INVITATION TO BID TO: PROSPECTIVE SECURITY ... Security Services.pdfAbout La Palmera: Located in...

INVITATION TO BID TO: PROSPECTIVE SECURITY CONTRACTOR BIDDERS RE: Security Service Contract DATE: August 20, 2013 BID DUE DATE: September 24, 2013 12pm (noon) Central Time Corpus Christi Retail Venture, L.P. will be accepting bids for the above referenced project. We ask that you include all associated fees and taxes with your bid. ALL POTENTIAL BIDDERS MUST REGISTER AS A “RESPONSIBLE CONTRACTOR” with the owner, Institutional Mall Investors, LLC. Please visit www.imi-rcp.com and select “Register as a Responsible Contractor” link. Once registered you may log-in and download the bidding documents. No bids will be accepted from a contractor that has not completed this process. Bid Documents (hard copy) are available for review at: La Palmera Management Office, 5488 S Padre Island Dr. Ste. 2000 Corpus Christi, TX 78411 Monday – Friday 9am – 4pm Bid Documents may also be found at www.lptenants.com under Bid Opportunities tab. Questions about the Bid Documents should be addressed to: Linda Irigoyen Executive Assistant – La Palmera 361-986-7902 [email protected] After a thorough and comparative analysis of each bid received prior to the bid opening, contracts will be awarded to the lowest qualified bidder. Please indicate your interest in bidding this project by completing & returning this invitation to Bid via Fax to La Palmera (Fax 361-993-5631). Yes ____ No ____ ____________________________________________ Contact Name Phone: _______________ ____________________________________________ Company Name Fax: _________________ ____________________________________________ Email Address

August 20, 2013

To: Prospective Security Service Providers

From: Amanda Sanchez – Assistant General Manager

RE: Request for Proposal

The purpose of this document is to request proposals for Security Services at La Palmera. Providers that receive this RFP who can provide the services requested are invited to respond with a proposal. Details and specifications contained in your RFP combine with any site visits that are deemed to be appropriate should be used in your final proposal. Suggested or projected details and specifications should not be used.

Bid Documents include:

• Invitation to Bid • Request for Proposal • La Palmera Mall Services Contract • Required RCP Certification pages • Contractor Insurance Requirements • Non – discrimination Clause • Pricing and Proposal Form • Specifications • Site Map

Bids will be accepted until Noon on September 24, 2013. Any bids received after that time will not be considered.

The contract is from January 01, 2014 through December 31, 2014 with payment being in 12 equal payments. All questions should be directed to Linda Irigoyen at 361.986.7902 or email [email protected].

About La Palmera: Located in Corpus Christi, Texas, La Palmera is super‐regional mall with more than 100 retail and restaurant tenants. La Palmera is the first mall to be awarded LEED® Silver for Core and Shell 2.0 established by the U.S. Green Building Council (USGBC). Following a $50 million renovation, the mall features a new outdoor main entrance, 600‐seat food court with a 4,500‐gallon feature aquarium and a children’s ocean‐themed play area.

La Palmera:

• 997,340 total square foot of retail and restaurants • 4,703 convenient parking spaces in multi‐level structured facilities and surface lots • (Site Plan attached)

Proposal Details & Requirements:

• All bids must be clearly marked with service(s) provided (IE: Janitorial Bid) • All bids must be received no later than September 24, 2013, 12pm (noon).at:

Amanda Sanchez 5488 S. Padre Island Dr. Ste. 2000 Corpus Christi, TX 78412

• All proposals must be for a one year period • All proposals must allow flexibility for start‐up between 01/1/2014 & 01/15/2014 • All proposals must include acknowledgement that Owner’s Service Contract will be used to

execute selected proposal terms (copy attached) • All proposals must be submitted in a sealed package or envelope • Hard copies must be submitted by deadline – electronic copies may be sent but do not replace

hard copy requirement • All contractors’s submitting proposals are required to register as a Responsible Contractor via

www.imi‐rcp.com. Instructions on how to do this are included in the Request for Proposal. In addition, Contractors should read the Neutrality Trial Contractor Program Policy attached. The completed neutrality Certification forms MUST be returned with the proposal in order for the bid to be considered.

• For insurance requirements see Exhibit D

Each Proposal must include the following:

• Company History and Organization • Management Approach • Personnel Selection Process • Development and Retention of Personnel • Cost Proposal and Invoicing • Training Programs

• Value Added Features • Insurance • Benefits Program • Employee Recognition Programs • Start Up Plan • 3 trade like References • Signed Neutrality Certification

• Any suggestions and/or creative approaches must be done as an addendum to proposal

Process for Completion of Proposals:

• All questions should be directed to: o Linda Irigoyen o Phone: 361.986.7902 o Email is preferred communication method:[email protected]

• All questions must be submitted by 09/14/2013 • All site visits should be coordinated through Linda Irigoyen at [email protected] • No on‐site employees may be contacted under any circumstances • There will be no prospective vendor information meeting / call • All expenses in preparing proposal are at vendor’s risk

Evaluation Process:

• Final evaluation and selection is proprietary and at sole discretion of management. • The following issues will be considered:

o Demonstration of full understanding of the scope of work o Administrative compliance with requirements o Registration and compliance with Responsible Contractor requirements o Demonstration of ability to meet technical requirements o Demonstration of existing system to support project o Price o References supplied

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REQUEST FOR PROPOSALS FOR SECURITY SERVICE PROVIDER

Corpus Christi Retail Venture, L.P.

La Palmera

Security Services

SUBMITTAL DUE DATE: September 24, 2013 by 12pm (noon)

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Section 1 - General Information & Requirements 1.1 General Information 1.2 Type of Contract 1.3 Submission of Proposals 1.4 Point-Of-Contact 1.5 Evaluation of Proposal 1.6 Owner’s Reservation of Rights 1.7 Acceptance of Evaluation Methodology 1.8 No Reimbursement for Costs 1.9 Project Planning Schedule 1.10 Owner’s Special Conditions

Section 2 - Requirements for Proposal 2.1 Respondent’s Statement of Qualifications 2.2 Respondent’s Pricing and Delivery Proposal

Section 3 - Format for Proposals 3.1 General Instructions 3.2 Execution of Offer

Exhibits Exhibit A – La Palmera Services Contract Exhibit B - CalPERS Statement of Investment Policy for Responsible Contractor Program (if applicable) Exhibit C - Minimum Insurance Requirements – Construction Projects (Trademark standard unless Financial Partner’s is more stringent) Exhibit D – Non-Discrimination Clause Exhibit E – Pricing and Proposal Form

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SECTION 1 – GENERAL INFORMATION & REQUIREMENTS 1.1 GENERAL INFORMATION Corpus Christi Retail Venture, L.P. is selecting a Security Service Provider in accordance with the terms, conditions, and requirements set forth in this Request for Proposal. The Owner is soliciting RFPs from qualified Respondents. The RFP provides the information necessary to prepare and submit Proposals including fee proposals and general conditions prices. The Owner will rank the Proposals in the order that they provide the “best value” for the Owner based on the evaluation criteria. Respondents shall consider only those clarifications and interpretations that the Owner issues by addenda prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Qualifications.

1.2 TYPE OF CONTRACT

Any contract resulting from this solicitation will be in the form of the La Palmera Service Contract, which is attached as Exhibit A- Service Contract. Respondent agrees that submittal of Proposal indicates acceptance of all terms and conditions set forth in Exhibit A unless otherwise noted in the RFP response. 1.3 SUBMISSION OF PROPOSALS The Owner will receive Proposals at the time and location described below: September 24, 2013 Corpus Christi Retail Venture, L.P. Attn: Amanda Sanchez 5488 S Padre Island Dr., Ste. 2000 Corpus Christi, TX 78411 [email protected]

• Submit hard copy and email copy (in PDF format. File size not to exceed 9MB) of the Proposals. • Late received Proposals will disqualify the Respondent from the evaluation process. • The Owner will not acknowledge or receive Proposals that are delivered by telephone or fax. • Properly submitted Proposals will not be returned to Respondents. • Proposal materials must be enclosed in a sealed envelope (box or container) addressed as stated

above; the package must clearly identify the submittal deadline, the Project Name, and the name and return address of the Respondent.

