7101123106BaseContract.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://nyspro.ogs.ny.gov | customer.service@ogs.ny.gov | 518-474-6717

CONTRACT FOR

SECURITY GUARD SERVICES (STATEWIDE) AND FIRE SAFETY AND

EMERGENCY ACTION PLAN DIRECTORS (Region 1 – NYC Only)

BY AND BETWEEN

THE NEW YORK STATE OFFICE OF GENERAL SERVICES

AND

CONTRACT NUMBER

Contractor Name Contract #XXXXX PAGE 2

Group 71011 Award 23106 Security Guard Services (Statewide) and Fire Safety/EAP Directors (Region 1)

THIS CONTRACT (hereinafter “Contract” or “Centralized Contract”) for the acquisition of Security Guard Services (Statewide) and Fire Safety and Emergency Action Plan Directors (Region 1 – NYC Only) is made between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (hereinafter “State” or “OGS”) whose principal place of business is the 41st Floor, Corning Tower, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242, and Dreamland Security Services, Inc.

(hereinafter “Contractor”), with offices at 369 East 149th Street, 3rd Floor Bronx, NY 10455. The foregoing are collectively referred to as the “Parties.”

Whereas, OGS provided notification of availability of a non-competitive solicitation (“Solicitation”) for vendors that provide Security Guards Services (Statewide) and Fire Safety and Emergency Action Plan Directors (Region 1 – NYC Only) by placing a notice in the April 9, 2018 edition of the New York State Contract Reporter; and

Whereas, the Solicitation set forth the minimum administrative and technical requirements that a vendor must meet to be eligible for consideration to receive an award; and

Whereas, the Solicitation was structured with the counties of New York State divided into nine separate regions; and

Whereas, this Centralized Contract requires, for each transaction, that the Authorized User issue a competitive Request for Quote (RFQ) to be issued to eligible Contractors pursuant to a How to Use Process. Each Authorized User Agreement resulting from the competitive RFQ process will be governed first by the terms and conditions specified herein and second by terms and conditions added to the Authorized User Agreement by the Authorized User; and

Whereas, the State evaluated Contractor’s submission and determined that the Contractor met the minimum administrative and technical requirements for those Region(s) set forth in Appendix C; and

Whereas, in accordance with State Finance Law Article 11, the State has made a determination that the Contractor’s not-to-exceed pricing is reasonable; and

Whereas, Contractor agrees to the terms and conditions set forth in this Centralized Contract and the Contractor is willing to provide such services as set forth herein to Authorized Users.

NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each party hereto from the other, the Parties hereby agree as follows:

