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HomeMy WebLinkAbout04645 - AIRPORT OLINN EXECUTIVE SECURITY GUARD Page: 1 Report Expired Contracts: Oldest Date= / ! and XREF=AIRPORT-Summary January 6, 2004 Contract Number Description Approval Date Expiration Date Closed Date A4023 Airport Residential Sound Insulation Program Phase 2 11/04/1998 1*i6tt2803 N�t7E l / Contractor:C. Kell-Smith Assoc., Inc. Insurance Status: Certificate and Policies are OK \(\ XREF: AIRPORT JTILL apt Service: In File 19H � N� A4284 Airport Master Plan Update/Environment 10/04/2000 1 WVT toff A;&n,.3e V' Contractor :Coffman Associates Insurance Status: Certificate and Policies are OK XREF:AIRPORT P670 \ Service: In File PLw A4320 Airport Window Cleaning, $36,000 12/20/2000 12/01/2003 CGS Contractor:Dad &Sons ✓ Insurance Status: A policy has Expired. \` XREF:AIRPORT Service: In File A4535 Geodetic Survey Pil Program' 07/17/2002 07101/2003 Contractor:V S A Airports Insurance Status: \V XREF:AIRPORT !!! Service: In File (J A4598 Airport Consultant-Bond Financing 11/26/2002 11411298- �f Contractor :Si Partners, Inc. Insurance Status: XREF:AIRPORT 6TELL e5pev�7 Service: In File (� A4645 Security Guard Services Palm Springs Airport 02/19/2003 12/01/2003 CLOd�f� Contractor:Olinn Executive Security Insurance Status: XREF: AIRPORT Service: In File A4674 Airport Terminal Access Roadway Security Reconfigure 03/26/2003 19{9if2903IU67UE Contractor:Yeager Skanska, Inc. Insurance Status: XREF:AIRPORT SILL OPEn> C1j Service: In File (� O'Linn Executive Security Airport Security Guard AGREEMENT #4645 CITY OF PALM SPRINGS MO 7257, 2-19-03 CONTRACT SERVICE AGREEMENT FOR AIRPORT SECURITY GUARD SERVICES „ THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"), is made and entered into this day of��J "- 20,-'- ? , by and between the CITY OF PALM SPRINGS, a municipal = ,.,,,�, �..� ,. corporation, (herein "City"7 and O'Linn Executive Security, (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the"Scope of Services"attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal.The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All 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 having jurisdiction in effect at the time service is rendered. 1.4 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a)has thoroughly investigated and considered the scope of services to be performed, (b)has carefully considered how the services should be performed and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. Airport Security Guard Services �J �3�9G���_ ,�iy Page I of 20 1.6 Care of Work.The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work,and the equipment,materials,papers,documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent(5%)of the Contract Sum or$25,000;whichever is less, or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit"B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. Forthe services rendered pursuantto this Agreement,the Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of$75,600 (herein"Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation,in any month in which Contractor wishes to receive payment, no later than the first(1")working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided Airport Security Guard Services Page 2 of 20 in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference.When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section, 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Richard J O'Linn 1025 S Palm Canyon Drive Palm Springs, CA 92262 760/320-5303 FAX 760/320-4743 riol(o),earthl ink.net It is expressly understood that the experience,knowledge,capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Airport Security Guard Services Page 3 or 20 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducementfor the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors.The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 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 herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number,compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 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: Airport Security Guard Services page 4 or 20 (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent language. (b)Worker's Compensation Insurance.A policyofworker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $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 and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. 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 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the Citywith Certificates of Insurance,endorsements orappropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance,endorsements,or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 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 for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 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. 5.2 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 or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: Airport Security Guard Services page 5 of 20 (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) Contractor will promptly pay any judgment rendered against the 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 are 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. 5.3 Performance Bond.Concurrently with execution of this Agreement,Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City,which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer.The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney.The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Sure ty.Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Managerto the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances,techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services,the estimated increased or decreased cost estimate for the project being designed. 6.2 Records.Contractor shall keep,and require subcontractors to keep,such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Airport Security Guard Services Page 6 or 20 Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents.All drawings,specifications,reports,records,documents and other materials prepared by Contractor, its employees,subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractorwill be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractorfor all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents.The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law.This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10)days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party,the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City Airport Security Guard Services Page 7 or 20 may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting 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. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $500 as liquidated damages for each working day of delay in the performance of any service required hereunder,as specified in the Schedule of Performance(Exhibit"D").The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time,with orwithout cause, upon thirty(30)days written notice to Contractor, except that where termination is due to the fault of the Contractor,the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Airport Security Guard Services Page 8 of 20 Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in anyway 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. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 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. 8.2 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. 8.3 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 insure 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. 9.0 MISCELLANEOUS PROVISIONS 9.1 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. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72) hours from the time of mailing if mailed as provided in this Section. 9.2 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 Airport Security Guard Services page 9 of 20 authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration;Amendment. It is understood thatthere 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. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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 invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 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. L:\Agreements\Engineering\Guard_Services AIP 35.wpd Airport Security Guard Services Page 10 of 20 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS A T�_ a municipal corporation BY' �' 0 •s`" s1 a �. BTfz�m"^a..� _,,,.,..._.�4 taS,c��•-'s'°� City Clerk 4 f�/V/6 City Manager Agreement overlaqi$25,000 APPROVED AS TO FORM: Reviewed and approved by / Procurement& Contracting By: Vl Initia[s-^ Date�� City Attorney P.O.Number CONTRACTOR: Check one:_Individual_Partnershirr-.�(Corporation Corporations require -notartzed 'gnatures:One f m each of the following:A.Chairma�f--B ard,Preside t,or any Vice Pre ' ant:AND B. Secretary,As is nt Secretary sur ,Assista reasurer,or Chief Financial Offiger). r' g • -- By. Sig IIe(notar d) Signat / `Y�t nota i d) Name: me :n, A l 'C2�zym Na : �1 �L Title: 11ti 4(ra l_`' �t 0 Title: State of U Cv1 ka, I State of ! -luCGI County of •YQ (d L Iss ,1 / J� County of )Jss, (� On2t a' before me,�Le[ayt ,e rLt t x/aC�(OCQ(� on 11✓before me,��j"IZ�°/f/Cfn i 9Qcm r personally appeared OICI L(a,1 ' © '�.-IA R personally appeared Z W I izrii '1 17 personally known to me( personally known tome —1— HIM of safisfactaf evidence)to be the person(,#)whose name(j is/ara subscribed to the a�iderroe)to be the person(j)whose name()Were subscribed to the within instrument and acknowledged tome that he/s♦ieitheyexecuted within instrument and acknowledged tome that he/shekhey executed the same in his/herfthe r authorized capacity(igW and that by the same in hisllwr#heir authorized capacity(W, and that by his/herltheir signature(,q)on the instrument the person(4,or the entity his/hapitheir signatureM on the instrument the person(s'),or the entity upon behalf of which the persori acted,executed the instrument. upon behalf of which the person(p)acted,executed the instrument. WITNESS my hand an fficial eal. WITNESS my hand arA officialsea[. � r Notary Signa ure: Notary Sign ture: Notary Se Notary Sea : y � MELANIEALEXAP�DER "r' r Fa �i 11fit WNIFALE„ANDER��II Ccmm !or „ 1312594 Lam° k� a Ccmr, 1nr 1312594 72 Notary Pub is California ? , Wcca-y Pub is CaliforniaCaliforniaRiverside County vs �,;� k e Ic Cuur y f 4y Cc,^rn Eh as Jug 9 2005 I �� jny Crr i- L, es Jn,o, 5 200 0 Airport Security Girard Services OSLq''`'Le�.riit:�� ..(.rJ1(\.I, !bi: �'•��F1 d 3 �J I fl { �.�_� .�J..i i{�iuL_. 4 v.u���n) Ci 21lf�,nY,:Ij'Iy'�( i.l9i i r �cv4+n���vui �. Yu.`'�,�I'2y�P.M�wv M-naV n. �'�59 �� � ♦w� civnu c...n _vn,.w.�irwn+x: ;iL�.37;Q Ov. v � 1 � � � ., l Airport Security Guard Services Exhibit`A"-Scope of Services EXHIBIT "A" SCOPE OF SERVICES I. BASIC SERVICES A. This agreement shall be for security guard services fora period not to exceed one(1)year.The scope of work contemplated under this Agreement is for security guard services related to City Project 2002-20, Southerly Terminal Roadway Security Reconfiguration at the Palm Springs International Airport (PSP). 