Att L - Scope of Work.docx

Attachment L Scope of Work

1. Entities Eligible to Utilize Contract A. State Agency As defined in IC 4-13-1, “state agency” means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive, including the administrative department of state government.

B. K-12Indiana The Contractor shall extend the pricing and services under this Contract to all K-12 entities and work with Educational Service Centers (ESC) to provide access and the means to make purchases through the K-12Indiana purchasing portal which can be accessed at K12Indiana.com.

C. LibraryIndiana The Contractor shall extend the pricing and services under this Contract to all Indiana Libraries and work with the State to provide access and the means to make purchases through the LibraryIndiana purchasing portal which can be accessed at LibraryIndiana.com.

D. Extension of Other Governmental Entities The Contractor shall extend the pricing and services under this Contract to all other governmental entities within the State of Indiana (“Governmental Entities”). Other Governmental Entities are defined as: An agency, board, a branch, a bureau, a commission, a council, a department, an institution, an office, or another establishment of any of the following: (1) The judicial branch, (2) The legislative branch, (3) A political subdivision (includes towns, cities, local governments, etc.), (4) A State educational institution, and (5) A body corporate and politic.

Unless otherwise specified within this Contract, the term “Ordering Agency” shall refer to entities/procurement initiatives A-D as set forth in Section 1, Entities Eligible to Utilize Contract. Ordering and/or usage instructions exclusive to State Agencies or Governmental Entities shall be identified within each article.

2. Contract Implementation The Contractor shall meet with the State and form an Implementation Plan timeline for the overall Contract Deployment. The Contractor shall customize the program to fit the State’s needs and desires for a successful program by participating in a minimum of one meeting per week during the implementation process.

A. Implementation Process The Contractor shall complete the implementation project in the following phases, and the Contractor shall provide a draft and final copy of the project management plan to the State’s IDOA Vendor Manager:

i. Initiation The Contractor shall ensure the needs of the State are adequately defined, by engaging with the State in High-level discussions on phase deliverables during project initiation and identify priorities that need to be completed through the implementation for a smooth transition. Additionally, the high-level barriers, potential problems, and roles and responsibilities of the project shall be summarized at this time.

ii. Planning The planning phase shall involve identifying and documenting the project scope, tasks, schedules, risk, quality, and staffing needs. This identification process continues until all possible areas of the chartered project have been addressed. Then the Contractor shall create a Project Management Plan and establish processes including routing of specimens/information, website information, disclosure documents, and chains of custody. Once the requirements have been satisfied, the Contractor shall send the Project Plan to the State. This process shall continue until the State is satisfied and approves.

iii. Execution and Control The Contractor’s implementation team shall carry out the project and perform project activities. The Contractor shall include Internal Quality Assurance (QA) testing necessary. Once the internal QA requirement for functionality and operability have been satisfied, the Contractor shall offer the project to the State for testing. This process shall continue until the State is satisfied that the application meets the Contractor’s contractual obligations, as well as the specifications defined in the project management plan.

iv. Closing The implementation team shall remain in place 30 days after roll out date. The team shall continue to meet regularly to discuss: program success, improvement opportunities, end-user feedback, usage data, product changes, Contractor performance, future goals and objectives. The Contractor shall perform project closeout once all defined project objectives have been met and the State has accepted the final implementation of the Contract.

B. Implementation – Personnel The Contractor shall provide a team of qualified experts to assist in the implementation effort. The Contractor’s team shall be led by an appointed Implementation Manager/Account Manager who shall be responsible for the overall management of the implementation process.

C. Implementation – Communication Tools

i. Implementation Schedule The Contractor shall provide an implementation project schedule as a document that highlights the tasks required to implement the State’s solution. It shall identify respective responsibilities and completion dates for each task. The schedule shall allow the State and Contractor to monitor the entire process and address related issues. The schedule shall be an active document and shall be updated frequently to reflect changing circumstances and implementation progress.

ii. Implementation Team Meetings The Contractor shall schedule with the State weekly implementation team meetings. The Contractor shall prepare meeting agendas, shall facilitate the team meetings, and shall provide meeting minutes after conclusion of the team meeting by the next business day.

iii. Implementation Status Reports The Contractor shall provide status reports to the State throughout the project’s implementation.

D. Implementation – Training At no additional cost to the State, the Contractor shall work with the State and Ordering Agencies to provide users an opportunity, through a Kick-off event, to learn about the program. The Contractor may host other implementation, and product shows around the State as well as additional vendor seminars and training at the direction of the State. As part of the Contractor’s duty to provide training, the Contractor may be required to host training sessions via internet. The Contractor shall use reasonable best efforts to provide training as necessary to facilitate the goals of this Contract.

i. Post-Implementation Training The Contractor shall continue to provide user training as needed after implementation pursuant to the training requirements of this Contract.

ii. User Guides The Contractor shall provide roll-out packets or user guides to Ordering Agencies on how to best use the Contract. The Contractor shall provide the user guide documentation to the IDOA Vendor Manager for approval prior to release.