Contractor Name Contract #XXXXX PAGE 3

SECTION 1 INTRODUCTION

1.1 SCOPE AND OVERVIEW

1.2 REGIONS

1.3 ESTIMATED QUANTITIES

1.4 GLOSSARY

1.5 APPENDIX A

1.6 APPENDIX B

1.7 APPENDIX C

1.8 ATTACHMENTS

1.9 CONFLICT OF TERMS AND CONDITIONS

SECTION 2 TERMS AND CONDITIONS

2.1 PERFORMANCE AND BID BONDS

2.2 NEW YORK STATE TAX LAW §5-A

2.3 NEW YORK STATE RESERVED RIGHTS

2.4 AUTHORIZED USER RESERVED RIGHTS

2.5 CONTRACT PERIOD AND RENEWAL

2.6 SHORT TERM EXTENSION

2.7 PERIODIC RECRUITMENT

2.8 PROCUREMENT INSTRUCTIONS

2.9 RATES

2.9.1 PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS

2.9.2 OVERTIME PAY AND BILL RATES

2.9.3 HOLIDAY HOURLY BILL RATES

2.10 PRICE ADJUSTMENTS

2.11 INVOICING AND PAYMENTS

2.12 CERTIFIED PAYROLL RECORDS

2.13 SECURITY GUARD LEVEL 1 AND LEVEL 2 REQUIREMENTS AND RESPONSIBILITIES

2.13.1 LEVEL 1 SECURITY GUARD MANDATORY REQUIREMENTS

2.13.2 LEVEL 2 SECURITY GUARD MANDATORY REQUIREMENTS

2.13.3 RESPONSIBILITIES FOR LEVEL 1 AND LEVEL 2 SECURITY GUARDS

2.13.4 ADDITIONAL RESPONSIBILITIES FOR LEVEL 2 SECURITY GUARDS

2.14 FIRE SAFETY/EAP DIRECTOR (REGION 1 ONLY) REQUIREMENTS AND RESPONSIBILITIES

2.14.1 FIRE SAFETY/EAP DIRECTOR (REGION 1 ONLY) MANDATORY REQUIREMENTS

2.14.2 RESPONSIBILITIES FOR FIRE SAFETY/EAP DIRECTORS (REGION 1 ONLY)

2.15 SERVICE REQUIREMENTS

2.15.1 STAFFING

2.15.2 DRUG TESTING

2.15.3 BACKGROUND, REGISTRATION AND TRAINING

2.15.4 CANDIDATE REPORTING DOCUMENTS

2.15.5 SECURITY PROCEDURES

2.15.6 COVERAGE

2.15.7 WORKDAY/HOURS

2.15.8 LATE ARRIVAL

2.15.9 ADDITIONAL SECURITY GUARDS/SPECIAL EVENTS

2.15.10 STANDARD EQUIPMENT

2.15.11 SITE ASSIGNMENT AND REMOVAL

2.15.12 LICENSE

2.16 VEHICLE USE CHARGES

2.17 ON-SITE WORK

2.18 ONGOING COMPLIANCE

2.19 DISQUALIFIED RESOURCES

2.20 MANDATORY RESTRICTIONS

2.21 QUALITY OF SERVICES

2.22 MAINTENANCE OF A MASTER FILE

2.23 REDUCE WORK

2.24 GENERIC E-MAILBOX

2.25 TOLL-FREE NUMBER

2.26 RECLASSIFICATION OF JOB TITLES

Contractor Name Contract #XXXXX PAGE 4

2.27 NEW YORK STATE FINANCIAL SYSTEM (SFS)

2.27.1 NYS STATEWIDE FINANCIAL SYSTEM

2.27.2 NYS SFS PROCUREMENT MODULE

2.28 CONTRACT ADMINISTRATOR

2.29 INSURANCE REQUIREMENTS

2.30 REPORT OF CONTRACT USAGE

2.31 COMPANY AND CONTACT INFORMATION

2.32 CONTRACTOR REQUIREMENT AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE CERTIFIED MINORITY-

AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP

MEMBERS AND WOMEN

2.32.1 NEW YORK STATE LAW

2.32.2 GENERAL PROVISIONS

2.32.3 EQUAL EMPLOYMENT OPPORTUNITY (EEO)

2.32.4 CONTRACT GOALS

2.32.5 MWBE UTILIZATION PLAN

2.32.6 REQUEST FOR WAIVER

2.32.7 REQUIRED GOOD FAITH EFFORTS

2.32.8 MONTHLY MWBE CONTRACTOR COMPLIANCE REPORT

2.32.9 BREACH OF CONTRACT AND LIQUIDATED DAMAGES

2.32.10 FRAUD

2.33 PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED

BUSINESSES

2.33.1 CONTRACT GOALS

2.33.2 SDVOB UTILIZATION PLAN

2.33.3 REQUEST FOR WAIVER

2.33.4 REQUIRED GOOD FAITH EFFORTS

2.33.5 MONTHLY SDVOB CONTRACTOR COMPLIANCE REPORT

2.33.6 BREACH OF CONTRACT AND DAMAGES

2.34 NEW YORK STATE VENDOR RESPONSIBILITY

2.35 DRUG AND ALCOHOL USE PROHIBITED

2.36 TRAFFIC INFRACTIONS

2.37 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

2.38 EXTENSION OF USE

2.39 FEDERAL FUNDING

2.40 AMERICANS WITH DISABILITIES ACT (ADA)

2.41 CAPTIONS

2.42 SEVERABILITY

2.43 COUNTERPARTS

2.44 NOTICES

2.45 ENTIRE AGREEMENT

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (January 2014) Appendix B – General Specifications (April 2016) Appendix C – Contractor Information

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – Insurance Requirements Attachment 3 – Report of Contract Usage Attachment 4 – Request for Quote Form Attachment 5 – Certificate of Compliance

Contractor Name Contract #XXXXX PAGE 5

SECTION 1 INTRODUCTION

1.1 Scope and Overview

The New York State Office of General Services (OGS) is responsible for establishing and managing centralized Contracts for New York State Authorized Users. The OGS Centralized Contracts are awarded regionally with multiple awards being made in each Region for use by Authorized Users of NYS OGS Centralized Contracts (see Section 2.38, Non-State Agencies Participation in Centralized Contracts).

The OGS Centralized Contracts have an established set of standardized terms and conditions, guidelines, processes and templates that apply to Contractors and their Subcontractors. When an Authorized User has a need for Security Guard Services and/or Fire Safety/EAP Director services, they will issue a competitive Request for Quote (RFQ) in accordance with the terms and conditions of the OGS Centralized Contract, including any additional requirements of the position(s) sought to be filled. The OGS Centralized Contracts for Security Guard Services is limited to unarmed guards. The RFQ will be distributed by the Authorized User to all Contractors for the applicable Region where the work is to be performed and it is in response to the RFQ where the Contractors shall submit the competitive proposed prices to be charged. The result of the RFQ process is an Authorized User Agreement and the Authorized User will either use their NYS Procurement Card (P-Card) or issue a Purchase Order to the selected Contractor to obtain Security Guard and/or Fire Safety/EAP Director services based on the RFQ responses. Procurement Instructions further describing the RFQ process and requirements for Authorized Users to purchase from the Centralized Contracts are found in Section 2.8, Procurement Instructions.

