HomeMy WebLinkAbout23I333 - COTA SECURITY SERVICESCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits: Signatures:
Insurance: Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 6.13.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Private Security Services for Special Events
Cota Security Services
Ricardo Osuna
Osuna.Ricardo@gmail.com
Providing private security services for Special Events
$75,000
11/01/2023 through 10/31/2024
Ricardo Osuna; osuna.ricardo@gmail.com
Carlos Cota; carlos.cota@gmail.com
Parks and Recreation
Jasmine Waits, x8276
N/A
23I333
N/A
Yes
Yes
Yes
Yes
N/A
No
3-Quotes
N/A
N/A
N/A
9/25/23 Jasmine Waits
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CONTRACT SERVICES AGREEMENT 23I333
SECURITY SERVICES FOR PALM SPRINGS SPECIAL EVENTS
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on
October 24, 2023, by and between the City of Palm Springs, a California charter city and
municipal corporation (“City”), and Cota Security Services Inc., a California corporation,
(“Contractor”). City and Contractor are individually referred to as “Party” and are collectively
referred to as the “Parties”.
RECITALS
A. City requires the services of security services at Palm Springs special events &
programs, (“Project”).
B. Contractor has submitted to City a proposal to provide private security services, to
City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work attached to
this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar
conditions. In the event of any inconsistency between the terms contained in the Scope of
Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement
shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the
Services. Contractor shall be liable for all violations of such laws and regulations in connection
with the Services and this Agreement.
1.3 Licenses and Permits. 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.
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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has
carefully considered how the Work should be performed and fully understands the facilities,
difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition
of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement
according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall
be accountable for delays in performance caused by any condition beyond the reasonable control
and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor
to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the
services rendered under this Agreement in accordance with the schedule of fees set forth in
Exhibit “A”. The total amount of Compensation shall not exceed $75,000.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice,
no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services
performed. City shall pay Contractor for all expenses stated in the invoice that are approved by
City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties
shall execute a written amendment to this Agreement, specifying all proposed amendments,
including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when
required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not made,
this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period
extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
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Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Contractor notification, the Contract Officer shall investigate the facts
and the extent of any necessary delay and extend the time for performing the Services for the
period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this
Agreement. The Contractor will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this
Agreement shall continue in full force and effect for a period of one (1) year, commencing on
October 24, 2023, and ending on October 23, 2024, unless extended by mutual written
agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time,
with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due
to the fault of Contractor and constitutes an immediate danger to health, safety, and general
welfare, the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Contractor shall immediately cease all Services except such
as may be specifically approved by the Contract Officer. Contractor shall be entitled to
compensation for all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer after such notice. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed Services and shall not be entitled to damages or
compensation for termination of Work. If the termination is for cause, the City shall have the right
to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the
cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice
to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as
being the principal and representative of Contractor authorized to act and make all decisions
in its behalf with respect to the specified Services: Ricardo Osuna, Project Manager. It is
expressly understood that the experience, knowledge, education, capability, and reputation of
the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise
the Services under this Agreement. The foregoing principal may not be changed by
Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee
("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed
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of the progress of the performance of the Services. Contractor shall refer any decisions that must
be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall
mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
education, capability, and reputation of Contractor, its principals and employees, were a
substantial inducement for City to enter into this Agreement. Contractor shall not contract with
any other individual or entity to perform any Services required under this Agreement without the
City's express written approval. In addition, neither this Agreement nor any interest may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated
in this Agreement including without limitation the insurance and indemnification requirements. If
Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is
for persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City.
5.4 Independent Contractor. Neither 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, except as otherwise specified. Contractor shall perform all required Services
as an independent contractor of City and shall not be an employee 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; however, City shall have the right to review Contractor’s work product, result, and advice.
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. Contractor shall pay all wages, salaries, and other amounts due
personnel in connection with their performance under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind
City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services
in this Agreement. Contractor shall not alter the assignment of the following personnel without the
prior written approval of the Contract Officer. Acting through the City Manager, the City shall have
the unrestricted right to order the removal of any personnel assigned by Contractor by providing
written notice to Contractor.