1.4 POINT-OF-CONTACT

The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Any questions or concerns regarding this Request for Proposal shall be directed in writing via e-mail or fax prior to September 24, 2013. All Owner responses will be shared via posted addenda. All questions must be sent to: Linda Irigoyen, [email protected], 361-986-7902. To schedule a walk with Amanda Sanchez, Assistant General Manager, contact Linda Irigoyen at 361-986-7902 or [email protected]; all meetings will be scheduled through Linda.

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1.5 EVALUATION OF PROPOSALS The evaluation of the Proposals shall be based on the submitted Proposal response to the actual criteria in Section 2, including the Pricing and Proposal Form. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner.

1.6 OWNER’S RESERVATION OF RIGHTS The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.7 ACCEPTANCE OF EVALUATION METHODOLOGY By submitting its Proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firm will require subjective judgments by the Owner.

1.8 NO REIMBURSEMENT FOR COSTS Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFP shall be at the sole risk and responsibility of the Respondent. 1.9 PROJECT PLANNING SCHEDULE

Key project planning schedule milestones are:

Owner receives Request for Proposals: September 24, 2013 12(noon) Owner review of proposals and qualifications: September 24, 2013 - October 10, 2013 Owner Contractor selection: November 01, 2013 Contract begin date: January 01, 2014 Conclusion of contract: December 31, 2014

1.10 OWNER’S SPECIAL CONDITIONS

1. If applicable, all bidders must self-certify that they meet the requirements of the CalPERS Neutrality Trail Responsible Contractor Program. Before submitting a proposal you must be pre-qualified by filling out the (3) three page Appendix 1 of the Responsible Contractor Policy (Exhibit B). You must submit these completed forms with your proposal. If the forms are not submitted with your bid, it will disqualify you from the process.

2. This project has various interested parties that should be named additional insureds on

all insurance certificates prior to the start of work. The following entities should be listed on all required insurance certificates:

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California Public Employee Retirement System (CalPERS) Staples Center Retail Venture, LP Corpus Christi Retail Venture, LP IMI Staples Center, LLC Institutional Mall Investors, LLC MCA Mall Investors, LLC Miller Capital Advisory, Inc. TIAA – CREF TP Genpar, LLC Trademark Padre, LP Trademark Management, LTD Trademark Property Company

3. Insurance Requirements (see Exhibit C)

SECTION 2 – REQUIREMENTS FOR PROPOSAL

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in Section 2 formatted as directed in Section 3. Incomplete responses will be considered non-responsive.

2.1 RESPONDENT’S STATEMENT OF QUALIFICATIONS

Provide a statement of interest for the Project including a narrative describing the Respondent’s unique qualifications as they pertain to this particular Project. Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

SECTION 3 – FORMAT OF PROPOSALS 3.1 GENERAL INSTRUCTIONS Proposals shall be prepared simply and economically, providing a straightforward and concise description of the Respondent's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs. Proposals shall be by unit pricing. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the Owner. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

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The Owner makes no representations of any kind that an award will be made as a result of this RFP. The Owner reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner's best interest. Failure to comply with all requirements contained in this Request for Proposal may result in the rejection of the Proposal.

3.2 EXECUTION OF OFFER NOTE TO RESPONDENTS: SUBMIT THIS ENTIRE THREE (3) PAGE SECTION WITH RESPONSE. THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT’S QUALIFICATIONS AND PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN REJECTION OF THE QUALIFICAITONS. SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS AND PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER’S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT. By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for Qualifications and Proposal; it is not a contract or offer to contract; (2) the submission of Qualifications by Respondent in response to this RFP will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFP; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent’s preparation of a response to this RFP. By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein. By signature hereon, Respondent affirms that it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to owner’s representative in connection with the submitted Proposal. By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state or the Federal antitrust laws, no communicated directly or indirectly the Proposal made to any competitor or any other person engaged in such a line of business. By signature hereon, Respondent represents and warrants that; Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirement of the RFP; Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the term, conditions and requirements of the RFP; Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and

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local laws, rules, regulations and ordinances; Respondent understands the requirements and specifications set forth in this RFP; All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law and its regulations in effect or proposed as of the date of this solicitation. By signature hereon, Respondent signifies its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the owner, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposal.

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Execution of Offer: The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject he submittal to disqualification. Respondent’s Name: _____________________________________________________________________ Respondent’s State of Texas Tax Account No: _________________________________________________ Respondent’s FEI No: _____________________________________________________________________ If a Corporation: __________________________________________________________________________ Respondent’s State of Incorporation: __________________________________________________________ Respondent’s Charter No: __________________________________________________________________ Best Rating: _________________________ Safety Rating: ________________________________ Is respondent recognized as a DBE (Disadvantaged Business Enterprise)? Yes _____ No _____ Identify each person who owns at least 25% of the Respondent’s business entity by name: ____________________________________________ (Name) ____________________________________________ (Name) ____________________________________________ (Name) ____________________________________________ (Name) Submitted and Certified by: ____________________________________________ _________________________ (Respondent’s Name) (Title) ____________________________________________ _________________________ (Street Address) (Telephone Number) ____________________________________________ _________________________ (City, State, Zip Code) (Fax Number) ____________________________________________ _________________________ (Authorized Signature) (Date)

LA PALMERA MALL

SERVICES CONTRACT

Parties: The parties to this “Services Contract” (“Contract”) are:

(i) Corpus Christi Retail Ventures, L.P. (“Owner”); and (ii) ___________________________ (“Contractor”).

Premise:

A. Corpus Christi Retail Ventures, L.P. (“Owner”) is a Delaware limited partnership which has qualified to do business in Texas. The general partner of Owner is Trademark Padre, L.P., a Texas limited partnership (“Trademark”). The general partner of Trademark is TP Genpar, LLC, a Texas limited liability company (“Genpar”). Owner owns and holds legal title to that certain real property located in Corpus Christi, Nueces County, Texas bounded on the south by South Padre Island Drive, bounded by the east by South Staples Street and bounded on the north by McArdle Road and known as “La Palmera Mall” (the “Property”).

B. For the proper maintenance and operation of the Property, Owner

requires services of the type provided by Contractor.

C. Contractor has represented to Owner that Contractor is fully experienced in providing, and has all necessary know-how, personnel, equipment and supplies required to perform and provide, the services covered by this contract and described on Schedule A.

D. Indemnified Parties: For purposes of this Contract, “Indemnified

Parties” shall mean and include Owner, Trademark and Genpar, as identified in Premise A above and each and all of their respective partners, members, managers, officers, agents and employees.

Agreement: In consideration of the mutual promises and covenants herein expressed including the agreement of Owner to make payments to Contractor as herein provided, the Parties agree as follows:

1. Services. Contractor will timely provide to Owner at, and for the benefit of, the Property the services described on Schedule A (the “Services”) in a good and workmanlike manner consistent with prevailing practices in the industry and suitable to, and consistent with, the high quality standards of Owner and the Property and with the provisions of this Contract.

2. Payment. Upon performance of Services, Owner will pay to Contractor

sums determined as to amount, and at the times, as specified in Schedule B attached hereto.

Exhibit A

Contractor Acceptance ____________

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3. Term. This Contract is for a Primary Term of 12 months, beginning on

January 01, 2014; and it shall continue after the end of the Primary Term from month-to-month until the earlier of (i) delivery of written notice of cancellation by one party to the other or (ii) the beginning of the term of a new Contract evidenced by a writing signed by both parties.