The Maximum Not-to-Exceed Hourly Bill Rates shall take into consideration the following for the Region being bid:

1. Prevailing Wage Rate

2. Supplemental Benefit Rate

3. Profit and overhead which may include the following costs:

a. Travel (including, but not limited to, mileage)

b. Meals

c. Lodging

d. Site Access (access to and from the site)

e. Workers Compensation

f. Disability Benefits

g. State Unemployment (SUTA)

h. Federal Insurance (FICA)

i. All other insurance, including, but not limited to:

i. Commercial General Liability

ii. Business Automobile Liability

iii. Crime Liability, etc.

j. For NYC (and any other area where required by any federal, state, local law, regulation, ordinance, etc.):

i. Paid family leave

ii. Paid sick leave

iii. Vacation

iv. Paid Holidays

v. NYC Fire Department fees related to Fire Safety/EAP Director requirements

k. All other overhead including, but not limited to:

i. Training

ii. Uniforms

iii. Standard Equipment items 1-4 as detailed in Section 2.14.10

iv. Use of MWBEs and SDVOBs

v. NYS Department of State fees

vi. Background checks

vii. Fingerprinting

l. Any back-office project management costs for Contractors and for their Subcontractors, including, but not limited to:

i. Management of Certified Payroll

ii. Management of Security Guard and/or Fire Safety/EAP Director Master Files

iii. Management of workforce for scheduling and call-in coverage

iv. Ensuring prevailing wage and other (e.g. NYC Sick Law) compliance through mentoring, monitoring, etc. Scheduling work and ensuring adequate staff.

Contractor Name Contract #XXXXX PAGE 6

m. Ensuring Subcontractors proposed to be used by the contractor on an Authorized User’s site comply with various requirements (e.g. fingerprinting, etc.)

The actual Hourly Bill Rates proposed to be charged by Contractors for providing Security Guards and/or Fire Safety/EAP Directors will be set forth in a Contractor’s response to a competitive RFQ issued by the Authorized User, identifying their specific needs relative to the Security Guard services and/or Fire Safety/EAP Director requirements being requested and based upon the PRC # obtained by each requesting Authorized User. It is in response to an RFQ when Contractors will bid competitive Hourly Bill Rates.

1.2 Regions

The counties of New York State are divided into nine (9) separate Regions. Below, is a listing of the Regions and the applicable counties that are included in each of the Regions.

Region Designation for Solicitation 1 2 3 4 5 6 7 8 9

Bronx Nassau Dutchess Albany Clinton Herkimer Broome Chemung Allegany Kings Suffolk Orange Columbia Essex Jefferson Cayuga Monroe Cattaraugus

New York Putnam Fulton Franklin Lewis Chenango Ontario Chautauqua Queens Rockland Greene Hamilton Madison Cortland Schuyler Erie

Richmond Sullivan Montgomery Saratoga Oneida Delaware Seneca Genesee Ulster Rensselaer Warren Oswego Onondaga Steuben Livingston Westchester Schenectady Washington St. Lawrence Otsego Wayne Niagara Schoharie Tioga Yates Orleans Tompkins Wyoming

1.3 Estimated Quantities

This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. This contract shall be for the quantities or dollar values ordered during the contract period. The individual value of the contract is indeterminate and will depend upon the number of contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the services and pricing that best meet their needs in the most practical and economical manner. See Estimated/Specific Quantity Contracts and Participation in Centralized Contracts in Appendix B, OGS General Specifications.

Numerous factors could cause the actual value of the Contract to vary substantially from the historical value.

Such factors include, but are not limited to, the following:

1. Such Contracts will be nonexclusive Contracts

2. There is no guarantee of volume to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases

3. The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand, and actual quantities ordered during the contract period; and,

4. The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates/historical values provided in the Solicitation.

1.4 Glossary

The terms used in this Contract shall be defined in accordance with Appendix B – Definitions. In addition, the following definitions shall apply.

“Authorized User(s)” As defined in Appendix B.

“Authorized User Agreement” means the Purchase Order and/or such other documents memorializing the Contractor’s obligations with respect to a given transaction resulting from an RFQ issued by an Authorized User

“Best Value” means the basis for awarding a contract for services to the Bidder which best optimizes quality, cost and efficiency among Responsive and Responsible Bidders. See State Finance Law § 163(1)(j). Best value may be equated to low price in response to an RFQ.

Contractor Name Contract #XXXXX PAGE 7

“Bidder” shall refer to any business entity who submits a response to this Solicitation. At the time that the Bidder executes a Contract with the State for their services a Bidder shall become a “Contractor.” See also “Contractor.”

“Business Day” means Monday through Friday, excluding Holidays.

“Candidate” shall refer to Level 1 and Level 2 Security Guards and Fire Safety/EAP Directors employed by a Contractor and/or Subcontractor to provide Security Guard and/or Fire Safety/EAP Director Services.

“Contractor” shall refer to a responsive and responsible Bidder who is working under an executed contract with New York State. Contractor is a general term.

“Facility” means any building, and the grounds, parking spaces/garages, walkways/pathways, enclosed areas, access points/gates, and all other physical areas connected to such building which form a contiguously-owned fixed real estate asset.

“Hourly Bill Rate” means the Hourly Bill Rate the Contractor is permitted to charge an Authorized User for one Candidate for one hour. This is inclusive of all costs incurred by Contractor to provide a Security Guard and/or Fire Safety/EAP Director under and Authorized User Agreement.

“Master File” means an electronic file maintained by Contractor for each Candidate. The Master File must include for each Candidate a resume, qualifications, certifications, licenses, and background checks.

“Maximum Not-to-Exceed Daily Vehicle Bill Rate” means the most (in dollars) a Contractor may ever quote in response to an Authorized User RFQ for a Contractor to provide a vehicle for daily use on this contract for a particular engagement as specified in Attachment 1 - Pricing .

