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HomeMy WebLinkAbout03682 - WACKENHUT SECURITY AIRPORT MO 5780 ?ALM S City of Palm Springs 'A;p5 Office of the City Clerk, .1 (760) 323-8204 V U+ } MEMORANDUM C"11 L 1 Ft3VL Date: March 31, 2003 To: Airport From: City Clerk AGREEMENT#3682 —Wackenhut Corp. Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: 7-17-99 1 STATUS: C, �-- COMPLETED: REMAIN OPEN UNTIL: Date & Initials CLOSE AGR nature PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\forms.s0agr-clse.mem The Wackenhut Corp. . Unarmed Private Security P.S. Regional Airport AGREEMENT #3682 M05780, 7-17-96 CITY OF PALM SPRINGS 7 CONTRACT SERVICES AGREEMENT FOR UNARMED PRIVATE SECURITY SERVICES THIS CONTRACT SERVICES AGREEMENT(herein "Agreement") is made and entered into this day of 1996, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "Cit ") an j&Wackenhut Corporation, Riverside, California (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scone 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 Forty Thousand Dollars ($40,000.00) ("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. Robert B. DeBarr, Area Manager, 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., Director of Department of Transportation, 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. 3.3 Prohibition ALainst 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 prior written approval of City. Any such prohibited assignment or transfer shall be void. FM296r0YW993"M22693.2 m 9/22/95 ORIGINAL BID ANDIOP AGREE-NPENTi a 0 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, INDEA IFIICATION 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) Comprehensive General Liability insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either(i) a combined single limit of$500,000.00 or(ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of$100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of$1,000,000.00 for bodily injury, death and property damage or (ii) bodily injury limits of$500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (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 shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotivefnsurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$250,000.00 per person and$500,000.00 per occurrence and property damage liability limits of$100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. 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, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insured. 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. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty(30) days prior written notice by registered mail to the City. In the event any of said policies of insurauee 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 City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of Insurance 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 persons for which the Contractor is otherwise responsible. /3,#3 rSP276W99999-3 \=693.2 m M2IT/95 -2- 13f9V 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 policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 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 otmissions 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: (a) Contractor will defend any action or actions tiled 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 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 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. 4.3 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 Clerk, 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. 4.4 Sufficiency of Insure or Surety. 