3. Security Requirements All Contractor employees, subcontractors, and agents performing work under this Contract must comply with all security and administrative requirements of the State (including, but not limited to background investigations, facility access requirements, and employee dress code requirements).

A. Compliance and Record Destruction

i. Information Confidentiality and Security The Contractor shall ensure that all confidential information shall be destroyed meeting the requirements of IRS Publication 1075.

a. Contractor shall ensure that demographic data. FTI, and PII data; while in Contractor’s possession, are kept secure and confidential.

b. The Contractor shall ensure that all documents are secured to prevent access by unauthorized personnel.

c. The Contractor shall establish and provide written policy and procedures for a security program which are acceptable to and approved by the State.

ii. The Contractor agrees not to disclose, release, or communicate any information to any third person, individual, organization or entity not employed or approved by the State of Indiana and shall ensure that all documentation and media in its possession will remain secure at all times.

iii. The Contractor agrees to apply appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

iv. The Contractor agrees to apply appropriate administrative, technical, and physical safeguards to protect the privacy of personal identifiable information (PII) in accordance with IRS Publication 1075 Tax Information Security Guidelines.

B. Background Investigation Requirements A background investigation shall be conducted by the Contractor on all employees, as well as those with whom the Contractor subcontracts, who will be providing service under this contract. The Contractor is responsible for any and all costs and expenses in obtaining and maintaining the criminal background screening information for each employee as described in this Contract and in executed Sub Agreements. The Contractor shall ensure that all background screenings shall be refreshed every year from the time initially performed for each employee during the term of the Contract. All of the Contractor’s actual and prospective employees and subcontractors, whose duties will or may include duties under this contract, shall consent to the background investigation prior to accessing State facilities. State requirements vary based on facility; the requirements for each agency/facility are listed in their Sub Agreement.

C. Employee Identification and Business Access Contractor agrees that it’s employees and subcontractors shall provide government issued identification to enter any facility, may be subject to search, and are restricted to the work area site. Visits to all State facilities require proper check-in and check-out; on no occasion will service be provided without proper contact with the authorized agency personnel in charge of the facility unless prior express written consent is given by such agency personnel. Security provisions for all State facilities must be strictly observed and the Contractor shall coordinate access to the State facility with the authorized agency personnel or their designee.

D. Uniforms All Contractor and subcontractor personnel are required to be in uniform when on State property. Photo company issued identification shall be visible upon entering State facilities and is required at all times. Government issued photo identification must be presented upon request. Access will not be granted if personnel are not in Contractor authorized uniform and have proper identification.

E. Vehicles All Contractor service vehicles must clearly display the company name and logo.

F. Building access The Contractor is responsible for contacting the delivery/service location, prior to arrival, to receive instruction on gaining building access. Prior approval may be needed if work is to be performed overnight. Deliveries may not be accepted if this has not been addressed before the date of delivery. Due to security requirements, some State Agency locations cannot receive any delivery outside of a certain timeframe. Any deliveries or services attempted outside of the acceptable timeframe will be at the expense of the Contractor.

4. Account Management and Customer Service

A. Account Management Structure The Contractor’s Dedicated Account Management Team shall include a Dedicated Account Manager and National Account Manager. This team shall remain in place throughout the full contract term. The Contractor shall notify the State within 48 hours of notification of any staffing changes from proposed staffing as listed below. The State shall be provided the opportunity to approve or deny any new proposed personnel. The Contractor shall always have a back-up plan in place for all Account Management-related personnel and services. The Contractor shall communicate and maintain an up-to-date back-up plan for all Account Management Team members.

i. Dedicated Account Manager The Account Manager shall serve as the Central Point of Contact and have the authority to negotiate the contract between the State and Contractor. In addition, the Account Manager shall assist with account implementation and maintenance throughout the life of the contract. Daily inquires for most customer-specific issues can be handled at the Dedicated Account Manager level. The Dedicated Account Manager has access to information, including, but not limited to, order status, delivery information, backorder information, contracted pricing, standard offering item availability, and product information.

The Account Manager shall also actively market the products and services of this Contract to Governmental Entities and local schools under the K-12Indiana program.

ii. National Account Manager The National Account Manager shall be responsible for assisting with the account management and maintenance and work to ensure contract compliance.

iii. Customer Care Team The Customer Care Team shall be responsible for assisting the Ordering Agency with any issues related to, but not limited to, scheduling, billing, invoicing, and price adjustments.

iv. Staffing The Contractor will ensure adequate operational staffing is maintained to ensure the highest level of customer service throughout the term of the contract.