“Maximum Not-to-Exceed Hourly Bill Rates” means the most (in dollars) a Contractor may ever quote in response to an Authorized User RFQ for an hour worked by a Candidate on this contract for a particular job title, county, region, time period (e.g. overtime), etc. as specified in Attachment 1 - Pricing and Section 1.1, Scope and Overview. The Maximum Not-to-Exceed Hourly Bill Rates for Level 2 Security Guards must exceed the rates bid for Level 1 Security Guard Maximum Not-to-Exceed Hourly Bill Rates in the same Region.

“Maximum Not-to-Exceed Training Bill Rate” means the most (in dollars) a Contractor may ever quote in response to an Authorized User RFQ for a Contractor to provide a training course (AED, CPR, HIPPA and OSHA) to a Candidate on this contract for a particular engagement as specified in Attachment 1 - Pricing .

“May” denotes the permissive in a contract clause or specification. “May” does not mean “required.” Also see “Shall” and “Must.”

“Must” denotes the imperative in a contract clause or specification. “Must” is synonymous with “required.” Also see “Shall” and “May.”

“n/a” is a common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“New York State Department of Labor (NYS DOL)” – means the Department of the New York State Executive Branch charged with determining the rates and classifications for Public Work and publishing the Prevailing Wages and Supplemental Benefits.

“New York City Comptroller (NYC Comptroller)” – Means the elected official in the City of New York charged with determining and publishing the rates and classification for NYC Building Services, including, but not limited to, Security Guard and Fire Safety/AED Director Services for New York City Agencies and NYC Local Authorities within the Five Counties (Boroughs) of Bronx, Kings, New York, Queens, and Richmond.

“NYS Vendor ID” is a ten-character identifier issued by New York State when a vendor is registered on the Vendor File.

“Overtime Hourly Bill Rate” means the hourly bill rate the Contractor is permitted to charge an Authorized Users for work above the Straight Time Hourly Bill Rate where the Security Guard and/or Fire Safety/EAP Director works more than eight hours a day or forty (40) hours a week upon the request of an Authorized User.

“Prevailing Wage Rate” means that part of the requirements of Article 9 (Sections 230-239) of the New York State Labor Law, which requires public work Contractors and Subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplementals (fringe benefits) in accordance with prevailing practices in the locality where the work is performed.

Contractor Name Contract #XXXXX PAGE 8

“Procurement Services” means a division of the New York State Office of General Services which is authorized by law to issue centralized, statewide contracts for use by New York agencies, political subdivisions, schools, libraries and others authorized by law to participate in such contracts.

“Purchasing Card (P-Card)” is a method of procuring and settling the purchase of goods and services.

Purchasing Card usage fees are not permitted to be charged by Contractors or Subcontractors.

“Reclassification of Job Titles” means a situation where the NYS DOL and/or NYC Comptroller issues an opinion, determination, judgment, classification, order, etc. which results in a job title being classified as public work or an adjustment to the required pay classification which was not part of the published prevailing wage rate schedule (and hence the awarded pricing) at the time of the bid.

“Region” means the grouping of counties by the State listed in Section 1.2, Regions.

“Request for Quote (RFQ)” refers to the document issued by the Authorized User and used to solicit pricing/technical proposals from Centralized Contractors at the time of purchase.

“Shall” denotes the imperative in a contract clause or specification. “Shall” is synonymous with “required.” Also see “Must” and “May.”

“Straight Time Hourly Bill Rate” means the hourly bill rate the Contractor is permitted to charge an Authorized User for one Candidate for one hour. This is inclusive of all costs incurred by the Centralized Contractor to provide a Security Guard and/or Fire Safety/EAP Director to an Authorized User. This rate must be equal to or less than the Maximum Hourly Bill Rate.

“Supplemental Benefit” see above definition of “Prevailing Wage Rates.”

“Written / Written Communication” makes use of the written word. Examples of written communications include e-mail, Internet websites, letters, proposals, and contracts.

“0 (Zero)” is both a number and the numerical digit used to represent that number in numerals. It is the integer immediately preceding 1 (one).

1.5 Appendix A

Appendix A, Standard Clauses For New York State Contracts, dated January 2014, attached hereto, is hereby expressly made a part of this Contract as if set forth at length herein.

1.6 Appendix B

Appendix B, Office of General Services General Specifications, dated April 2016, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A.

1.7 Appendix C

Appendix C, Contractor Information, is hereby expressly made a part of this Contract as fully as if set forth at length herein.

1.8 Attachments

Attachments 1-5, attached hereto, are hereby expressly made a part of this Contract as fully as if set forth at length herein.

1.9 Conflict of Terms and Conditions

Conflicts between documents shall be resolved in the following order of precedence:

1. Appendix A (January 2014);

2. This document;

3. Appendix B (April 2016); and

4. All other appendices and attachments to the Contract.

Contractor Name Contract #XXXXX PAGE 9

SECTION 2 TERMS AND CONDITIONS

2.1 Performance and Bid Bonds

There are no bonds for this Contract. The Commissioner of OGS has determined that no performance, payment or Bid bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the Contract shall be required at any time during the Term of the resulting Contract.

2.2 New York State Tax Law §5-a

Tax Law §5-a requires certain Contractors awarded state Contracts for commodities, services and technology valued at more than $100,000 to certify to NYS Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to Contracts where the total amount of such Contractors’ sales delivered into New York State is in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and Subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made.

