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HomeMy WebLinkAbout10/3/2001 - STAFF REPORTS (7) DATE: October 3, 2001 TO: City Council FROM: Deputy Director of Aviation-Administration via Interim Director of Aviation OLINN SECURITY SERVICES RECOMMENDATION: It is recommended that the City Council approve a Contract Services Agreement with Olinn Security in an amount not to exceed $80,000. SUMMARY: The Airport has been mandated to increase security at Palm Springs International Airport and as such, Olinn Security is a component piece already put into place following the national tragedy of September 11, 2001. BACKGROUND: The events of September 11, 2001, changed the security levels of America's airports immediately. On an emergency basis to comply with FAA Part 107 Security Directive, Airport management put into place security services from Olinn Security to ensure our compliance. Procurement Director requested hourly rates from three (3) local security firms. The lowest hourly rate was selected. Staff has attached a contract services agreement for City Council approval. Rental car operators will reimburse Airport for security services related to Ready Return Lot. s RICHARD STRICKLAND ALLEN F. SMOOT, AAE Deputy Director of Aviation Interim Director of Aviation Administration HAROLD E. GOOD, CPPO Director of Procurement APPRO EV D�-=��-��� �''� City Manager ATTACHMENT 1. Minute Order REVIEWED BY DEn OF FINANCE CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR UNARMED PRIVATE SECURITY SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and O'Linn Executive Security Service. Inc., (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B"and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty Thousand Dollars ($80,000.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid in accordance with the "Schedule of Compensation", Exhibit "B", attached hereto. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Richard O'Linn is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Allen F. Smoot, A.A.E., Interim Director of Aviation, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 940'e 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the priorwritten approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance, The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policyof commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1 000 000 bodily iniury and property damage including coverages for contractual liability, personal injury, independent contractors broadform propertv damage products and completed operations The General LiabilitV Policy shall name the City of Palm Springs, its officers employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1 000 000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1 000 000 bodily iniury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1 000 000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. H:\USERS\Contractadmin\O'Linn Contractmpd September 21,2001 (3:50pm) -2- 143 The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person forwhich the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence orwillful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered againstthe City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect for one (1) year from the date of this Contract. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to H:\USERS\Contractadmin\O'Linn Contract.wpd September 21,2001 (3:50pm) -3- MY compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its H:UISERSMContractadminX01inn Contract.wpd September 21,2001 (3:50pm) -4- -7A � invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CONTRACTOR: By City Clerk By Signature (Notarized) APPROVED AS TO FORM: Print Name &Title By By City Attorney Signature (Notarized) CITY OF PALM SPRINGS, Print Name &title a municipal corporation Mailing Address By City Manager Corporations require two notarized signatures:one from each of the following: A. Chairman of Board, President, or any Vice President; and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer H:\USERS\Contracladmin\O'Linn Contract.wpd September 21,2001 (3:50pm) -5- 4 EXHIBIT "A" SCOPE OF WORK A. At the direction of the Interim Director of Aviation or his designee, Contractor shall provide one(1) or more unarmed, uniformed security officer(s)on 8-hour shifts on a 24-hour basis seven days per week. B. The assigned officer(s) shall monitor vehicular traffic at an assigned stationary post at Palm Springs International Airport. C. The assigned officer(s) shall visually inspect all vehicles that pass his assigned post with the intent of detecting any type of improvised explosive device (IED). The shape and size of such a device can vary and may be determined by the type of container. Usable containers include, but are not limited to, metal drums, boxes, and plastic bags. Significantly, a container is not necessary for this type of device to be fully effective. The loose explosive material can fill an empty area such as a truck or vehicle interior. D. The assigned officer(s) shall visually inspect all vehicles that pass his assigned post in accordance with the following: (1) Visually inspect vehicles, to ensure that spare tire, speaker box areas and trunks, or any of their major compartments which are large enough to contain IED material described above. (2) If the vehicle contains items which individually or in close contact with each other could contain IED material, those items must be visually inspected to ensure they do not contain explosive materials. Such items could include filled plastic garbage bags, large shipping containers or boxes, trash cans, etc. (3) Visually inspect cargo beds orotherstorage compartments thatare hidden, covered, or otherwise obscured from view. Inspect automobile interiors hidden by heavily tinted or masked glass, and which are large enough to contain the suspect IED. (4) The inspection process need NOT include that underside of vehicles, smaller compartments, or other congested areas such as engine compartments, consoles, glove boxes, wheel wells, behind door panels, under seats, etc. (5) Items such as luggage,golf bags and suit bags normally encountered in the possession of passengers in an airport environment, need not be inspected. E. The assigned officer(s) is to observe and report only. Any suspicious object, device, situation or activity is to be immediately reported to the Airport Police via a two-way radio provided by the City. No enforcement action of any kind is to be taken by the assigned officer(s). F. Shifts may be assigned at the discretion of Contractor; however, the officer(s) assigned to each shift may not leave their post until properly relieved. H:Wember 2 ,2001 (3:50\0'Linn Contract.wpd September 21,2001 (3:50pm) -6- EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall be paid on an hourly basis at the following rates: PER HOUR REGULAR TIME $11.50 PER HOUR PER HOUR OVERTIME This is a 24-hour contract Overtime rates do not apply. PER HOUR HOLIDAYS $17.25 PER HOUR Recognized holidays shall be Thanksgiving Day, Christmas Day, New Years Day, Independence Day, Labor Day and Memorial Day. The Contractorwill submit Invoices to the Contract Officer,Allen F. Smoot,A.A.E., Interim Director of Aviation, for review and approval. The invoice will indicate the name of the security officer performing the work, the number of hours worked, the date the security officer worked, and the rate of pay per hour for the work performed, at the following rates of pay: This contract shall not exceed $80,000 without approval of the City of Palm Springs City Council. H:\USEWContractadmin\01inn Contract.wpd 741 September 21,2001 (3:50pm) -7- MINUTE ORDER NO. APPROVING A CONTRACT SERVICES AGREEMENT WITH OLINN SECURITY FOR INCREASED SECURITY SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT AS MANDATED BY THE FEDERAL AVIATION ADMINISTRATION. I HEREBY CERTIFY that this Minute Order, approving a Contract Services Agreementwith Olinn Security for increased security services at Palm Springs International Airport as mandated by the Federal Aviation Administration was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3r' of October 2001. PATRICIA SANDERS City Clerk