HomeMy WebLinkAboutC-8458-1 - PSA for Security Guard Services90
pp PROFESSIONAL SERVICES AGREEMENT
WITH LYONS SECURITY SERVICE, INC. FOR
C> SECURITY GUARD SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 1 st day of April, 2017 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
LYONS SECURITY SERVICE, INC., a California corporation ("Consultant'), whose
address is 2582 N. Santiago Blvd., Orange, CA 92867, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Security Guard Services ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 28, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services underthis Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars
and 001100 ($60,000.00), without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior written
approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kathleen Guidice to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Recreation & Senior Services
Department. City's Recreation & Senior Services Director or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
Lyons Security Service, Inc. Page 3
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to Citythat it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
Lyons Security Service, Inc. Page 4
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Lyons Security Service, Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Laura Detweiler, Recreation & Senior Services Director
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kathleen E. Guidice
Lyons Security Service, Inc.
2582 N. Santiago Blvd.
Orange, CA 92887
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment underthis Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
Lyons Security Service, Inc. Page 8
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO 1 'S OFFICE
Date: 2
By:
Aaro C. Harp 03
torney
ATTEST:
Date:
By:
�44t�l-
Leilani I. Brown
City Clerk
PORNi
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: '9 • ZV6- la--
auta Detweiler
tion & Senior Services Director
CONSULTANT: Lyons Security Service,
Inc., a California corporation
Date: 3 g3
By:
Kathleen E. Guidice
Chief Executive Officer/ Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Lyons Security Service, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Lyons Security Service, Inc. Page A-1
SCOPE OF SERVICES
LYONS SECURITY SERVICE
The Recreation & Senior Services Department utilizes Security services for various rentals held at City
facilities. City shall use Lyons Security Service for any of the following duties:
Protect the safety of persons and properties on site.
• Respond to renter's day of event requests immediately.
• Interact with rental clients in a polite and professional manner.
• Prevent and minimize fire, theft, damage and trespassing on the property.
• Prohibit entry into security sites by anyone other than persons authorized to the premises.
• Report any unusual incidents or hazardous conditions.
• Maintain an electronic daily log for each shift, distribute to the Contractor and City staff.
• Complete rounds of the facility to ensure security measures are complete.
• Assistlescort visitors on/off the property if necessary.
• Inspect all floors/parking lots to ensure maintenance and security breaches have not occurred.
• Officers shall be responsible for all building and system keys in their possession and shall be
accountable for the whereabouts of keys at all time.
• Be familiar and implement emergency procedures when necessary.
• Officers will provide foot patrols at each site, documenting all activity.
• Officers will be in fully Lyons -approved uniforms from the start of their shift to the end.
• Officers will be able to communicate clear English
• As the duties outlined above are general descriptions of work for the security officers, the City of Newport
Beach may see other requirements the officers shall maintain and Contractor will adjust accordingly.
• Contractor will ensure that officers provide exceptional service through checks and balances of our Quality
Assurance Program. Quality assurance inspections will be performed in order to ensure the optimum
performance of guard force personnel and adherence to all contractual requirements.
• The Lyons inspection system encompasses both scheduled and unscheduled inspections, comprised of
daily, weekly, and quarterly inspections. Deficiencies will be reported to the corporate office immediately.
Accordingly, subsequent corrective action shall be devised and immediately implemented.
• Provide a project manager, who shall coordinate all phases of security services.
• The City owns and operates facilities that host rental events. Pursuant to the Newport Beach Municipal
Code a security presence is required at any rental event in which alcohol is served. These events include,
but are not limited to: weddings, receptions, fundraisers, conferences, holiday parties, birth day parties,
celebrations of life and other social gatherings. If alcohol is served at any of these events, guests under
the age of twenty-one (21) years old are prohibited from serving or being served alcohol. Security guards
assigned by Contractor shall ensure that no alcohol leaves the premises of an event, unless specifically
permitted by the City.
• Security guards assigned by Contractor shall have the authority to enforce all City imposed rules and
regulations pertaining to facility rentals by asking guests for compliance. In the event there continues to be
a lack of compliance, security guards shall contact the Newport Beach Police Department to address
situations that cannot be handled.
Quality Assurance Program
Scheduled and Unscheduled Inspections
Scope of Inspection System
Quality assurance inspections will be performed in order to ensure the optimum performance of guard force
personnel and adherence to all contractual requirements.
The Lyons inspection system encompasses both scheduled and unscheduled inspections, comprised of shift
musters, post inspections, and daily, weekly, and quarterly inspections.
Deficiencies will be reported to the regional and corporate offices immediately. Accordingly, subsequent
corrective action shall be devised and immediately implemented.
Inspection reports will be maintained as a permanent record and shall include a detailed account of all
pertinent information relating to each detected deficiency and subsequent corrective action.
