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Washington County, OR - Request for Proposal for Security Enhancement at the Washington County Courthouse

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Washington County, OR
Request for Proposals - Security Enhancement at the Washington County Courthouse

    Washington County, Oregon is requesting proposals from qualified firms to provide entrance screening personnel to enhance security at the Washington County Courthouse, Justice Services Building, Juvenile Services Building and Sheriff's Office.

    TABLE OF CONTENTS

    LETTER ......1
    COPY OF LEGAL ADVERTISEMENT 2
    SPECIAL INSTRUCTIONS 3-10
    1.0 PROPOSED TIMELINES 3
    2.0 PRE-PROPOSAL CONFERENCE 3
    3.0 GUIDELINES FOR PROPOSAL SUBMITTAL 3-4
    4.0 EVALUATION CRITERIA AND SELECTION PROCESS
    4-5
    5.0 FORM OF CONTRACT 5
    6.0 CONTRACT ADMINISTRATION 5
    7.0 INTERPRETATIONS AND ADDENDA 5
    8.0 TERM OF AGREEMENT 5-6
    9.0 PRICING
    6
    10.0 FIRM'S EXPERIENCE AND RELIABILITY
    6-7
    11.0 EXPERTISE OF FIRM'S PERSONNEL
    7
    12.0 PROPOSED METHOD OF PERFORMANCE
    7
    13.0 FIRM/FIRM'S PERSONNEL
    7
    14.0 FIRM'S FACILITIES AND CONTACT PERSON(S)
    7
    15.0 PUBLIC RECORDS 8
    16.0 INVESTIGATION OF REFERENCES 8
    17.0 PROJECT STARTUP 8
    18.0 CERTIFICATE(S) OF INSURANCE 9
    19.0 INDEMNIFICATION AND INSURANCE 9
    20.0 PAYMENTS 9-10
    21.0 CONTRACT REQUIREMENTS 10
    22.0 BUSINESS LICENSE 10
    23.0 CONFLICT IN DOCUMENTS 10
    PROJECT PROPOSAL INFORMATION 11-27
    1.0 GENERAL INFORMATION 11
    2.0 INTRODUCTION
    11-12
    3.0 PRELIMINARY BACKGROUND INVESTIGATIONS 12
    4.0 GENERAL SCREENING PROCEDURES 13
    5.0 PERSONS
    13-14
    6.0 HAND CARRIED ITEMS 14
    7.0 GENERAL CONDITIONS
    14-15
    8.0 ENTRANCE CONTROL 16-18
    9.0 SCREENING OF DISABLED PERSONS 18
    10.0 RELIGIOUS ARTICLES
    18
    11.0 LOST AND FOUND
    18
    12.0 TOUR OF DUTY 19
    13.0 USE OF ALCOHOL AND OTHER SUBSTANCES
    19
    14.0 EMERGENCIES 19
    15.0 OVERTIME 20
    16.0 DUTIES AND STANDARDS
    20-24
    17.0 ESO REPORTS
    24
    18.0 ESO QUALIFICATIONS 25
    19.0 SPECIAL PROVISIONS
    26
    20.0 MISCELLANEOUS INFORMATION
    26
    21.0 FEES
    27
    CERTIFICATION AND CONTRACT OFFER 28
    PROPOSAL QUALIFICATIONS AND REFERENCE FORM 29-31
    ATTACHMENT A: GENERAL INSTRUCTIONS TO PROPOSERS
    ATTAHCMENT B: SAMPLE STANDARD AGREEMENT

#98127P

August 27, 1998

Dear Reader:

Washington County is requesting proposals from qualified firms to provide entrance screening personnel to enhance security at the Washington County Courthouse, Justice Services Building, Juvenile Services Building and Sheriff's Office.

A Request for Proposals (RFP) was initially released in January 1998 but was not awarded. St. Vincent dePaul, a qualified rehabilitation firm (QRF), expressed interest in this agreement for entrance-screening personnel. Oregon Revised Statutes 279.850-279.855 requires public agencies in the state to utilize QRF's, if they can provide the service as required. The process to determine St. Vincent dePaul's qualifications took considerably longer than originally anticipated. However, the County has determined that St. Vincent dePaul does not currently have the level of experience required by the County.

If you have any questions regarding the scope of this proposal, please call Margaret Renard, Business Services Manager, Sheriff's Office, at (503) 846-2530.

If you have any questions on this Request for Proposal process or other matters pertaining to the format of this project, please contact Leslie A. Johnson, Senior Buyer, (503) 648-8736.

Thank you for your time and interest.

Sincerely,

Leslie A. Johnson CPPB

Senior Buyer

COPY OF LEGAL ADVERTISEMENT

    WASHINGTON COUNTY, OREGON

    REQUEST FOR PROPOSALS

    (NO. 98127P)

Notice is hereby given that Washington County, Oregon is requesting sealed proposals from qualified firms to provide entrance screening personnel to enhance security at the Washington County Courthouse, Justice Services Building and Juvenile Services Building. Entrance security personnel will be used for inspections and screening of persons and hand-carried items entering the Washington County Courthouse, Justice Services Building, Juvenile Services Building and Sheriff's Office.

Proposals must be received by 3:00 P.M., Friday, September 18, 1998 in the Support Services/Purchasing Division, Public Services Building, Suite 320, 155 North First Avenue, Hillsboro, OR 97124. Proposals received after the designated time and date will be returned unopened.

The County may reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposals upon a finding of the County it is in the public interest to do so.

Copies of the Request for Proposals document are available by calling the Vendorline at (503) 844-8275

The Washington County Board of Commissioners reserves the right to reject any and all proposals and to waive any and all informalities in the best interest of the County.

Dated this 27th day of August 1998.

Leslie A. Johnson

Senior Buyer

Published: August 28, 1998

        Daily Journal of Commerce

Posted: August 28, 1998

        Public Services Building

SPECIAL INSTRUCTIONS

PROPOSAL TITLE: ENTRANCE SECURITY PERSONNEL SERVICES (#98127P)

PROPOSAL DUE DATE: 3:00 P.M., FRIDAY, SEPTEMBER 18, 1998

In addition to the enclosed project/proposal information and general instructions, the following special instructions apply to this proposal only.

1.0 PROPOSED TIMELINES

    August 27, 1998 : RFP Released

    September 18, 1998 : Deadline for Submission of

          Proposals

October 20, 1998 : Award of Contract (tentative)

November 1, 1998 : Commencement of Service

The County reserves the right to modify this schedule at the County's discretion. Proper notification of changes in the response due date will be made to all interested parties.