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 Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City ("Director of Administrative Services") due to unique circumstances. In the event the Director of Admnistrative Services determines that the work or services to be performed under this Agreement creates 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 Director of Administrative Services; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Director of Administrative Services to the City Council of City within ten (10) days of receipt of notice from the Director of Administrative Services. rS2\296\099999-IX XM22692.2 m08122195 -3- 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, with two (2)one year renewal options upon mutual consent of the City and the Contractor. 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 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 ALainst 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 discrinunation 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 terns 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 corurnmication 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 terns 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 Inteeration; 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 o F this Agreement which are hereby declared as severable and shall /3g5� FSP276W99999-3 M22693.2 m 8/22/95 -4- 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. 6.8 Waiver. No delay o.r 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. CITY: C-h OF PALM SPRI GS, a municipal corpora n City .eager ATTEST: {f\ Cif Clerk .K is lr APPROVED AS TO FORM: v City At or y [SIGNATURES CONTINUED ON NEXT PAGE] FS=76W9999-3000=693.2 m 8/22195 -5- CONTRACTOR: THE WAC�, C�ENHUT RPORATION � 4 By: 1 ��� Name: Robert B. DeBarr Title: Area Manager ADDRESS: THE WACKENHUT CORPORATION 1737 Atlanta Avenue, Suite H-3 Riverside, CA 92507 [END OF SIGNATURESI 134 FS 76\099999-3 M22693 2 mOSM/95 -6- EXHIBIT "A" /3 of SCOPE OF SERVICES �7 A. 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 Regional 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 IED causing FAA the greatest concern is one similar in nature to that used at the World Trade Center, a 400 pound ammonium nitrate/fuel oil mixture (ANFO) type car bomb. 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. As a point of reference, 400 pounds of ANFO can be contained in an area approximately equal to the volume of either a standard 55-gallon drum(approximately 9 cubic feet in volume), or several large plastic garbage bags. D. The assigned officer(s) shall visually inspect all vehicles that pass his assigned post in accordance with the following: (1) Visually inspect only those vehicles, or any of their major compartments (trunks, cabinets, etc.), which are large enough to contain a tninimum of 400 lb. of material described above. (2) If the vehicle contains items which individually or in close contact with each other could contain 400 pounds of material as described above, 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 or other storage compartments that are hidden, covered, or otherwise obscured from view. Also inspect automobile interiors hidden by heavily tinted or masked glass, and which are large enough to contain the suspect volume. (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) Itetms 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 EXHIBIT "A" F=7"99M-M0 2022693.2 m 8/22/95 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. /3f I EXHIBIT "A" FS2\296\g19999-360 U22693,2 m 9/22/95 I EXHIBIT'B" SCHEDULE OF COMPENSATION The Contractor will submit Invoices to the Contract Officer, Allen F. Smoot, A.A.E., Director of Department of Transportation,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: PER/1311 REGULAR TIME: $9.62 PER/HR PER/HR OVERTIME: THIS A 24-HOUR CONTRACT. OVERTIME RATES DO NOT APPLY. PER/HR HOLIDAYS: $13.47 PER/HR Recognized holidays shall be Thanksgiving Day, Christmas Day, New Years Day,Independence Day, Labor Day and Memorial Day. This Contract shall not exceed$40,000 without approval of the City of Palm Springs City Council. EXHIBIT'B" MEMORANDUM DATE: March 21, 1997 TO: File Note to File: Performance Bond 166087 dated 7-29-96 was