4. Termination.

A. For Cause: If either Party shall fail timely and properly to perform

this Contract or otherwise shall breach this Contract, the other Party may terminate this Contract “for cause” by delivering written notice of termination specifying the breach or failure of the breaching party; except, however, if the alleged breach is a failure of Owner to pay any sum due hereunder Contractor shall not terminate this Contract unless Owner shall have failed to pay the sum due within ten (10) days after Owner shall have received written notice from Contractor of the alleged failure to pay specifying the sum due and the basis for such payment.

B. Without Cause: Either Party may terminate this Contract without

cause by giving written notice of termination to the other Party not less than thirty (30) days prior to the specified effective date of such termination.

C. Upon any termination (i) all unearned and unaccrued rights and

benefits of each Party shall terminate; (ii) each party shall promptly (in not more than thirty (30) days) pay to the other Party the sums theretofore earned and accrued; and (iii) Contractor shall promptly remove all of its personal property from the Property and return to Owner any and all keys, access cards and codes.

5. Independent Contractor. Contractor shall be an Independent Contractor

in performing Services hereunder. Owner is interested only in the results obtained and Contractor shall be solely responsible for the manner of performance to obtain the agreed results. Neither Party is an agent, servant or employee of the other Party. Neither party shall have any authority to act in the name of, or in any way to bind, the other party. Contractor is solely responsible for all payments due or to become due to its employees or materials suppliers, including the withholding of appropriate taxes and the compliance with any and all workers’ compensation laws or similar employer obligations or requirements with respect to its employees; and Contractor hereby indemnifies, defends and saves harmless Indemnified Parties against any and all liability therefore including, without limitation, court costs and reasonable attorney’s fees.


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6. Standards Of Contractor’s Performance

A. Personnel: Contractor shall: - Provide an appropriate number of employees timely and properly to provide the Services.

- Train and supervise all of Contractor’s employees as necessary to assure efficient performance of the Services in accord with Owner’s standards.

- Require and assure that all Contractor employees working on the Property are neatly, properly and clearly attired, wearing visible and legible identification identifying them as Contractor’s personnel, and that they behave in a courteous and considerate manner to Owner, Owner’s tenants and their customers.

- Comply with, and be responsible to assure that all of Contractor’s employees comply with, all applicable local, state and federal governmental laws, rules and regulations in performing Services and while on the Property.

- Comply with, and be responsible to assure that all of Contractor’s employees comply with all rules and regulations from time to time published by Owner and furnished to Contractor.

- Be responsible to assure that no person who is employed directly or indirectly by Contractor and who is under the influence of alcohol or any illegal drug or in an impaired condition by reason of prescription drugs, or who is in possession of any such substance, shall come upon the Property. Further, Contractor shall cause any person directly or indirectly employed by Contractor to perform services on the Property to submit (upon Owner’s request) to unannounced search of such person’s vehicle, clothing and person and to testing for use of drugs and alcohol. Contractor will cause any such person permanently to be removed from, and barred from, the Property who is found to be under the influence of or in possession of drugs or alcohol on the Property, or who shall fail or refuse to cooperate with and submit to such testing or search.

B. Equipment: Contractor shall (at no additional cost to Owner) furnish all equipment needed for performance of the Services. All such equipment shall be properly maintained and shall be operated only in a manner in strict compliance with all safety rules and standards applicable thereto whether published by the manufacturer, dealer, a governmental agency or recognized best practices.


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C. Supplies: Contractor shall (at no additional cost to Owner) furnish all supplies and materials needed for performance of the Services. All such supplies and materials shall be new, first quality and used only in compliance with all health and safety rules, regulations and standards applicable thereto whether published by the manufacturer, supplier, a governmental agency or recognized best practices.

D. Hazardous Substances: Contractor will not, without Owner’s prior written consent, bring or use on the Property any Hazardous Substance. For purposes hereof “Hazardous Substance” means anything that (i) is or contains a substance designated as a hazardous waste, hazardous substance, hazardous material, pollutant, contaminant or toxic substance under any federal, state or local environmental law or regulation; (ii) is toxic, reactive, corrosive, ignitable, infectious or otherwise hazardous; or (iii) without limiting the foregoing, is or contains, petroleum hydrocarbons.

7. Indemnity Agreement, including Obligation to Indemnify against Owner’s own Negligence:

A. To the maximum extent permitted by law, Contractor agrees to defend, indemnify, and hold Indemnified Parties harmless of and from any and all liability, claims, or demands arising from or claimed to arise from Contractor’s work under this Agreement and to defend them against any such claims.

B. THIS AGREEMENT TO INDEMNIFY SPECIFICALLY EXTENDS

TO AND INCLUDES INDEMNITY FOR LOSSES CAUSED BY THE NEGLIGENCE OF INDEMNIFIED PARTIES ARISING FROM OR RELATED TO CONTRACTOR’S WORK.

C. Contractor shall immediately notify Owner and Contractor’s

insurance carrier of all circumstances that do, or may, give rise to any claim within this indemnity agreement. Contractor’s indemnity obligation specifically includes the defense of claims against Indemnified Parties and all expenses and costs, including attorney’s fees, fees of experts and consultants, pre-judgment and post-judgment interest awarded, and all litigation expenses related to the defense of Indemnified Parties. Indemnified Parties shall have the right to approve the attorneys hired by Contractor to defend them. If Contractor fails to hire counsel approved by Indemnified Parties, then Indemnified Parties may hire attorneys to defend them and Contractor agrees to pay the fees of these attorneys as well as other fees and expenses described above.


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D. Contractor shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all costs and expenses of any kind, including reasonable attorney’s fees and court costs, arising from such liabilities, losses, claims, demands, and actions and the investigation, defense, settlement or other disposition thereof.

8. Insurance:

A. Contractor shall, at all times during the term of this Contract, maintain in force policies of insurance providing the coverage listed on Schedule C attached hereto, naming Owner and all Indemnified Parties (as identified above) as insured parties. Prior to going upon the Property, Contractor shall provide to Owner copies of all such policies. Each such policy shall (1) name Owner as an additional insured by schedule or endorsement providing coverage for Owner of claims arising from Contractor’s work and not limited to Contractor’s ongoing operations, and (2) provide that there will be no cancellation, non- renewal, or reduction of coverage without thirty (30) days prior written notice as notice to Owner. All applicable policies that provide for subrogation against Owner must waive that right of subrogation. Before commencement of any performance under this Agreement, Contractor will deliver to Owner a certificate from the company issuing each insurance policy warranting the required coverages, limits and waiver of subrogation. Each such insurance policy shall be issued by an insurance company satisfactory to Owner and holding a current Best’s rating of A- or better. Each required certificate shall state the existence of any deductible, retention, or self-insurance amount. Owner may require Contractor to deliver a sworn statement showing that Contractor has and will maintain sufficient net worth to satisfy Owner of Contractor’s ability to pay and deductible, retention, or self-insurance amount.

9. Compliance with California Public Employees’ Retirement System: Contractor shall comply with the California Public Employees’ Retirement System Statement of Investment Policy for Neutrality Trial Responsible Contractor Program (a copy of which has been furnished to Contractor), receipt of which Contractor hereby acknowledges. Contractor will comply with the terms of such policy including timely filing with Owner the Contractor Self Certification forms. See attached copy.