2.0 GUIDELINES FOR PROPOSAL SUBMITTAL

      2.1 To be considered for this project, the prospective proposer must submit four (4) copies of its complete proposal, including one copy clearly marked as the original, to Leslie A. Johnson, Senior Buyer, 155 North First Avenue, Suite 320, Hillsboro, Oregon 97124. Proposals must be received no later than 3:00 P.M., Friday, September 18, 1998. A person authorized to bind the proposer to the proposal must sign the Contract and Certification Offer.

      2.2 Each submittal shall contain the following:

            A. Signed and dated Certification and Contract Offer sheet.

B. Proposer Qualifications and References sheet.

        C. A statement of the insurance coverage your firm has in effect or can obtain for this agreement. (See General Instructions, Article 21.)

        D. Fee Schedule for services to be provided.

        E. Qualifications of firm/firm's personnel who will be responsible to perform the services.

SPECIAL INSTRUCTIONS

Continued

    NOTE: FAILURE TO SUBMIT ANY OF THE ABOVE REQUIRED ITEMS (A-E) MAY BE GROUNDS FOR REJECTION OF THE SUBJECT PROPOSAL RESPONSE.

3.0 EVALUATION CRITERIA AND SELECTION PROCESS

      3.1 All proposals received will be reviewed by staff based on the following criteria. Each evaluation criteria has been given points based on its relative value to the scope of work as a whole. The criteria and the associated points are as follows:

 

CRITERIA

POINTS

A.

Adequacy and Completeness of the Proposal with regard to the information specified in the RFP, i.e., compliance with terms, conditions and other provisions contained in the RFP

15

B.

Cost of the Services

50

C.

Qualifications (prior court or police officer experience; individual background checks; references)

25

D.

Previous Background and experience relevant to this RFP

15

 

TOTAL POINTS

100

      3.2 The two or three firms that are judged to be best able to meet the needs of the County may be invited to participate in an interview. In addition, the selection process will include psychological screening and background investigations. A contract will be entered into with the proposer, who, in the Evaluation Committee's judgment, is best qualified based on their overall evaluation of the written proposal and oral presentation.

      3.3 After the above activity has occurred, a single firm will be identified and a recommendation will be presented to the Board of Commissioners for their consideration. After the Board's action, the firm and the County will enter into a standard County Agreement incorporating the terms and conditions of the RFP and the response of the successful firm.

      3.4 Washington County reserves the right to consider past performance, historical information and fact, whether gained from the firm's proposal, question and answer conference, references, or any other source in the evaluation process.

      3.5 The firm is cautioned that it is the firm's sole responsibility to submit information related to the evaluation categories, and that Washington County is under no obligation to solicit such information if it is not included within the firm's proposal. Failure by the firm to submit such information may cause an adverse impact on the evaluation of the firm's proposal.

SPECIAL INSTRUCTIONS

Continued

      3.6 In the event that only one proposal is received in response to this RFP, Washington County reserves the right to negotiate the terms and conditions, including the cost, as proposed in the sole firm's proposal. In addition, as part of such negotiations, Washington County reserves the right to require supporting cost, pricing and other data from the firm in order to determine the reasonableness and acceptability of the proposal.

4.0 FUNDING

    4.1 The Entrance Security Services are funded by the Court Security Fund. The Court Security Fund receives a percentage of fines from municipal courts in the County and the Tigard Justice Court, as mandated by state law. The fund is barely holding its own. As a result the cost portion of the evaluation criteria has been increased from 15% to 50% (reference Section 3.0). Cost is very important to the County.

5.0 FORM OF CONTRACT

      5.1 A copy of the contract that substantially conforms to what the successful firm will execute is included as Attachment B. The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents. Firms taking exception to any of the contract terms must indicate the same in their proposals or any exceptions will be deemed waived.

6.0 CONTRACT ADMINISTRATION

      6.1 This contract will be administered by Margaret Renard, Business Services Manager, Sheriff's Office.

      6.2 Only the contract administrator or their designee shall make requests for services, orally or in writing.

7.0 INTERPRETATIONS AND ADDENDA

      7.1 ALL questions regarding the project/proposal information shall be directed to Margaret Renard, (503) 846-2530. If necessary, interpretations or clarifications in response to such questions will be issued by addenda to all parties recorded by the Senior Buyer as having received the proposal documents. Questions received less than five working days prior to the due date may not be answered. ONLY QUESTIONS ANSWERED BY FORMAL WRITTEN ADDENDA WILL BE BINDING. Oral and other interpretations or clarifications will be without legal effect.

SPECIAL INSTRUCTIONS

Continued

      7.2 All other questions should be directed to Leslie A. Johnson, Senior Buyer (503) 648-8736.

      7.3 Addenda may also be issued to modify the proposal documents as deemed advisable by the County.

8.0 TERM OF AGREEMENT

      8.1 The term of this Agreement shall be from date of execution through and including October 30, 2001, with an option to renew for one additional two-year period.

      8.2 The total term of the contract shall not exceed five (5) years.

      8.3 The contract may be terminated, at any time, by either party subject to a 60-day written notice of such termination on the other.

9.0 PRICING

      9.1 The firm must provide pricing for all requirements as set forth in this RFP and indicate such in their proposal. All prices must be shown on the pricing page(s) of this proposal, which must be completed and returned with the firm's proposal.

      9.2 In the evaluation of the firm's proposal, the County reserves the right to consider the value of money and any other economic impact factors as deemed appropriate.

      9.3 Prices shall remain firm for the first year of the agreement (through 10/30/99). Reasonable price changes may be made annually, provided the firm supply satisfactory documentation in advance to Washington County staff for their review and approval prior to any price changes. Any request for a price increase shall be limited to a maximum of three percent (3%) of the original contract price, unless otherwise negotiated with the County in advance. Washington County will evaluate this information to determine if the pricing is considered fair and reasonable. Any agreed-to changes will take effect on July 1, 1999 and shall remain in effect unless later modified. The parties hereto recognize that such changes could be increases or decreases in the price.

10.0 FIRM'S EXPERIENCE AND RELIABILITY

      10.1 Experience and reliability of the firm's organization are considered in the evaluation process. Therefore, the firm is advised to submit any information that documents successful and reliable experience in past performances, especially those performances related to the requirements of this proposal.

SPECIAL INSTRUCTIONS

Continued

      10.2 The firm should provide the following information related to previous contracts that are considered identical or similar to the requirements of this proposal, excluding any contracts with Washington County:

            A. Name, address and telephone number of contracting person who may be contacted for verification of all data submitted.

            B. Dates of the contract and contract dollar value.

C. A brief, written description of the specific prior services performed and requirements thereof.

10.3 The above information may be shown on any form that clearly reflects the required information.

11.0 EXPERTISE OF THE FIRM'S PERSONNEL

      11.1 The qualifications of the personnel proposed by the firm to perform the requirements of this proposal will all be considered in the evaluation. Therefore, the firm shall submit detailed information related to the experience, qualifications and capabilities of the staff proposed to perform ENTRANCE SCREENING SERVICES and other related services.