B. Customer Service

i. Hours The Contractor shall provide customer services for all Ordering Agencies. This on-going support shall be provided via a toll-free telephone number, email, and fax. The Contractor’s Dedicated Account Manager shall be accessible by phone for emergencies such as, but not limited to, disaster relief to aid with customer service or service that need to be scheduled.

ii. Timely Response to Inquiry The Contractor shall respond to comments or questions from the State or any Ordering Agency within one (1) business day. For all unresolved questions older than two (2) business days, the Contractor shall contact the questioner and provide an estimated date of when the answer will be communicated. If the Contractor fails to meet this requirement, the Contractor will be subject to all applicable corrective actions. Additionally, all request for submittals resulting from a sight assessment must be returned within 14 days.

The Contractor shall supply sample marketing requests and proofs for approval prior to printing. The quality output shall be within the standards of the State of Indiana. The Contractor understands all marketing shall be provided at no cost to the State.

C. Disaster Recovery Plan The Contractor shall provide a copy of the Contractor’s most recent disaster recovery and continuity of operations plan. The disaster recovery plan shall demonstrate that in the event of a catastrophe, the State’s inconvenience would be extremely minimal. The plan shall include, but not limit to, the process the State should follow to escalate issues. In the event that the Contractor amends the disaster recovery plan notification shall be sent to the IDOA Vendor Manager and an electronic copy provided to the State. The Contractor shall provide copies of the disaster recovery plan to all Ordering Agencies upon request.

D. Problem Resolution The Contractor shall provide a copy of the Contractor’s most recent problem resolution process. If the Contractor amends the problem resolution process, notification shall be sent to the IDOA Vendor Manager and an electronic copy provided to the State. The IDOA Vendor Manager has the authority to contact the Contractor’s Account Manager directly for problem resolution if it is determined that the problem requires action from the Contractor that is swift and appropriate. Members of the Contractor’s Account Team shall arrive onsite at the Indiana Government Center in Indianapolis by the next business day, if necessary.

5. Services Provided The Contractor Shall offer the following services:

a) The Contractor shall guarantee the services provided in the Contract.

b) The Contractor shall monitor the quality of Security Services by performing scheduled and unscheduled on-site inspections. The Contractor shall confer with User Agencies regarding deficiencies in the delivery of services, including review of incident reports, and discussion of improvement of services and safety procedures, and potential cost savings. The Contractor shall include the Vendor Contract Manager in all discussions unless otherwise requested by the Vendor Contract Manager. The Contractor shall remove and replace any unsatisfactory Security Guards.

c) The Contractor shall ensure the quality of all Guards at all times. Every Guard shall be evaluated at least once a year to ensure that they are fit for the position and are trained and well versed in the demands of the position, are up to date on all position and site requirements including but not limited to Armed Guards having current, active firearm permits, and have received all necessary training.

d) Quality Assessments

i. The Contractor shall do Quality Assessments annually. The Contractor will audit their processes and determine areas that need improvement, that cause issues, or could be improved. This should evaluate all systems, procedures, processes, requirements, and any other aspect of the program that in some way impacts the services provided through this Contract. The assessment should be submitted to the Vendor Contract Manager on an annual basis. The Contractor will take into consideration any suggestions, requests, or additions from the State.

ii. The State reserves the right to request the Contractor to perform a Quality Assessment at any time. The State can request it to be site, regional, or the entire program. The State can give a list of specific concerns, all of which the Contractor shall address, in addition to their own findings.

iii. Within ninety (90) days of notice, unless otherwise determined by the State in writing, the Contractor shall assess the given area and document any issues, including, but not limited to short comings, failures, lapse in services, areas that could be improved, and shall send the report documenting their findings, the cause of the issues, and how to eliminate the issue from ever happening again.

iv. Included in the assessment documentation and report provided to the State, a Corrective Action Plan shall be issued by the Contractor for each cause, detailing the actionable cure for remedying the issue or issues. Upon Corrective Action Plan receipt, the State shall review and advise of any questions. If the State has no objections to the plan, the plan shall be implemented within twenty-four (24) hours. From that point, the Contractor has the agreed upon timeline to cure the issues. The timeline shall be determined by the State. If the Contractor still has any issue associated with the Corrective Action Plan purpose, by the end of the timeline, the State shall obtain a credit of $500 per occurrence from the Contractor in the form of a check with the supportive reporting model. At any point, the State has the right to invoke the Termination for Default clause.

e) If for any reason the level of Guard requested by the User Agency cannot be provided by the Contractor, the Contractor will place a replacement Guard of a higher level at the location at the specified times, until the requested type of Guard is placed at the location. At no time will the Contractor bill the State for a higher rate than the price, for the Guard Type requested by the User Agency.

f) The Contractor will work with the Contract Manager anytime an issue of Quality occurs. The Contractor will take care of the issue and create a way to prevent reoccurrence. The Contractor will not consider any issue closed until the Contract Manager gives consent.

g) The Contractor will continuously be looking for ways to improve their systems and look for changes in industry standards and new practices. The Contractor will evaluate every option and determine if it is in the best interest of the program and the State.