1. The above named project is for modifications to the Airport's loop roadway system and the construction of a centralized inspection facility. In order to complete the construction, the employee parking area and a secured area access gate require temporary relocation. The services outlined in this agreement are necessary for the City of Palm Springs, Department of Aviation(AIRPORT),the operator of the Palm Springs International Airport to maintain compliance with aviation security mandates from the Transportation Security Administration (TSA). B. The Contractor shall provide professional security guard personnel, including all management, supervision, labor, equipment, supplies and materials necessary to satisfactorily perform the security related functions required by the Transportation Security Administration (TSA). C. The primary function of the guard services will be to monitor, observe and inspect vehicles which require access to secured portions of the Airport. Said services are anticipated to begin on or about April 1, 2003 and be complete on or about December 1, 2003. Said services are anticipated to be required 7 days a week, including holidays between the hours of 0400 (L)to 0000 (L). II. ADMINISTRATION A. The Contractor shall provide all management,supervision,employees,equipment and supplies necessary to satisfactorily perform security guard services at specified locations of the Palm Springs International Airport. The security guards shall not be armed. B. All personnel shall have, at a minimum, a high school education verifiable by a High School diploma or a GED certificate. C. All security guard personnel shall obtain and maintain a valid State of California Driver's License. Copies for all security guard personnel assigned to the Airport shall be provided to the Contract Officer. D. The firm shall be licensed as a 'Private Patrol Operator' by the State of California. Said license shall remain valid throughout the term of the agreement. Proof of this license shall be provided to the AIRPORT upon request. See http://www.dca.ca.gov/bsis/bsisptrl.htm for additional information. E. All security guard personnel are required to be licensed as a 'Security Guard' by the State of California. Said license shall remain valid throughout the term of the agreement. Proof of this license shall be provided to the AIRPORT upon request. See http://www.dca.ca.gov/bsis/bsisgard.htm for additional information. Page 12 of 20 Airport Security Guard Services Exhibit ''A Scope of Services F. All personnel shall have the ability to prepare legible detailed reports for submission to the AIRPORT. Said reports can be hand written or computer generated, at the discretion of the Contractor. G. The Contractor shall be responsible for maintaining the highest standards of employee competency,conduct,appearance and integrity.The Contractor shall be responsible for taking such disciplinary action, as necessary with respect to any and all contract personnel. H. The AIRPORT reserves the right to request, and the Contractor shall immediately comply, with the removal of any contract employee from the Airport should it be determined that individuals are being assigned to duty who are found to be unfit for performing security services, A determination of unfit for duty may be based on, but not limited to, incidents involving any or all of the situations listed below: 1. Violation of Airport Rules and Regulations governing City, AIRPORT or tenant property. a. All violations of Airport security are also violations of the City of Palm Springs Municipal Code 11.33.052. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. In addition, violations of the ASP shall be subject to fines against the Contractor in accordance with the ASP. 2. Neglect of duty, including sleeping while on duty, conducting personal affairs during official time, leaving assigned inspections without authorization and/or relief personnel being present and refusing to render assistance or cooperate in upholding the integrity of the TSA approved Airport Security Program (ASP). 3. Theft, vandalism, immoral conduct or any other criminal actions. 4. Selling,consuming or being underthe influence of intoxicants,drugs or substances which produce similar effects. 5. Unauthorized use of AIRPORT property. 6. Violation of any security statues, procedures or regulations and violation of any state or federal criminal law in effect at the time of the act or omission. Ill. FREQUENCY OF SERVICE A. Guard services will be required 20 hours a day, 7 days a week, including holidays,for the term of the agreement. Security service hours shall begin at 0400 (L) through 0000 (L). B. During shift change, Contractor shall ensure that relief personnel are on duty at the assigned location prior to the release of on duty personnel. C. The AIRPORT reserves the right to amend the number of hours per day that guard personnel are required. Page 13 of 20 Airport Security Guard Services Exhibit "A"-Scope of Services IV. SCOPE OF WORK A. One (1) unarmed, uniformed security guard on duty shall be on duty at any one time, in accordance with the information is Section III of this Exhibit.Scheduling of contractor personnel is the responsibility of the Contractor.The Contractor shall ensure that personnel remain at the assigned location, including during shift change. B. Ensure that only authorized personnel and vehicles are allowed access to the restricted area. C. Communications with AIRPORT personnel