• The Supervisors will conduct shift musters prior to guards going on duty. During
shifts, guard force personnel will be assigned equipment, issued orders, receive
training, and inspected for personal appearance.
• The Supervisors or the designee to insure that all personnel have properly entered
the network will monitor the communications network during each shift
Post Inspections Each week, the Project Manager will provide the Supervisors with a detailed
program identifying scheduled and unscheduled inspections to be performed. These
inspections shall be performed utilizing the required checklists and established
filing procedures.
• The Supervisor will conduct a detailed inspection of each post to ensure that guards
are performing their duties in accordance with the general and post orders and to
ascertain the functionality of equipment.
• The Supervisor will inspect posts and create post inspection reports. Inspection
reports contain, but are not limited to:
1. Attitude and personal hygiene
2. Condition of assigned equipment
3. Condition of uniforms
4. Knowledge of general and post orders
5. Knowledge of revised and/or special orders
6. Condition and functionality of the post (e.g., radios and equipment)
7. Accuracy and completeness of post logs
Daily The Project Manager and Supervisors will monitor daily operational elements of
Inspections the program, including a review of posts, activities, incidents, and log reports.
• Each month, the Project Manager and Supervisors will review the daily inspection
reports for the previous month and reward those individuals selected as exemplary
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 7 2076
Quality Assurance Program
Weekly
Post inspections by the Supervisors will be performed weekly in order to ensure
Inspections
that guards are performing duties in accordance with the general and post orders
1.
and to ensure that all equipment is in proper, functional order. Each week, the
Project Manager and
Supervisors will conduct one scheduled and one unscheduled detailed inspection of
each post.
Supervisors
• The Project Manager will personally review the performance of the Supervisors
2.
weekly.
Supervisors
• Each week, the Project Manager and Supervisors will review the training needs and
activities of the guard force as well as any security -related problems or incidents.
• The Supervisors will conduct a weekly review of key control, including an
3.
inspection of all keys and combinations.
Supervisors
• The Project Manager will also conduct weekly staff meetings with the Supervisors
for the purpose of resolving conflicts and maintaining effective lines of
communication. During the staff meetings, the Project Manager and Supervisors
4.
will evaluate performance improvement suggestions submitted by guard force
Supervisors
personnel.
Monthly
Each month, the Project Manager will personally review key control, preparedness
Inspections
for emergency response and inspect all guard force equipment.
Quarterly
Members of the Lyons managerial staff will conduct a detailed inspection of the
Inspections
guard force program each quarter. Each inspection shall include, but is not limited
to, the following:
1. Performance evaluation of the Supervisors.
6.
2. A review of each post operation, to include general and post orders, familiarity
Supervisors
of personnel with post functions and emergency procedures, and operational expertise
with special and emergency equipment.
3. A random inspection of guard force personnel to monitor the condition of
uniforms and physical appearance, and to determine the levels of alertness, record
keeping, security knowledge, job familiarity, morale, and attitude.
4. A detailed review with the Client point contact of noted deficiencies, problems,
personnel issues, improvements, and suggested modifications.
5. A review of both operational and administrative records.
6. A review of explosive detection and/or x-ray inspection records when
necessary.
7. A review of surveillance detection operations and records.
As Needed
Unscheduled inspections will be used at any time during the course of the contract
to ensure the optimum performance of guard force personnel and compliance with
all contractual requirements
II. Scheduled/Announced Inspections
TASK
DESCRIPTION
INSPECTOR
FREQUENCY
1.
Training
Project Manager and
Once per week
Supervisors
2.
Post Inspection:
Supervisors
Once per shift
Uniforms and Hygiene
3.
Post Inspection:
Supervisors
Once per shift
Condition of Equipment
4.
Post Inspection:
Supervisors
Once per shift
Knowled e of Orders
5.
Post Inspection:
Supervisors
Once per shift
Standards of Conduct
6.
Post Inspection:
Supervisors
Once per shift
Condition of Post
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
TASK
DESCRIPTION
INSPECTOR
FREQUENCY
7.
Post Inspection:
Accuracy of Logs and
Reports
Supervisors
Once per shift
8.
Ent /Exit Control
Supervisors
Once per shift
9.
Building Perimeters
Supervisors
Once per shift
10.
Secured Gates/Buildings
Supervisors
Once per shift
11.
Guard Force Vehicles
Supervisors
One per shift and one per week
III. Unscheduled/Unannounced Inspections
TASK
DESCRIPTION
INSPECTOR
FRE UENCY
1.
Supervisors
Project Manager
One per week
2.
Post Inspection:
Uniforms and Hygiene
Supervisors
Once per shift
3.
Post Inspection:
Condition of Equipment
Supervisors
Once per shift
4.
Post Inspection:
Knowledge of Orders
Supervisors
Once per shift
5.