6. Guard Substitution Security Guard substitution is not allowable unless pre-approved, in writing, by the State or User Agency and only then may the Guard be scheduled for work on the State’s facilities. The substituted Guard shall be of equal or higher level of capability, functionality, Guard Type, and quality and shall not exceed the contract price of the unavailable Guard Type. The Contractor shall submit a quarterly report of all Guards that have been substituted and for the length of time.

7. New Guards

a) The Contractor shall talk to the User Agency and shall compile all the agency requirements and ensure that the Guard meets all requirements, including but not limited to availability, criminal history checks, physical demands of the position(s), and demeanor.

b) The Contractor shall ensure that all Guards have the appropriate uniform, is fully trained for the position, and has received site training prior to the Guard commencing work on this Contract.

c) The Contractor shall follow-up with the User Agency at a minimum after the new Guard’s first day at the User Agency Location, and again after thirty (30) days after the Guard’s placement at a User Agency Location. If an issue is reported in any of the follow-ups the Contractor shall immediately remedy the issue.

d) The Contractor shall provide notification when it is discovered a Guard is no longer capable to fulfill their duties, regardless of level, in writing to the State Contract Manager and each User Agency through the most expedient method possible. The notices, at a minimum, shall include location, complete description of duties, the replacement timeframe and reason for the replacement.

e) The Contractor shall immediately replace any Guard not capable of fulfilling the demands of the position within forty-eight (48) hours at no expense to the User Agency (including labor, transportation, and materials).

f) The Contractor shall issue a replacement Guard whenever one is unable to perform the duties, is not able to meet the requirements of the User Agency, or is otherwise deemed unfit by the State or the Site Supervisor. Upon State, User Agency, or Site Supervisor determination that a Guard is not fit, the Guard should be removed immediately and shall not return to the premises. Only when the User Agency and Contract Manager gives written approval may a Guard deemed not fit be placed at any site location that utilizes the Contract. When the State determines a Guard is unfit the Contractor will replace the Guard within forty-eight (48) hours. A temporary replacement of the same or greater security level shall be provided to the State at no additional cost until a permanent Guard can be placed. The State shall be charged the lower price of the two Guard Types.

g) Each User Agency shall have the option of accepting the Contractor’s selected replacement for all removed Guards. The terms of this Contract shall supersede any language to the contrary on purchase orders, invoices or other documents provided by the Contractor, the Contractor’s employees, subcontractors or other sources.

h) The Contractor shall not place a security Guard of lower level than the User Agency requested unless approved in writing by the State and User Agency. If approved the State shall be charged the lower price of the two Guard Types.

8. Reporting/Metrics The Contractor shall provide the State and User Agencies weekly, monthly, quarterly, ad-hoc reporting, and report customization at no cost for the duration of the Contract. The standard reporting listed below shall be available to the State or User Agency within 2 business days of the request unless the parties agree to a longer response period. Ad-hoc and customized reporting shall be provided within 5 business days. Reports shall include, but not be limited to, the following reports and criteria:

a. Savings Model The Contractor shall work with the State Contract Manager to develop a mutually agreed upon Savings Model, within ninety (90) days of final State signature, which reflects the actual savings over the life of this Contract. The Contractor shall report on the Savings Model at each QBR and shall provide updates upon request.

b. Usage Reports The Contractor shall track all usage data and provide the following information in a report at each QBR. The Contractor shall provide updates upon request.

• number, type and location of Guards

• incident reports per location

• unannounced inspections

• daily activity reports

c. Weekly Branch Manager Report for the State Contract Manager The Contractor shall provide a Weekly Status Report to the State Contract Manager. This report shall include, per location:

• Number, date and description of incidents including resolution or action plan • Number and date of no shows, indicating whether replacement guard filled vacant post

• Number, date and description of any personnel issues with guards, such as a guard being improperly dressed or a guard sleeping at post, including resolution or corrective action plan

• Description and date of location specific issues involving site designee or subcontractor, including resolution or corrective action plan

• Number of, date, invoice number and description of invoice inaccuracies, including resolution or corrective action plan

d. Monthly Branch Manager Report for the State Contract Manager This report shall also be presented at the Quarterly Business Review (QBR), or upon request. This report shall include, per location:

• Number of replacement guards for the reporting period

• Number and date of no shows for the reporting period, indicating whether replacement guard filled vacant post

• Number, date of incidents for the reporting period, with description and resolution or corrective action plan