during routine and emergency situations. D. Patrol of adjacent parking lot. E. A full time supervisor shall be available for on call assistance at all times. F. Every good faith effort shall be made to have the same security guard personnel assigned during the term of this agreement. G. The Contractor shall establish policies and procedures to safeguard employees, property and Airport personnel while on duty.All guard personnel shall be familiarwith nonviolent resolutions to conflict, assist during emergency situations, identify conflict and intervene courteously and help diffuse potential employee/client problems. V. DUTIES/PROCEDURES A. Each of the Contractor's employees shall conduct themselves professionally and carry out their duties in a courteous, yet firm and effective manner. Each employee must present a good physical appearance, be neat, clean and in proper uniform at all times. B. Each of the Contractor's employees shall be familiar with the applicable Rules and Regulations of the AIRPORT and immediately report all deviations or suspicious incidents to the Airport Control Center (CCOPS). C. Each of the Contractor's employees shall remain alert at all times for emergencies, accidents, fires, obvious hazards, etc. and report any and all such observations to CCOPS. D. The area of responsibility shall include all areas visible from the guardhouse. Inspection personnel shall acquaint themselves with users who are authorized entry into restricted areas of the Airport. E. Ensure each employee is in possession of a valid Airport Identification badge which allows access to the restricted area. F. Ensure that each vehicle requesting to enter the restricted area is displaying a valid permit in accordance with AIRPORT Rules and Regulations. G. Inspect all vehicles entering through the access gate in accordance with security procedures and/or as directed by the AIRPORT. H. Remain physically present at the gate while on duty. Never leave the area unattended. Page 14 of 20 Airport Security Guard Services Exhibit A"-Scope of Services I. Immediately contact companies/persons responsible for escorting delivery and other vehicles requiring escorted access prior to allowing access. Ensure proper escort is in attendance before allowing such access. VI. COMMUNICATION A. One (1) 800 Mgh portable radio capable of communicating with the AIRPORT will be provided to the Contractor. Contractor shall make every effort to ensure that the radio remains free of damage during the term of this agreement. Should the radio become damaged and/or unusable, the Contractor will be responsible for reimbursing this cost to the AIRPORT. B. The Contractor shall provide one (1) cellular telephone, including all appurtances for use by guard personnel during the term of this agreement. The Contractor shall be responsible for all costs incurred due to the use of this telephone. VII. MISCELLANEOUS A. The AIRPORT will provide a guardhouse, including lavatory (portable) for use by Contractor personnel. B. Services are performed in accordance with this agreement and/or the Palm Springs International Airport, Airport Security Program (ASP). C. All violations of Airport security are also violations of the City of Palm Springs Municipal Code 11.33.052. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. In addition, violations of the ASP shall be subject to fines against the Contractor in accordance with the ASP. Page 15 of 20 Airport Security Guard Services Exhibit 'B"- Special Requirements EXHIBIT "B" SPECIAL REQUIREMENTS I. Section 5.1 (c) Automobile Insurance shall not apply to this agreement. II. Section 5.3 Performance Bond shall not apply to this agreement. III. CRIMINAL HISTORY RECORDS CHECK (CHRC) A. The Contractor will be required to submit to the AIRPORT, prior to commencing work in accordance with this agreement, a letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint based Criminal History Records Check (CHRC) and/or an employment history verification. B. Each of the Contractor's employees will be required to successfully complete a Criminal History Records Check(CHRC)in accordance with 49 CFR Part 1542. Employment history verification records and/or CHRC results must be made available to the AIRPORT, the Transportation Security Administration (TSA)and/or Federal Aviation Administration (FAA) immediately upon request. 1. Under certain circumstances,and out of control of the AIRPORT, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. 2. All Contractor personnel who will be performing guard services, prior to the issuance of an Airport Identification badge, must successfully complete a fingerprint based Criminal History Records Check (CHRC). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows: a. Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306. b. Interference with air navigation; 49 U.S.C. 46308. C. Improper transportation of a hazardous material; 49 U.S.C. 46312. d. Aircraft piracy; 49 U.S.C. 46502. e. Interference with flight crew members or flight attendants; 49 U.S.C. 46504. f. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. g. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505. h. Conveying false information and threats; 49 U.S.C. 46507. i. Aircraft piracy outside the special aircraft jurisdiction of the United States;49 U.S.C. 46502(b). j. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. k. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. I. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. m. Murder. n. Assault with intent to murder. Page 16 of 20 Airport Security Guard Services Exhibit 'B"- Special Requirements o. Espionage. p. Sedition. q. Kidnapping or hostage taking. r. Treason. S. Rape or aggravated sexual abuse. t. Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. U. Extortion. V. Armed or felony unarmed robbery. W. Distribution of, or intent to distribute, a controlled substance. X. Felony arson. y. Felony involving a threat. Z. Felony involving— (1) Willful destruction of property; (2) Importation or manufacture of a controlled substance; (3) Burglary; (4) Theft; (5) Dishonesty, fraud, or misrepresentation; (6) Possession or distribution of stolen property; (7) Aggravated assault; (8) Bribery; or (9) Ilegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. aa. Violence at international airports; 18 U.S.C. 37. bb. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d). 3. The AIRPORT utilizes an electronic fingerprint machine, which will be utilized for the taking and submission of fingerprints. 4. Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days. C. Employee Security Badges 1. All Contractor personnel who will be performing guard services must obtain, and conspicuously display on their person at all times when they are on duty, an Airport issued security identification badge. 2. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building.The cost for each identification badge is$25.00. Each CHRC also costs $35.00. Stolen and/or lost identification badges are subject to a$35.00 replacement fee. 3. All badges are to be returned to the AIRPORT when the services are no longer required. Page 17 of 20 Airport Security Guard Services Exhibit 'B Special Requirements 4. In order to obtain a Secured Area identification badge, each Contractor employee must have satisfactorily completed the aforementioned CHRC and successfully completed a required 2 hourtraining class on airport security.Attendance of the class and subsequent issuance of the security identification badge may take longer than 3 hours per person. a. SIDA training will be provided by the AIRPORT and will be scheduled at a mutually agreeable time to the Contractor and the AIRPORT. Page 18 of 20 Airport Security Guard Services Exhibit °C- Schedule of Compensation EXHIBIT "C" SCHEDULE OF COMPENSATION I. HOURLY RATES AND BILLING PROCEDURES A. Listed Rates are inclusive of labor overhead, administrative costs and profit. B. Security guard personnel shall be compensated at the rate of$12.50/per hour. The maximum amount for this agreement shall not exceed$75,600 without approval from the Contract Officer. C. Invoices shall be submitted to the Contract Officer on a monthly basis for services performed. Said invoices shall state the time period involved, the guard personnel involved, the hours worked by each guard personnel and the total number of hours worked per month. Page 19 of 20 Airport Security Guard Services Exhibit "D"-Schedule of Performance EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Security guard services are estimated to begin on or aboutApril 1,2003 and be complete on or about December 1, 2003. Said services are anticipated to be required 7 days a week, including holidays between the hours of 0400 (L) to 0100 (L). Page 20 of 20 City of Palm Springs IFB 03-03 Security Guard Services for the Palm Springs Intemational Airport Name of Bidder: INVITATION FOR BID (IFB) 03-03 AIRPORT IMPROVEMENT PROJECT NO. 3-06-0181-35 Security Guard Services for the Palm Springs International Airport Management, Supervision,Labor,Equipment,Supplies and Materials necessary to perform Security Guard Services at the Palm Springs International Airport STATEMENT OF QUALIFICATIONS (Respondent's Questionnaire) A response to this Invitation For Bid(IFB)to enter into a Professional Services agreementwith the City of Palm Springs, Department of Aviation (AIRPORT)to provide security services at the Palm Springs International Airport will not be considered unless all the information requested in this Statement of Qualifications (questionnaire) is provided by the Respondent. Statements must be completeand accurate.OMISSIONS,INACCURACIES ORMISSTATEMENTS MAY CAUSETHE REJECTION OF A RESPONSE OR SUBSEQUENT REVOCATION OF THE AGREEMENT. Statements and answers relating to each question in this questionnaire must be answered on the page on which the question is found or on sheets (not-to-exceed three sheets per questions), attached to the applicable questionnaire page.All statements must be neatly typed on 8-1/2"x I I paper and must reference the page number of the questionnaire to which it applies. By submission of a response, the Bidder authorizes the City of Palm Springs to make any inquiry or investigation it deems appropriate to verify or augment the information contained in this questionnaire,and authorizes others to release to the City of Palm Springs any and all information sought by the City of Palm Springs in such inquiry or investigation. I. BIDDER (PROPOSED CONTRACTOR) A. Name and address of Bidder exactly as it witvAi rlll appear on any final Agreement: l I /a$cr gr¢i1�+1 ar,Iw D,, —T B. Name of local contact person and local address of Bidder for purposes of notice or other communication /relating �to the proposed Agreement if different than above: 44tf C. Telephone No. 0 !r5 o l IFB 03-03 Chapier V1-Page 14 City of palm Springs IFB 03-03 Security Guard Services for the Palm Springs international Airport D. Number of employees nationally ( ) locally ( 7C) ) E. The Bidder is a Sole Proprietorship ( ); Partnership (_); Corporation Joint Venture ( ); or Explain if necessary: II. PARTNERSHIP STATEMENT - If the Bidder is a partnership, please answer the following: A. Date of Organization B. General Partnership (_) C. Limited Partnership (_) D. Statement of Partnership recorded? Yes (_) No (_) Date Book Page County E. Has the partnership done business in Riverside County? Yes (_) No (_) When? Where? III, CORPORATION STATEMENT- If the Bidder is a corporation, please answer the following: A. When incorporated? 