Post Inspection:
Standards of Conduct
Supervisors
Once per shift
6.
Post Inspection:
Condition of Post
Supervisors
Once per shift
7.
Post Inspection:
Accuracy of Logs and
Reports
Supervisors
Once per shift
8.
En /Exit Control
Supervisors
Once per shift
9.
Building Perimeters
Supervisors
Once per shift
10.
Review Station Logs and
Reports
Supervisors
Once per shift
11.
Secured Gates/Buildings
Supervisors
Once per shift
12.
Monitor Alarms
Supervisors
Once per shift
13.
Keys and Combinations
Guard Supervisor
Proect Mana er
Weekly
Monthly
14.
Preparedness for Emergency
Response
Project Manager
Monthly
15.
Alarm Response
Project Manager
As needed
16.
Escorts if utilized
Project Manager
As needed
IV. Summary of Scheduled and Unscheduled Inspections
The following activities will occur on a scheduled basis
1. Conduct a review of shift change to ensure that it occurs in accordance with written guidance and no
posts are left unmanned to ensure compliance with written procedures and complete staffing of
posts.
2. Ensure that posts are properly staffed.
3. Confirm Guard fitness and ability to work.
4. Confirm the presence and functionality of required post equipment.
5. Confirm Guard receipt of new instructions/requirements concerning post duties and ensure the
implementation of previous instructions.
7. Interview Guards to determine knowledge of post and general orders.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
8. Inspect the post logs and records to ensure the timely recording of entries
The aforementioned activities may also be inspected on an unscheduled basis, if scheduled inspections
revealed the existence of a particular problem with a specific post, person, or activity, unscheduled
inspections will take place to correct the problem.
The following inspection events and activities will occur on a regular, unscheduled basis:
1. Ensure that posts are properly manned
2. Confirm that Guards are alert and are knowledgeable of their duties
3. Advise Guards of new information that was not available at the beginning of the shift
4. Check that Guards have all required equipment and equipment is operational
5. Check that scheduled inspections are conducted.
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Quality Insurance Program, Updated July 12016
Quality Assurance Program
Identifying and Correcting Deficiencies
General
Identifying and correcting deficiencies is the primary objective of the Lyons quality assurance inspection system.
The inspection system consists of five critical components:
1. Inspectors—attuned to areas of contract compliance criticality
2. Schedules—regular inspection timetables
3. Elements—itemized list of inspection agenda
4. Procedures—the approach and implementation of the inspection
5. Corrective action —consistent actions enforced to correct detected deficiencies.
it. Inspectors
The inspection staff and corresponding chain of command are as follows:
Supervisors
Project Manager
Director of Operations
President/CEO
The corporate office is ultimately responsibility for quality assurance. However, completion of all
operational inspections will be the responsibility of the Project Manager, Guard and Supervisors.
Lyons holds its operational management staff accountable as follows:
Project
Responsible for the overall quality assurance program, including development and
Manager
implementation.
• Reviews all related documentation within 24 hours after completion of each
inspection.
• Ensures compliance and completion of established inspection schedules.
• Conducts weekly and monthly inspections of various elements of the guard force
operations.
Guard
Monitors all elements of the quality assurance program.
Supervisor
Ensures that corrective action is implemented expeditiously.
• Conducts weekly inspections of various other elements of the guard force
operations.
• Executes the quality assurance inspections.
Inspects guard force personnel at their assigned post during a designated shift.
III. Schedules
Frequent inspections provide a means for identifying and subsequently correcting performance deficiencies
before attaining unacceptable levels. Inspection intervals are as follows:
Hourly Supervisors will perform radio checks every hour to ensure radio access to guard force
Inspections personnel and proper use of the communications net.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
Shift
The Project Manager and/or Supervisors will conduct a shift before Guards commence
Inspections
duty assignments. During shift review, guard force personnel will be assigned post
•
equipment, issued orders, provided training, and inspected for personal appearance,
•
including uniform and hygiene.
•
Supervisors will monitor the communications net during each shift changeover to
•
ensure that oncoming guard force personnel have properly entered the net.
•
The oncoming Guard Supervisor will inspect all vehicles at the beginning of each
•
shift. Vehicle inspections will include safety and lighting equipment, fluid levels, and
•
vehicle service records.
•
The Project Manager and/or Supervisors will conduct a detailed inspection of each
post at least twice per shift during daylight hours and three times per shift during night
hours. Post inspections will be performed in order to ensure that Guards are performing
duties in accordance with the general and post orders, and to ensure that all equipment
is in proper, functional order.
Daily
The Project Manager and Supervisors will monitor all operational elements of the
Inspections
guard force operations to ensure full compliance with all contractual requirements.
Weekly
The Project Manager will assess the performance of the Supervisors each week to
Inspections
ensure compliance with contractual specifications and Lyons performance
requirements.