• Number, date and description of any personnel issues with guards, such as a guard being improperly dressed or a guard sleeping at post, including resolution or corrective action plan

• Description and date of any personnel issues involving site designee or subcontractor

• Number of new hires for the location, by guard level

• Number of guard terminations for the reporting period

• Number of guard resignations for the reporting period

• Number of guards currently in training

• Calculated turnover rate for the reporting period per State location

9. General Staffing Requirements The Contract shall ensure that all Guards:

a. Have the ability to read, understand, and apply printed rules and detailed orders.

b. Have the ability to meet and interact appropriately with the general public.

c. Have the ability to maintain poise and self-control under stress.

d. Be able to write clear, accurate and detailed reports as required by the User Agency and Vendor Contract Manager.

e. Maintain a clean, neat, and professional appearance

f. Meet all health and physical requirements, including testing free of drugs.

g. Are familiar with all appropriate procedures including, but not limited to, bomb threat and fire prevention procedures.

h. Undergo specialized training as requested by the User Agencies or the Vendor Contract Manager. This specialized training will be determined in coordination with the Contractor and will be offered at no additional cost to the State.

i. Working hours shall be determined by the User Agency and documented in the SOW.

j. Services may be performed inside, outside, or both, depending on the requirements of the User Agency (and will be documented in the SOW).

k. The Contractor shall ensure that all Guards are properly trained for their posts and meet all requirements specified by the User Agency. The Contractor shall comply with all rules, regulations, expectations, and requirements as described in the executed SOW for the post, site, region, and Master Services Agreement.

l. Upon written request of the User Agency or Vendor Contract Manager, the Contractor shall rotate Guards to prevent fraternization.

m. The Contractor shall orient new Guards as to tours of duty, Post Orders, and regulations.

n. The User Agency may provide a training manual outlining the basic expectations of the Guards and the function of the facility. The Contractor may work with the site designee to assist with manual development or updates.

o. User Agencies may require the presence of a supervisor on-site daily as determined by the User Agency or the Vendor Contract Manager. A supervisor must be immediately available to respond to any emergency situation, regardless of routine visits to the site.

p. The User Agency reserves the right to meet and approve or deny the placement of Guards recommended for key positions, including but not limited to Site Supervisor/Guard in Charge, Control Room Guard, or Dock Guard.

10. Qualifications and Licensing

a. The Contractor agrees that all Unarmed Guards under the age of 21 placed at State sites must be approved by the User Agency prior to starting work on this Contract.

b. The Contractor agrees that all Armed Guards placed at State sites must be at least 21 years of age. Authorized Armed Guards are required to satisfactorily meet or exceed all applicable laws and regulations with respect to firearms licensing, certification, and training. Armed Guards must possess a current and valid license to carry firearms.

c. The Contractor shall ensure that Guards who hold specific certifications as required by the post’s SOW (such as CPR, firearms, etc.) maintain current certification, permits, licenses, etc. and will provide documentation of such at the request of the State.

d. The Contractor will also provide annual training for conflict resolution, basic patrolling procedures, code of conduct, etc. The Contractor shall make the best efforts and encourage its interested employees to be certified through the American Society for Industrial Security (ASIS) International.

e. Documentation of qualification and licensing shall be retained in the permanent portion of each Guard’s personnel file.

f. Annually, or as required under applicable state law, Armed Guards are required to complete an authorized refresher/re-qualification course. A certificate of Refresher/ReQualification Course Completion, signed by a qualified instructor, shall be maintained in the Guard’s personnel file and shall be available upon request to the State.

g. Contractor will conduct background checks, including but not limited to local and NCIC criminal histories, on all Guards placed at State sites at no additional cost to the State. These checks will be completed prior to a Guard beginning work at a State site. Contractor must provide written confirmation to the User Agency and the Vendor Contract Manager that the results are compliant with the requirements of the User Agency and the State. If additional background checks are required due to the specific requirements of a site, the Contractor must comply at no additional cost to the State.

h. The Contractor shall certify that all Guards being supplied to the State have not had any felony conviction or violent crime conviction in the past seven years.

i. The Contractor shall certify that all Guards placed at State sites have not been convicted of any drug use, drug sales, or drug possession in the past two years.

j. The Contractor shall certify that all Guards placed at State sites have never been convicted of murder or any sexual assault crime.

k. The Contractor will be compliant with IC 25-30-1.3-7 (Indiana Private Investigator and Security Guard Licensing Board Administrative Code) as amended during the term of this agreement, and remain compliant throughout the duration of this contract. The Contractor must be willing to provide a copy of this licensure at any time it is requested by the State. A current copy of the licensure may be kept on file with the State Vendor Contract Manager if necessary.

