HomeMy WebLinkAbout6/17/2009 - STAFF REPORTS - 2.I. fy
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-0`"FORa' CITY COUNCIL STAFF REPORT
DATE: June 17, 2009 CONSENT AGENDA
SUBJECT: CANCEL AGREEMENT#5224 WITH INTERNATIONAL SERVICES AND
APPROVE AMENDMENT TO MAXWELL SECURITY AGREEMENT
#5630 TO ADD UNARMED SECURITY GUARD SERVICES AT THE,
LIBRARY AND PARKING STRUCTURE
FROM: David H. Ready, City Manager
BY: Library and Procurement
SUMMARY
The City awarded an agreement to International Services, Inc- in 2006 to provide
unarmed security guard services at three City owned facilities. The City was notified in
early May that the company had abandoned its services, was no longer paying its
employees and was in bankruptcy. This action would cancel the agreement with
International Services, Inc. and would amend our current agreement with Maxwell
Security for unarmed security guard services at the Train Station to add the Library and
Parking Structure to expedite continuation of these services for the safety of the citizens
and patrons of each facility.
RECOMMENDATION:
1. Cancel Agreement No. A5224 with International Services;
2- Approve Amendment No. 1 to Agreement No. A5630 with Maxwell Security to
add unarmed security guard services for the hourly rate of $18.00 at the Library
in the estimated amount of $33,696 per year and at the Downtown Parking
Structure in the amount of$21,060 per year (hours subject to change);
3. Authorize the City Manager to execute all necessary documents- A5224 and
A5630.
STAFF ANALYSIS:
The City was notified on May 5, 2009 that the current contractor, International Services,
Inc. had abandoned its services to the city, was no longer paying its employees and
was in bankruptcy.
Item No. 2 • ' •
City Council Staff Report
June 17, 2009 — Page 2
Unarmed Security Guard Services— Library & Parking Structure
In an effort to expedite the replacement of these services for the safety of the patrons of
each facility, the Procurement Manager and City Attorney concluded that it is in the best
interest of the City to amend the recently awarded contract (that was based on a full
RFP competitive process) for unarmed patrol services at the Train Station with local
Palm Springs based Maxwell Security (Agreement #5630, awarded by Council 2/4/09)
for unarmed security guard services at the Library and Parking Structure. Section 1,8 of
the Agreement provides that it may be amended at any time with the mutual written
consent of the parties for additional services.
Fritz Maxwell, President and CEO of Maxwell Security, has visited each facility and has
met with the Director of Library Services, Barbara Roberts, as well as Police Lieutenant
Dennis Graham, to discuss and review the issues that are unique to each facility.
Maxwell Security had previously provided security services at the Parking Structure and
is prepared to commence service immediately at both facilities.
The compensation is based on an hourly rate of $18, reduced by Maxwell from their
standard hourly rate of $19, in an effort to assist the City during these difficult financial
times. International Services had been charging the city $16.41, however it should be
noted that rate had been in place since the inception of the contract 3 years ago and
was due to be increased, had they not gone out of business. Based on the new
schedule effective June 15th for the Library would be $2808 per month, or $33,696 per
year. For the Downtown Parking Structure it would be $1,756 per month, or $21,060
per year.
FISCAL IMPACT:
FY 09-10 funds are budgeted for this expense in 2710-43200 (Library, Contractual
Services) and 4464-43200 (Structure Maintenance, Contractual Services).
Thomas Wilson, Assistant City Manager David H. Ready, Cyr er
Baft?ara Roberts, Director of Library Services Craig Gladde>_rs,,Procurement Manager
Attachments:
1) Amendment#1
AMENDMENT NO. 1
TO
CONTRACT SERVICES AGREEMENT
FOR UN-ARMED SECURITY SERVICES
(Agreement No. 6630)
THIS FIRST AMENDMENT to the Contract Services Agreement No. 5630 for un-armed security
services is made and entered into to be effective on the day of , 2009 by and
between the City of Palm Springs, a California charter city and municipal corporation (hereinafter
referred to as the "City"), and Maxwell Security Services, Inc. (hereinafter referred to as the
"Contractor") (collectively, the "Parties").
RECITALS
A. City and Contractor previously entered into a contract services agreement for
unarmed uniformed security services at the Palm Springs Train Station located at 6001 Palm
Springs Station Road, which was made and entered into on February 4, 2009 (the"Agreement") in
the amount of$34,800 per year-
B. Section 1.8 of the Agreement provides that the Agreement may be amended at any
time with the mutual written consent of the Parties for Additional Services.