A Contractor is required to file the completed and notarized Form ST-220-CA with the Bid to OGS certifying that the Contractor filed the ST-220-TD with DTF. Only the Form ST-220-CA is required to be filed with OGS. The ST-220-CA can be found at https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf The ST-220-TD can be found at https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf. Contractor should complete and return the certification forms within five (5) business days of request (if the forms are not completed and returned with Bid submission). Failure to make either of these filings may render a Contractor non-responsive and non-responsible. Contractor shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. The ST-220-TD only needs to be filed once with DTF, unless the information changes for the Contractor, its affiliates, or its Subcontractors.

Vendors may call DTF at 518-485-2889 with questions or visit the DTF web site at https://www.tax.ny.gov/ for additional information.

2.3 New York State Reserved Rights

New York State reserves the right, in its sole discretion, to:

1. Reject any or all Bids received in response to the Solicitation;

2. Withdraw the Solicitation at any time at the sole discretion of the State;

3. Make an award under the Solicitation in whole or in part;

4. Disqualify any Bidder whose conduct and/or Bid fails to conform to the requirements of the

Solicitation;

5. Seek clarifications and revisions of the Bid,

6. Amend the Solicitation prior to the Bid opening to correct errors or oversights, or to supply additional information as it becomes available;

7. Direct Bidders, prior to the Bid opening, to submit Bid modifications addressing subsequent

Solicitation amendments;

8. Change any of the schedule dates with notification through the NYS Contract Reporter;

9. Eliminate any mandatory, non-material requirements that cannot be complied with by all prospective

Bidders;

10. Waive any requirements that are not material;

11. Utilize any and all ideas submitted in the Bids received;

12. Adopt all or any part of a Bidder's Bid in selecting the optimum configuration;

13. Negotiate with a Bidder within the Solicitation requirements to serve the best interests of the State.

This includes requesting clarifications of any or all Bids;

14. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Bidder’s Bid and/or to determine a Bidder’s compliance with the requirements of the Solicitation;

15. Select and award the Contract to other than the selected Bidder in the event of unsuccessful negotiations or in other specified circumstances as detailed in the Solicitation;

16. Accept and consider for Contract award Bids with non-material Bid Deviations or non-material Bid defects such as errors, technicalities, irregularities, or omissions;

17. Use any information which OGS obtains or receives from any source and determines relevant, in OGS’s sole discretion, for the purposes of bid evaluation and Contractor selection;

18. Consider a proper alternative where an evidently incorrect reference/parameter/component/product/model/code number is stated by the State or the Bidder;

19. Reject an obviously unbalanced Bid as determined by the State;

https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.tax.ny.gov/

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20. Conduct Contract negotiations with the next responsible Bidder, should the Agency be unsuccessful in negotiating with the selected Bidder;

21. To, make an award within a Region where there are less than three responsive and responsible Bidders or where the Maximum Not-to-Exceed Bill Rates are too low to be sustained for the term of the Contract plus any renewals and extensions or too high as to be within the realm of possible price reasonableness as determined solely by OGS;

22. Make no award for any Service, Region, as applicable, for reasons including, but not limited to, unbalanced, unrealistic or excessive Bidder pricing, a change in Authorized User requirements and/or Services, or an error in the Solicitation (e.g., use of incorrect reference, description, etc.). In such case, evaluation and ranking of Bids may be made on the remaining Services, Regions;

23. Offer a Bidder the opportunity to provide supplemental information or clarify its Bid, including the opportunity to explain or justify the balance, realism, and/or reasonableness of its pricing;

24. Award Contracts on a rolling or staggered start basis, either in whole or in part. Contracts awarded in this method shall be coterminous with the first Contract awarded as a result of this Solicitation.

2.4 Authorized User Reserved Rights

The Authorized User shall have all the same reserved rights as the State, set forth in Section 2.3. In addition, to the above reserved rights, the Authorized User shall have the following additional reserved rights:

1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote Form;

2. To add requirements to the RFQ and resulting Authorized User Agreement that are more advantageous than the terms and conditions established within the Centralized Contract;

3. To disallow Subcontractors proposed to be used by the Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site.

4. To, in the event of an unanticipated or expedited need for services and the RFQ process provided for in the Contract will not allow the Authorized Users to meet such unanticipated or expedited need for services, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document the nature of the unanticipated or expedited need for services and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completed;

5. To request the Contractor’s insurance policy language for purposes of substantiating compliance with Attachment 2 - Insurance Requirements, or such other Insurance Requirements, as required by the Authorized User as part of an RFQ;

6. Conduct Contract negotiations with the next responsible Contractor responding to an RFQ, should the Authorized User be unsuccessful in negotiating with the selected Contractor, and

7. To, in the event of two or more tied quotes in response to an RFQ where Financial/Cost had a weight of 100%, ask each Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award.

8. If, in the first six months from the RFQ due date, a Contractor is unable to fulfill the terms of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services.

9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all of the following conditions are met:

a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ; and

b. Such terms and conditions do not contradict or violate any of the terms and conditions of the Contract, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and

c. Such terms place no additional liability or responsibility on the Authorized User or the State;

and

b. The Authorized User acknowledges in writing that it accepts such additional terms and conditions.