furnished to file 3/97 by procurement, in discussion of bonding process, it was noted by procurement that authorization had been given by same to Wackenhut Corporation to reduce the bonding level to $2,500; there is no such authorization in contract, the authorization was subsequently withdrawn, resulting in the Surety Rider dated February 6, 1996. + • Americana International Companies Executive Offices: 70 Pine Street n ^ New York,NY 10270 �/ J AMERICAN HOME ASSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA SURETY RIDER To be attached to and form a part of Bond No. 16.60.87 dated July 29, 1996 executed by The Wackenhut Corporation as Principal,and American Home Assurance Company as Surety,in favor of City of Palm Springs.Department of Transportation as Obligee. In consideration of the premium charged,it is understood and agreed that,effective on July 31 st. 1996 THE BOND AMOUNT IS CHANGED: FROM$2,500.00 TO$40,000.00 Provided,however,that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary,waive, alter or extend any of the terms,conditions, agreements or warranties of the above mentioned bond,other than as stated above. Signed,sealed and dated: 6 February, 1997 THE WACKENHUT CORP TI N VIC al)(seal) ATTEST: CIT SPRIPIGS, CALIF. --1Vck by:JSmd y (title)Vice PresidErit A cepted: �cJ C Icy Plana r AMERICAN HOME ASSURANCE COMPANY (surety) C�c by 'City Clerk A6mey-In-Fact American Home Assurance CO*any POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 83-B-06975 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa , a Pennsylvania corporation, does each hereby appoint ---Kaaren Reagan,Frank Sioli,Joseph Pietrangelo,William L. Parker: of Coral Gables, Florida--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizanccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have cacti executed these presents �W this 2, (1 day of O Io ,r, 1995. Kristian P. Moor, President 1rX.v�* h. 4ava STATE OF NEW YORK } COUNTY OF NEW YORK)ss. _ On this 25th day of October, 1995, before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual 1, Ct Nomw, York and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of 1),LIM�IL, said corporations thereto by authority of his office Coomi.,, ri CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Plusburgh, Pa. on May 18, 1976: "RESOLVED, drat die Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attonicys-in-Pact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizanccs and other contracts of indemnity and wTnmgs obligatory in the nature thereof,and to attach thereto the corporate seal of the Company, in ire transaction of its surety business; - 'RESOLVED,that the signatures and attestations of such officers and die seal of the Company may be affixed to a^y such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate tearing such hucsiniile signatures or facsimile seal sliall be valid and binding upon due Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or wiling obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in clfccl may insert in such certification the date tlicreof,said date to be not later flan die date of delivery thereof by such Attorney-in-Fact," I, Elizabeth M Tuck, Secretary of American ]Lome Assurance Company and of National Union Fire hismance Company of Pittsburgh, Pa do hereby certify that the foregoing excerpts of Resolutions adopted by the Hoards of Directors of these corporations, and the Powers of Atlornev issued pursuant thereto,are We and correct,and that both the Resolutions and the Powers of Attorney are in fill force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation v�"t t,4XU LX/Or this 6th clay of FEBRUARY 1997 . 