•
Post inspections by the Supervisors will be performed weekly in order to ensure that
Guards are performing duties in accordance with the general and post orders and to
ensure that all equipment is in proper, functional order. Each week, the Supervisors
will conduct one scheduled and one unscheduled detailed inspection of each post.
Shifts to be inspected by the Supervisors during these weekly inspections will be
alternated each week in order to ensure that all posts during all shifts are reviewed.
•
The Project Manager, or Supervisors will assess the training needs and activities of the
guard force.
•
The Supervisors will inspect all keys and combinations.
Monthly
The Project Manager will inspect guard force equipment, including an inventory
Inspections
account of all communications equipment and post furnishings.
•
The Project Manager will review key control and preparedness for emergency
Quarterly Members of the Lyons corporate staff or designees will conduct one detailed
Inspections inspection approximately once each calendar quarter of all aspects of the guard force
program.
As Needed Unscheduled inspections will be used at any time during the course of the contract to
ensure optimum performance of the guard force personnel and compliance of all
contractual requirements.
IV. Elements
Each operational element of the guard force program will be subject to review and inspection. Operational
elements include, but are not limited to, the following:
Personnel
Post qualifications
•
Performance levels
•
Knowledge of post and general orders
•
Personal appearance including uniform and hygiene
•
Standards of conduct
•
Training needs.
Training
Basic Training
•
Annual Recertification Training
•
Surveillance Detection Training (when applicable)
•
Explosives/X-ray Training (when applicable)
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Quality Assurance Program
• Chemical and Biological Countermeasures Training (when applicable)
• Remedial Training
Posts Post orders, circulars and security bulletins
• Entry/exit control
• Logs and reports
• Keys and combinations
• Equipment
Preparedness for emergency response.
Property and Lyons-Fumished Property
Equipment Client -Furnished Property
Procedures Lyons Standard Operating Procedures
• Security procedures
• Client's rules and regulations
Applicable local laws.
V. Procedures
Upon contract award, members of the corporate staff, the Project Manager or Supervisors will conduct a
review of each post location. Inspection procedures tailored to the specific contractual requirements for
each post will then be developed.
All quality assurance inspections, regardless of location and/or post, will include the following basic
components:
Observations Observations of guard force personnel in the performance of assigned duties
provide the primary means for assessing performance.
Questions
Questions are designed by management personnel to gauge knowledge of:
1. Assigned duties
2. Post and general orders
3. Standards of conduct
4. Lyons -furnished property
5. Client-fumished property
6. Client rules and regulations
7 Guard force policies and procedures.
Documentation
All inspections will be documented using prescribed reports and checklists.
'
If deficiencies are detected, a report will be written at the time of the incident, or
if minor, summarized on the daily log.
•
Subsequent corrective actions will also be documented.
•
The inspecting employee will prepare the inspection reports.
•
Inspectors are trained to detail their observations, as complete and accurate
inspection reports and checklists are critical to the success of the quality
assurance inspection system.
•
Language used in inspection documentation will be clear and specific.
•
All inspection documentation will be reviewed by the Project Manager or
Supervisors within 24 hours after completion of each inspection in order to:
1. Identify potential operational deficiencies
2. Evaluate performance levels of guard force personnel
3. Identify performance issues to be addressed with remedial training.
Feedback
Prompt feedback of results is vital to the success of the quality assurance
program.
•
Feedback of positive results motivates employees and promotes individual
pride.
•
Expedient feedback of negative results ensures that deficiencies are addressed
before the guard force mission is detrimentally affected.
Lyons Security Service, Inc.
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Quality Assurance Program
Corrective Corrective action, if necessary, will be developed and implemented as
Action expeditiously as possible.
• For example, should the Guard Supervisor inspect a post and discover it vacant,
he/she will immediately implement corrective action as follows:
L Immediately obtain a replacement guard for the post
2. Locate and relieve the missing Guard
3. Prepare an incident report and UNSAT inspection report
4. Obtain additional information and/or statements from witnesses
5. Determine and implement disciplinary action.
• If corrective action cannot be implemented immediately, the Project Manager
will be notified immediately and a thorough investigation conducted to
determine the appropriate course of action.
VI. Corrective Action
If deficiencies are detected, a prompt evaluation will be made by the inspecting operational
management/supervisory personnel to determine the appropriate course of corrective action. When
possible, corrective action will be developed and implemented at the time of the inspection.
Common areas of deficient performance and the typical corrective action used are as follows:
Personnel
For deficiencies originating from sub -par performance or work habits, the
Performance
operational managemendsupervisory personnel will refer to the Lyons personnel
and/or
management policies
Work Habits
Depending on the nature, severity, and frequency of the offense, any of the
following courses of disciplinary action may be utilized:
I. Verbal counseling
2. Written warning
3. Probation
4. Suspension
5. Termination.
Training If determined by the inspecting operational management/supervisory personnel
that performance deficiencies are due to inadequate training, remedial training
will be conducted at no additional cost to the Client.