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10. To request a replacement Candidate if a previously selected/assigned Candidate is deficient in the performance of an assignment. The Authorized User has the right to approve all replacements and substitute Candidates.

2.5 Contract Period and Renewal

The Contract(s) awarded shall be in effect for a term of five years commencing on January 24, 2019. All Contract(s) will be coterminous on January 23, 2024. If mutually agreed between OGS and the Contractor, the Contract may be renewed under the same terms and conditions for up to four additional years.

2.6 Short Term Extension

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension. In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, this extension automatically terminates should a replacement Contract be issued in the interim.

2.7 Periodic Recruitment

This Solicitation allows for periodic recruitment of additional Contractors during the term of the Contract.

Recruitment periods are optional at the discretion of the State. Additional recruitment periods will be advertised in the NYS Contract Reporter. Bidder must register with the New York State Contract Reporter at https://www.nyscr.ny.gov in order to receive notifications regarding any periodic recruitments under this Solicitation. Bids shall be evaluated under substantially the same terms and conditions as the original Bids.

Bidders shall also be required to submit necessary documentation for any additional applicable statutory requirements in effect at the time of the new Solicitation.

Once awarded a Contract, a Contractor may not resubmit a Bid for future consideration for Regions already awarded to the Contractor under this Solicitation. In addition, if a Bid is deemed non-responsive during the initial Solicitation or any subsequent recruitment period, a Bidder cannot reapply for a future Contract until the next recruitment period.

2.8 Procurement Instructions

Authorized Users must use the procedure detailed in Attachment 4 – Request for Quote Form, for selecting a Contractor. Request for Quotes will be sent to Contractors within the Region that the services detailed in this Solicitation are to be performed. A Request for Quote process must be performed for all transactions made under this Contract except as detailed in Section 2.4(4). An Authorized User shall issue an Authorized User Agreement (Purchase Order, P-Card transaction or other written order for work to the winning Contractor), which is effective and binding on the Contractor at time of order in accordance with Appendix B §45. The Authorized User Agreement shall contain the total exact or estimated cost, if an exact cost cannot be determined at that time. A Contractor shall not initiate services until the Authorized User Agreement is issued, and an Authorized User shall not request performance of services until the Authorized User Agreement has been issued. Authorized User Agreements may be issued for up to a five (5) year period so long as the Authorized User Agreement is issued within the term of the Centralized Contract. An Authorized User Agreement that goes beyond the end of a fiscal year for a state agency will require a purchase order change notice to be implemented in the Statewide Financial System to authorize payments after the end of the prior fiscal year. Change notices are also allowed for up to two (2) years, upon both parties’ agreement. Blanket Purchase Orders may be used for either an exact, or estimated number of hours at a set rate for a certain time period, specific to a Region and title.

2.9 Rates

Contractor shall provide to the Authorized User, in response to an RFQ, personnel at the quoted hourly bill rates which shall not be less than the cost of the applicable prevailing wage rate including all supplemental benefits and other legal requirements. The Authorized User shall obtain and provide in the RFQ a PRC# for the applicable prevailing wage, which is based upon the date, job title and county within which the work is to be performed as identified at: https://applications.labor.ny.gov/wpp/publicViewPWChangesArt9.do?method=showIt If the straight time hourly bill rate proposed by a Contractor is less than the applicable prevailing wage plus all supplemental benefits required to be paid, the Authorized User shall advise the Contractor that it is ineligible to provide the requested services and cannot be awarded the services under the Authorized User’s RFQ.

An Authorized User subject to a local law, such as the “living wage” requirement as found in Section 6-109 of https://www.nyscr.ny.gov/ https://applications.labor.ny.gov/wpp/publicViewPWChangesArt9.do?method=showIt%20%20

Contractor Name Contract #XXXXX PAGE 12 the New York City Administrative Code, is required to ensure the Contractor sought to be hired complies with such local law at the time of RFQ award. If the hourly bill rate(s) proposed by a Contractor for a job title(s) as set forth in Attachment 1 - Pricing or in response to an RFQ, are less than the local law then the Authorized User subject to such local law cannot use that Contractor for the requested services. Compliance with such local laws will not be monitored by OGS. Therefore, Authorized Users are responsible for ensuring compliance with any applicable local laws upon evaluation and during the award of the RFQ.

2.9.1 Prevailing Wage Rates - Public Works and Building Services Contracts This Contract is subject to the prevailing wage rate provisions of New York State Labor Law. See "Prevailing Wage Rates - Public Works and Building Services Contracts" in Appendix B, OGS General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility, rejection of bid in response to an Authorized User RFQ, suspension or termination of Contract.

2.9.2 Overtime Pay and Bill Rates

The overtime work assumes the Security Guard and/or Fire Safety/EAP Director has worked an eight (8) hour day or forty (40) hour week for the Authorized User. If a Security Guard and/or Fire Safety/EAP Director is performing work for more than one Authorized User, the Contractor shall inform each of the Authorized Users of the Security Guard and/or Fire Safety/EAP Director’s schedule and actual hours worked so that all parties are aware of when the Security Guard or Fire Safety/EAP Director will reach eight (8) hours a day or forty (40) hours a week worked and at what point overtime rates would begin.