      11.2 The firm shall provide a vita/resume including at least two (2) references detailing education, qualifications, previous work assignments and experience as may relate to this proposal for key personnel who will be assigned to provide the required services. Certificates and licenses may be included as appropriate.

      11.3 If staff is not yet hired, the firm should provide:

            A. Detailed descriptions of the required employment qualifications, and

            B. Detailed job descriptions of the position to be filled, including the type of individual proposed for hire, along with a copy of the firm's screening/hiring process.

11.4 The firm may utilize miscellaneous reference documents for displaying such information, or may use any other method that reflects the required information.

12.0 PROPOSED METHOD OF PERFORMANCE

      12.1 Proposals will be evaluated based on the firm's distinctive plan for performing the requirements of this proposal in compliance with Washington County requirements.

      12.2 Please describe the services(s) you provide in detail, as it relates to the requirements of this RFP.

      12.3 The firm's detailed plan should be straightforward and limited to facts, solutions to issues, and plans of proposed action.

      12.4 The firm should provide an organizational chart showing the staffing and lines of authority for key personnel within their operation.

13.0 FIRM/FIRM'S PERSONNEL

    13.1 The firm shall have all personnel necessary to perform the services required under this contract and that such personnel shall be qualified, experienced and licensed as required by laws and regulations to provide entrance screening personnel.

SPECIAL INSTRUCTIONS

Continued

14.0 FIRM'S FACILITIES AND CONTACT PERSON (S)

    14.1 The firm shall list on a separate page the name(s), title(s) and telephone number(s) of the contact person(s) as applicable, and the time of day they can be reached. List name, title, telephone and fax numbers of the contact person(s) in case of emergency and the person who will be responsible for administration of this contract.

    14.2 Washington County reserves the right to evaluate the firm's facility to determine capabilities to meet the requirements of this RFP.

15.0 PUBLIC RECORDS

      15.1 This RFP and one copy of each original proposal received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the Support Services/Purchasing Division and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.501(2), each sheet of such information must be marked with the following legend:

              "This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192."

15.2 The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance". ORS 192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

15.3 The above restrictions may not include cost or price information which must be open to public inspection.

16.0 INVESTIGATION OF REFERENCES

    16.1 The County reserves the right to investigate references and the past performance of any proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers.

17.0 PROJECT STARTUP

      17.1 Indicate in your proposal the time necessary to gear up after award and issuance of Notice to Proceed to provide full services required under this contract.

SPECIAL INSTRUCTIONS

Continued

18.0 CERTIFICATE(S) OF INSURANCE

      18.1 As evidence of the insurance coverage required by this contract, the contractor shall furnish Certificate(s) of Insurance to the Sheriff's Office prior to its issuance of a Notice to Proceed. The Certificate(s) will specify all of the parties who are ADDITIONAL INSUREDS (or Loss Payees). Insurance coverage required under this contract shall be obtained from acceptable insurance companies or entities. The contractor shall be financially responsible for all deductibles, self-insured retention and/or self-insurance included hereunder.

      18.2 The apparent successful proposer shall provide all required proof of insurance to the Sheriff's Office within 10 days of notification of award. Failure to present the required documents within 10 days may be grounds for proposal rejection.

19.0 INDEMNIFICATION AND INSURANCE

      19.1 In addition to the insurance requirements detailed in General Instructions to Proposers Section 21 the following applies for this proposal only:

            A. Professional Liability and Medical Malpractice

              Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Professional Liability and Medical Malpractice Insurance covering any damages caused by an error, omission or any negligent acts with miscellaneous coverage covering the release of confidential information. Combined single limit per occurrence shall not be less than $100,000 or the equivalent. Annual aggregate limit shall not be less than $100,000.

            B. "Tail" Coverage

              If any of the required liability insurance is arranged on a "claims made" basis, "tail" coverage will be required at the completion of this contract for a duration of 24 months or the maximum time period the contractor's insurer will provide such if less than 24 months. Contractor will be responsible for furnishing certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage, provided its retroactive date is on or before the effective date of this contract. This will be a condition of the Final Acceptance of Work or Services.

20.0 PAYMENTS

    20.1 The Contractor shall be paid, upon submission of proper instruments as outlined below, the fees stipulated in the proposal for services rendered and accepted, less deductions, if any, as provided.

SPECIAL INSTRUCTIONS

Continued

      a. No claims will be considered for payment until the services are rendered with the exception of solicitations or purchase orders that designate otherwise.

      b. Payments will be made monthly, or as agreed, within 30 days following receipt of any claims supported by an approved invoice.

21.0 CONTRACT REQUIREMENTS

    21.0 If a contractor is unable or unwilling to meet any RFP requirement, an explicit statement to that effect must be made in the proposal as an exception.

22.0 BUSINESS LICENSE

    22.1 The City of Hillsboro requires both a general business license and a supplemental license for private security firms. It is the Contractor's responsibility to comply fully with City of Hillsboro licensing requirements.

23. 0 CONFLICT IN DOCUMENTS

    23.1 Any conflict between or among any of the documents listed below shall be resolved by giving documents precedence in the following order:

        Special Instructions/Project - Proposal Information

        General Instructions to Proposers

        Signed and Completed Proposal

        Sample Agreement

CERTIFICATION AND CONTRACT OFFER

PROPOSAL TITLE: ENTRANCE SECURITY PERSONNEL SERVICES (#98019P)

PROPOSAL DUE DATE: 3:00 P.M., MONDAY, APRIL 20, 1998

1.0 GENERAL INFORMATION

      1.1 Washington County is a suburban county located on the western edge of Portland, Oregon. Its boundaries extend from the City of Portland to the coast range mountains. The current population is approximately 385,000 people. There is a mix of urban, suburban and rural areas. The western half of the County is composed of service industries, light manufacturing, residential and commercial activity. It is relatively densely populated. The western half is primarily farms, and rural settings together with several smaller incorporated and unincorporated cities.

      1.2 The County seat of government is located in Hillsboro, Oregon. The County has experienced substantial growth over the last several years principally in the electronics and high tech industries. Over half of the entire state's population growth in the last five years occurred in Washington County. Most recent projections indicate that the growth will continue and possibly accelerate over the next twenty years. There remains an abundance of buildable land with adequate services available.

      1.3 The County is a home-rule county, governed by five (5) elected Commissioners who appoint a County Administrator as the Chief Executive of the County. There are currently approximately 1,300 employees in all areas of County government.