Unforeseen Should deficiencies be due to circumstances beyond Lyons control, it will be
Circumstances recorded as a discrepancy for the Client contact and the Project Manager to seek
immediate resolution, as necessary.
• If corrective action requires assistance from the Client, the Project Manager will
submit a written report to the Client contact and forward a copy to the Lyons
corporate office. The Project Manager and Client contact will develop a suitable
plan of action while coordinating the appropriate agencies.
Upon detection of a deficiency, the Project Manager will be responsible for monitoring the development and
subsequent implementation of corrective action. The Project Manager will also be responsible for the distribution of
related documentation, establishing a tracking file, defining target dates and coordinating training, if necessary. Each
month, the Project Manager will submit a monthly summary describing the status of each deficiency and associated
corrective action to the corporate head of operations.
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Quality Insurance Program, UpdatedJuly 12016
Quality Assurance Program
Disciplinary & Corrective Actions
General
It is the responsibility of all Lyons supervisory and management personnel to ensure full compliance of all
contractual requirements and Lyons policies and procedures. Under the guidance of this procedure, the Regional
Director, Project Manager and Supervisor(s) are ultimately responsible for administering the disciplinary process.
The process involves disciplinary and/or corrective actions that are progressive, with increasing severity for each
offense.
The Project Manager reports all violations of contractual requirements or company policies and procedures
immediately to Lyons Regional Director. Subsequent disciplinary action is expedited to ensure violations are
promptly addressed.
Depending on the nature and severity of the infraction, disciplinary courses of action generally include:
• Verbal counseling
• Written warning
• Probation
Suspension
• Termination
• Any combination of the above.
Suspensions and/or terminations will be administered in accordance with Lyons policy regarding suspensions and
terminations. However, gross violations may be cause for immediate suspension or termination. Guidelines on the
use of these disciplinary actions, which are for this contract, are found below.
II. Verbal Counseling
Verbal counseling is generally used to address first time offenses of minor violations and may only be used when the
Project Manager believes the infraction can and will be resolved through counseling. All verbal counseling sessions
will be documented utilizing the notes taken by the Project Manager during each session. The procedure for verbal
counseling follows:
WHO
ACTION TAKEN
Employee
Commits a minor violation.
Project Manager
Prior to counseling, obtains a copy of the employee's disciplinary history for
reference.
Project Manager
Begins the counseling session by informing the employee that they are being
verbally counseled for violation of company policies and procedures or
contractual requirements.
Project Manager
Identifies the specific policy, procedure, or requirement affected and describes in
detail the nature of the infraction, including names, dates, times, locations, and
actions.
Employee
Is given the opportunity to provide a statement relative to the infraction.
Project Manager
Reviews previous disciplinary actions with the employee.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
Project Manager
Informs employee that further infractions of company policies and procedures or
Employee
contractual requirements will result in further disciplinary action up to and
including discharge.
Project Manager
Reviews the verbal counseling session with the employee. Signs the
documentation.
Employee
Signs verbal counseling documentation. Should the employee decline to sign, the
Project Manager
Project Manager indicates the employee has refused to sign by writing
"Employee Refuses to Sign."
Project Manager
Distributes copies of the verbal counseling session documentation as follows:
Project Manager
* Original is retained for the employee's on-site personnel file
* One copy is forwarded to the corporate office for retention in the employee's
file
* One copy is given to the employee.
III. Written Warning
Written warnings are used to address continued occurrences of minor violations. However, a written warning
may be utilized to address first offenses of some minor violations.
WHO
ACTION TAKEN
Employee
Commits a minor violation within 30 days after verbal counseling or commits a
minor violation that warrants a written warning for the first offense.
Project Manager
Issues a written warning utilizing the Notice of Employee Reprimand Form.
With the exception of the Employee Statement section, completes the written
warning in advance of the disciplinary session.
Project Manager
When issuing the written warning, informs the employee that he/she is being
issued a written warning for violation, or repeated violations, of company
policies and procedures or contractual requirements.
Project Manager
Reads the completed Details oflnfraction section, which describes in detail the
nature of the infraction and the specific policy, procedure, or requirement
affected. As with verbal counseling, when providing details of the infraction,
the Project Manager identifies specific names, dates, times, locations, and
actions.
Employee
Is given the opportunity to provide a statement relative to the infraction. The
employee is permitted to record his/her statement in the Employee Statement
section or to submit a more detailed statement on additional pages.
Project Manager
Reviews the completed Past Reprimands section with the employee.
Project Manager
Reads the completed Further Action section to the employee. This section
simply states that further infractions of company policies and procedures or
contractual requirements will result in further disciplinary action up to and
including discharge.