11. Coverage Requirements

1. The Contractor shall maintain the requested coverage at each site location, based on the most recent executed SOW.

a. Any intended or unintended absenteeism or tardiness shall not absolve the Contractor from maintaining contracted coverage levels. The Contractor shall maintain adequate staffing levels to remain in compliance with this requirement.

b. In the event that a post becomes unstaffed due to extended leave, vacation, or re-assignment, the Contractor will provide a minimum of 24 hours advance notice to the Site Designee. In the event of an emergency or unexpected staffing absence, advance notice is not required. Unless otherwise approved by the State Vendor Contract Manager, the position shall not be vacant for any shift; a replacement Guard shall assume the vacant post immediately.

c. On Demand Services d.The Contractor will provide Guards on an “on demand” basis when requested by a Site Designee or the Vendor Contract Manager. Once the Contractor has been notified of an on-demand request, the Contractor will confirm in writing the details of the request to ensure proper deployment of resources. Confirmation may be sent by fax or email to the Site Designee as agreed upon by both parties at the time of the request, or as provided for in the SOW. The Contractor’s Account Manager will confirm that the on-demand Guard assumed the post on the date and time agreed upon. Should the Contractor fail to comply, see Emergency Guard Placement procedures.

12. Rates and Billing

a. The Contractor may charge a minimum time of one hour, in the event that shorter term services are required.

b. The User Agencies will only be billed for hours worked.

c. The Contractor will pay the Guards placed at State sites no less than the “State Required Minimum Regular Wage Per Hour”.

d. If an emergency presents itself and a State site closes, payment shall be made only for those hours actually worked. No payment will be made for days the workplace is closed, unless services are required by the User Agency.

e. Regular Rate a) The Contractor shall provide Guards at the regular hourly wage rate and regular hourly bill rate. The State will only be charged for the actual hours worked. This includes all Regular assignments, On Demand assignments, and Emergency assignments.

13. Overtime

a) In the event that a Guard works more than 40 hours in a week, the Contractor is responsible for paying the Guard the appropriate overtime rate, but will not bill the overtime to the State.

b) Any exception of overtime must be requested of and approved in writing by the Site Designee and IDOA Vendor Contract Manager prior to any overtime hours being worked.

c) At no time shall the approved overtime rates be invoiced without prior approval from the IDOA Vendor Contract Manager.

d) Contractor shall not provide quotes of overtime rates to any state agency or public customer requesting security guard services.

14. Union Designation

a) The Contractor shall provide written documentation of locations that are designated as locations that require Union Guards. Documentation shall include effective date of Union designation, Guard Type and Level.

b) If at any time the Union designation changes, the Contractor shall provide written documentation of the change in designation to the Vendor Contract Manager immediately.

c) The Contractor shall provide written documentation of the Union designations to the Vendor Contract Manager on an annual basis.

15. Appearance

1. The Contractor will provide professional uniforms and required Contractor equipment (radios, cell phones, etc.) to all Guards at no cost to the State. All uniforms must be approved by the State of Indiana. Uniforms must be readily identifiable as security guards and should not appear to be that of law enforcement personnel or easily mistaken for police officers.

2. The Contractor shall additionally ensure that all Guards exhibit a neat, clean appearance and professional demeanor at all times.

P. Guard Placement

1. The Contractor shall supply “Temporary Placement” Guard(s) at the request of any User Agency. Requests for “Temporary Placement” Guard(s) shall be fulfilled within forty-eight (48) hours with a Guard that meets all requirements of the Master Services Agreement, SOW, Post Orders and any other needs expressed in writing by the User Agency or Vendor Contract Manager. Temporary Placement guards shall be utilized for Special Events, such as weddings, or other short-term events hosted by the state or the public.

2. The Contractor shall supply “Emergency Placement” Guard(s) at the request of any User Agency. Requests for Emergency Guard(s) shall be fulfilled within forty-eight (48) hours with a Guard that meets all requirements of the Master Services Agreement, SOW, Post Orders, and any other needs expressed in writing by the User Agency or Vendor Contract Manager.

a) In the event of an emergency placement, including Temporary Placement Guards, the User Agency shall request approval from the Vendor Contract Manager to proceed with placement prior to the execution of a SOW, which will be routed as soon as possible after the request has been made. Service, when approved by the Vendor Contract Manager, may begin prior to the SOW’s execution.

3. The Contractor shall supply “Permanent Placement” Guard(s) at the request of any User Agency. Requests for Permanent Guard(s) may be fulfilled within two (2) business days of the request with a “Temporary Placement Guard,” if a Permanent Guard is not yet available. The Permanent Guard (Guard who will assume Post for life of Contract) shall be placed within thirty (30) days of the request. Both the “Temporary Placement Guard” and the Permanent Guard must meet all requirements of the Master Services Agreement, SOW, Post Orders and any other needs indicated by the User Agency or Vendor Contract Manager.