10. Nondiscrimination: During the performance of this Agreement, Contractor

and any permitted subcontractors shall not deny the benefit of this Agreement to any person on the basis of religion, color, ethnic group identification, sex, age, or physical or mental disability, nor shall they


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discriminate unlawfully against any employee or applicant for employment because of race, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Contractor shall endure that the evaluation and treatment of employees and applicants for employment are free from such discrimination. Contractor and any permitted subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

11. Condition of Premises: Contractor affirms and represents that it has inspected all of the Property on which Contractor’s work will be performed and that (1) there is no latent or other condition of the premises that will preclude Contractor from carrying out his work, and (2) there is no defect in the premises that poses an unreasonable risk of harm to Contractor’s employees. 12. Entirety: This writing (including the attached Schedules) is the entire Contract of the Parties related to the Services and supersedes or incorporates all prior negotiations, agreements and discussions.

13. Assignment; Subcontracting: Contractor will not assign this Contract or sub-contract any part of the work to be performed hereunder, or otherwise cause any third party to come upon the Property, without first (i) obtaining the prior written approval of Owner and (ii) assuring insurance coverage of such third party complying with this Contract.

14. Assignment by Owner: Owner may assign this Contract and any part of its rights hereunder to any successor as Owner or tenant of any part of the Property; and if such assignee shall assume Owner’s obligations hereunder, Owner shall thereby be relieved of further obligations hereunder.

15. Notice: Any notice required or permitted to be given in respect of this Contract shall be deemed to have been properly given if, and only if, it shall have been given: - in writing; and

- delivered by prepaid U.S. mail, overnight courier service, electronic facsimile transmission or e-mail, in such manner as to obtain proof of delivery to the party to whom addressed at its address shown below:

To Owner as named above at: 5488 South Padre Island Drive Management Offices Attn: Amanda Sanchez Corpus Christi, Texas 78411 Facsimile: (361) 993-5631 E-mail: [email protected]

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To Contractor as named above: Contractor Name Attn: Name Address City State Phone: E-mail:

Signed, delivered and agreed to be performed in Nueces County, Texas on , 20 .

SIGNATURES

“OWNER” Corpus Christi Retail Venture, LP By: Trademark Padre, LP (its general partner) By: TP Genpar, LLC (its general partner) By: Authorized Representative “CONTRACTOR” (Name) By: Authorized Representative


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LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE A

Description of Services to be provided by Contractor

Services: General Description: Security Services as outlined in Exhibit F Personnel: Contractor will, solely at Contractor’s cost and expense, provide all employees of Contractor needed to perform the Services. All personnel must always act in a professional manner and be dressed in uniform. Equipment: Contractor will, solely at Contractor’s cost and expense, provide all equipment needed to perform the Services. Supplies and Materials: Contractor will, solely at Contractor’s cost and expense, provide all supplies and materials needed in performing the services.


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LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE B

Payments to be Made

Amounts: For Contractor’s performance of Services under this Contract, Owner will pay to Contractor by check drawn on Owner’s bank sums as follows: $ (plus tax) Time of Payments: Such sums shall be paid at the following times: Payment will be made monthly. Documentation: Each request for payment by Contractor shall be accompanied by supporting documentation for expenses. No other sums shall be owed or paid by Owner to Contractor unless specifically agreed by a writing signed by Owner.


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LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE C

Insurance Coverage

Minimum Insurance Requirements: All Contractors shall:

• Carry the insurance listed below with insurance companies acceptable to Landlord; and

• Furnish Certificates of Insurance to Landlord evidencing required coverages and listing all required additional insureds at least ten (10) business days prior to entry in the Shopping Center, and Renewal Certificates at least thirty (30) days prior to the expiration dates of Certificates previously furnished.

Certificates of Insurance must provide for at least thirty (30) days prior written notice of cancellation or material change (or at least 10 days for non-payment of premium) to Corpus Christi Retail Venture, LP c/o La Palmera, Attn: Amanda Sanchez, 5488 S Padre Island Dr. Corpus Christi, TX 78411.

1. Rating. Certificates of Insurance will be accepted only from insurance companies authorized to do business in the state in which the Shopping Center is located and having an “A X” rating or better per A.M. Best Company’s insurance reports.

2. Type of Insurance Coverage.

Builder’s Risk or Installation Floater. Contractor shall provide “All Risk” or “special form” Builder’s Risk insurance or Installation Floater in an amount equal to the replacement cost of the improvements to be built by the Contractor, insuring against all risks of direct physical loss or damage to materials, equipment, machinery and other property incorporated in the job. Builder’s Risk insurance or Installation Floater will not provide coverage for tools, equipment or other items which Contractor uses in connection with the Work and which are not incorporated into or intended to become permanent part of the Work. Contractor shall waive its right of subrogation against Landlord, Landlord Entities and Landlord Mortgagees for damage caused by fire or other perils, covered by the “all risk” or “special form” policy. Landlord is to be named a loss payee or a named insured on the policy. Deductibles on the policy shall be paid by Tenant and/or Contractor. Worker’s Compensation. Statutory workers compensation insurance covering full liability under applicable Worker’s Compensation laws at the required statutory limits. Contractor

Acceptance ____________

11 360329/261.01/CWT/826

Employer’s Liability. Employers’ liability insurance with the following minimum limits of liability: $1,000,000 Bodily Injury by Accident, Per Accident $1,000,000 Bodily Injury by Disease, Policy Limit $1,000,000 Bodily Injury by Disease, Per Employee Commercial General Liability. This insurance policy must:

a. Be written on a standard liability policy form (known as commercial general liability) but without exclusionary endorsements that may delete coverage for products / completed operations, personal and advertising injury, blanket contractual, fire, legal liability, or medical payments. Also, no exclusions pertaining to demolition, excavating, collapse, underground work and blasting. Completed operations coverage is to be continued for 10 years for property damage after acceptance of work under contract.

b. Be endorsed to provide that:

• Aggregate limits, if any, apply separately to each of the insured’s jobs or projects

away from premises owned by or rented to the insured;

• The insurance is primary and non-contributory to any insurance available to Landlord and the other additional insureds; and

• Include the following minimum limits:

$1,000,000 Per Occurrence $2,000,000 Products/Completed Operations $2,000,000 General Aggregate $1,000,000 Personal & Advertising Injury

Automobile Liability. Automobile liability insurance against bodily injury, including death resulting therefrom, and property damage, covering owned, non-owned, leased and hired motor vehicles used by or on behalf of contractor at, upon, or away from the Shopping Center with the following minimum limits: $1,000,000 Combined Single Limit Bodily Injury and Property Damage

Per Accident “All risk” or “special form” replacement cost property insurance on materials, supplies, equipment, apparatus and any other property of the contractor located, used or stored at the Shopping Center. Umbrella or Excess General, Auto & Employers’ Liability.

$5,000,000 Per Occurrence, coverage is to be on a following form basis.

Professional Liability (Errors and Omissions Liability). (For consultants only)

$2,000,000 Per Occurrence Contractor

Acceptance ____________

12 360329/261.01/CWT/826

3. General Requirements. All policies enumerated above must be:

• Written on an occurrence basis and not on a claims-made basis (except Professional Liability Policy);

• Endorsed to name as additional insureds Landlord, Landlord Entities, Landlord’s

Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns; (excludes Worker’s Compensation/Employer’s Liability Coverage & Professional Liability Policy)

• Endorsed to waive or permit an express waiver of any rights of subrogation in

favor of Landlord, Landlord Entities, Landlord’s Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns;

• Primary and non-contributing with, and not in excess of, any other

insurance available to Tenant, Landlord, and Construction Manager (or any other entity named as an additional insured); and

• Include a cross liability or severability of interests clause (excludes workers’ compensation/employer’s liability).