Name: Title:
To be determined at time of service
5.6 California Labor Code Requirements.
A.Contractor is aware of the requirements of California Labor Code Sections 1720 et seq.
and 1770 et seq., which require the payment of prevailing wage rates and the performance of
other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage
Laws”). If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition,
installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents
free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure
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or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
B.If the Services are being performed as part of an applicable “public works” or
“maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Contractor shall maintain
registration for the duration of the Project and require the same of any subcontractors, as
applicable. This Agreement may also be subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with
all applicable registration and labor compliance requirements.
6.INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7.INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at
Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected
officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments,
arbitration awards, settlements, damages, demands, orders, penalties, and expenses including
legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising
from injuries to or death of persons (Contractor’s employees included), for damage to property,
including property owned by City, for any violation of any federal, state, or local law or ordinance
or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct committed by Contractor, its officers, employees, representatives, and agents, that
arise out of or relate to Contractor’s performance of Services or this Agreement. This
indemnification clause excludes Claims arising from the sole negligence or willful misconduct of
the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Contractor’s indemnification obligation or other
liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration
or earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s
obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as
a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only
to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s
indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to,
or relate to the negligence, recklessness, or willful misconduct of the Contractor in the
performance of the Services or this Agreement, and, upon Contractor obtaining a final
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adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8.RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports
concerning the performance of the Services required by this Agreement, or as the Contract Officer
shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time,
costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep
such books and records as shall be necessary to properly perform the Services required by this
Agreement and enable the Contract Officer to evaluate the performance of such Services. The
Contract Officer shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and
other materials prepared by Contractor in the performance of this Agreement shall be the property
of City. Contractor shall deliver all above-referenced documents 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
or ownership of the documents and materials. Contractor may retain copies of such documents
for Contractor's own use. Contractor shall have an unrestricted right to use the concepts
embodied in such documents.
8.4 Release of Documents. All 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.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the
regular business hours of City, Contractor shall provide City, or other agents of City, such access
to Contractor’s books, records, payroll documents, and facilities as City deems necessary to
examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Contractor’s performance under this Agreement. Contractor shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final
payment by City hereunder.
9.ENFORCEMENT OF AGREEMENT
9.1 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, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,
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any rule of construction of contracts (including, without limitation, California Civil Code Section
1654) that ambiguities are to be construed against the drafting party, shall not be employed in the
interpretation of this Agreement. The caption headings of the various sections and paragraphs of
this Agreement are for convenience and identification purposes only and shall not be deemed to
limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting
Party on any default shall impair such right or remedy or be construed as a waiver. No consent
or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval
of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing.
No such waiver shall be a waiver of any other default concerning the same or any other provision
of this Agreement.
9.4 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. 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.
9.5 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 injunctive relief, a declaratory
judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled,
in addition to such other relief as may be granted, to recover from the non-prevailing Party all
reasonable costs and expenses. These include but are not limited to reasonable attorney fees,
expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding.
10.CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be
personally liable to the Contractor, or any successor-in-interest, in the event of any default or
breach by City or for any amount which may become due to the Contractor or its successor, or
for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter
into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or
given, and will not pay or give, any third party any money or other consideration in exchange for
obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and
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that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City’s lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Contractor activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Contractor is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation
the provision of benefits, relating to non-discrimination in city contracting.
11.MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that 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 pre-paid, first-class mail to the address set forth below. Notice
shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as
provided in this Section. Either Party may change its address by notifying the other Party of the
change of address in writing.
To City:
To Contractor:
City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Cota Security Services, Inc.
Attention: Ricardo Osuna
31165 San Eljay Ave.
Cathedral City, CA 92234
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the
Parties and supersedes and cancels all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law. 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 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 shall be interpreted to carry out the
intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of
the Parties’ successors and assignees.