2.0 INTRODUCTION

    2.1 The Contractor shall provide all management, supervision, manpower, materials, supplies and equipment specified and shall plan, schedule, coordinate, and assure effective performance of security services at the place of performance in accordance with the terms, conditions contained herein.

    2.2 The County may increase or decrease the level of screening by increasing or decreasing the number of Entrance Screening Officers (ESOs) and locations as defined in the Contract Documents.

PROJECT/PROPOSAL INFORMATION

Continued

    2.3 The Contractor shall take all necessary steps to assure that ESO's assigned to this Contract are professionally and personally reliable, of reputable background and sound character, and meet the training and experience requirements stipulated herein. The Contractor shall have the responsibility to assure that all ESOs continue to meet all standards of suitability, conduct, and work performances.

    2.4 The provision of ineligible ESOs or ESOs who do not meet the criteria, who violate the performance standards of the Contract or whose work performance is inadequate in any respect, constitutes Contractor nonperformance. The County shall notify the Contractor, in writing, regarding Contractor nonperformance due to non-suitability or any other deficiency of an ESO.

3.0 PRELIMINARY BACKGROUND INVESTIGATION

    3.1 The Contractor shall conduct a background investigation on all employees to be utilized in the performance of the Contract. The Contractor shall submit a list, to include Name, Address, and Date of Birth, of qualified ESOs to the County 15 days prior to placement of personnel. All replacement personnel shall be subject to the same criteria.

    3.2 The Contractor shall insure that prospective personnel meet or exceed the minimum Background Investigation requirements.

      Minimum Background investigation to include:

          A. Felony Convictions

          B. Misdemeanor Convictions involving Violence, Honesty, and Drugs

          C. Illegal Conduct Involving Moral Turpitude; Acts that reflect conduct that would cause a reasonable person to have substantial doubt about the individual's honesty, fairness, respect for the rights of others or for the laws of this State and of the Nation.

          D. Mental Disorders that would cause the person to be a danger to self or others.

          E. Prior Work History

PROJECT/PROPOSAL INFORMATION

Continued

4.0 GENERAL SCREENING PROCEDURES

    4.1 Equipment:

      a. The County will furnish a x-ray machine, magnetometer, hand-held metal detectors and radios. In the case of hand- helds and radios which are shared by ESOs at the same station, the County shall provide for a system of accountability.

      b. Under no circumstances shall an ESO take any items/equipment from their duty station or from the Courthouse premises unless specifically authorized to do so. ESOs must use County equipment and may not substitute in place of that equipment, personal property or Contractor property without authorization by the County. Any ESO who violates this provision shall be reported to the Contractor and may be subject to immediate removal from duty, disciplinary action, and possible dismissal from the ESO program. This action is in addition to any other remedies available to the County including but not limited to the penalties for theft of property.

      c. The Contractor is responsible for promptly notifying the County when such equipment is malfunctioning. Any equipment that is misused or abused by ESOs shall be repaired and the cost shall be billed to the Contractor for payment.

5.0 PERSONS

    5.1 All persons desiring to pass beyond the screening points must undergo screening. Screening of persons is normally accomplished through the use of metal detectors. Individuals are not permitted to retain any hand-carried items in their possession during screening other than articles of clothing and very small or thin objects such as passes. All indications of unaccounted for metal on an individual's person must be satisfactorily resolved. Only upon satisfactory completion of screening and of the inspection of all hand-carried items may the individual be permitted to pass beyond the screening points.

PROJECT/PROPOSAL INFORMATION

Continued

      a. If a person alarms the metal detection device, a determination must be made that the cause of the alarm is not a weapon or dangerous object. This can be accomplished by a hand-held metal detector or by asking the individual to remove extraneous metal from their person and passing through the walk-through detector.

            b. Every person has the option to refuse screening. Persons who refuse to be screened will be denied passage beyond the screening points.

6.0 HAND CARRIED ITEMS

    6.1 All carry items passing through the screening points shall be screened. The inspection should be thorough but not unreasonable. Should a person refuse to permit inspection of any hand- carried items, such items shall not be allowed to pass the screening pointer or be allowed to be carried into the Courthouse.

        a. When the physical inspection method is used, carry items shall be adequately inspected to reasonably ascertain that such items are not being used to conceal an explosive, incendiary, or deadly or dangerous weapon.

        b. The x-ray inspection method requires the use of an adequately trained operator. Whenever the operator sees on the display an image that is or may conceal an explosive, incendiary, or deadly or dangerous weapon, the hand- carried item must then undergo physical search.

7.0 GENERAL CONDITIONS

      7.1 Washington County facilities are open to the Public during the following hours:

              From To

Monday through Friday: 7:30 A.M. 5:00 P.M.

Note: The hours for courtroom located in the Sheriff's Office has not been set but will be similar to those noted above.

7.2 Entrance Screening services to be provided during the hours stated above. A minimum of two ESOs shall be required at the screening checkpoint at all times when the checkpoint is open for screening.

PROJECT/PROPOSAL INFORMATION

Continued

      7.3 The Contractor shall not use any person to perform any screening function unless that person has:

            a. A high school diploma, a General Equivalency Diploma, or a combination of education and experience that the Contractor has determined to have equipped the person to perform the duties of the position.

            b. Basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards:

              1) ESOs operating x-ray equipment must be able to distinguish on the x-ray monitor the appropriate imaging standard specified in these specifications. Wherever the x-ray system displays colors, the operator must be able to perceive each color.

              2) ESOs operating any screening equipment must be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies.

              3) ESOs must be able to hear and respond to the spoken voice and the audible alarms generated by screening equipment in an active checkpoint environment.

              4) ESOs performing physical searches or other related operations must be able to efficiently and thoroughly manipulate and handle any baggage, containers, and other objects subject to screening process.

              5) ESOs who perform pat-down or hand-held metal detector searches of persons must have sufficient dexterity and capability to conduct those procedures on all parts of the person's body.

            c. The ability to read, speak, and write English well enough to:

              1) Carry out written and oral instructions regarding the proper performance of screening duties.

PROJECT/PROPOSAL INFORMATION

Continued

            2) Read English language identification media, credentials, and labels on items normally encountered in he screening process.

            3) Provide direction to and understand and answer questions from English-speaking persons undergoing screening.

            4) Write incident reports and statements and log entries into security records in the English Language.

          D. Satisfactorily completed all initial, recurrent, and appropriate specialized training required by the Contractor's security program.

7.4 The Contractor may use a person during the on-the-job portion of training to perform security functions provided that the person is closely supervised and does not make independent judgments as to whether persons or property may enter the Courthouse without further inspection.

7.5 No Contractor shall use a person to perform a screening function after that person has failed an operational test related to that function until that person has successfully completed remedial training specified in the Contractor's security program.