Project Manager
Signs the written warning.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
Employee
Signs the written warning. Should the employee decline to sign, the Project
Employee
Manager indicates that the employee has refused to sign by writing "Employee
Refuses to Sign" in the employee's signature block.
Project Manager
Distributes copies of the written warning as follows:
Project Manager
* Original is retained for the employee's on-site personnel file
* One copy forwarded to the corporate office for retention in the employee's
file
Project Manager
* One copy is given to the employee.
IV. Probation
Probation is generally the next step in the disciplinary process to address further occurrences of minor
violations and some major violations. However, probation is also the first disciplinary step to address most
major violations. The procedure for placing an employee on probation is as follows:
WHO
ACTION TAKEN
Employee
Commits a minor violation within 30 days after issuance of a written warning or
commits a major violation.
Project Manager
Notifies the Director of Operations.
Project Manager
Reviews the employee's disciplinary history and determines a suitable
probationary period. Typically, probationary periods may range from seven to
thirty days.
Project Manager
Initiates probation by using the `Notice of Employee Reprimand. " With the
exception of the Employee Statement section, the Project Manager in advance of a
disciplinary meeting completes probation notices.
Project Manager
When issuing the probation notice, informs the employee that he/she is being
placed on probation for violation, or repeated violations, of company policies and
procedures or contractual requirements.
Project Manager
Specifies the probation period to the employee.
Project Manager
Reads the completed Details oflnfraction section, which describes in detail the
recent infraction and the specific policy, procedure, or requirement affected. As
with a written warning, when providing details of the infraction, the Project
Manager identifies specific names, dates, times, locations, and actions.
Employee
Is given the opportunity to provide a statement relative to the infraction. The
employee is permitted to record his/her statement in the Employee Statement
section or to submit a more detailed statement on additional pages.
Project Manager
Reviews the completed Past Reprimands section with the employee.
Project Manager
Reads the Further Action section to the employee. This section simply states that
further infractions of company policies and procedures or contractual requirements
will result in further disciplinary action up to and including discharge.
Director of
Signs the probation notice.
Operations/ Project
Manager
Lyons Security Service, Inc.
Qualiry Insurance Program, Updated July 12016
Quality Assurance Program
Employee
Signs the probation notice. Should the employee decline to sign, the Project
Employee
Manager indicates that the employee has refused to sign by writing "Employee
Refuses to Sign" in the employee's signature block.
Project Manager
Distributes copies of the probation notice as follows:
Project Manager
e Original is retained for the employee's Office personnel file
* One copy forwarded to the corporate office for retention in the employee's file
Project Manager
* One copy is given to the employee.
Employee
Returns to work.
Project Manager
Monitors the employee's job performance during the probationary period.
Project Manager
Conducts an interim review session with the employee midway through probation.
Project Manager
Upon completion of probation, reviews the employee's performance with the
employee. At that time, determines to either conclude or extend probation, or seek
Project Manager
further action.
Project Manager
Commends employee for his/her performance improvement and concludes
probation, if employee's performance level has improved and deemed acceptable.
Reminds employee that further violations could result in further disciplinary
action up to and including discharge.
Or, extends probation or seeks further disciplinary action if the employee's
performance level has not improved or has further deteriorated. In this case, the
employee is again notified of the intended disciplinary action with a "Notice of
Employee Reprimand. "
V. Suspension
Suspension is the next step in the disciplinary process and is used to address further occurrences of minor
and/or major violations. However, suspension may be the first step in the disciplinary process to address
some major violations that are so severe in nature that suspension for the first offense is warranted.
Suspension is defined as non -compensated time off during regularly scheduled work -days and typically
ranges from one to five days. The procedure for placing an employee on suspension is as follows:
WHO
ACTION TAKEN
Employee
Commits repeated infractions of minor or major violations, or in some cases
commits his/her first infraction of severe major violations.
Project Manager
Notifies the Regional Director.
Project Manager
Reviews the employee's disciplinary history and determines the length of
suspension.
Project Manager
Initiates suspension by using the "Notice of Employee Reprimand. " With the
exception of the Employee Statement section, suspension notices are completed
in advance of a disciplinary meeting.
Project Manager
When issuing the suspension notice, informs the employee that he/she is being
placed on suspension for violation, or repeated violations, of company policies
and procedures or contractual requirements.
Project Manager
Specifies the suspension period to the employee.
Lyons Security Service, Inc.
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Quality Assurance Program
Project Manager
Reads the completed Details oflnfraction section, which describes in detail the
Employee
recent infraction and the specific policy, procedure, or requirement affected. As
with a probation notice, when providing details of the infraction, the Project
Project Manager
Manager identifies specific names, dates, times, locations, and actions.