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11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed
as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or
otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as
though fully set forth in this Agreement and each Party acknowledges and agrees that such Party
is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that
they are duly authorized to execute this Agreement on behalf of Parties and that by so executing
this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State
of California, Consultant shall fully and adequately comply with California Executive Order N-6-
22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also
certify compliance with the Russian Sanctions Program by completing the form located in Exhibit
“C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.
Consultant shall also require any subconsultants to comply with the Russian Sanctions Program
and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND COTA SECURITY SERVICES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
(2nd signature required for Corporations)
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By
By
City Attorney City Clerk
APPROVED:
By Date
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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11/2/2023
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SCOPE OF SERVICES/WORK
Contractor shall provide private security services for the City of Palm Springs Special Events
Office as needed for special events including but not limited to: Palm Springs Pride Festival &
Parade (November 3-5), Palm Springs Veterans Day Parade (November 11), Palm Springs
Festival of Lights Parade (December 2), Tour de Palm Springs (February 9 & 10), Black History
Parade & Town Fair (February 24) and July 4 events.
Contractor will hold pricing for duration of the contract per type of service provided. The fees
are:
Security guard: $32.00/hour, overtime at hourly rate
Security supervisor $34.00/hour, overtime at hourly rate
Security dispatcher $34.00/hour, overtime at hourly rate
ITEM/DESCRIPTION UOM ESTIMATED
QUANTITY
UNIT PRICE PRICE TOTAL
Palm Springs Pride Festival Security
Guard
11/3 6:30 pm – 11:30 pm
ea. 22 $32.00 $3520.00
Palm Springs Pride Festival Security
Supervisor
11/3 6:30 pm – 11:30 pm
ea. 2 $34.00 $340.00
Palm Springs Pride Festival
Security Guard
11/4 10:30 am – 10:30 pm
ea. 22 $32.00 $7040.00
Palm Springs Pride Festival
Security Supervisor
11/4 10:30 am – 10:30 pm
ea. 2 $34.00 $680.00
Palm Springs Pride Festival
Security Guard
11/5 11:00 am – 5:30 pm
ea. 22 $32.00 $4576.00
Palm Springs Pride Festival
Security Supervisor
11/5 11:00 am – 5:30 pm
ea.
2 $34.00 $308.00
Palm Springs Pride Parade
Security Guard
11/5 6:00 am – 1:00 pm
ea. 28 $32.00 $6272.00
Palm Springs Pride Parade
Security Supervisor
11/5 6:00 am – 1:00 pm
ea. 2 $34.00 $448.00
Palm Springs Pride Parade
Security Dispatcher
11/5 6:00 am – 1:00 pm
ea. 1 $34.00 $238.00
Veterans Day Parade
Security Guard
11/11/23 2:00 pm – 5:30 pm
ea. 19 $32.00 $2128.00
Veterans Day Parade
Security Supervisor
11/11/23 2:00 pm – 5:30 pm
ea. 2 $34.00 $238.00
DocuSign Envelope ID: E82AAEFC-C3F9-4164-9A57-4BA976375A03
Revised 8.9.23 Page 13 of 18
Festival of Lights Parade
Security Guard
12/2/2023 2:00 pm – 8:30 pm
ea. 38 $32.00 $7904.00
Festival of Lights Parade
Security Supervisor
12/2/2023 2:00 pm – 8:30 pm
ea. 3 $34.00 $663.00
Festival of Lights Parade
Dispatcher
12/2/2023 2:00 pm – 8:30 pm
ea. 1 $34.00 $221.00
Tour de Palm Springs Bike EXPO
Security Guard
2/9/2024 3:00 pm – 10:00 pm
ea. 10 $32.00 $2240.00
Tour de Palm Springs Bike EXPO
Security Supervisor
2/9/2024 3:00 pm – 10:00 pm
ea.