8.0 ENTRANCE CONTROL

      8.1 Operate and enforce a system of personnel identification. Shall include the operation of screening equipment and the checking of handbags, packages, baby carriages, wheelchairs, etc. to detect weapons. Items confiscated will be turned over to the County and a report filed. Prosecution may result.

    8.2 In performance of these duties, ESOs shall be responsible for alerting a Law Enforcement Officer (LEO) and detaining any person attempting to gain unauthorized access. After detaining a person, that person will be turned over to the Law Enforcement Officer (LEO).

PROJECT/PROPOSAL INFORMATION

Continued

    8.3 ESOs shall only perform the duties of one basic screening function as assigned. The two basic screening functions are the screening of hand carry items (x-ray and physical search) and the screening of persons (walk through or hand-held metal detector and pat down). For example, an x-ray operator may read the screen and conduct physical inspections of hand carry items but may not be simultaneously assigned to monitor the walk through metal detector, conduct hand-held metal detector screening or control unauthorized access to the courthouse. Conversely, a screener assigned to monitor the walk-through metal detector may also conduct secondary hand held metal detector screening, but may not be simultaneously assigned to read the x-ray screen, conduct secondary physical inspections of hand - carry items or control unauthorized access to the courthouse.

    8.4 During peak periods of checkpoint screening activity efficient screening may necessitate a staffing level which exceeds the minimum. Such control may be provided by an additional ESO posted at the point of access.

    8.5 Discovery of Explosive, Incendiary, or Deadly or Dangerous Weapon:

        a. If an explosive, incendiary, or deadly or dangerous weapon is found, screening personnel shall:

            1) Immediately notify the Lead ESO and the Law Enforcement Officer LEO) supporting the screening point involved, as appropriate.

            2) Not touch or remove the object.

            3) If in a carry item, move the carry item out of reach of all persons being screened.

    b. Objects discovered during the screening process should be protected and returned to the person, whenever practical, except for those items which are taken into custody by a Law Enforcement Officer (LEO).

PROJECT/PROPOSAL INFORMATION

Continued

    8.6 Off-duty Law Enforcement Officers:

      a. An armed law enforcement officer, in or out of uniform and desiring passage through a screening point without inspection of their person and accessible property will be discreetly referred to the ESO supervisor/lead ESO at the screening point. Upon presentation of bona fide credentials the armed law enforcement officer shall be permitted to pass beyond the screening point, without undergoing the normal screening process.

9.0 SCREENING OF DISABLED PERSONS

    9.1 Persons on crutches, in wheelchairs or in stretchers, or wearing prosthetic aids, or any other condition that would preclude use of regular screening process, may be privately screened with reason and discretion. The person conducting the screening or consent search using either a hand-held metal detector or a physical search or combination of both, shall assure that no weapons or dangerous objects are on or about the person being screened. The person shall then be escorted through or around the screening point. Hand-carried items shall be screened in the normal manner.

10.0 RELIGIOUS ARTICLES

    10.1 Certain religious articles may be considered sacred and opening may result in desecration. They shall be visually examined and, if there is no indication of tampering, no further screening is required.

11.0 LOST AND FOUND

    11.1 ESOs shall turn over any found articles to the Sheriff or their designee.

PROJECT/PROPOSAL INFORMATION

Continued

12.0 TOUR OF DUTY

    12.1 No ESO shall assume duties unless they have been in a non- working status for a minimum of 8 hours prior to reporting for duty. No ESO shall be authorized to leave their station during their shift except for those specific periods of time when the ESO is authorized to take breaks or lunch or rotate station duty. It is the responsibility of the Contractor to coordinate a schedule for the ESOs so that screening levels are maintained during break/lunch periods.

13.0 USE OF ALCOHOL AND OTHER SUBSTANCES

    13.1 No alcoholic substances shall have been consumed for a minimum of 8 hours prior to reporting for duty. This includes ESOs returning from lunch or other breaks.

    13.2 No drugs shall have been consumed prior to reporting for duty with the exception of those prescribed by a qualified doctor. In that case a letter from the doctor must be furnished to the Contractor stating that use while in a duty status will not affect the performance of the ESO.

14.0 EMERGENCIES

    14.1 In case of an emergency, the County shall have the right to direct the activities of the ESOs in order to respond to the emergency. When the time and circumstances permit, such direction will be requested through the Contract Supervisor or Contract Manager. Emergencies will include but not be limited to bomb threats, fires, etc. Under no circumstances may an ESO refuse to cooperate with such directives when the County determines that an emergency exists.

    14.2 The Contract Supervisor/Manager shall be notified of an emergency situation and shall make a record of it in the Daily Logbook as soon as practical after resolution of the situation.

PROJECT/PROPOSAL INFORMATION

Continued

15.0 OVERTIME

    15.1 When court proceedings or other court functions exceed normal hours, it may be necessary to add additional hours of screening services. In those case, the County may request overtime orally or in writing, provided the Contractor is notified at least 2 hours prior to the scheduled completion of the ESOs regular shift. During these extended periods of service, the Contractor shall also be responsible for any supervision or direction of the employee designated to perform overtime services. Any variations in duties will be discussed with both the Contract Supervisor/Manager and the ESO.

16.0 DUTIES AND STANDARDS

      16.1 Contract Supervisor/Manager

          The Contractor shall provide a Contract Supervisor/ Manager to provide a single point of contact through which all communications, work, and technical direction shall flow, except in cases of an emergency.

          a. The Contract Supervisor/Manager will be available on a 24-hour on- call basis.

          b. The Contract Supervisor/Manager shall be responsible for ensuring that all ESOs adhere to the terms and conditions set forth in the contract, and shall enforce adherence by all ESOs.

          c. The Contract Supervisor/Manager shall receive and execute on behalf of the Contractor such technical direction as the County may issue within the terms and conditions of the contract. The County will not accept any individual as Contract Supervisor/Manager who cannot act and make decisions entirely on their own or who is not available to the County through a pager system, telephone, etc., at all times. Contract management is considered critical. Failure on the part of the Contractor to furnish, at all times, a competent Contract Supervisor/Manager and such management as is required herein may render the Contractor subject to default.

PROJECT/PROPOSAL INFORMATION

Continued

        d. When a Contract Supervisor/Manager is unavailable due to illness, vacation, or other reason, the Contractor shall assign another individual to that function who fully meets the requirements as set forth in this contract.

        e. The Contract Supervisor/Manager will not be required to personally qualify as an ESO. If, however, the minimum requirements are met, the Contract Manager can be utilized as an ESO.