C. City and Contractor desire to amend the Agreement to authorize Contractor to
perform additional services for the hourly rate of$18.00 at the Palm Springs Library in the estimated
amount of $33,696 per year and at the Downtown Parking Structure in the estimated amount of
$21,060 per year(hours subject to change).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
AGREEMENT
1. Amendment to Section 1.1 Exhibit "A" of the Agreement, entitled "Scope of Services":
Exhibit"A"of the Agreement is hereby amended to include the following additional services, which
shall read as follows:
SCOPE OF WORK: Contractor shall provide all services,supervision, uniforms,supplies, materials,
equipment and transportation necessary to provide unarmed security guard services for the City of
Palm Springs Library and Downtown Parking Structure.
This contract is for unarmed security guard services only, No firearms of any kind will be allowed.
The City does not require, nor will it prohibit, guards carrying hand-cuffs, batons, mace or pepper
spray. 'The City will not accept any liability associated with the use of such items by a contractor's
employees. However, a contractor may wish to furnish their employees with such items for their own
protection and therefore the contractor shall accept full responsibility for the proper training and
licensing requirements of the State of California and all liability associated with the use of such
items.
The primary responsibility of the unarmed security guard service is to "observe and report" as
defined by the State Bureau of Security and Investigative Services. Security guards are to call for
Police assistance whenever the situation warrants.
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Qualifications of Assigned Security Officers: The contractor agrees to be responsible for and
shall provide supervision of the security officers working under this contract. The contractor shall
ascertain that all of its security officers meet and abide to the following requirements:
• Security Officers must be of good integrity and character.
• Security Officers must be high school graduates or equivalent.
• Security Officers must not have a prior criminal record and successfully passed a criminal
history background check through the California Department of Justice(DOJ). The City of
Palm Springs Police Department may, at its sole discretion and at the Police Department's
expense, run an additional background check through the Federal Bureau of Investigation
(FBI).
• Security Officers must successfully complete contractor's and State of California's training
requirements.
• Security Officers must have a valid driver's license.
• Security Officers must wear a neat and clean uniform with name tag or badge identifying the
Officer at all times while on duty.
• Security Officers must carry Nextel communications equipment supplied by the contractor at
all times while on duty, allowing them to call the contractor's main dispatch center,the Palm
Springs Police dispatch center, or 911 in case of an emergency at any time.
Each security officer shall clearly understand his or her specific duties and the specific limitations of
their roles as security officers Security officers shall exercise good judgment at all times and
present themselves in a professional manner. Security officers should have excellent interpersonal
and verbal skills. The ability to speak and understand Spanish is preferable.
Officers shall conduct themselves at all times in a manner that is openly helpful, courteous and
welcoming towards all patrons, staff, vendors, and visitors. However, officers shall avoid
inappropriate and/or excessive socializing with patrons, staff,vendors and other officers while on the
premises. Officers shall not read any newspapers, magazines, or view any othertype of non-security
related materials while on duty. Officers shall be prohibited from the following activities while on
duty. making personal phones calls, except while on break and off the premises, and use of private
or public computers for internet access.
When dealing with problem behavior situations-including angry and verbally abusive patrons, the
officers shall maintain and project a calm and courteous attitude.All officers should remember that
the patron is always welcomed-, however, problematic behavior is not welcomed.
Daily Reports to be Provided for Each Facility: A"Daily Activity Report" must be submitted on a
standard Daily Activity Report form provided by the contractor, The report is to include detailed
descriptions, (make, model, color and license number, for example), and time of encounter of
suspicious vehicles or persons, descriptions of suspicious persons, including gender, and actions
taken. Contractor shall provide copies of the DAR on a weekly basis (either electronic or paper
Copy) to the Contract Officer identified for each facility.
SERVICES REQUIRED FOR THE PALM SPRINGS PUBLIC LIBRARY: The Library is located
at 300 South Sunrise Way.