The Contractor is responsible for scheduling to ensure no Security Guard and/or Fire Safety/EAP Director is working shifts which would require the payment of overtime, unless an Authorized User either:

1. Requests a change to a previously agreed to purchase/work order with less than five (5) business day notice to the Contractor, or

2. Requests a non-engaged Contractor to provide new service with less than ten (10) business day notice; and

3. Such request results in a Security Guard and/or Fire Safety/EAP Director working more than the (8) hours a day or forty (40) hours a week. Then, the Contractor shall bill the Authorized User at (or below) the overtime hourly bill rate quoted and the Contractor shall pay the Security Guard and/or Fire Safety/EAP Director the overtime pay rate.

In addition, should an Authorized User require the Security Guard or Fire Safety/EAP Director to remain on site past regularly scheduled business hours to accommodate Authorized User’s processing or handling of client, customer or employee needs, Authorized User shall be responsible for paying the Overtime Hourly Bill Rate for such request.

For all other situations, should the Contractor fail to properly schedule the Security Guards and/or Fire Safety/EAP Directors to avoid the occurrence of overtime, the Contractor will be responsible for paying the Security Guards and/or Fire Safety/EAP Directors the overtime pay rate, but the Contractor shall only be permitted to bill the Authorized User at the Straight Time Bill Rate.

2.9.3 Holiday Hourly Bill Rates

The NYS DOL Prevailing Wage Rate schedule for Region 1 requires Contractors to pay Security Guards who have worked for the Contractor for at least a year for eight Holidays (Memorial Day, Fourth of July, Labor Day, New Year’s Day, Thanksgiving, Christmas, Presidents Day and Martin Luther King Day), and pay Fire Safety/EAP Directors who have worked for the Contractor for at least a year for ten Holidays (Memorial Day, Fourth of July, Labor Day, New Year’s Day, Thanksgiving, Christmas, Good Friday, Columbus Day, Day after Thanksgiving, and Presidents Day) but the Candidate is not required to perform work on those holidays. If a Candidate in Region 1 works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed.

Contractors may bill Authorized Users at the straight time hourly bill rate agreed to for Holiday

For all other regions, Authorized Users are not required to pay for Holidays not worked. If an Authorized User requires guard service on a NYS Legal Holiday, the Authorized User will include this as an additional requirement in the RFQ and request a Holiday Hourly Bill Rate.

Contractor Name Contract #XXXXX PAGE 13

2.10 Price Adjustments

The Maximum Not-to-Exceed Bill Rates, Maximum Not-to-Exceed Vehicle Bill Rates, and Maximum Not-to- Exceed Training Bill Rates bid shall be the established pricing structure and shall not be increased for the life of the Centralized Contract with the exception of changes to the Prevailing Wage and Supplemental Benefit rates. Whenever an updated Prevailing Wage Rate and Supplemental Benefit is published by NYS DOL or the NYC Comptroller and becomes effective, OGS shall update all Contractors’ Maximum Not-to-Exceed Hourly Straight time and Overtime Bill Rates to reflect the total percentage change, increase or decrease, of the Prevailing Wage Rate plus the Supplemental Benefit rate. For Region 1, OGS will use the greatest increase or decrease in a Prevailing Wage Rate service category to calculate the adjustment. The pricing page on the OGS website will automatically compute the updated total hourly bill rate. Authorized Users will subsequently adjust the rates charged by Contractors for specific engagements by the same percentages approved by OGS.

For example, for Level 1 Security Guards, the current straight time Prevailing Wage Rate plus Supplemental Benefit Rate equals $20.50. The new Prevailing Wage Rate plus Supplemental Benefit Rate equals $21.25. The calculation for percent increase is $21.25 - $20.50 = $0.75 Then $0.75/$20.50 = .03658 x 100 = a 3.7% increase. The Contractor’s Maximum Not-to-Exceed Hourly Bill Rate for straight time and overtime would be increased by 3.7%. OGS would adjust their Straight Time Hourly Bill Rate to Authorized Users by 3.7%. Since there is no Prevailing Rage Rate schedule for Level 2 Security Guards, OGS shall increase the Level 2 Straight Time Hourly Bill Rate and the Overtime Hourly Bill Rate by the same percent adjustment that was done for Level 1 Security Guards.

2.11 Invoicing and Payments

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B, Contract Invoicing and Prevailing Wage Rates – Public Works and Building Services Contracts. Invoices shall be submitted monthly.

Invoices must include, at a minimum, the following information:

1. Contractor Name

2. Contractor Billing Address

3. Contractor Federal ID Number

4. NYS Vendor ID Number

5. Account Number

6. NYS Contract Number

7. Name of Authorized User indicated on the Purchase Order

8. NYS Agency Unit ID (if applicable)

9. Authorized User’s Purchase Order Number

10. Order Date

11. Invoice Date

12. Invoice Number

13. Invoice Amount

14. Service Description (Security Guard 1, Security Guard 2, Fire Safety/EAP Director, Daily Vehicle

Use, Additional Training fee, etc.)

15. Names of all Candidates providing services. The name of each Candidate must match the name on their respective NYS Security Guard or Fire Safety/EAP Director license/certification.