16.2 The Contractor shall submit a resume indicating the experience of the Contract Supervisor/Manager.

16.3 It is the Contract Supervisor/Manager's responsibility to:

        a. Schedule their employees so that in normal circumstances overtime will not be worked. A minimum of three ESOs shall be required at the Courthouse and Justice Services Building screening checkpoints at all times when the checkpoint is open for screening. A minimum of two ESOs shall be required at the Juvenile Services Building screening checkpoint at all times when the checkpoint is open for screening. The Lead ESO at each checkpoint shall report 1/2 hour prior to each shift to check and calibrate equipment as well as prepare checkpoint for operation.

        b. Provide replacements for employees who are scheduled to work but do not report for duty. The Contractor shall be responsible for personally notifying the County of the status of the ESOs and actions taken for replacement.

        c. Conduct and document an annual evaluation of persons assigned to the Contract duties. Evaluations should include the determination that the person assigned:

          1) Has not suffered a significant diminution of any physical ability required to perform a screening function since the last evaluation of those abilities.

          2) Has a satisfactory record of performance and attention to duty.

          3) Demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.

PROJECT/PROPOSAL INFORMATION

Continued

            d. Represent the Contractor in handling complaints.

            e. Prepare and submit to the County daily reports on any accidents, fire, bomb threats, unusual incidents or unlawful acts that occurred. Report writing includes maintaining a daily logbook of such incidents. ESO logbooks shall be available for inspection at all times. All incident reports shall be provided by the Contractor to the Sheriff's Office with a copy to the Court Administrator. When ESOs confiscate items, they will be required to file a report with the Sheriff providing information on the items confiscated.

16.4 The Contract Supervisor/Manager shall designate a Lead ESO for each shift to represent the Contractor, supervise screeners, resolve conflicts and problems, and otherwise control all screening activities at each checkpoint.

      a. The Lead ESO shall actively intervene in any function performed by other screeners as necessary to assure effective, vigilant, and courteous screening. The Lead ESO shall perform the screening functions for which they are qualified and shall also:

          1) Supervise screeners, checking their alertness and duty performance, and rotating their duty assignments in accordance with this program and as necessary to assure effective, vigilant, and courteous screening.

          2) This person shall be responsible for coordinating with the County or its designee on a daily basis to determine any changes that may be required.

          3) Manage incidents as they arise until the arrival of the Law Enforcement Office (LEO).

          4) Immediately notify, or cause notification of, the LEO when a criminal act is suspected.

          5) Isolate deadly or dangerous weapons and other prohibited objects in compliance with General Conditions.

PROJECT/PROPOSAL INFORMATION

Continued

            6) Control or monitor persons when appropriate, without using physical restraint and without jeopardizing their safety or that of others in the immediate vicinity.

            7) Collect witness information and retain evidence pending arrival of the LEO.

            8) Verify the credentials of armed law enforcement officers in accordance with Contract Documents.

            9) Ensure periodic operational testing of screening equipment as required by County Security program.

          10) Know how to immediately contact the Sheriff's Office.

            11) Function as contact point between the Contract Supervisor/Manager and the County. In most cases this lead ESO shall function as a full-time working ESO.

            12) The Lead ESO at each screening point shall maintain a daily activity logbook of all ESO related activity, incidents, etc. and make the logbook available for the Sheriff's inspection at all times.

          13) In the event of illness, a substitute Lead ESO shall be promptly named by the Contract Supervisor/Manager. This person shall meet all the minimum requirements of an ESO and at times may be required to perform ESO duties.

14) Assure all ESOs are in proper uniform and all equipment is accounted for.

16.5 Entrance Screening Officer

        a. The integrity of the Courthouse, Justice Services Building, Sheriff's Office and Juvenile Services Building is dependent upon the conduct of individual ESOs. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary.

PROJECT/PROPOSAL INFORMATION

Continued

        b. In performance of these duties, the Entrance Screening Officer (ESO) shall be responsible for alerting a Law Enforcement Officer (LEO) and detaining any person attempting to gain unauthorized access. After detaining a person, that person will be turned over to the Law Enforcement Officer LEO).

        c. All ESO's shall:

            1) Be courteous and demonstrate good manners toward the general public, judges, and employees. Maintain a respectful and helpful attitude in all endeavors.

            2) Maintain a neat, clean and businesslike appearance and comply with ESO dress standards while on duty.

            3) Report on conditions that may adversely affect performance on a particular assignment to the ESO Supervisor or County Representative.

            4) Should the ESO become aware they are under investigation by any Federal, State or Local agency for any legal or ethical violation, they must report this to the ESO supervisor or the Sheriff no later than the next working day after discovery.

            5) Not disclose any official information.

            6) Refrain from discussions concerning duty assignments, manpower, security precautions or procedures except with those having a need to know.

            7) Comply with applicable laws while performing official duties.

            8) Not discriminate against nor sexually harass another.

            9) Demonstrate the highest standards of personal and professional conduct.

17.0 ESO REPORTS

    17.1 Entrance Screening Officers (ESOs) shall prepare required reports on a daily basis (or as directed by the Sheriff) concerning accidents, fire, bomb or bomb threats, unusual incidents or unlawful acts and submit them to the Sheriff.

    17.2 Each ESO must sign in when reporting for duty and sign out when leaving at the end of the workday. The Contractor must maintain a daily attendance log. This log should show the date, time in, time out, the written name of the ESO, and the ESO's signature. If an ESO is not present for any reason, an indication of why the ESO is not present for their shift, should be provided in the log.

PROJECT/PROPOSAL INFORMATION

Continued

18.0 ESO QUALIFICATIONS

      18.1 Minimum Qualifications

          a. Must be legally able to work in the United States and provide proof of employment eligibility and identify as required under the Immigration Reform Act of 1986.

          b. Be 21 years of age or older.

          c. Possess a high school diploma, a General Equivalency Diploma, or a combination of education and experience that the Contractor has determined to have equipped the person to perform the duties of the position.

          d. Be able to speak fluently, read, and write the English language and any other language as may be determined necessary by the County.

          e. Have the ability to meet and deal tactfully with judges, attorneys, court personnel and the general public.

          f. Have the ability to understand, explain, interpret, and apply rules, regulations, directives, and procedures.

          g. Have poise, self-confidence, and the ability to make sound decisions and react quickly under stressful conditions.

          h. Ability to prepare clear and concise reports.

          i. Ability to learn and adapt to changing conditions.

          j. Ability to accept and respond to instruction and direction.

          k. Must be reliable and of reputable background and sound character.

          l. Must successfully pass the background investigation performed by the Contractor.

          m. Must be physically fit to endure long periods of standing, stooping, bending and sitting. May be required to assist in subduing violent or hostile citizens.

    n. Meet the basic aptitude and physical ability standards specified in Section 7.3.b.