19 154 B. Where incorporated? C�.a /. "'M14 IFB 03,03 Chapter VI-Page 15 City of Palm Springs IFB 03-03 Security Guard Services for the Palm Springs International Airport C. Is the corporation authorized to do business in California? Yes ( x )No ( ) If so, as of what date? D. The corporation is held: Publicly ( ) Privately C_X E. If publicly held, how and where is the stock traded? IFB 03-03 Chapter V1-Page 16 City of Palm Springs IFS 03-03 Security Guard Services for the Palm Springs International Airport IV. BIDDER'S FINANCIAL DATA - Each Bidder must answer the following questions: A. Surety Information-Has any surety or bonding c mpany ever been required to perform on the default of this firm? Yes ( ) No (!) If Yes, please attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. B. Bankruptcy Information - Has this firm ever been adjudicated bankrupt or are any presently debtors in pending bankruptcy matters? Yes (_) No ( �C ) If Yes, please provide detailed information of each action. C. Pending Litigation - Is this firm presently a party to ANY pending litigation, liens, or claims? Yes ( ) No (_,?c,) If Yes, please provide detailed information for each action. D. Claims. Liens or Judgments - Is this firm now subject to any outstanding claims, liens orjudgments? Yes ( ) No (—X ) If Yes, please provide detailed information for each claim, lien orjudgment. V. EXPERIENCE STATEMENT A. In no more than two (2) 8-1/2" x 11" pages, describe in detail the duration and extent of your business experience with special emphasis upon experience related to the security services business,the pertinent experience ofthe person(s)who will be directly involved in the management of security guards, and the selection and training procedure for security guards who will be assigned to this site. B. Enclose a copy of your State of California "Private Patrol Operator" (PPO) license. List initial classes with total hours and how many hours of refresher classes are required each year. C. List the addresses of all of your existing business operations and furnish a brief description of the security services provided at each location. If you have more than 10 business locations; state the total number of locations and list and describe approximately 3 of them. VI. OTHER INFORMATION - In no more than two (2) pages, please provide: A. A thorough description of the selection and training procedure that will be used for guards on this postwith special attention given to anytraining in dealing with the public. Provide a statement that all guards on this post will abide by a drug-free work place policy. B. Minimum hourly starting wage and list all benefits available to guards on this post. Note any other facts which you believe will contribute to a low turnover of guards at this site. C. Detail yourfield supervision prdcedures,including numberof supervisors on each shift, frequencyof supervisor checks, how supervisors maybe reached,and howemergency replacement of guards is handled on a 24-hour, seven-,day basis. IF6 03-03 Chapter VI-Page 17 City of Palm Springs IFB 03-03 Security Guard Services for the Palm Springs International Airport D. Pertinent experience guarding large office facilities. E. Any other information which may be helpful in evaluating your response. VII. HOURLY RATES A. Insert the hourly rates below that you will charge the AIRPORT if your firm is awarded an agreement to perform the services as outlined within this IFB: 1. Security guard personnel rate: $ tZ.�;41 Per Hour B. Total hours to be provided by guard personnel during the anticipated term of the agreement shall not exceed 6,048 hours (if the agreement is not terminated early). ADDENDUM (S) # is/are hereby acknowledged. Name of Bidder: ��!/1'V G�arrtZWTi rr�w�'r tf Address: f(J Z� cid•• � Q ;5',,dj6 92Z6 f Phone/Fax Numbers: 2.0- Signature of Authorized Representative: Name/Title of Authorized Representative: iS1�,1id ✓ �'�s" IFB 03-03 Chapter VI-Page 18 City of Palm Springs iFB 03-03 Security Guard Services for the Palm Springs International Airport Name of Bidder: 6'iAs ixteZAvi J al4c 401 BIDDER'S REFERENCE LIST INVITATION FOR BID (IFB) 03-03 AIRPORT IMPROVEMENT PROJECT NO. 3-06-0181-35 Security Guard Services for the Palm Springs International Airport Management,Supervision, Labor,Equipment,Supplies and Materials necessary to perform Security Guard Services at the Palm Springs International Airport List three persons or firms for whom you are currently providing similar security services and one financial institution, which has knowledge of your payment history. References will be contacted by the AIRPORT. Reference #1 Agency/Client Ci a U A //r Its Contact Person 13 saX Address Phone Number 3 l4s. 3 b o FAX Number Email Magnitude of Services Performed IFB 03-03 Chapter Vll-Page 19 City of Palrn Springs IFB 03-03 Security Guard Services for the Palm Springs International Airport Name of Bidder: ,6*4�ta% S`yxaa)v Reference #2 Agency/Client Contact Person D/d d Address ram► Phone Number &` v FAX Number Email Magnitude of Services Performed a.'j n Reference #3 Agency/Client Contact Person !