16. Candidate Title

17. License ID Number

18. Date(s) worked

19. Hour(s) worked

20. Hire Date or Service Credit Date, whichever is earlier for each Guard and Fire Safety/EAP Director

21. Hourly Billing Rate

22. Service location

2.12 Certified Payroll Records

Contractor shall maintain a certified payroll record for each Candidate and submit the certified payroll to the Authorized User within three business days of the Authorized User’s request. At a minimum, certified payrolls must contain all information as required in the sample provided by NYS Department of Labor (DOL) at:

https://www.labor.ny.gov/workerprotection/publicwork/PDFs/PW-12%20Contractor%20Payrolls%20Cert%20.pdf

To substantiate the certified payroll and invoice, copies of paychecks, W-2s, and time sheets must be https://www.labor.ny.gov/workerprotection/publicwork/PDFs/PW-12%20Contractor%20Payrolls%20Cert%20.pdf

Contractor Name Contract #XXXXX PAGE 14 submitted to the Authorized User and/or the State upon request. If Subcontractors are used by the Contractor on an Authorized User’s site, the agreement between the Contractor and Subcontractor must be submitted upon request. Authorized User may request additional documentation to support a payment, including, but not limited to, documentation to substantiate the hire dates and/or service credit dates used, such as Personnel records, and documentation to substantiate legal names and current licenses/certifications.

2.13 Security Guard Level 1 and Level 2 Requirements and Responsibilities

2.13.1 Level 1 Security Guard Mandatory Requirements

The Contractor shall provide Security Guards that meet the following requirements:

1. High School Diploma or GED

2. Minimum six months’ experience as a New York State Department of State (DOS) registered

Security Guard

3. Minimum 18 years of age

4. Able to communicate with visitors and prepare incident reports in English

5. Able to speak, read and write in English

6. Physically capable of performing the essential duties of the position, with or without reasonable accommodation.

7. Have a valid and current DOS Security Guard registration

8. Have a copy of the current DOS Photo ID card and Certification of Compliance (Attachment 5) on file with Contractor

9. Completed all DOS registration and DCJS Security Guard training

10. Any additional site-specific requirements as determined by the Authorized User

11. Any additional specific training and certifications such as AED (Automated External Defibrillator) as determined by the Authorized User

2.13.2 Level 2 Security Guard Mandatory Requirements

The Contractor shall provide Security Guards that meet the following requirements:

1. All mandatory requirements for Level 1 Security Guards

2. One or more of the following:

a. Two years of prior Military experience on active duty, and no type of military discharge that renders such Security Guard unsuitable for the position for which he or she is intended.

b. Two years of experience as a member of the National Guard or Military Reserves

c. Two years of full-time experience as a Police Officer, Probation Officer or Corrections

Officer

d. Three years of full-time experience as a DOS registered New York State Security Guard

e. Two years of experience as a Security Guard Supervisor

f. An Associate’s or Bachelor’s degree in Criminal Justice

3. Any additional site-specific requirements as determined by the Authorized User

4. Any additional specific training and certifications such as AED (Automated External Defibrillator) as determined by the Authorized User.

2.13.3 Responsibilities for Level 1 and Level 2 Security Guards

1. Visibly display the DOS Photo ID on the Security Guard's person at all times while on duty

2. Protect and/or prepare offices, buildings, grounds and occupants against potential incidents and evacuations which may include but is not limited to fire, disruptive activity, violent storm, vandalism, theft, loitering, trespass, burglaries, unlawful entry, bodily harm, building system malfunctions and deficiencies, etc.

3. Report any serious incidents promptly to the police, fire agency or appropriate emergency personnel for response. As necessary sound any mechanical or electronic alarms in order to alert responsible parties to potential danger.

4. Document any issues in logbook

5. Review logbook for issues that may have occurred on a previous shift and may require action.

Action may include advising the appropriate Security Guard(s) of the reported potential risks and responsibilities.

6. Monitor and protect all entrances including, but not limited to, checking ID’s, ensuring visitors sign-in and sign-out, issuing passes, observe and screen visitors, escort duties, etc.

7. Issue identification cards, and visitor passes; and maintain the integrity of such identification systems

Contractor Name Contract #XXXXX PAGE 15

8. Operate detection equipment to screen individuals and prevent passage of prohibited articles into restricted areas

9. Operate and monitor security devices such as video cameras, and related accessories; and report any malfunctions immediately to the proper supervisor

10. Confiscate contraband and or distribute receipts to persons for items such as weapons, tools, scissors and other prohibited items. Log all items and report incidents to Facility Management for appropriate action.

11. Perform routine internal and external walking tour of the building to assure that all entrances and grounds are secured and log any changes or issues

12. Inspection of all fire suppression equipment including, but not limited to, extinguishers, emergency lights, and fire hoses on a monthly basis to ensure good working order. If a deficiency is identified, the Security Guard must immediately inform the Authorized User.

13. Raise and lower flags

14. Ensure compliance of building rules including, but not limited to, restricting food or drinks in a

Facility, cell phone restrictions, etc.

15. Attempt to diffuse situation with hostile persons or escort unruly or disruptive persons from premises. If the effort is unsuccessful, call the appropriate emergency contacts.

16. Report directly to Facility Management at Authorized User location

17. Must be able to communicate with law enforcement personnel, other State and city agencies as well as Facility management

18. Interface with third parties including, but not limited to, building security (i.e. New York State

Troopers), emergency…