The following tasks will be performed:
• continuously patrol the interior and exterior of the building
• monitor the public restrooms
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• appropriately deal with aggressive, violent, mentally disturbed patrons until the police
arrive
• be able to make a citizen's arrest
• be able to handle disruptive patrons of ALL ages, particularly teenagers firmly, quietly,
and appropriately
• enforce the Library's code of conduct
• assist with the closing and securing of the building at the end of the business day
During the patrol rounds the security officer will be on the lookout for any security breaches,
maintenance problems, safety issues and fire hazards. Problems and/or unsafe conditions must be
reported immediately and documented on the officer's own daily shift report. Officers shall be
prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in
order to protect patrons, staff, vendors and other visitors from harm. Also, the Security officer shall
be prepared and ready to respond appropriately to any and all other emergency situations involving
fires,thefts of library materials and/or property,thefts of public or private property, criminal trespass,
sex crimes and/or sexual misconduct, vandalism, stalking, workplace violence, disorderly conduct,
civil disturbances, panhandling, loud arguments, fights, and any physical and/or verbal
confrontations occurring in or around the Library. Due to the unique architecture of the Library,
access to the roof is relatively easy. Under no circumstance shall an officer go onto the roof of the
Library at anytime- Should an officer suspect that someone has entered the roof area, the officer
shall immediately call the Palm Springs Police.
The security officer is also responsible for enforcing the rules and regulations of the Library. The
rules are identified in the section below entitled "Library Code of Conduct".
LIBRARY CODE OF CONDUCT
Welcome to the Palm Springs Public Library!
In order to ensure that we provide an atmosphere conducive to everyone's right to unimpeded and
enjoyable library use, the Library Board of Trustees has approved the following code of conduct.
The behaviors listed below are not acceptable in the Library, and will not be tolerated.
Y Engaging in any activity prohibited by law.
➢ Disruptive or unsafe behavior which interferes with the use of the library by others or with the
staff's ability to function. This includes, but is not limited to:
1. Loud, abusive, threatening, harassing or insulting language toward staff or other
users.
2. Any sexual misconduct such as exposure, inappropriate touching, or sexual
language.
3. Activities or behavior that may result in damage, abuse or theft of library property.
4. Petitioning, soliciting, gambling, advertising or selling merchandise without the
express permission of the Director of Library Services.
5. Playing any audio equipment or device at a level which can be heard by others.
6. Verbal or physical fighting.
7, Stalking or invading another person's physical space.
8. Entering the Library with any firearm, knife or other weapon prohibited by City
Ordinance or State Statutes,
9. Use of cell phones
10. Use of skates or skateboards on Library property
11. Refusal by adults over 18 years of age to leave the Teen Zone when asked.
➢ Inappropriate personal behaviors including, but not limited to.-
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1. Sleeping
2, Smoking
3. Personal bathing or washing of clothes or personal items
4. Lack of shirt or shoes
5. Spitting
6. Poor personal hygiene which is offensive and bothersome to others
7. Bringing into the Library oversized items too numerous or too large to fit under a
study chair.
8. Leaving personal belongings unattended in the Library or on Library grounds.
9. Being intoxicated with alcohol or drugs or in possession of any intoxicating drug or
alcoholic substance in the Library or on Library grounds.
10. Urinating or defecating anywhere on Library property, other than in public
restroom facilities.
➢ Entering the Library with animals, birds or vehicles, except as required by persons with
disabilities who are in possession of official certification for the animal.
We appreciate your cooperation with this code of conduct. Anyone violating the code will be warned
by staff and/or security. If the conduct continues, the offender will be asked to leave the Library.
Library users will be expelled from the building without warning in situations of serious,threatening,
or willfully malicious behavior.
The Library reserves the right to revoke use of the Library and its grounds for repeated failure to
comply with this Code of Conduct. Anyone wishing to appeal their exclusion may submit an appeal
in writing to the Director of-Library Services.
This Code of Conduct was adopted by Library Board of Trustees on June 29, 2005,
SERVICES REQUIRED FOR THE DOWNTOWN PARKING STRUCTURE : The Parking
Structure is located at the corner of Baristo Road and Indian Canyon Drive.
The following tasks shall be performed.
• Continuously patrol the interior and exterior of the structure
• Monitor the public elevators
• Appropriately deal with aggressive, violent, and mentally disturbed patrons until the
police arrive
• Be able to make a citizen's arrest
• Be able to handle disruptive patrons of all ages, particularly teenagers, firmly and
appropriately
2. Amendment to Section 2.1 of the Agreement entitled "Contract Sum Section 2.1 of the
Agreement is hereby amended in its entirety to read as follows,
"Contract Sum. For the services rendered under this Agreement, Contractor shall be
compensated in accordance with the amended Schedule of Compensation set forth in
Exhibit "C," which is attached hereto and is incorporated herein by reference, after: (1)
completion of the services to be conducted under this Agreement, (2)the City's acceptance
that the scope of services described in Exhibit"A"was properly and satisfactorily performed,
and (3) the City's receipt of an invoice thereon. Except as otherwise provided in this
Agreement pursuant to paragraph 1.10 above,the total payments to be paid forthe services
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to be provided under this Agreement (collectively, "Contract Sum") shall not exceed a total
of$88,386 per year. Any invoice of services rendered to the City is to contain a complete
and accurate description of all work to be charged pursuant to the invoice."