1
$34.00 $238.00
Tour de Palm Springs Bike EXPO
Security Guard
2/10/2024 10:00 am – 4:00 pm
ea. 10 $32.00 $1920.00
Tour de Palm Springs Bike EXPO
Security Supervisor
2/10/2024 10:00 am – 4:00 pm
ea. 1 $34.00 $204.00
TOTAL ESTIMATED COST
$39,178.00
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Revised 8.9.23 Page 14 of 18
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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Revised 8.9.23 Page 15 of 18
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California
workers’ compensation laws. Such insurance shall be kept in full force and effect during the term
of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty
(30) days advance written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insureds by original endorsement shall be delivered
to and approved by City prior to commencement of services. The procuring of such insurance and
the delivery of policies, certificates, and endorsements evidencing the same shall not be
construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this
Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars
($1,000,000.00) combined single limit coverage per occurrence and two million dollars
($2,000,000) general aggregate.
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per
occurrence.
3. Professional liability (errors and omissions) insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
☐ is required.
☒ is not required.
4. Workers’ Compensation insurance in the statutory amount as required by the State of
California and Employer’s Liability Insurance with limits of at least one million dollars $1 million
per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for
Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance
coverage shall be primary with respect to the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its
respective elected officials, officers, employees, agents, and volunteers shall be in excess of
Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and
Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
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Revised 8.9.23 Page 16 of 18
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if
Contractor provides claims made professional liability insurance, Contractor shall also agree in
writing either (1) to purchase tail insurance in the amount required by this Agreement to cover
claims made within three years of the completion of Contractor’s services under this Agreement,
or (2) to maintain professional liability insurance coverage with the same carrier in the amount
required by this Agreement for at least three years after completion of Contractor’s services under
this Agreement. Contractor shall also be required to provide evidence to City of the purchase of
the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or
better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, affecting all of the coverages
required by this Agreement. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received
and approved by the City before work commences. City reserves the right to require Contractor’s
insurers to provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and Workers’
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed
with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work
performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before
work commences. All certificates of insurance must be authorized by a person with authority to
DocuSign Envelope ID: E82AAEFC-C3F9-4164-9A57-4BA976375A03
Revised 8.9.23 Page 17 of 18
bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of work shall not waive the
Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City prior to commencing any work or services under
this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions with respect to the City, its elected officials, officers,
employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, and defense expenses. Certificates of
Insurance must include evidence of the amount of any deductible or self-insured retention under
the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer’s liability.
DocuSign Envelope ID: E82AAEFC-C3F9-4164-9A57-4BA976375A03
Revised 8.9.23 Page 18 of 18
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all
agencies and departments that are subject to the Governor’s authority to (a) terminate any
contracts with any individuals or entities that are determined to be a target of economic sanctions
against Russia and Russian entities and individuals; and (b) refrain from entering into any new
contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with
the City of Palm Springs funded through grant funds provided by the State of California; and/or
(2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the
City of Palm Springs with State of California grant funds, certify that the person is not the target
of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor
is not a target of any economic sanctions against Russian and Russian entities and individuals
as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to
legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
DocuSign Envelope ID: E82AAEFC-C3F9-4164-9A57-4BA976375A03
Ricardo Osuna
10/25/2023
Ricardo Osuna
General Manager
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
(760) 322-8328 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY
TO RENEW AND UPDATE THIS LICENSE
ANNUALLY.
BUSINESS LICENSE CERTIFICATE
Business Name:Business Type(s):Cota Security Services Inc.7381 SERVICES-DETECTIVE, GUARD &
ARMORED CAR SERVICES
Business Location:401 S Pavilion Way
Palm Springs, CA 92262
Mailing Address:401 S Pavilion Way
Palm Springs, CA 92262
Owner:Carlos Cota
License Number:ICA-002463-2023 In-CityLicense Type:
Issued Date:9/12/2023 Classification:In-City Application
Expiration Date:9/30/2024 Fees Paid:$439.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE
THE LICENSEE TO OPERATE OR MAINTAIN A
BUSINESS IN VIOLATION OF ANY OTHER LAW
OR ORDINANCE. THIS IS NOT AN ENDORSEMENT
OF THE ACTIVITY NOR OF THE APPLICANT'S
QUALIFICATIONS.
TO BE POSTED IN A CONSPICUOUS PLACE
DocuSign Envelope ID: E82AAEFC-C3F9-4164-9A57-4BA976375A03