� Address Phone Number —7 7 f^ ga FAX Number Email Magnitude of R �-.e4wif " Services Performed 11..7av/ Gf+4�vsj �py�7,d�l S E e u.na IFB 03-03 Chapter VII-Page 20 City of Palm Springs IFB 03-03 Security Guard Services for the Palm Springs International Airoolt NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) The undersigned, being first duly sworn, deposes and says that he or she is J. of 0 2IH9 , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bid- ding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,orthe contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee 1c any corporation, partnership, company, association, organization, bid depository, or an- mot er member or agent thereof to effectuate a collusive or sham bid. _.-- j� �` � a Title 1/�n 9 v6t`�',� r Subscribed and sworn to before me this - i' day of . a_ 2003. Ay�hP 4anOf Notary Public ind County and State CHANDRAS.SHQBERG Commission#1363213 i Notary Public-California Rlvarwo Gounty MY Comm.F.agrinss,lun 30,20p6 IFI3 03-03 chapter VIII-Page 21 City of Palm Sprigs IFB 03-03 Security Guard Services for the Palm Springs International Airport Name of Bidder: INVITATION FOR BID (IFB) 03-03 AIRPORT IMPROVEMENT PROJECT NO. 3-06-0181-35 Security Guard Services for the Palm Springs International Airport SPECIFICATION COMPLIANCE CHECKLIST Utilize this checklist to indicate compliance with or deviation from the technical specifications included in the IFB. Attach pages as necessary to describe any deviations from the specifications. Technical Specifications Section I. Administration Item Number Complies With Specification Deviates from Specification A dyK B C e D emvl E F Section II. Criminal History Records Check (CHRC) Item Number Complies With Specification Deviates from Specification A 0 / B ©/tom C Section III. Frequency and Search Item Number Complies With Specification Deviates from Specification A Section IV. Scope of Work Item Number Complies With Specification Deviates from Specification A B IFB 03-03 Chapter IX-Pa0e 22 City of Palm Springs IFB 03-03 Security Guard Services for the Palm Springs International Airport C Pf D E F G H I J K Statement of Qualifications Section I. Bidder Item Number Complies With Specification Deviates from Specification A B C D E Section II. Partnership Statement Item Number Complies With Specification Deviates from Specification A B C D E Section III. Corporation Statement Item Number Complies With Specification Deviates from Specification A B C D IFB 03-03 Chapter IX-Page 23- City of Patin Springs IFB 03-03 Security Guard Services for the Palm Springs international Airport E Section IV. Bidders Financial Data Item Number Complies With Specification Deviates from Specification A B C D E Section V. Experience Statement Item Number omplies With Specification Deviates from Specification A B C Section VI. Other Information Item Number Complies With Specification Deviates from Specification A B C D E Section III. Hourly Rates Item Number Complies With Specification Deviates from Specification A B (Signatures on next page) IFB 03-03 Chapter IX-Page 24 City of Palm Springs I IFB 03-03 Security Guard Services for the Palm Springs International Airport I hereby certify that the information provided on this specification compliance checklist is accurate and that, where any deviation was noted, I have attached a description of the nature of such deviations. Signature of Authorized Representative: ry Name and Title of Representative: Imo, ,,�Ll Gi6W Oa 1F6 03-03 Chapter IX-Page 25 AC Ro CERTIFICATE OF LIABILITY INSURANCE, OP ID B DATE(MM/DDYY) INN-1 31 02/21/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UVIS/Granite Prof Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OC41366 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5994 W. Las Positas Blvd. #117 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton CA 94588 Phone: 925-416-7800 Fax:925-416-7805 INSURERS AFFORDING COVERAGE INSURED INSURER A: First _Specialty Insurance Corp - INSURER Ace Fire Underwriters Ins. O'Linn Executive Security Inc. INSURER C. �" "- 1025 S. Palm Canyon Drive INsuRERD Palm Springs CA 92264 INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHI CFI THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDCIYYE PDATEYMMIPODYY N� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ l,OD O,DOD A X COMMERCIAL GENERAL LIABILITY C12902206-1 10/16/02 10/16/03 FIRE DAMAGE(Anycnel,re) $ 50,000 CPIM$M1AOE �IOCCUR MED EXP(Any oe person) $ 5,000 X Error_s_ & Omissionj PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 3,000, DDD POLICY I ' PRO- LOC — — RI- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accitlent) — TALLOWNEDAUTOS BODILY INJURY --� SCHEDULED AUTOS (Per Person) $ HIRED AUTOS - - BODILY INJURY $ NON-OWNED AUTOS (Per @cc dent) -- - --- - - PROPERTY DAMAGE — — (PeraccIdenl) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ANY AUTO EA ACC $ 0THERTHAN AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE I $ OCCUR D CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TORVLIMITS�__ ER _ EMPLOYERS'LIABILITY B - - - --- - WCZ0001429_ - - 10/16/02- .10/-16/--03- E L FACFI ACCIDENT I_$ 1-1 000,00c - - E.L.DISEASE-EAEMPLOYEE $ 1,000,D00 EL.DISEASE-POLICYLIMIT i $ 1,ODD,DOD OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER;_ CANCELLATION CITYO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Palm Springs 3200 E. Tahguitz Canyon Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palm Springs CA 92262 REPRESENTATIVES. AD REFIRE NTATIV ACORD 25-5(7/97) CORD CORPORATION 1988 Policy Number: C12902206-1 Commercial General Liability Named Insured: O'Limi Executive Security Inc. Effective Date: 10/16/02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. CG2010 11/85 Copyright,Insurance Services Office,Inc. 1984 'e CERTIFICATE OF INSURANCE ` Th t ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois f�` ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illino ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontarl INSUTANCib ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florl ❑ STATE FARM LLOYDS. Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder O'LINN EXECUTIVE SECURITY Address of policyholder 1025 S PALM CANYON DR, PALM SPRINGS, CA 92264- 8 Location of operations Description of operations SECURITY The policies listed below have been issued to the policyholder for the policy periods shown. The In nce described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown ii have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD IMITS OF LIABILITY Effective date ; Expiration DataFch Inning of policy period) Comprehensive BODILY INJURY AND Business Liability _ PROPERTY DAMAGE This Insurance includes: ❑ products-Gom leted O -`---- p Aerations ❑ Contractual Liability ❑ Underground Hazard Coverage nce $ ❑ Personal Injury ❑Advertising Injury General A agate $ ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products ompleted $ � Operation ggregate EXCESS LIABILITY POLICY PERIOD BODILY 11 URY AND PROPERTY DAMAGE Effective Date EWkaticn Dab ombined Single Limit) ❑ Umbrella Each Doc ence $ ❑Other Aggregat $ Part t,STAAA UTORY Part 2 BO LY INJURY Workers'Compensation and Employers Liability Each ACc t ; Disease E h Employee $ Disease- licy Limit $ POLICY PERIOD IMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date j Expiration Data (at ginning of policy period) 954 6079--C29 AUTOMOBILE 09/29/02 09/29/03 1,000,0 CSL ANY AUTO NON-OWNED }FIRED THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFI TIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED H EIN. CERTIFICATE HOLDER I$ ADDITIONAL INSURED ON ALL POLICIES If any of the d ribed policies are canceled before EXCEPT WORKERS COMPENSATION, ALL POLCIES PROVIDE COVERAGE its expiration e, State Farm will try to mail a WHICH IS PRIMARY TO CERTIFICATE HOLDERS COVERAGE. written notice t e certificate holder 30 days before cancellation. If ever, we fail to mail such notice, Name and Address of Certificate Holder no obli ation liability will be imposed on State Farm r a age or repr ntatives. City 4P Palm Springs 3200 Tahquitz Cyn Palm Springs, CA 92262 Sig mof Auth Representative Attn: Patricia Sanders AG T Title Date STATr FARM „ F.URV HOOVER,Agent Llo.#576452 66e-994 o.a 04-1999 Primed in U.S.A. 5345 Fallbrook Avenue INSURANC% Woodland Hills,CA 91$67 Phone-(818)887-IMO ACORD_ CERTIFICA1 . OF LIABILITY INSURANCE OLIUP NN B DATE,MM/°°/ NN-1 10/21/0303 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Granite Prof Ins Lic #OC41366 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokerage, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6600 Koll Center Parkway #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton CA 94566 Phone: 925-462-8400 Fax: 925-462-8888 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: First Specialty Insurance Corp INSURER B: ' O'Linn Executive Security Inc. Richard O'Linn I INSURER 1025 S. Palm Canyon Drive INSURER D Palm Springs CA 92264 --'=� --- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITI-I RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' DD- POLICYEFFECTIVE POEWYEXPIRATO LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/OOIYY DATE MM/OD/YY LIMITS GENERAL LIABILITY EACHOCGURRENCE S1,000,000 �AMACE�o�ENTED _A X COMMERCIAL GENERAL LIABILITY C22902206-2 10/16/03 10/16/04 PREMISES(E.occurence) $ 50,000_ CLAIMS MAOC L" OCCUR MED EXP(Any one person) $ 5,D D 0 X Errors s Omission PERSONAL&AOV INJURY $ I'D00,000 _J GENERAL AGGREGATE s3,DDO,D00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY PROCT TOO JE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accldenU ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per a.,d.nl) PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANVAUTO EA ACC S _ OTHER THAN _ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND A EMPLOYERS'LIABILITY n TORY LIMITS ER ANY PROPRIETOR/ RIEXECUTIVE E.L.EACH ACCIDENT S EXCLUDED? OFFICER/MEMBER EXCLUDEDP EL DISEASE-EA EMPLOYE $ PECAL PRe under S - PECIALPROVISIONSbelmv E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder named additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION CITYO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL City of Palm Springs 3200 E. Tahquitz Canyon Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER,ITS AGENTS OR Palm Springs CA 92262 REPRESENTATIVES. AT REPRE NTATIV ACORD 25 (2001/08) ACORD CORPORATION 1' w M State Farm Mutual Automobile Insurance CA Comppany 31303 EW, O Road Westlake VilSq CA 91363 INSURED O'LINN EXECUTNE SECURPfY MUTE. SERVICES,INC VOL POLICYNUMBER 838739-AIO-75B EFFECTIVE YR 1999 MAKEFORD SEP252003 TO JUL102004 MODEL CONTOUR VIN 1FAFP6639XK206173 AGENT GARYHOOVER PHONE f8181887.1060 NAICU 25178 COVERAGtt-PRROVIDED BY THE POLICY MEETS THE MINIMUM LIABILITY LIMITS PRESCRIBED BY LAW. COVERAGES A D500 G500 U 01 SEE THE REVERSE SIDE FOR AN EXPLANATION ;�� ill I■111 ° +. � + .°�' 'I State Farm Mutual Automobile s pp 3 303 ATOUM Road Westlake Villaggge CA 1363agY INSURED O'LINN EXECUTIVESECURITY MUTL SERVICES,INC VOL POLICYNUMBER P77377O-C12.75C EFFECTIVE YR 1994 MAKE FORD SEP 122003 TO MAR 122004 MODEL ESCORT VIN OFRZP14JiRW110809 AGENT GARY HOOVER PHONE �818T887.1060 NAIC N 25178 COVERAG PROVIDED BY THE POUCY MEETS THE MINIMUM LIABILITY UMITS PRESCRIBED BY LAW. COVERAGES A D500 G500 U IN SEE THE REVERSE SIDE FOR AN EXPLANATION