4. Special Conditions. The above policies (except workers’ compensation and employer’s

liability) must:

• be further endorsed to name the following entities (“Landlord Entities”) as additional insureds:

o Corpus Christi Retail Venture LP o IMI South Texas LLC o Trademark Padre, LP o Institutional Mall Investors LLC o Trademark Property Company o TP Genpar, LLC o Miller Capital Advisory, Inc. o California Public Employees’ Retirement System (CalPERS) o MCA Mall Investors LLC o Trademark Management, LTD. o Landlords Mortgagee

5. Notice of Accident. Contractor shall immediately provide written notice to Contractor’s

Insurer or Insurance Agent of all accidents resulting in injury to persons or property occurring on or near the Project. In the event of death or serious bodily injury to others, or damage to Owner’s property, Contractor shall report full particulars, by telephone, within 24 hours of the occurrence. Copies of all accident reports should be directed to:


Copyright © 2010 by CalPERS. Reproduction of any part of this manual is permissible if reproduction

contains notice of CalPERS copyright as follows: “Copyright © 2010 by CalPERS.”

APPENDIX 1 PAGE 1 of 3

APPENDIX 1

NEUTRALITY TRIAL RESPONSIBLE CONTRACTOR PROGRAM POLICY

CERTIFICATION OF RESPONSIBLE CONTRACTOR STATUS

GENERAL INFORMATION

Company Name

Address

City

Telephone Number ( ) Fax Number ( )

Ownership Structure (Please check one)

__ Sole Proprietorship __ Partnership __ Corporation __ Joint Venture __ Other_________________

Description of Service(s) Provided

Contractor’s License #

RESPONSIBLE CONTRACTOR STATUS (Refer to definitions on reverse)

Please check one of the following boxes:

1. __ Meets all Responsible Contractor requirements

2. __ Meets none of the Responsible Contractor requirements

3. __ Meets certain of the Responsible Contractor requirements (provide explanation below)

If you have checked box 3 above, please provide an explanation below (attach additional pages if necessary).

Explanation: ___________________________________________________________________________

______________________________________________________________________________________

4. In the last 18 months, has your firm been fined, suffered an adverse judgment, incurred a penalty, or had to change its

employment policies because of violations of State or Federal labor laws, including but not limited to the National Labor

Relations Act, or the Civil Rights Act of 1964 (e. g., sexual harassment or discrimination violations)? If yes, please explain

(attach additional pages if necessary).

Explanation: ___________________________________________________________________________

______________________________________________________________________________________

5. Are you aware of any pending complaints that have been filed with your firm or any agency enforcing labor or employment

laws? If yes, please explain. (An affirmative answer will not necessarily disqualify you from being the successful bidder. It

just will be a factor that will be taken into account in determining to whom the contract will be awarded.)

Explanation (attach additional pages if necessary): __________________________________________

____________________________________________ ________________________________________

TARGETED VENDOR STATUS (refer to definitions on reverse.)

Does your firm meet the definition of Service-Disabled Veteran Business Enterprise? __ Yes __ No

NEUTRALITY TRIAL RESPONSIBLE CONTRACTOR PROGRAM

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EXHIBIT B




NEUTRALITY TRIAL PROGRAM COMPLIANCE

Is your firm subject to the Neutrality Trial Program? __ Yes __ No If your firm is subject to Neutrality Trial Program, have you complied with it in all respects? __ Yes __ No (if no, attach explanation)

OWNER’S CERTIFICATION OF RESPONSIBLE CONTRACTOR STATUS

On behalf of the above-named company, the undersigned certifies that the information and response provided herein are true, complete and accurate as of this date, and he/she is aware that any intentionally misrepresented or falsified information may result in disqualification from future contracting opportunities. Signature ___________________________________ Date ____________________________ Name (please print) _____________________________ Title_____________________________

This form was prepared for use with the Neutrality Trial Responsible Contractor Program Policy of CalPERS. Any contractor or subcontractor with a minimum contract size of $100,000 should complete this form. CalPERS reserves the right to disclose the contents of this Self-Certification Form at its or its Manager’s or Delegate’s discretion.





INTRODUCTION: The California Public Employees’ Retirement System (“CalPERS”) has a deep interest in the condition of workers employed by CalPERS and its Managers and Delegates. CalPERS, through the Statement of Investment Policy for the Neutrality Trial Responsible Contractor Program (“Responsible Contractor Policy”), supports and encourages fair wages and fair benefits for workers employed by its contractors and subcontractors, subject to fiduciary principles concerning duties of loyalty and prudence, both of which further require competitive returns on CalPERS real estate and infrastructure investments. CalPERS endorses small business development, market competition and control of operating costs. CalPERS supports many of the ideals espoused by labor unions and encourages participation by labor unions and their signatory contractors in the development and management of CalPERS real estate and infrastructure investments. CalPERS believes that an adequately compensated and trained worker delivers a higher quality product and service. This policy is intended to complement and in no manner detract from existing CalPERS policies regarding Disabled Veteran Business Enterprises contract participation. DEFINITIONS:

Responsible Contractor: A business that pays workers a fair wage and a fair benefit as evidenced by payroll and employee records and who complies with the CalPERS Disabled Veteran Business Enterprise policy. The definition of fair benefits includes, but is not limited to, employer paid family health care coverage, pension benefits, and apprenticeship programs. What constitutes a fair wage and a fair benefit depends on the wages and benefits paid on comparable real estate or infrastructure projects. Fair wages and fair benefits are based upon local market factors, that include the nature of the project (e.g. residential or commercial and public or private) comparable job or trade classifications, and the scope and complexity of services provided. Disabled Veteran Business Enterprise (DVBE) Policy: CalPERS contractors shall make a good faith effort to comply with CalPERS annual contract participation goals by directing 3% of their CalPERS-related purchases of goods and services to Disabled Veteran Business Enterprises. Disabled Veteran Business Enterprise: A business enterprise that is certified by the State of California, Office of Small Business & DVBE Services of the Department of General Services as meeting all of the following: (1) it is a business enterprise which is at least 51% owned by one or more Disabled Veterans, (2) the management and control of the daily business operations are controlled by one or more Disabled Veterans (the Disabled Veterans who exercise management and control are not required to be the same Disabled Veterans as the owners of the business concern), and (3) its home office is located in the United States and it is not a branch or subsidiary of a foreign corporation, foreign firm or other foreign-based business. Disabled Veteran: A veteran of the military, naval or air services of the United States with a service-connected disability of at least 10 percent who is a resident of the State of California.


Responsible Contractor Worksheet

This worksheet has been provided to assist you with answering questions on the Certification of Responsible Contractor Status form. The Responsible Contractor program encourages fair wages and benefits, consistent with local market practices. Please take a few minutes to complete the following questions about your firm and the marketplace in which you operate.

Wages 1. Considering the wages paid by your competitors in this market, the nature of this project, and the size and scope of this contract, do you believe that your firm will pay local market wages for employees on this job?

Benefits

1. For the majority of the employees on this job, will your firm provide employer-paid health insurance for the employee or the employee and his/her family? 2. For the majority of the employees on this job, will your firm provide pension, 401k, or a similar program? 3. For the majority of the employees on this job, will your firm provide access to apprenticeship programs for skilled trades?

□ Yes □ No

□ Yes □ No

□ Yes □ No

□ Yes □ No

4. Are there any other benefits that you will provide to employees on this job that you would like to

describe (e.g. paid vacation, sick leave, etc.)? If so, please describe:

5. Considering your answers above, the benefits your competitors in this market provide to their employees, the size and scope of this contract, and the nature of this project, do you believe your firm will provide benefits consistent with local market practices to the employees on this job?