PROJECT/PROPOSAL INFORMATION

Continued

19.0 SPECIAL PROVISIONS

    19.1 Under the provisions of this Contract, ESOs may be relieved of duty for periods of time by the Sheriff, if work is not available to be performed or if funding is not available for payment of services.

    19.2 The Contractor shall assure Contract performance and shall immediately correct Contractor nonperformance due to non- suitability of ESOs and any other deficiencies of ESOs. This shall include removal and replacement of ESOs as necessary. It shall be the responsibility of the Contractor, on its own, to initiate this action when necessary. However, the Contracting officer or their representative may also request the Contractor to remove any employee from the work site should it be determined that individuals are being assigned to duty who are disqualified for any reason. In the event of ESO removal, it is the responsibility of the Contractor to advise the ESO of the termination and the reasons for it.

      19.3 The Contractor must provide, in writing, to the ESO an opportunity to provide a written response to the termination and to provide whatever facts or arguments they desires regarding retraction of the termination. The Contractor must consider the response, if any, in making it's final determination. In the event the Contract Administrator or their representative has requested the removal, the written response, if any, and a written statement of the Contractor's position on removal of the ESO must be forwarded to the Contracting officer within 15 days of the initial determination for final termination by the Contract Administrator.

    19.4 The County reserves the right to reject for service any ESO assigned whose qualifications do not meet those established under the terms and conditions of this agreement.

20.0 MISCELLANEOUS INFORMATION

      20.1 At present a total of eight ESOs are utilized daily: three each at the Courthouse and Justice Services Building and two at the Juvenile Services Building. The Sheriff's Office will utilize two or three ESOs. One at each station is to be the "lead" officer; at least one at each station must be a female (all can be female).

    20.2 Body armor is not required, however, the contractor may supply if desired.

    20.3 The ability to speak Spanish is not a requirement, but would be helpful. Signage will be in English and Spanish. Brochures will be provided in other languages.

    20.4 CSO's are to be unarmed.

    20.5 All security officers must be registered with the Hillsboro Police Department.

PROJECT/PROPOSAL INFORMATION

Continued

21.0 FEES

      21.1 The fee proposal should include costs for three (3) each ESOs at the Courthouse and the Justice Services Building, two (2) each at the Juvenile Services Building and the option of either two (2) or three (3) at the Sheriff's Office.

CERTIFICATION AND CONTRACT OFFER

PROPOSAL TITLE: ENTRANCE SECURITY PERSONNEL SERVICES (#98019P)

PROPOSAL DUE DATE: 3:00 P.M., MONDAY, APRIL 20, 1998

I, the undersigned, having carefully examined the Special Instructions, Project/Proposal Information, General Instructions and all other related material and information agree to furnish Entrance Security Personnel Services at the rates/fees proposed.

I further agree that this offer to furnish Entrance Security Personnel Services will remain in effect at the rates/fees proposed for a period of not less than ninety (90) calendar days from the date that proposal are due, and that this offer may not be withdrawn or modified during that time.

If this offer, or portion thereof, is accepted by the Board of Commissioners and award is made thereon, I agree to enter into an agreement with Washington County to furnish Entrance Security Personnel Services as specified for the rates/fees proposed.

I hereby certify that this proposal is genuine and that I have not entered into collusion with any other vendor(s) or any other person(s).

 

SIGNED BY DATE

PRINTED NAME

TITLE

FIRM

ADDRESS

PHONE: (AREA CODE)

TAX IDENTIFICATION/SOCIAL SECURITY NUMBER

FEE SCHEDULE

PROPOSAL TITLE: ENTRANCE SECURITY PERSONNEL SERVICES (#98019P)

PROPOSAL DUE DATE: 3:00 P.M., MONDAY, APRIL 20, 1998

PROPOSER QUALIFICATIONS AND REFERENCE FORM

PROPOSAL TITLE: ENTRANCE SECURITY PERSONNEL SERVICES (#98019P)

PROPOSAL DUE DATE: 3:00 P.M., MONDAY, APRIL 20, 1998

. Note: Proposers shall complete this form or provide the information on proposer's letterhead and submit with their proposal. Failure to provide complete information may be cause for proposal rejection

1. Business Name:

2. Owner Name:

3. Business Address:

4. Business Telephone No. Daytime: Eves/Weekend:

5. Number of Employees: Annual Sales $

6. Date Business Established:

7. Name and Address of Insurance Agent(s):

    Name

    Address

    Telephone Number

8. Name of Job Supervisor:

9. Business Telephone No. Daytime: Eves/Weekend:

10. Business Address:

PROPOSER QUALIFICATIONS AND REFERENCE FORM

Continued

11. References of Comparable Service Requirements:

    a. Firm Name:

      Address:

      Reference Contact:

      Position Title:

      Telephone Number:

      Service Dates:

    b. Firm Name:

      Address:

      Reference Contact:

      Position Title:

      Telephone Number:

      Service Dates:

    c. Firm Name:

      Address:

      Reference Contact:

      Position Title:

      Telephone Number:

PROPOSER QUALIFICATIONS AND REFERENCE FORM

Continued

      Service Dates:

    d. Firm Name:

      Address:

      Reference Contact:

      Position Title:

      Telephone Number:

      Service Dates:

    e. Firm Name:

      Address:

      Reference Contact:

      Position Title:

      Telephone Number:

      Service Dates:

Washington County - Oregon

    AGREEMENT FOR PRIVATE SECURITY SERVICES

This AGREEMENT is made and entered into this day of , 1998 by and between Washington County, Oregon, acting by and through its Sheriff's Office, hereinafter referred to as "the COUNTY," and , hereinafter referred to as "the CONTRACTOR."

    W I T N E S S E T H

WHEREAS the COUNTY is desirous of obtaining certain private security services as more fully described herein; and

WHEREAS the CONTRACTOR is qualified by special training and experience to provide such services;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is mutually agreed as follows:

I. THE CONTRACTOR AGREES

A. SERVICES TO BE PERFORMED

    To perform, or cause to be performed, certain private security services as more precisely described in RFP #98-______ appended to this AGREEMENT and which, by this reference, is incorporated herein in its entirety. Said services shall be performed in a comparable manner, and with the same degree of care, skill and diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field and community as the CONTRACTOR.

B. INDEPENDENT CONTRACTOR

    CONTRACTOR, in carrying out the services to be provided under this AGREEMENT, is acting as an "independent contractor" and is not an employee of the COUNTY. As such, CONTRACTOR accepts full responsibility for taxes associated with payment for services under this AGREEMENT. As an "independent contractor," CONTRACTOR will not receive any benefits normally accruing to COUNTY employees unless required by applicable law. Furthermore, CONTRACTOR is free to contract with other parties for the duration of this AGREEMENT.