Q. Guard Responsibilities

1. The Guard is required by the State to complete Daily Activity Reports or Shift Reports. The report should include, but is not limited to, missing keys, doors left open or unlocked, broken or open windows, unsecured areas, safety hazards, alarms sounded, telephone problems, etc. Additional information may be required through the SOW. Copies shall be available to the Vendor Contract Manager and the Site Designee upon request. If necessary, a Daily Activity or Daily Shift Report may be designed and agreed upon by the Vendor Contract Manager and the Contractor.

2. The Guard will supply his/her Site Supervisor with incident reports as required by the SOW. This report shall include, but is not limited to, each situation or incident occurring during the shift or day such as theft, a customer/client injury, fires, suspicious articles left unattended, alarms sounded, etc. The report should include name(s) of victim, witnesses, suspect’s name, whether first responders were notified (and why or why not), first responders’ name and badge number, etc. The Site Supervisor or Officer-in-Charge will at a minimum send an email notification to the State Site Designee and the State Contract Manager of the incident. The Site Supervisor or Officer-in-Charge will send a full Page report from the Guard within 24 hours of the incident. These incidents should be noted in the Weekly Report to the Vendor Contract Manager.

R. Armed Guards and Armed Security Officers

1. Armed Guards

a) When requested, the Contractor will supply the State with documentation of industry standards and expert information to demonstrate the acceptable standards and expectations regarding handguns.

b) Armed Guards must have an active Indiana Issued Handgun permit to assume an Armed Post under the conditions of this Contract. The Contractor is responsible for ensuring that all gun permits are current and valid. Under no circumstances shall an Armed Guard report for duty with an expired or revoked Handgun Permit.

c) The Contractor will ensure that all guns receive maintenance at a minimum of once per year. The Contractor is responsible and liable for the cleanliness, use, safe-keeping, and handling of weapons on State premises. Contractor will provide documentation to verify maintenance when requested.

d) The Contractor shall ensure that all Armed Guards have been adequately trained and have completed annual live fire qualification, during which the Guard performs live fire range qualification to demonstrate proficiency with the firearm that will be used on the User Agency’s site in a shooting range practicing proper weapon handling and safety procedures.

e) Upon reasonable doubt or concern, the State shall have the right to request that the Contractor perform an inspection of firearms at any time at no additional cost to the State. The Contractor must immediately remove the weapon from the premises and replace the weapon and, if necessary, the Guard to ensure the Site’s Guard requirements are met. If a firearm is deemed unfit for any reason by the State, the firearm shall be removed immediately and only returned after the express written consent of the User Agency and Vendor Contract Manager, after proof of clean inspection from a neutral third party has been provided. This inspection shall not incur any additional costs to the State.

f) The Contractor will inspect all firearms prior to their appearance at any State site. Exhibit G: Firearms Checklist shall be completed and kept on file each time the Contractor inspects a weapon. After initial check and placement at a State site, this checklist must be completed at a minimum of once per year. The State shall receive completed copies of each checklist for each firearm; all checklists shall be retained by the Contractor for the life of the contract.

1) The State may update the Firearm Checklist and any other firearm requirements in writing. Upon receipt, the Contractor shall comply. The Contractor shall note any additional concerns, suggestions, expert opinions, etc. on the Firearm Checklist.

2) This checklist is in no way intended to be exhaustive of the State’s safety or security measures for having weapons present at a State site. The Contractor is fully responsible and liable for any weapons in the possession of or belonging to the Contractor, the Contractor’s employees, or the Contractor’s designees at a State site. In addition to State and Federal requirements, the Contractor shall use expert opinion and industry standards to determine the safety and security of a firearm.

T. Miscellaneous Commitments

1. Subcontracting

a) The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the State. If such subcontract agreements are approved by the State, each shall contain all sections of this Contract. The Contractor shall be the Prime Contractor and shall be responsible for all work performed on this Contract.

b) The State considers Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all Subcontractor charges resulting from this Agreement. The State, other than approving such Subcontractors has no obligation, financial or otherwise, to any Subcontractor and shall not be deemed in privity with any Subcontractor.

c) The Contractor shall be the main point of contact for the Contract. No User Agency shall have direct contact with the Subcontractor unless the User Agency requests to meet with the Subcontractor. Upon request the Contractor shall be present in meetings with Subcontractors.

d) The State will have no requirement to interface with any of the Subcontractors. Should the State wish to maintain direct contact with Subcontractor, Contractor will agree to remove that Subcontractor from the Contractor managed program, at which time all performance and payment obligations to the said Subcontractor shall rest with the State.

e) The User Agency will not ever see a difference in services regardless of which company employs the onsite Guards.

f) The Contractor takes full responsibility and understands that all requirements in this Contract are obligatory and at no time shall the Contractor lapse regardless of the use of Subcontractors in this agreement.