□ Yes □ No

Please use the space below if you would like to elaborate on any of the answers you provided above:

EXHIBIT C

INSURANCE REQUIREMENTS LIABILITY COVERAGES Commercial General Liability Insurance:

• $1,000,000 per occurrence • $2,000,000 products / completed operations aggregate • $2,000,000 general aggregate • $1,000,000 personal injury & advertising injury liability • $1,000,000 bodily Injury & Property Damage

Coverage is to include:

• Contractual Liability • Broad form property damage including completed operations liability • No exclusions pertaining to demolition, excavating, collapse, underground work and

blasting • Completed operations coverage, if applicable, to be continued for 10 years of applicable

maximum state statute of limitations for property damage after acceptance of work under contract

• Liquor liability coverage, if the contractor or vendor is in the business of selling or service alcoholic beverages, otherwise host liquor liability coverage

Auto Liability Insurance

• $1,000,000 per accident

Coverage is to include: • Owned, hired and non‐owned vehicles used by or on behalf of the vendor or contractor

Workers’ Compensation / Employer’s Liability Workers’ Compensation – Statutory Employer’s Liability

• Bodily Injury by Accident $1,000,000 per accident • Bodily Injury by Disease $1,000,000 policy limit • Bodily Injury by Disease $1,000,000 per employee

Excess General, Auto and Employer’s Liability Insurance:

• $5,000,000 per occurrence

Coverage is to be provided on a following form basis: The General Liability, Auto Liability and Excess Liability policies shall name the following as additional insureds: o Corpus Christi Retail Venture LP o IMI South Texas LLC o Trademark Padre, LP o Institutional Mall Investors LLC o Trademark Property Company o TP Genpar, LLC o Miller Capital Advisory, Inc. o California Public Employees’ Retirement System (CalPERS)

EXHIBIT C

o MCA Mall Investors LLC o Trademark Management, LTD. o Landlords Mortgagee

The above policies (except Workers’ Compensation / employer’s Liability) shall be endorsed so they are primary and noon‐contributing with insurance available to the above mentioned entities. The above policies (except Workers’ Compensation / employer’s Liability) shall include a cross liability or severability of interest’s clause. The above policies (except Workers’ Compensation / employer’s Liability) shall:

• Include a waiver of subrogation by insurers in favor of the above mentioned entities • Provide the vendor or contractor permission to waive subrogation against the above

mentioned entities, in which case the contract with the respective vendor or contractor should include a waiver of subrogation by such party in favor of the above mentioned entities.

• Any self – insurance retention must be declared by the vendor or contractor to CalPERS’ Real Estate Partner’s Risk Manager and approved by them.

PROPERTY COVERAGE

• All Risk Replacement Cost Property Insurance: • Contractor or vendor shall provide “All Risk” Property Insurance on materials, supplies,

equipment, apparatus and any other property of the contractor or vendor located, used or stored at the site in which CalPERS has an ownership interest.

The Property Insurance policy shall:

• Include a waiver of subrogation by insurers in favor of the above mentioned entities • Provide the vendor or contractor permission to waive subrogation against the above

mentioned entities, in which case the contract with the respective vendor or contractor should include a waiver of subrogation by such party in favor of the above mentioned entities.

Applicable to All of the Above Coverages:

• Required insurance is to be placed with an insurance company rated A – VII or better by A.M. Best or as approved by CalPERS’ Core Real Estate Partner’s Risk Manager.

• The above policies shall be endorsed to provide 30 days prior Notice of Cancellation or Non‐Renewal (10 days for non‐payment of premium0 to CalPERS.

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EXHIBIT D

EXHIBIT E – PRICING AND PROPOSAL FORMS

LA Palmera

Security Services

I acknowledge I have received, read, and reviewed all of the bid documents including the La Palmera Service Contract, Certification of Responsible Contractors, Insurance Requirements, and Specifications.

After reading and reviewing the entire Request for Proposal documents, I submit the following bid for services:

Employee Yearly Salary

Hourly Wage Paid Vacation Days Per Year

Health Benefits Offered

Director Assistant Director Supervisor Dispatch Guard(s)

Proposed Weekly Hours: Monthly Equipment Cost (please provide detail):

Monthly Vehicle Cost (must include fuel cost):

Misc (explain): Monthly Total(without tax): Yearly Total (without tax):

List any and all additional fees, surcharges, etc. that may be incurred: $___________________________ (Itemize in specific detail)

Contractor Name:

Address:

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SCOPE OF SERVICES – SECURITY SERVICES – LA PALMERA

Property defined as La Palmera Mall in its entirety

Manager defined as Management Team at La Palmera Mall

Project Owner defined as Management Team at La Palmera Mall

Contractor defined as 3rd Party Security Team

Contractor shall provide a stable, trained, unarmed, uniformed, protective security service at the Property listed. The security service shall be provided by security officers who are employees of Contractor, or to the extent required by state and local laws and regulations, or employees of any entity controlling, controlled by or under common control with Contractor. Contractor and each Security Officer at the Property must know and adhere to all Federal, State and local laws on detention and arrest for the applicable state.

The Security Officers assigned to the Property shall be responsible for the following: patrol, incident response, preliminary investigation, access control duties, inspection, customer assistance, special assignment, and reporting. Security services shall not include customer service at the Property, provided however, that a Security Officer may act as a substitute for customer service representatives so long as he or she only stands alongside a customer service counter and does not handle any money. Security Officers may accompany Manager Employees who are carrying funds, but may not physically handle the money.

Contractor shall install, utilize and maintain an incident tracking program at the Property within thirty (30) days of the Transition Date. Contractor shall prepare and submit a Monthly Executive Report to Manager within five (5) days following the end of each month. Such Monthly Executive Report shall include information regarding all significant incidents, payroll hours, completed training and the results of the weekly inspections. Contractor’s Security Director shall conduct a minimum of two unannounced inspection per month, these inspections must be conducted during the midnight shift and must be documented. The record of these inspections must be available for review at the Property. In addition, Contractor’s Security Director must conduct a Monthly Safety Meeting with Management Staff.

Contractor shall maintain records of each Security Officer’s work activities, inspection notices and findings, and any other records required by Manager. Contractor shall assure records are maintained in an orderly manner for not less than six (6) years after the expiration or earlier termination of this Agreement. Manager shall be permitted to examine and audit these records and all supporting documents at all reasonable times. Contractor shall provide copies of all Daily Security Recaps, Weekly Sprinkler Checks, Weekly Recaps (incidents), Weekly S.R.T. Reports, Weekly Foreign Plate Logs, Monthly Foreign Plate Logs, Monthly Recaps (incidents), Monthly Executive Reports, and Monthly Variance Reports to Manager.

Contractor shall conduct at least one (1) comprehensive Regional Property visit per month unless otherwise requested by Manager and prepare reports based on the findings, which shall be given to

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Manager within ten (10) days of each visit. In addition, on a quarterly basis Contractor shall procure all available data from local law enforcement agencies relating to reported crimes and calls for service at the Property. Contractor shall evaluate such data, and provide a verbal summary of the data to Manager or his/her designate. Contractor and Manager shall meet to discuss crime trends and the data received from the local law enforcement agencies at least once per quarter. Law enforcement data collected will be maintained at the Property during the Term of this Agreement.