3. Amendment to Exhibit"C" of the Agreement, entitled "Schedule of Compensation": Exhibit
"C" of the Agreement, concerning total compensation, is hereby amended to read as follows:
"Total Compensation: Total compensation for services provided hereunder is based on an
a fixed monthly patrol rate for the Train Station of$2900 and an hourly rate of$18.00 for
unarmed security guard services at the Library and Parking Structure (hours subject to
change) for an estimated total of$89,556 per year, broken down as follows:
Breakdown:
Train Station = $2900 per month, or$34,800 per year (fixed rate)
Library = $2,808 per month, or$33,696 per year(hourly rate $18)
Parking Structure = $1,755 per month, or $21,060 per year (hourly rate $18)
4. Amendment to Exhibit "D" of the Agreement, entitled "Schedule of Performance": Exhibit
"D" of the Agreement is hereby amended to include the following additional provisions:
"Schedule of Performance:
Effective June 15, 2009, services at the Palm Springs Library shall be Tuesday 11 am-Spm
(8 hrs) and Wednesday thru Saturday 11 am —6pm (7 hrs). Closed Sunday and Monday.
*Hours are subject to change.
Services at the Downtown Parking Structure shall be Thursday thru Saturday (9pm —
2:30am) 5.5 hrs per day. *Hours are subject to change.
5. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is
by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof,
unless specifically modified herein, shall continue in full force and effect. In the event of any conflict
or inconsistency between the provisions of this Amendment and any provisions of the Agreement,
the provisions of this Amendment shall in all respects govern and control.
6. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto
warrant that(1)such party is duly organized and existing, (ii)they are duly authorized to execute and
deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is
formally bound to the provisions of this Amendment, and (iv)the entering into this Amendment does
not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF,the Parties have executed and entered into this Amendment as of
the date first written above.
"CITY"
CITY OF PALM SPRINGS,
ATTEST. a California charter city and municipal corporation
By; By-
James Thompson, City Clerk David H. Ready. City Manager
APPROVED AS TO FORM,
By.
Douglas H. Holland, City Attorney
[SIGNATURES CONTINUED ON NEXT PAGE]
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"CONTRACTOR"
MAXWELL SECURITY SERVICES,
a California corporation
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures: One from each of the following A Chairman of Board,President,or any Vice President
AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer)
By: By
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
State of �ll State of �ll
County of Iss County of 1ss
On before me, On before me,
personally appeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument. person(&)acted,executed the instrument
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal. Notary Seal:
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MAXWEL.L. SECURITY SERVICES
June 8, 2009
To. Craig L. Gladders C,P.M.
Procurement and Contracting
City of Palm Springs
From. Fritz Maxwell
President of Maxwell Security Services Inc.
Subject.Added services to current contract with The City of Palm Springs
Palm Springs Library:
Days worked Tuesday through Saturday.
Tues 8 hrs,Wed 7 hrs, Thu 7 hrs, Fri 7 hrs, Sat 7 hrs.
Total 36 hours per week.
Hourly rate$18.00 per hour.
Monthly cost approximately$2808,00
Palm Springs downtown parking structure:
Days worked Thursday through Saturday 1900-0230 hours.
22.5 hours per week.
Hourly rate$18.00 per hour
Monthly cost approximately$1755.00
Total monthly cost approximately $4583.00
Santa Clanta Branch PO SOX 800225 Valencia CA.91380
(661)775.0386 Fax (661)775.9126 e-mail maxsec@bela,rmaii.com
Palm Springs Branch:477 S.Palm Canyon Suite 9 Palm Springs,CA 92262
(760)318-4080.Fax (760)318-4080
Las Vegas Branch 4040 5 Eastern Ave Suite 110 Las Vegas NV 89119
(800)277-4827 Fax(702)307-4255
State Permits,California PPO 14653,Nevada 979 r,
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