'f "''°', '�•roo•^��' ElizabethM. Tuck, Secretary • PERFORMANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That THE WACKENHUT CORPORATION as Principal,and AMERICAN HOME ASSURANCF, COMPANY as Surety, are held and firmly bound unto, CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION as Obligee,in the sum of FORTY THOUSAND AND 00/100 (Dollars ($ 40,000.00), for the payment of which sum, well and truly be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a written contract dated with the Obligee for UNARMED SECURITY OFFICERS PALM SPRINGS REGIONAL AIRPORT RFP 6 96 in accordance with drawings and specifications prepared by N/A which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such a bidder and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less amount properly paid by Owner to Contractor. This bond shall only be in effect for a term beginning July 20, 1996 and ending July 19, 1997, and shall only cover work performed during such term,unless Surety elects to extend the effective term of the bond by issuing one or more continuation certificates. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or their heirs,executors,administrators or successors of Owner. Signed, sealed and dated JULY 29 1996 cl2 olekL L f;u THE WACKENHUT CORPORATION (Seal) (Witness) (Principal) By: a&�a—M+� vice" rest ent (Tide) AMERICAN HOME ASSURANCE COMPANY (Surety) Bond No. 16(1087 By: J se t Pietrdilgelo, Attomey-In-Fact " American 1-1 011ie Assurance Coria ily p0"Al E1, OF AT I"op2iEY I Iaiional Union Fire Insurance Company o.f Pittsburgh, Pa. Principal Bond Office 70 Piie Street, New York, N.Y 10270 No 87-13-06975 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance CompanN, a New Fork corporation, and National Union Fire Insurance Connpany of Putsburgh, Pa , a Pcnnsyh'ama corporauou, does each hereby appoint ---Kaaren Reagan,Frank Sioli,Joseph Pictrangelo, William L. Parker: of Coral Gables, Florida--- its true and lawful Attorncy(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognvances and other contracts of indemnity and wraings obligalor} in the nature thereof, issued in the course of its business, and to bind the respecln a company thereby IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pinsbuigh, Pa Im e each executed these presents this 2 th day of Oc ohe , 1995 ,''oe'"�.��,;•y - ;oar oui�, u// - ' Kristian P Moor, President STATE OF NEW YORIC��} COUNTY OF NEW YORK;ss. � On this 251h day of October, 1995, befoie me came the above named officer of American Home Assurance I Company and National Union Fire Insurance Company of Pittsburgh, Pa., to nne personally' knovvn to be the mdisidual and officer described herein, and acknowledged that he executed the foregoing mstriunent and affixed the seals of stud corporations thereto by authority of his off-ice Co. CERTIFICATE Excerpts oCResolutions adapted by die Boards oC Directm of American Home Assurance Company and National Union Fire Insurance Company of Piusburgli, Pa on May 18, 1976 'RESOLVED, that uic Chairman of the Board, the President, of any Vice President be, and hereby is, innhonecd to appoint Attome}'s-m-Peel Is repleseul and act for and on belialf of the Company to etecule bonds, tmdertakmgs, rccognrcaicea and other con(nacts of indenmit_v end �Titiu,-s obligatory'in the nature thereof,and to auaeh thereto the corporate>cal oC the Company, in die transacnou of its surety business, 'RESOLVED, that the silmilbues and attestations of such officers and die seal of die Company may be affixed to any such Power of Attorney or to any cerbflcate relating thereto by facsimile, and any Such Power ofAttomey or certificate bearing such facsunde sngnatiues- or facsimile seal shall be valid and binding upon the Company when so affixed «nth respect to any bond, undertaking, recognvauce or other contract of indemnity or writing obligator) in uic nature ilnccoC, "RESOLVED, that any such Anoney-m-Fact delivering a secretarial=tiGcahon that the foregoing r0S0111t101nS still be in cocci may insert in such eernfication the date biereof said date to be not later than die date of delivery thereof by such Attorney-m-Pact " I, Elizabeth M Tuck, Secretary of American [Tome Assurance Company and of National Onion File Insurance Company of Pittsburgh, 11a do hcrehv ccrbfv that the liiregomg excerpts of Rcsoluuons adopted by 11ie Boards of Directors of these corporations, and the Poi�ers of Auonic}' issued pursuant thereto,are true and correct,and that bout the Resolutions-and the Po�%crs of Attomcy are ui full force and effect IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facSllm lC seal of each corporation tr� r . '_, yti nu•c;;o� this 29th dap of SULY , l9 96 X1 ]i '.'iL'.s �%1l. •'��! ,I✓ ri'i 1:.,_..