Contractor acknowledges that during the term of the contract, its employees and agents may produce or have access to confidential information, records, data, specifications, trade secrets, customer lists, and secret inventions and processes of Manager. All records, files, drawings, documents, footage from security cameras or copies thereof, relating to the Property, the Project Owner, and/or Manager's business, which Contractor shall prepare or use, or come in contact with, shall be and remain the sole property of the Project Owner or Manager, as the case may be, and shall not be reproduced, transmitted or removed from the Property without Manager's consent, and shall not be disclosed to any persons, or business entity without the written approval of Manager. Contractor shall hold all such information contained in or derived from any of the sources described above in trust and confidence for the Property, the Project Owner, and Manager except as authorized by Manager in writing. Contractor agrees to adopt and maintain procedures reasonably calculated to insure that only such employees of Contractor that have a need to know such information in order to discharge Contractor's obligations hereunder have access to such information. Upon cancellation or expiration of the contract, Contractor shall return to Manager all written or descriptive matter, including but not limited to drawings, descriptions, or other papers or documents which contain any data or information of the nature described above. Contractor further agrees that all records, files, drawings, documents or copies thereof relating to the Property, the Project Owner, and/or Manager's business shall remain the property of the Property, the Project Owner, and Manager

Each Security Officer must satisfy a Manager‐approved pre‐employment screening process which encompasses at least a 5‐panel drug screen, which may not be administered by Contractor employees assigned to the Property to which such Security Officer will be assigned; a criminal background check that includes up to five counties of residence for a period of not less than seven years; and a driving history check if candidate will operate Property or Contractor owned motor vehicles. No Security Officer candidate shall be employed or placed at the Property if: (A) there is one or more conviction of a serious crime (felony) within a seven year period, (B) a history of one or more misdemeanor convictions within a seven year period; (C) a positive result on the drug test, or two or more “dilute” results; or (D) if the Security Officer candidate will be driving a vehicle owned by either the Contractor or Manager as part of the candidate’s duties, there are one or more conviction(s) for DUI or reckless driving. Documentation indicating that each Security Officer candidate successfully completed the pre‐employment screening must be maintained by Contractor at the Property, as well as at the corporate office of Contractor. Contractor shall use commercially reasonable efforts to review regularly each Security Officer’s driving records during the term of the contract. Each Security Officer must be a U.S. resident or have legal alien employment status (INS Form I‐9).Each Security Officer must meet state requirements (as applicable) for a Private Security Guard. Each Security Officer must have a high school

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diploma (or equivalent) and a demonstrated ability to read, write and speak in English equivalent to a high school graduate. Contractor shall require that Security Officers carry any identification or license required by the state where the Property is located. Any expense, cost and fee associated with said identification shall be the sole responsibility of Contractor and/or the Security Officers. All Security Officers shall report for duty in a complete, neat, clean, pressed and non‐faded uniform as established by Manager. Security Officers shall not perform any of the duties without being in full uniform, unless previously approved by Manager. Security Officers and supervisors shall present a professional image and maintain their appearance in a manner consistent with standard public safety/law enforcement like appearance, consistent with a family environment. No earrings are allowed and only a necklace, a watch, and a wedding band can be worn while on‐duty. Hair must be neat and kept at collar length or shorter. If tattoos are present on arms; the guard must wear long sleeves. Tattoos should not be visible. Each Security Officer shall always maintain a cooperative and helpful attitude and promptly comply with any special instructions issued by Manager.

Contractor must retain current Security Director at the Property; he shall:

• Wear professional attire approved by Manager. A Security Director, whose 40 weekly hours comprise 20% or more of the total weekly Security Services, must wear the uniform as detailed herein.

• Primarily work a Tuesday‐Saturday schedule, with at least two evening shifts per week, and be shown on the regular weekly schedule. Any assistant security director shall not routinely have the same days off as the Security Director nor work the same shift as the Security Director unless approved by Manager.

• Be capable of delivering training, developing training assistants, and maintaining the training program in accordance with the requirements set forth in this scope.

• Prepare or perform the responsibilities of Contractor set forth in this scope and as mutually agreed by Manager and Contractor.

• Manager must approve in writing any assignment given to any Security Director that does not concern this property.

Contractor shall furnish each Security Officer with the following:

• To each full and part time Security Officer, a Manager‐approved uniform to include the following: badge, hat, tie, lightweight jacket, heavy jacket, shirts, pants, belt/utility belt (if utilized), and all appropriate patches/screens properly identifying the Security Officer.

• Contractor will maintain a sufficient supply of handcuffs so that each on duty Security Officer may be issued a set. Contractor may bill the cost of the handcuffs to the Property. Contractor will be responsible for maintaining the inventory of handcuffs in good condition, and will at its expense replace lost or damaged items.

• Except as provided herein, the cost of uniforms and required equipment shall be provided by the Contractor.

• Any optional equipment worn must be approved by Manager. Contractor shall neither provide nor permit the Security Officers to carry any firearm, or weapon of any nature, unless the

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Security Officer is a sworn full time law enforcement officer required by law to carry weapons, or if approved in writing by Manager.

Contractor shall provide Basic Training and all other trainings required by law to all Security Officers and all other trainings required by law. Manager may expand the basic training requirements from time to time during the Term of the Agreement, in its sole discretion. Training that requires certification may be acquired through a professionally recognized third party training system or an equivalent program developed by the Contractor. Contractor is responsible for maintaining all required certifications. Neither the Property nor the Security Officer shall bear any costs for training. Portions of the training program may be conducted within the agreed upon weekly security hours. This “on‐the‐job‐training” must be conducted at the Security Officers assigned Property and must not significantly impact the regular security coverage and patrol assignments of the Property. Any training that causes the Contractor to exceed the agreed upon weekly security hours will not be billed to Manager or the Property. New Security Officers must complete the required training within the first ninety (90) days of being assigned to the Property, unless a specific exception is agreed upon in writing by Manager. Upon request, Contractor shall provide Manager with access to training records, materials and certifications to demonstrate compliance. Manager reserves the right to review and approve all of Contractor’s training programs which approval shall not be reasonably withheld.

Contractor shall provide the following security services and personnel at the Property, in accordance with policies and procedures established from time to time by Manager:

• Monitor access to and enforce all access control procedures, including identification of personnel and control of entry and exits to the Property and vital areas including parking lot areas and parking garage in accordance with Manager's expectations.

• Use reasonable effort to deter persons observed attempting to gain or gaining unauthorized access to the Property.

• Enforce control over removal of any property and documents of Manager or tenants of the Property in accordance with established procedures.

• Respond to suspicious incidents whether discovered by Manager or Contractor and take reports on items reported stolen or damaged from the Property. When necessary and deemed appropriate, follow incidents to their conclusion, including court appearances.

• Cooperate with and assist law enforcement agencies in connection with federal, state or local crimes committed against Manager, any tenant or visitor to the Property or committed at the Property.

• Maintain the scene of a crime to protect possible evidence in accordance with established procedures.

• Respond to and provide assistance in security related situations (including fires, accidents, internal disorders and attempts of sabotage or other criminal acts), in conformance with common sense and good judgment and in keeping with Manager's policies and procedures.

• Respond to emergency health situations for the purpose of providing first‐aid, conducting CPR, or administering the use of an AED of which there are 3 on‐site that belong to the Manager.

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• Provide all administrative support to fulfill record keeping, reporting, scheduling, personnel, and managerial responsibilities.

• Assure additional responsibilities, even though not specifically enumerated herein, necessary to uphold and maintain a secure environment at Property as may be set forth in Contractor's special orders agreed to by Manager and Contractor.

• Monitor Security Cameras, review footage, and download footage for various entities.

Contractor shall ensure that Security Officers keep the security stations, such as the security office, clean, neat and professional in appearance. Manager shall consider reasonable requests by the Contractor to repair and maintain the cleanliness, aesthetics and professional look of the security office.

Contractor shall provide a sufficient vehicle for use by Contractor’s Security Officers on exterior patrols at the Property. Monthly cost for the vehicle should be included in the monthly cost estimated provided to the Manger. The Contractor shall bear the costs of vehicle leasing, insurance, fuel, oil, equipment and maintenance. In the event that Contractor‐provided vehicle cannot be used for regular routine patrols, Contractor shall provide a replacement vehicle, comparable in make and model to the regular patrol vehicle, and equipped with all Manager approved equipment within twenty‐four (24) hours.

Bicycle patrol is required by Manager. Manager owns 2 bicycles to be used by Contractor. Contractor shall ensure and verify that each of its Security Officers assigned to bike patrol is trained prior to assignment. Contractor shall be responsible for all repair and maintenance of the bike and bike patrol equipment due to the negligence of the Security Officers or Contractor.

