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HomeMy WebLinkAbout24-87 Andy Frain Services IncResolution No. 24-87 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ANDY FRAIN SERVICES, INC. FOR SECURITY SERVICES AT THE EDWARD SCHOCK CENTRE OF ELGIN, LORDS PARK AND WING PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Andy Frain Services, Inc., for security services at the Edward Schock Centre of Elgin, Lords Park and Wing Park, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2024 Adopted: March 20, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PROFESSIONAL SERVICES AGREEMENT March THIS AGREEMENT is made and entered into this 20th day ofi,2024,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")and Andy Frain Services,Inc, a(n) Illinois Corporation (hereinafter referred to as"CONTRACTOR"). WHEREAS, the CITY desires to engage the CONTRACTOR to furnish certain turnkey security services in connection with the Edward Schock Centre of Elgin, Lords Park and Wing Park(hereinafter referred to as the"PROJECT");and WHEREAS, the CONTRACTOR represents that it is in compliance with Illinois law relating to registration and training of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, it is hereby agreed by and between the CITY and the CONTRACTOR that the CITY hereby retains the CONTRACTOR subject to the following terms and conditions: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Facility Manager of the CITY or his designee,hereinafter referred to as the"DIRECTOR". B. The CONTRACTOR shall provide the services to the CITY relating to the PROJECT as set forth in the Scope of Services attached hereto and made a part hereof as Exhibit A. 2. PROGRESS REPORTS The CONTRACTOR will submit to DIRECTOR monthly a status report detailing all breaches of security or other matters of concern or interest. 3. WORK PRODUCT All work product prepared by the CONTRACTOR pursuant hereto including, but not Iimited to reports, citations, notes, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the CONTRACTOR may retain copies of such work product for its records.CONTRACTOR's execution of this Agreement shall constitute CONTRACTOR's conveyance and assignment of all right,title and interest, including but not limited to any copyright interest, by the CONTRACTOR to the CITY of all such work product prepared by the CONTRACTOR pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend Page lof9 such work product. Any such amendment to such work product shall be at the sole risk of the CITY. 4. PAYMENTS TO THE CONTRACTOR Each month, Contractor shall submit an invoice to City for services rendered and the city shall pay the lump sum indicated within thirty (30) days of receipt of such invoice. Contractors' invoices shall be based on the hourly rates stated in Exhibit A. The City of Elgin is a tax-free exempt governmental entity. 5. INVOICES A. No more than once per month, the CONTRACTOR shall submit invoices in a format approved by the CITY. Progress Reports(2 above)shall be included with all payment requests. B. The CONTRACTOR shall maintain records showing time devoted and cost incurred. The CONTRACTOR shall permit the DIRECTOR or any other authorized representative of the CITY to inspect and audit all data and records of the CONTRACTOR for work done under this Agreement.The CONTRACTOR shall make these records available at reasonable times during the Agreement period and for one(l) year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONTRACTOR. In the event that this Agreement is so terminated, the CONTRACTOR shall be paid for services actually performed prior to termination in accordance with the amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of 2024, so long as it has been executed by both parties on or prior to such date, and shall continue through 2025 unless terminated for cause or pursuant to Paragraph 6. City, at its option,may also extend this Agreement at the same terms and conditions for an additional one(1)year term by providing Contractor with written notice thereof on or prior to the expiration of an existing term. 8. NATURE OF SERVICES It is agreed and understood that the undertakings of the CONTRACTOR on behalf of the CITY pursuant to this Agreement are general services only and that no special duties or obligations to third parties are intended or shall be deemed or construed to be created by this Agreement. It is further agreed and understood that this Agreement is not intended nor Page 2 of 9 shall be construed to alter, limit or constitute a waiver of any civil immunities afforded the CITY and/or its employees pursuant to the Local Government Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended or as otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Act,as amended,or as otherwise provided by law, shall fully apply to any claims asserted or which might be asserted against the City and/or its employees as a result of the services to be provided by the CONTRACTOR pursuant to this Agreement, as a result of this Agreement or otherwise. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and,in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. In the event this agreement is terminated pursuant to a breach or alleged breach by CITY,CONTRACTOR damages shall be limited to a prorata ad valorem fee. CONTRACTOR shall not be entitled to any additional damages of whatsoever nature, including but not limited to consequential, indirect or other fees or damages. 10. INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims,suits,judgments, costs, attorney's fees, damages or other relief,including but not limited to worker's compensation claims and any and all claims made by or against the city based on additional material costs or any other costs incurred as a result of damage to property or increased cost resulting from an inaccurate bid by CONTRACTOR without regard to any consideration of the CITY'S receipt of"increased value" or"benefit of bargain" in any way resulting from or arising out of negligent actions or omissions of the CONTRACTOR in connection herewith, including negligence or omissions of employees or agents of the CONTRACTOR arising out of the performance of this Agreement. In the event of any action against the CITY,its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 12. INSURANCE Page 3 of 9 A. Comprehensive Liability. The CONTRACTOR shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and SI,000,000 aggregate for property damage. The CONTRACTOR shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONTRACTOR wider Article 10 entitled "Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than 500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONTRACTOR shall carry Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. 13. NONDISCRIMINATION/AFFIRMATIVE ACTION The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question.Contractor shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective Page 4 of 9 subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color,religion, sex,national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,of this Agreement by the City I4. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided,however, that no assignment shall be made without the prior written consent of the CITY. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONTRACTOR would have been obligated if it had done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 16. INDEPENDENT CONTRACTOR This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17. SEVERABILITY The parties intend and agree that, if any paragraph,sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 18. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. Page 5 of 9 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 20. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 21. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the CITY, nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONTRACTORS The CONTRACTOR shall cooperate with any other CONTRACTORs in the CITY's employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONTRACTOR certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 24. SEXUAL HARASSMENT As a condition of this Agreement, the CONTRACTOR shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; Page 6 of 9 E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONTRACTOR to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. SUBSTANCE ABUSE PROGRAM As a condition of this Agreement,CONTRACTOR shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Purchasing Officer prior to the entry into and execution of this Agreement. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONTRACTOR to the DIRECTOR and to other participants which may affect cost or time of completion shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONTRACTOR be made or confirmed in writing. 27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: Wayne Carlstedt Recreation Facilities Manager City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to CONTRACTOR: Andy Frain Services, Inc 761 Shoreline Dr. Aurora, IL 60504 Page 7 of 9 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement,it is expressly agreed and understood that in connection with the performance of this Agreement, CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,CONTRACTOR hereby certifies,represents and warrants to the City that all of CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONTRACTOR shall also, at its expense, secure all permits and licenses,pay all charges and fees,and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the City proceeds with such an audit, CONTRACTOR shall make available to the City Contractor's relevant records at no cost to the City.CONTRACTOR shall pay any and all costs associated with any such audit up to the amount of$900. The entity submitting this bid or proposal hereby warrants and represents that to the extent it may be applicable,it is registered with the Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and such entity further hereby warrants and represents that it is in good standing in the state of its incorporation or organization. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTORS employees and/or agents located in the United States, who will be providing products and/or services with respect to this CONTRACT,shall be legal residents of the United States. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement.For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form.No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. Page 8 of 9 FOR THE CITY: FOR THE CONTRACTOR: By BY Zie_ City Manager Attest: City lark Page 9 of 9 nExhibit A ANDY F'R AIN ERVICES' Security Officer Scope of Services Provide security detail as outlined in the post orders and establish working relationships with the customer,local law enforcement and fire department. Security personnel will always perform job duties with a constant awareness of their surroundings,making note of all activity that takes place in the assigned area. Security Officers must maintain a professional image and always demonstrate excellent customer service. Basic Functions: Control of entrances and movement of pedestrian and vehicle traffic. Patrol of buildings and perimeters. Escort of material and personnel. Inspection of security and fire exposures. Special assignments. Responsibilities: Overall general function of officers is to provide security detail as described below: Be on time and report to post in full uniform. Maintain professional image that includes greeting customers,visitors and employees in a polite and friendly manner. Be proactive in knowing all revisions to post orders and general information distributed by the customer and AFS. Patrol physical property or maintain fixed post position,being diligent to report any suspicious activity and investigate accidents and criminal acts. Monitor cameras or equipment in a continuous fashion as outlined in the post orders. Maintain a working knowledge of all emergency policies,procedures and regulations to be able to respond to alarms,incidents and emergency situations. Complete Daily Activity Reports,Logbook entries, Incident Reports and all relevant reports related to job assignment. Make recommendations to management on better safety and loss prevention processes as identified during daily routine. Have knowledge of any life safety systems,fire panels,CCTV system computer,and other such equipment to complete job assignments. Ensure continuous and safe operation of all elevators and access doors. Know authorized contractor personnel who are responsible for maintenance and upkeep of equipment. Ensure training and compliance guidelines are met as outlined by AFS. Communicate daily with the Security Supervisor any new Security Issues or changes that need to be considered or implemented. 761 Shoreline Drive•Aurora,1L 60O4• Web:y tiv_andvtiaiu.co,n Exhibit A d• ANDY FRAIN SERVICES° Skills and Abilities: A security officer is to be honest,alert and well-disciplined as the custodians of employee and customer property and safety. Constant and dedicated vigilance. Strong customer service skills, exemplifying Andy Frain Services Mission Statement. Ability to be a hands-on,results oriented employee,handling multiple priorities simultaneously. Ability to facilitate progressive change,work as part of a team and follow directions. Work with a sense of urgency. Strong oral and written communications skills. Possess a valid PERC guard. Ability to see,hear, speak and write clearly to communicate with employees,patrons and the customer. Pushing/pulling/carrying and lifting may include up to 50 lbs. Ability to climb stairs and perform foot patrols. Normal vision or corrected by use of glasses and/or contacts for normal reading and viewing abilities. Ability to twist,turn,bend, stand, climb stairs and walk as required to perform the duties associated with the position requirements. Location Officers Da s Times Ce nterSchock 3 _ _ Monday-Friday Sam—9pm 3 Saturday&Sunder 17am—8 m Lords Park 1 Saturday&Sunda 8am—4 m 1 Saturda y&Sunda i t Dam—6 m Wing Park 1 Saturday&Sunda i 8am—4 m 1 Saturday&Sunday I l 0am—6pm Hourly rate: $26.64 Holiday and Overtime rate: $39.96 Holidays and Overtime as requested. Document date: February 5,2024 76l Shoreline Drive• Aurora.IL 60504• Web:www.andvfrtin cent