•.,. Ehaabeth Nt, Tuck, Sccictar)' JUL-07 97 13:11 FROM:TWC RIUERSIDE '3093413030 T0:3220320 PAGE:02 THIN IDtRIIPIr^jt ONLY AND CONF S NO RIGHTS UPON THE CERTIFICATE Aon nick Services of Florida �' NOLDEIL THIS CERTIFICATE DOES NOT AMEND, EXTEND OR, P.O. Box 149800 DGy�J ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral ambles. FL 33114 COMPANIES A R ERAGE 1 � I COM"AW 5- a- 2 1 /� A NATI AL UNION FIRE INS CO PA The Wackenhut Corporation �( THE STATE, OF PA 4200 Wackenhut Drive, 1100 MANY Palm Beach Gard. ,FL 33410-91103 C �{ COMPANY TWSIS TO cFR TIFY THAT THE POLR'IESOFINSURANCELISTEOBELO WHAVE BEENSSUED TO THE WSWIED NAMEOABO VEFORTHE POLICY PERPOO IN=ATED,NOT W ITHST ANOWGANYRECUIREMENT,TEFAAORCONDTIUNUF ANYCONTRACT OROTHERDOC4MENT WITHRE$PECT TO WTNCHTMS CENT FICAIr MAY BESSUED OR MAY PERT AN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ExCLU51DNS AND CONDITIONS OFSUCH POLICIES.LIMITS SHOWNMAY HAVE BEENREDUCED BY PAID CLAMS. ~ M(UhU TYPew WM AAM! TNMlOYwwaa T NTNI rYAMYlM'NATMT LTII v(MAa00Irr1 oATe lwMlawrr) 4MIn . 48MRALLIMILITY UETEIAL 4004OiTE { 5000000 A COM101fCIALOEIEIALLIABILIIY RMGL 1139257 7/01/97 7/01/90 P"DOU rstDwTDP Am t 5000000 CLAIMS wDE®Scar PFJ19OMM,6 ADV IM.NAY t 500000 OWNUTSL COMIMCIORS PACT EACH OCMPPENCE t 5000000 CONTRACTUAL/Eh0 FIRE D&MAOE INV"TWA) t 5000000 RED EW(Aw—Perm) %M290M X. MRO MLINIVIY COMBINED SMILE LIMIT t A X ANY AUTO AACA32072u 7/01/97 7/01/80 9000000 ALL OWNED AUTOS BOOLY RLIP Y i _ SCHOXIED AUTOS RMCA3207210 lFr vR'RR") wREO AUTOS DDOLY KIM { IOMOWM➢ AUTOS (Por ean1 ) PROPERTY DAMAGE t ONAWLIAeLTTY AUTO DRY •EA ACC2ENT t ANY AUTO T1W THAM AUTO OMY: FACII ACMDENT —_� -- AOOIUMIE { EXOMUMLITY EACH OCCUMENCE t UNIffeJ A FORM AOO+EOATE { ODfR THAN UMIRRIA FORM { WarAm teOMFMATMMMAAM SIAIUTON LIMY$ _ lmmom WaLDT A REPROPRETORI IKL RIIWC11B3426/26/27/2S/ 7/01/97 7/01/26 EACN AC:MKI t DSEAZE POLICY LIMIT 1 10000OR :.0:• B PARTNERSIMCUIIYE OFTICM APE: EA4. DISEASE,EACHEMPLOYEE I S 0 O1NNT NIe4N wr AR TMa ATMYlyONeeNae R'OLMaa a6 eATMMLFaa e!T'alTa Tx[ RVNATMM SAYS TNOINf,INK■MMTMe e6MWAWY WILL ammAYOR TO MAL SPECIMEN 30 DAR TTTM1MUTMlTe Ta! ATl MOTAlII NAMOTO TMELSFT, w FAFA MAL PONT NOTMM Au I Mo a1LIaATION AAI LTM LIT r w ANT wwl M ANT, Re on ATINR Karim 459001 ,,... n't...,.. a, r '"^^" :Tv:,'m'-^� ."�;I —y 'R"'�:_:�:,a�::E:ai 'r :3':✓«'� -^ ;.`ticY�,.:..: ?3.b?,..P.ca.<T!� --UM 77`.^.'v a.•.. l � 1 ACORDM CERTIFICAII OF LIABILITY INSURA .E DATE(MMI001Y) PRODUCER Serial#. At 677 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. Of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 019012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami, FI 33101-9012 COMPANIES AFFORDING COVERAGE_... (305) 372-9950 coMPANr A American Home Assurance ,`( 31% INSURED COMPANY / - p'�� The Wackenhut Corporation B National Union Fire Ins. Co ., 2 2Q01 �'O I i' 4200 Wackenhut Drive, #100 COMPANY ' _ P'EFC VED t C Insurance Co. Of State Of PA �+ Palm Beach Gardens, FL 33410 - --- --- -- c ,— `'Z a<u r COMPANY D COVERAGES THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICYEFFECTIVE' POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDYTY) DATE(MMIDDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 'IS 5000000 _ RMGL6123612 07/01/2001 07/C1/2002 /{ X (COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG Is 5600000 CLAIMS PERSONAL&ADV INJURY $ 5000000 OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE �I$ SOOOOOO X I