Contractor shall be allowed to use and deploy Manager’s operational two‐way radio system to support the security services. Except as provided herein, Manager shall continue financial and administrative responsibility for the repair, maintenance, acquisition, licensing, installation, repair and maintenance of such equipment (radios, batteries, repeaters, chargers, holders, etc.). Contractor shall reimburse Manager for any damage incurred to any and all radio equipment when damage has been reasonably determined by Manager to be the result of Contractor’s or a Security Officer’s negligence. Contractor shall comply with all FCC, local, or state laws and regulations governing the operation of said system. Contractor is responsible for any radio equipment leased by Contractor. Equipment leased by Contractor may not be assigned to Manager.

Contractor shall provide all equipment necessary for day‐to‐day operation of the security office/public safety department at the Property. Such equipment is for Contractor’s exclusive use and is not intended for use by Manager or any of his representatives. Manager agrees to allow Contractor the use of Manager‐owned equipment for all work requested or required by Manager. Contractor shall be responsible for all long distance or other telephone related charges when calls are for the sole purpose of conducting Contractor business. Manager agrees to pay local, long distance and other telephone related charges where local, long distance and other telephone related charges are incurred in the performance of this scope.

Manager reserves the right to require the Contractor to utilize a time and attendance system.

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Contractor shall provide one computer for use by the Security Director at the Property. Contractor shall also provide a compatible laser, ink jet or bubble jet printer. Manager shall provide DSL or other high‐speed connection to Contractor’s computers. All computer and computer‐related hardware and software provided by Contractor shall remain the property of Contractor and may be removed by Contractor from the Property following expiration or sooner termination of the contract. However, all data, incidents reports, and other property specific information shall be provided to Manager in an electronic format readable by Manager upon Termination of Contract.

One computer shall be provided by Manager to be used for dispatch. Use of computer for personal reasons is strictly prohibited. Email and other computer files provided by the company are to be used for business purposes only. Management reserves the right to enter, search, and monitor the computer files or email of any employee, without advance notice, for business purposes such as investigating theft, disclosure of confidential business or proprietary information, or personal abuse of the system, or monitoring work flow or productivity. Software or other business information on the computer should not be copied or taken form the business premises without permission.

Contractor shall provide and maintain all equipment necessary to operate a Tourwatch system (or acceptable alternative).

Current / Minimum wage rate (per hour):

• Director ‐ $23.00 • Assistant Security Director ‐ $12.88 • Supervisor ‐ $10.40‐$10.55 • Officer ‐ $9.00‐$9.50

Current / Minimum weekly deployment of 797 hours

On New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, the applied rate per hour for on‐duty Security Officers shall be billed at one and one‐half times the regular wage rate.

Contractor shall not bill Manager for benefits or expenses unless previously approved, in writing, by Manager.

Paid time off shall be paid by Contractor and will not be billed separately to Manager except as agreed upon in writing. Manager shall only pay for the actual hours of service provided by the Security Officers who actually work during a scheduled shift. Contractor shall not bill the hours worked by salaried employees who cover or temporarily replace Security Officers on the schedule, as such replacement may occur from time to time.

Contractor shall provide health insurance, which is to be made available to all full time current Security Officers as single, single plus one, or family coverage. For Security Officers hired after the Transition Date, a 90‐day waiting period shall be in effect prior to coverage.

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Contractor shall submit invoices for the Services performed. All invoices shall be itemized to reflect each Security Officer’s position, hours worked, pay rate and bill rate. Property Manager shall pay Contractor undisputed amounts within thirty (30) days of receiving an invoice. In the event that Contractor fails to perform at the Property, Manager may provide Contractor with written notice of the non‐performance and request that Contractor cure the deficiency and provide a reasonable time period for the remediation. If Contractor fails to adequately cure the noticed deficiency within the time period set forth in the notice, Manager shall reduce the next due payment to Contractor in an amount that reasonably reflects the reduction in performance of the Security Services.

Manager shall have the right, upon seven (7) days notice to Contractor to cause a complete audit of all books, records, reports or other items of supporting documentation and data which result from this Agreement or are in support of billed costs; and Contractor shall make all such records, documents and data available for such examination at the Property or at a regional or corporate office of Manager. Manager shall have the right to copy and duplicate such information as Manager may require. Contractor shall maintain and preserve all such records for at least six (6) years after the expiration or earlier termination of the contract. If an audit reveals any overpayment by Manager for any audited period, Contractor shall: (a) if the amount of such overpayment is less than three percent (3%) of the correct billing amount, promptly remit to Manager the amount of the overpayment; or (b) if the amount of such overpayment is three percent (3%) or more of the correct billing amount, promptly remit to Manager the amount of the overpayment and promptly reimburse Manager for all reasonable out‐of‐pocket fees and expenses incurred by Manager in connection with the applicable audit, together with interest on any overpayment calculated at a rate of two percent (2%) over the Wall Street Journal prime rate, as published from time to time (the “Interest Rate”); or (c) if the amount of such overpayment is five percent (5%) or more of the correct billing amount, promptly remit to Manager one‐hundred and fifty percent (150%) of the amount of the overpayment and promptly reimburse Manager for all reasonable out‐of‐pocket fees and expenses incurred by Manager in connection with the applicable audit, together with interest on any overpayment calculated at the Interest Rate; or (d) if the amount of such overpayment is ten percent (10%) or more of the correct billing amount, promptly remit to Manager two‐hundred percent (200%) of the amount of the overpayment and promptly reimburse Manager for all reasonable out‐of‐pocket fees and expenses incurred by Manager in connection with the applicable audit, together with interest on any overpayment calculated at the Interest Rate. Contractor agrees that payment of any amount in excess of any overpayment, fees, expenses and interest required by this Section shall be paid as liquidated damages and not as a penalty. In the event of any change in Federal, State, or Municipal legislation, regulation, administrative ruling or collective bargaining contract affecting any change in work hours, pay rates, working conditions, taxes, health insurance, benefits, etc. contractor shall notify the manager in writing of the change in the rates to be charged manager and the effective date of said change which shall be computed on the prevailing hourly pay scale. In the event that government health care legislation mandates provision of health benefits to employees at the Property greater than agreed upon in this contract, then Contractor shall invoice center management for the direct cost associated with that program.

A daily and weekly schedule of security man‐hours and coverage based upon the needs of the Property shall be provided to Manager the week before commencement of said schedule. At the conclusion of

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each week Contractor shall provide a summary of hours to be billed for that week to Manager. Manager must initial his or her approval of said summary, and Contractor shall maintain a copy of approved weekly summary in the Property management file. The number of man hours, the schedule of work, and the number of Security Officers required may change following five (5) days notice to Contractor from Manager. Contractor shall provide up to 15% of additional coverage per week on 72 hours notice at the agreed upon bill rate. Contractor shall provide additional Security Officers for grand opening or special events on an “as needed” basis. Contractor must maintain 95% of Manager’s agreed upon staffing levels at all times. Contractor shall assure that the Property is staffed according to the approved work schedule and that any Security Officer shall not leave his or her assignment until properly relieved by another Security Officer employed by Contractor. Contractor shall supply the names of the Security Officers at the Property to Manager. Contractor agrees to hire Security Officers for the Property, and shall not routinely move Security Officers from location to location without written approval from Manager, including instances of promotion, transfer or formal job change. At no time shall any Security Officer be permitted to work more than 12 hours during any 24‐hour period. At no time shall any Security Officer be permitted to work more than 60 hours in any seven (7) day period.

INVITATION TO BID TO: PROSPECTIVE SECURITY ... Security Services.pdfAbout La Palmera: Located in...

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Transcript of INVITATION TO BID TO: PROSPECTIVE SECURITY ... Security Services.pdfAbout La Palmera: Located in...