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HomeMy WebLinkAbout26-58 Resolution No. 26-58 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: April 8, 2026 Adopted: April 8, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT("Agreement")is made and entered into this 8 day of April , 2026,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and Andy Frain Services, Inc., an 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, as set forth in City of Elgin Request for Proposals 26-001 ("RFP 26-001") (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONTRACTOR represents that it is in compliance with Illinois Statutes relating to professional registration 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 retains the CONTRACTOR to perform the services relating to the PROJECT as described herein, 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 the Facility Manager's designee (herein after referred to as the "DIRECTOR"). B. The CONTRACTOR shall provide the services to the CITY relating to the PROJECT as set forth in or as required by RFP 26-001, which is incorporated herein and made a part hereof by this reference. 2. PROGRESS REPORTS The CONTRACTOR will submit to the 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 limited to, reports, 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 1 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 such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONTRACTOR. 4. PAYMENTS TO THE CONTRACTOR A. For the services provided by the CONTRACTOR, each month CONTRACTOR shall submit an invoice to the CITY for services rendered and the CITY shall pay the lump sum indicated thereon within thirty (30) days of receipt of such invoice. CONTRACTOR's invoices shall be based on the hourly rates set forth in the Pricing Sheet set forth in Attachment A,attached hereto and incorporated herein by this reference. B. The total payments to the CONTRACTOR for the term of this Agreement, as set forth in Paragraph 7 below, shall not exceed the following amounts regardless of the actual services performed or costs incurred by the CONTRACTOR unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR: i. For the first year of this from April 21, 2026, to April 20, 2027, the total payments to CONTRACTOR shall be in an amount not to exceed $481,140.24; ii. For the second annual term from April 21,2027,to April 20, 2028,the total payments to CONTRACTOR shall be in an amount not to exceed $495,454.56; iii. For the third annual term from April 21, 2028, to April 20, 2029, the total payments to CONTRACTOR shall be in an amount not to exceed $510,122.32. 5. INVOICES A. No more than once per month, CONTRACTOR shall submit invoices in a format approved by the CITY. Progress reports(Paragraph 2 above)will be included with all payment requests. B. The CONTRACTOR shall maintain records showing actual time devoted and cost incurred. The CONTRACTOR shall permit the 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(1)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 and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of April 21, 2026, and, unless terminated for cause or pursuant to Paragraph 6,shall continue through and including April 20,2029. The CITY may, at is sole option, extend the term of this Agreement upon the same terms and conditions of the initial term of this Agreement for up to two (2) additional one (1) year terms by providing CONTRACTOR with written notice thereof on or prior to the expiration of the then-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 and shall not be deemed or construed to be created by this Agreement. It is further understood and agreed that this Agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the CITY and/or its officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101,et seq.,as amended;the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended; and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts,as amended,and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the CITY and/or its respective officials, officers, employees and/or agents as a result of the services to be provided by CONTRACTOR,either under 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. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONTRACTOR pursuant to Paragraph 4 hereof, no action shall be commenced by the CONTRACTOR against the CITY for monetary damages. CONTRACTOR hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONTRACTOR arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 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, attorneys fees, damages or other relief, including, but not limited to, workers' compensation claims, 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 CONTRACTOR shall provide,maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONTRACTOR shall deliver to the DIRECTOR a Certificate 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 shall include the contractual obligation assumed by the CONTRACTOR under Paragraph 10 entitled"Indemnification." This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 CONTRACTOR's 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 claim. 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. INTENTIONALLY OMITTED 14. 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 subcontractors. CONTRACTOR agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code,as amended, are 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 the Agreement by the CITY. 15. 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. 16. 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. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. 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. 19. 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. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute 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. 21. 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. 22. NEWS RELEASES The CONTRACTOR may not issue any news releases without prior approval from the DIRECTOR, nor will the CONTRACTOR make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONTRACTORS The CONTRACTOR shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 25. SEXUAL HARASSMENT As a condition of this contract, 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; 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). 26. 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 Assistant City Manager prior to the entry into and execution of this agreement. 27. 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 that other recommendations and communications by the CONTRACTOR be made or confirmed in writing. 28. 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 the CITY: Wayne Carlstedt Recreation Facilities Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONTRACTOR: Andy Frain Services, Inc. 761 Shoreline Drive Aurora, IL 60504 29. 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 that the 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 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 the CONTRACTOR to determine CONTRACTOR's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR's relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION 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. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine or email 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 facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY L By: G Richard G. Kozal, City Manager elerk CONTRACTOR: Andy rain Services Inc. I'AA By: / v Name/Print: Viyic_enkV- ?:=t\ Title: V?L, Ct3t G,'P\i\k Legal Dept\Agreement\Agr-Andy Fram-Secunty Services-3-20-26 docx ATTACHMENT A PRICING SHEET Year 1(2026-2027) Year 2(2027-2028) Year 3(2028-2029) Hourly Rate Hourly Rate Hourly Rate Edward Schock Centre $ 27.17 $ 27.98 $ 28.81 On-Call Event Coverage $ 27.17 Licensed Guard $ 27.98 $ 28.81 *29.40 Lic Guard Sup *30.87 Lic Guard Sup *32.34 Lic Guard Sup Wing Park $ 28.17 $ 28.98 $ 29.81 Lords Park $ 28.17 $ 28.98 $ 29.81 NOTE: Pricing is non-negotiable once the contract is in effect.All hourly rates charged to the City of Elgin shall conform to the table above, based on location,scope of work,and contract year. *Added value pricing-with event staffing, it is recommended to provide a Licensed Guard Supervisor per 10 guards assigned to the event. This is a negotiable per event pricing based on client needs. Supervisors are not a mandatory service but price is provided if needed and jointly agreed upon. Andy Frain Services has provided a description of event services experience in the body of the proposal. K9 Pricing available on request as a flat rate fee or hourly rate. All pricing is subject to 1.5%increase for national holidays and any overtime that is requested by the client to be filled by a specific guard providing over 40 hours of service in one pay week. Overtime rates do not apply to Andy Frain Services staffing shortages, sick time or vacation coverage and is limited to client request only.