g) The Contractor shall manage the Subcontractors. Reports shall be given at a minimum quarterly to assess their performance. These reports shall be provided to the Vendor Contract Manager within seven (7) business days of completion. If the State takes issues with anything in the report or feels something was overlooked the Contractor will immediately address it and remedy it with the Subcontractor.

h) The Contractor understands that they are solely responsible for the management of the Subcontractors. The Contractor guarantees the performance of all Subcontractors.

i) The Contractor shall hold all Subcontractors to the SLAs, Metrics, and other requirements in this Contract. When a Subcontractor misses a Metric, SLA, or other requirement from the State the Contractor is solely responsible and shall make right with the User Agency.

j) The State shall receive a credit for part or all of the management fee on a job when the Contractor has not fulfilled all or part of the duties and responsibilities of managing a Subcontractor. When this happens the State and the Contractor will find a mutually agreed upon amount and means for the credit.

2. Corrective Action Plans

a) The State reserves the right to ask the Contractor for a Corrective Action Plan (CAP). The State has the discretion to accept multiple Corrective Action Plans from the Contractor, over the life of the contract, if deemed appropriate by the State.

b) If the State elects to request a Corrective Action Plan, the Contractor shall have (5) business days to provide the Corrective Action Plan detailing the actionable cure for remedying the issue or issues of each performance metric in need of correction. Upon Corrective Action Plan receipt, the State shall review and advise of any questions. If the State has no objections to the plan, the plan shall be implemented within (24) hours. From that point, the Contractor has the agreed upon timeline to cure the issues. The timeline shall be determined by the State. At any point, the State has the right to invoke the Termination for Default clause.

6. Quality Assurance The Contractor shall provide only unused products, unless otherwise agreed to by the IDOA Vendor Manager. The Contractor shall guarantee its products to be free from defects in materials and workmanship, given normal use and care, over the period of the manufacturer warranty. The Contractor shall repair and/or immediately replace any defective or failed item within the warranty period specified at no expense to the Ordering Agency (including labor, freight both ways, and materials) . In the event the product cannot be repaired or replaced to the satisfaction of the Ordering Agency, the Contractor shall refund any amounts paid by the Ordering Agency for the product. The terms of this Contract shall supersede any language to the contrary on purchase orders, invoices or other documents provided by the Contractor, manufacturer or other sources.

A. Warranty Ordering Agencies are eligible to receive manufacturers’ warranties and the Contractor shall honor all manufacturers’ warranties and guarantees on the entire catalog of products offered as part of the contract. If the manufacturer offers an on-site warranty, those warranty services shall be passed on to the Ordering Agencies. If a product warranty extends beyond the term of the contract, the Contractor shall agree to provide warranty services throughout the life of the warranty.

B. Recalls The Contractor shall provide recall notification, regardless of level, in writing to the IDOA Vendor Manager and each Ordering Agency through the most expedient method possible. The notices, at a minimum, shall include an item number, complete product description, delivery order number and disposition instructions.

The Contractor shall pick up, test, destroy or return recalled products to the manufacturer at no expense to the State. The Contractor shall issue replacement of product or credit for any product removed or recalled. Each Ordering Agency shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

7. Ordering

A. Ways to Place an Order The Contractor shall be able to receive orders by any of the following methods: electronically via email purchase order, electronically via State punch-out catalog, electronically via K-12/Library, phone, and by written purchase order, with all orders being sent to a single point of contact. The Contractor shall have internal controls, approved by the State of Indiana, to:

· Ensure that only authorized individuals place orders

· Verify any orders that appear to be abnormal.

· Verify IDOA Vendor Manager has authorized purchase from a State Agency of any special request item.

i. K12/Library and Other Local Governmental Entities The Contractor shall work with the State and K-12/Library to provide the ability of either a punch-out or catalog to K-12 and other Governmental Entities purchasing off of this Contract. The K-12 schools shall have the ability to purchase directly from the Contractor’s identified Minority Business subcontractor through a separate catalog located on the K-12Indiana purchasing portal.

B. Order Confirmation The Contractor is required to provide an order confirmation to the Ordering Agency within two (2) business days from receipt of the Purchase Order, including item description, quantity, order number(s), contact information, purchase order number, unit price, extended price, total price, and the delivery date agreed to by the Contractor and the Ordering Agency. If the confirmation does not match the requested items, the Ordering Agency shall contact Customer Service.

C. Sourced Items Ordering Agencies may purchase sourced items. Sourced items are items that fall within awarded categories but are not within the Contractor’s standard offerings. Standard offerings include the Contractor’s full line catalog – anything on the web, in stores, or acquired through existing manufacturer relationships. When an Ordering Agency requests such an item, the Contractor’s Dedicated Account Manager shall provide a detailed quote from the manufacturer to the Ordering Agency.