Employee
Is given the opportunity to provide a statement relative to the infraction. The
Director of Operations
employee is permitted to record his/her statement in the Employee Statement
section or to submit a more detailed statement on additional pages.
Project Manager
Reviews the completed Past Reprimands section with the employee.
Project Manager
Reads the Further Action section to the employee. This section simply states that
Presidem/CEO
further infractions of company policies and procedures or contractual
requirements will result in further disciplinary action up to and including
Director of Human
discharge.
Regional Director/
Signs the suspension notice.
Project Manager
Receives the approved termination notice and reviews for completeness and
Employee
Signs the suspension notice. Should the employee decline to sign, the Project
Manager indicates that the employee has refused to sign by writing "Employee
Refuses to Sign" in the employee's signature block.
Project Manager
Distributes copies of the suspension notice as follows:
* Original is retained for the employee's personnel file
* One copy is given to the employee.
VI. Termination
Termination is the final step in the disciplinary process and is used to address further occurrences of minor
and/or major violations. However, termination may be used for first time offenses of major violations that are
so severe in nature that termination is warranted.
WHO
ACTION TAKEN
Employee
Commits repeated infractions of minor or major violations, or in some case
commits his/her first infraction of severe major violations.
Project Manager
Promptly notifies the Regional Director.
Project Manager
Promptly notifies the Director of Operations at the Lyons Corporate Office.
Director of Operations
Requests an "Employee Termination Notice" from the Director of Human
Resources.
Director of Human
Prepares an "Employee Termination Notice" and forwards it through the
Resources
President/CEO for final approval.
Presidem/CEO
Initials the Corporate Office Use Only block and returns to the Director of
Human Resources.
Director of Human
Forwards the completed "Employee Termination Notice" to the Project Manager.
Resources
Project Manager
Receives the approved termination notice and reviews for completeness and
accuracy.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
Project Manager
Schedules a meeting with the employee. Informs the employee that he/she is
Second
being terminated for willful misconduct due to violation, or repeated violations,
Fourth
of company policies and procedures or contractual requirements.
Project Manager
Reads the completed Details oflnfraction section, which describes in details the
Offense
infraction and the specific policy, procedure, or requirement affected. As with a
Offense
suspension notice, when providing details of the infraction, the Project Manager
Absent without authorization
identifies specific names, dates, times, locations, and actions.
Project Manager
Advises the employee of any remaining pay, including severance pay.
Project Manager
Distributes copies of the termination notice as follows:
for one full shift.
* Original is retained for the employee's on-site personnel file
* One copy is forwarded to the corporate office for retention in the employee's
file
Tardiness.
* One copy is given to the employee.
VII. Minor Violations
Minor violations are infractions of a less serious nature that have little effect on the performance of other
guard force personnel, consulate personnel, the general public, or the overall guard force mission. Likewise,
minor violations are not considered to be a safety risk to other guard force personnel, consulate personnel, or
the general public. Tardiness is a typical example of a minor violation. Minor violations generally warrant a
verbal or written warning prior to probation. However, the circumstances surrounding a violation may make a
"typical" minor violation more detrimental and thus escalate the disciplinary process. In determining the
seriousness of a violation, it must be determined whether the act was due to carelessness or willful
misconduct.
VIII. Major Violations
Major violations are infractions of a more serious nature. Major violations represent a significant risk to the
safety and/or performance of other guard force personnel, Client personnel, the general public, or the overall
guard force mission. They include any deliberate or willful infraction of rules or regulations and may
preclude continued employment. Committing a felony, falsifying documents, sexual harassment, and being
under the influence of drugs and/or alcohol are typical examples of major violations.
IX. Violations
As advised by legal counsel, Lyons proposes to incorporate all Violations into the employment contracts for
all guard force personnel. Violations are as follows:
Violation
First
Second
Third
Fourth
Fifth
Offense
Offense
Offense
Offense
Offense
Absent without authorization
Written
Probation
Suspension
Termination
for one full shift.
Warning
Tardiness.
Verbal
Written
Probation
Suspension
Termination
Counseling
Warning
Failure to notify immediate
Written
Probation
Suspension
Termination
superior of intended absence at
Warning
least four hours before the start
of the shift.
Lyons Security Service, Inc.
Quality Insurance Program, UpdaledJuly 12016
Quality Assurance Program
Violation
First
Second
Third
Fourth
Fifth
Offense
Offense
Offense
Offense
Offense
Failing to report to work
Termination
without excuse or approval
from management for three
consecutive days.
Deviation from scheduled
Written
Probation
Suspension
Termination
hours, including starting time,
Warning
quitting time, rest and meal
periods.
Stealing, vandalizing, or
Termination/
committing any other criminal
Notification
act.
to Local Law
Enforcement
Defacing company or Client
Termination/
property.
Notification
to Local Law
Enforcement
Committing a felony or
Termination/
misdemeanor.