CONTRACTUAL/E&O FIRE DAMAGE (Any onenr.) I$ XXXXXX PROF. LIABILITY MEDEXP (Any one person) $ XXXXXX AUTOMOBILE LIABILITY RMCA5347954 07/01/2001 07/01/2002 COMBNED SINGLE LIMIT $ 5000000 A X ANY AUTO ALL OWNED AUTOS RMCA5347955(TX) BODILY INJURYSCHEDULED $ - X HIRED AUTOS AUTOS (Per person) BODILY X NON-OWNEDAUTOS - (Per acatlenq - - — — �I-- PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ($ ANY AUTO OTHER THAN AUTO ONLY EACHACCIDENT $ AGGREGATE I$ HEXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE �$ OTHER THAN UMBRELLA FORM $ We STATU- OTH I - WORKER'SCOMPENSATIONAND WC5276993 (A) 07/01/2001 07/01/2002 X iTORY LIMITS �ER A EMPLOYERS'LIABILITY II WC5276994(A) — — - - - ___ EL EACH ACCIDENT 3�100_0000 _ B THE PROPRIETOR( X ' NCL WC5276995(B) EL DISEASE-POLICY LIMIT I S i OOo000 C OFFICERS ERSIEXECUTIVE WC5276996(C) OFEIOERS ARE �EXCL ELDISEASE-EA EMPLOYEE $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS CONTRACT NAME- CITY OF PAML SPRINGS SERVICES:TOTAL OPERATION OF PALM SPRINGS JAIL FACILITY POLICE DEPT. RIVERSIDE PLEASE SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY CLERK,CITY OF PALM EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SPRINGS 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O.BOX 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PALM SPRINGS,CA 92263-2743 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, ATTN:PATRICIA SANDERS AUTHORIZED REPATIV ��� ACORD 25-S(1/95) J( ©ACORD CORPORATION 1938 PAGE 1 OF 2 ACORDM DATE(MMIDD/YY) CERTIFICA7F LIABILITY INSURA PRODUCER Serial# A1677 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACID Risk Services, Inc. Of Florida HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 019012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami, FI 33101-9012 COMPANIES AFFORDING COVERAGE COMPANY AAmerican Home Assurance ' A INSURED COMPANY Commerce&Industry ,'+ _%/ +� f 2 ` 2002 The Wackenhut Corporation COMPANY Insurance Co.Of State OfPA 4200 Wackenhut Drive, #100 Q iq. Palm Beach Gardens, FL 33410 COMPANY THIS CERTIFICATE SUPERCEDES A PLACES D CERTIFICATE ISSUED 10/3/02 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. c0 POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MMIDDIYY) LIMITS A GENERAL LIABILITY RMGL6125607 10/02/2002 10/02/2003 GENERAL AGGREGATE 5 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 5,000,000 CLAIMS MADE X OCCUR PERSONAL S ADV INJURY $ 5,000,000 OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000 X CON_TRACTUAL/E&O FIREDAMAGE (Anyanefire) S XXXXXX MEDEXP (Anyone Person) 5 XXXXXX A AUTOMOBILE LIABILITY RMCA5349548 10/02/2002 10/02/2003 COMBINED SINGLE LIMIT $ S,000,OOO X ANY AUTO ALL OWN EDAUTOS RMCA5349549(TX) BODILY INJURY .ir) RMCA5349550MA 5 SCHEDULED AUTOS ( ) � (Per person) X HIRED AUTOS RMCA5349551 (VA) RMCA5349552 (CO) BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY - AUTO ONLY-EAACCIDENT 5 ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT—$ AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE 5 OTHER THAN UMBRELLA FORM $ WC TAT A WORKER'S COMPENSATION AND WC3322481 (A) _ 10/02/2002 10/02/2003 X TORYLMTS eER B EMPLOYERS'LIABILITY WC3322483 (A) EL EACH.ACCIDENT S 1,000,000 C THE PROPRIETOFU X INCL WC3322484(8) EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE - WC3322482 (ti) OFFICERSARE EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS CONTRACT NAME:CITY OF PAML SPRINGS SERVICES TOTAL OPERATION OF PALM SPRINGS JAIL FACILITY POLICE DEPT. RIVERSIDE PLEASE SEE ATTACHED CERTIFICATE HOLDER CANCELLATION, SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY CLERK, CITY OF PALM EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SPRINGS 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. O BOX 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PALM SPRINGS, CA 92263-2743 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN' PATRICIA SANDERS AUTHOR EO REPRESENTS ACORD 25-S(1/95) ©ACORD CORPORATION 1988 Page 1