C. REMOVAL OF SECURITY PERSONNEL

    At the request of COUNTY, CONTRACTOR agrees to immediately remove from County premises any individual security officer or officers employed by CONTRACTOR to provide any of the services contemplated by this AGREEMENT.

D. INDEMNIFICATION

    CONTRACTOR shall indemnify and save harmless COUNTY, its Commissioners, officers, employees, agents and representatives from and against any and all claims, demands, penalties, losses, damages and causes of action of any kind or character, including the cost of defense thereof, including attorney fees, arising in favor of any person on account of personal injury, death, or damage to property arising out of or resulting from CONTRACTOR's performance of or failure to perform the obligations of this AGREEMENT.

E. INSURANCE

    1. COMPREHENSIVE GENERAL LIABILITY

      CONTRACTOR agrees to purchase, and maintain at the CONTRACTOR's sole expense, COMPREHENSIVE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND PROFESSIONAL LIABILITY INSURANCE. This insurance is to provide separate coverage for each of the above mentioned types of insurance at a minimum of $200,000 per person for bodily and personal injury; a minimum of $50,000 for property damage; and no less than $500,000 for each occurrence. In addition, all such insurance is to name the COUNTY, its Commissioners, employees, and agents, as an Additional Insured. A copy of the policy or certificate of insurance acceptable to the COUNTY shall be submitted to the COUNTY prior to actually providing any services pursuant to this AGREEMENT. CONTRACTOR further agrees to maintain such insurance throughout the term of this AGREEMENT and to provide COUNTY thirty (30) days advance written notice of cancellation or any material change thereof.

2. WORKERS' COMPENSATION

    CONTRACTOR agrees to comply with ORS 656.017 for all employees who work in the State of Oregon. CONTRACTOR shall provide COUNTY certification of such WORKERS' COMPENSATION insurance, with employer's liability in the minimum amount of $100,000. CONTRACTOR further agrees to maintain such insurance throughout the term of this AGREEMENT and to provide COUNTY thirty (30) days advance written notice of cancellation or any material change thereof.

F. FUNDING

    In the event the Board of Commissioners of the COUNTY reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified to be performed pursuant to this AGREEMENT, CONTRACTOR agrees to abide by any such decision, including termination of service.

G. TAX COMPLIANCE CERTIFICATION

    CONTRACTOR certifies, under penalty of perjury as provided in ORS 305.385(6) that, to the best of CONTRACTOR's knowledge and belief, CONTRACTOR is not in violation of any of the tax laws described in ORS 305.380(4).

H. SUBCONTRACTING AND NON-ASSIGNMENT

    CONTRACTOR agrees that no portion of this AGREEMENT may be subcontracted or assigned to any other individual, firm or entity without the express prior written approval of COUNTY.

I. COUNTY PRIORITIES

    CONTRACTOR agrees to comply promptly with any request by COUNTY relating to the emphasis or relative emphasis to be placed on various of aspects of the services to be provided, or to such other matters pertaining to such services.

J. COMPLIANCE WITH LAW

    CONTRACTOR agrees to comply with all applicable federal, state and local laws, rules and regulations. All provisions of ORS 279.310 through 430 ("Public Contracts and Purchasing") are incorporated herein to the extent applicable to private security service agreements.

II. THE COUNTY AGREES

A. PAYMENT TO CONTRACTOR

    COUNTY agrees to pay CONTRACTOR for all services actually performed pursuant to this AGREEMENT according to the terms and rates specified in CONTRACTOR's response to RFP # _______which is attached as EXHIBIT-B hereto which, by this reference, is expressly incorporated herein in its entirety.

B. PAYMENT ON TERMINATION

    If this AGREEMENT is terminated by either party pursuant to the applicable provisions hereof, COUNTY agrees to pay CONTRACTOR for all costs and expenses associated with the services satisfactorily provided up to the effective date of such termination.

III. BOTH PARTIES AGREE

A. TERM

    The term of this AGREEMENT shall be the date on which it is executed by duly authorized representatives of each party through and including June 30, 2001, with an option to renew for one additional two year period, unless sooner terminated in accordance with the relevant provisions hereof.

B. TERMINATION

    This AGREEMENT may be terminated under the following conditions:

      1. By written, mutual agreement of both parties. Termination under this provision may be immediate; or

      2. Upon sixty (60) calendar days written notice by either party to the other of intent to terminate; or

      3. Immediately on breach of contract by either party.

C. AMENDMENTS

    Any subsequent amendments to this AGREEMENT shall not become effective until approved in writing by both parties.

D. SURVIVAL

    The terms, conditions, representations and all warranties contained in this AGREEMENT shall survive its termination or expiration.

F. WHOLE AGREEMENT

    This AGREEMENT is the complete and exclusive statement of the agreement between the parties relevant to the purposes described and supersedes all prior agreements, oral or written, and all other communication between the parties relating to the services to be provided hereunder.

G. WRITTEN NOTICE

    Any notice of termination or other communication having a material effect on this AGREEMENT shall be served by U.S. Mail on the signatories hereto.

H. GOVERNING LAW/VENUE

    This AGREEMENT shall be governed by the laws of the State of Oregon. Any action commenced in connection with this AGREEMENT shall be in the District or Circuit Court of Washington County. The prevailing party shall be entitled to reasonable attorney fees and costs, including an appeal. All rights and remedies of the COUNTY shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to, or waiver of any other rights or remedies of the COUNTY according to law.

I. JUDICIAL RULINGS

    If any provision of this AGREEMENT as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this AGREEMENT or the validity or enforceability of the AGREEMENT itself.

J. NON-DISCRIMINATION

    No person shall be subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this AGREEMENT on the grounds of, race, color, religion, sexual orientation, national origin, disability, age or marital status. Any violation of this provision shall be considered a material violation of this AGREEMENT and shall be grounds for cancellation, termination or suspension, in whole or in part, of the COUNTY.

IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT to be executed by these officers thereunto duly authorized on this day of , 1998 in Hillsboro, Oregon:

FOR THE CONTRACTOR FOR WASHINGTON COUNTY

    (Signature) Jim Spinden, Sheriff

    (Title) Linda Peters, Chair

            Board of Commissioners

            APPROVED AS TO FORM

            County Counsel

EXHIBITS

A: Request for Proposals (RFP#98-_____)

B: Contractor Response to RFP#98-_____)

ATTACHMENT A

ATTACHMENT B

PROPOSER RESPONSE PACKET

REQUEST FOR PROPOSAL #98019P

ENTRANCE SECURITY PERSONNEL SERVICES

PROPOSAL DUE DATE: 3:00 P.M., APRIL 20, 1998

THIS PACKET MUST BE RETURNED WITH YOUR PROPOSAL