Notification
to Local Law
Enforcement
Engaging in subversive
Termination/
activities.
Notification
to Local Law
Enforcement
Interfering with another
Verbal
Written
Probation
Suspension
Termination
employee's job performance.
Warning
Warning
Participating in disorderly or
Suspension
Termination
immoral conduct, using
abusive or offensive language,
quarreling, fighting, or
intimidating by word or action.
Engaging in any act that
Suspension
Termination
creates an unsafe environment
for other company employees,
Client personnel, or the general
public.
Using unnecessary force in the
Suspension
Termination
performance of duties.
Falsifying, unlawfully
Termination
concealing, removing,
mutilating, or destroying
official documents, or records.
Willfully omitting material
Termination
facts from official documents
or records.
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Quality Insurance Program, Updated July 12016
Quality Assurance Program
Violation
First
Second
Third
Fourth
Fifth
Offense
Offense
Offense
Offense
Offense
Improperly using official
Suspension
Termination
authority or credentials.
Failing to cooperate in
Termination
investigations.
Disclosing official information.
Termination
Participating in disruptive
Termination
activities that interfere with the
normal operations of the
Client.
Failure to demonstrate proper
Termination
respect to Client employees,
Lyons management, visitors, or
the general public.
Engaging in reckless or
Written
Probation
Suspension
Termination
demeaning discussions
Waming
concerning internal matters,
policies, grievances, legal
issues, or individuals involved
with the Client.
Soliciting favorable or
Written
Probation
Suspension
Termination
preferential treatment.
Warning
Violating any rules or
Written
Probation
Suspension
Termination
regulations of Client -controlled
Warning
property.
Making false statements.
Termination
Discriminating against other
Termination
contract employees, Client
personnel, or the general
public.
Sexually harassing other
Termination
contract employees, Client
personnel, or the general
public.
Gambling, unlawful wagering,
Termination
or promoting gambling at the
corporate office or Client -
controlled facilities.
Possessing, selling, consuming,
Termination
or being under the influence of
intoxicants or dmgs at the
Client -controlled facilities.
Consuming any alcoholic
Suspension
Termination
substances eight hours prior to
reporting to duty.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
Quality Assurance Program
Violation
First
Second
Third
Fourth
Fifth
Offense
Offense
Offense
Offense
Offense
Consuming narcotics or other
Suspension
Termination
controlled substances without a
prescription from a licensed
physician prior to reporting to
duty or while on duty at the
Branch office or Client -
controlled facilities.
Failing to present
Verbal
Written
Probation
Suspension
Termination
documentation from a doctor
Warning
Warning
for use of prescription
medicine at Lyons' office or
Client -controlled facilities.
Accepting relief by an
Suspension
Termination
individual known or suspected
to be under the influence of
alcohol or drugs.
Failing to submit to a blood or
Termination
urine examination when
requested by superiors.
Failing a blood or urine
Termination
examination.
Leaving assigned post before
Termination
being properly relieved.
Failing to follow Post Orders.
Probation
Suspension
Termination
Insubordination or willful
Termination
disobedience of a superior's
order.
Delaying or failing to carry out
Verbal
Written
Probation
Suspension
Termination
assigned tasks.
Warning
Warning
Sleeping while on duty.
Termination
Conducting personal affairs
Verbal
Written
Probation
Suspension
Termination
while on duty.
Counseling
Warning
Disturbing papers on desks,
Written
Probation
Suspension
Termination
opening desk drawers or
Warning
cabinets, or using Client
telephones.
Using Client equipment
Written
Probation
Suspension
Termination
without authority.
Warning
Failing to complete an annual
Probation
Suspension
Termination
examination by a licensed
physician and/or submitting the
completed required forms.
Failing a physical examination
Termination
by a licensed physician.
Lyons Security Service, Inc.
Quality Insurance Program, UpdatedJaly 12016
Quality Assurance Program
Violation
First
Second
Third
Fourth
Fifth
Offense
Offense
Offense
Offense
Offense
Conduct unbecoming of a
Suspension
Termination
security guard or conduct
prejudicial to good order while
on or off duty.
Lyons Security Service, Inc.
Quality Insurance Program, Updated July 12016
EXHIBIT B
SCHEDULE OF BILLING RATES
Lyons Security Service, Inc. Page B-1
BILLING RATES
LYONS SECURITY SERVICES will provide
Event Staffing
Shifts to be assigned as facilities are rented
Shifts may be altered in a way that best fits the City's request. If an earlier or later start time is
needed, Lyons will shift the schedule according to the needs.
Price per security guard per hour: $19.50 per hour
Overtime: (to be approved by Recreation & Senior Services staff) $29.25 per hour
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Lyons Security Service, Inc. Page C-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Lyons Security Service, Inc. Page C-2
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Lyons Security Service, Inc. Page C-3