HomeMy WebLinkAboutA8536 - ALARM MONITORING AND MAINTENANCE SERVICES AGREEMENTS WITH O'LINN EXECUTIVE SECURITY CONTRACT SERVICES AGREEMENT
ALARM MONITORING AND MAINTENANCE SERVICES
FOR VARIOUS CITY OWNED FACILITIES
THI$,CONTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on
[7,- - - " 202P, between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, ("City")and O'Linn Executive Security Service, 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 has determined that there is a need for Fire and Security Alarm monitoring,testing,
maintenance and repair services for multiple city facilities and locations project("Project").
B. Contractor has submitted to City a Bid to provide Fire and Security Alarm monitoring, testing,
maintenance and repair services for multiple city facilities and locations to City for the Project under the terms
of this Agreement.
C. Contractor is qualified by virtue of its experience,training,education,reputation,and expertise
to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties
agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit"A"
(the"Services"or"Work"),which is attached and incorporated by reference. As a material inducement to the
City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and contract services and that Contractor is experienced in performing the Work and Services
contemplated and, in light of such status and experience,Contractor covenants that it shall follow the highest
contract standards in performing the Work and Services required in this Agreement. For purposes of this
Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as
high quality among well-qualified and experienced contracts performing similar work under similar
circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1)
this Agreement; (2)the Scope of Services; (3)the City's Request for Bids; and, (4) the Contractor's signed,
original Bid submitted to the City("Contractor's Bid"), (collectively referred to as the"Contract Documents").
The City's Request for Bids and the Contractors Bid, which are both attached as Exhibits "B" and "C",
respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services
shall include the Contractor's Bid. All provisions of the Scope of Services,the City's Request for Bids and the
Contractor's Bid shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority: (1s)the provisions of the Scope of
Services(Exhibit "A"); (2nd)the provisions of the City's Request for Bid (Exhibit "B"); (311) the terms of this
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Agreement;and, (4t°)the provisions of the Contractor's Bid (Exhibit"C").
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and
regulations.
1.4 Licenses, Permits. Fees. and Assessments. Contractor represents and warrants to City
that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession and perform the Work and Services required by this Agreement. Contractor
represents and warrants to City that Contractor shall,at its sole cost and expense, keep in effect at all times
during the term of this Agreement, any license, permit, qualification, or approval that is legally required for
Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the Work and Services required
by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees,
assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent
permitted bylaw.
1.5 Familiarity with Work. By executing this Agreement,Contractor warrants that Contractor(a)
has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully
considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement. If the Services involve work upon
any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted
with the conditions there existing, prior to commencement of any Services. Should the Contractor discover
any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until written
instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement
to furnish continuous protection to the Work and the equipment,materials,papers,documents,plans,studies,
and/or other components to prevent losses or damages. Contractor shall be responsible for all such
damages, to persons or property, until acceptance of the Work by the City, except such losses or damages
as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to
perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all
instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the
Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to,or deducting from such Work. No such extra work may be
undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in
(1) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any
adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to
twenty-five percent (25%)of the Maximum Contract Amount or$25,000, whichever is less, or in the time to
perform of up to thirty(30)days, may be approved by the City Manager, or his designee, as may be needed
to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be
approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of
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this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope
of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor
shall be compensated by City in accordance with the Schedule of Compensation,which is attached as Exhibit
"D"and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract
amount of Twelve Thousand, Six Hundred Forty Three Dollars and Twenty Cents,($12,643.20 annually, plus
CPI adjustment in optional years 4 and 5), ("Maximum Contract Amount"), except as may be provided under
Section 1.8. The method of compensation shall be as set forth in Exhibit"D" The method of compensation
shall be as set forth in Exhibit "D" Compensation for necessary expenditures for reproduction costs,
telephone expenses, and transportation expenses must be approved in advance by the Contract Officer
designated under Section 4.2 and will only be approved If such expenses are also specked in the Schedule
of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project
meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the
Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services
Identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates,
that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall
not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment
obligation under this section is the amount specified in this Agreement. If the City's maximum payment
obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall
complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of
Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall
submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a
form approved by the City's Finance Director and must be submitted no later than the tenth(10)working day
of such month. Such requests shall be based upon the amount and value of the services performed by
Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred
and tasks performed during the period covered by the invoice,as may be required by the City. City shall use
reasonable efforts to make payments to Contractor within forty-five(45)days after receipt of the invoice or as
soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Chances in Scope. In the event any change or changes in the Scope of 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.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated
by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this
Agreement shall automatically terminate without penalty to the City.
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3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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
attached Schedule of Performance(Exhibit"E"), incorporated by reference.
3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement
upon receipt of a written notice to proceed and shall perform all Services within the time period(s)established
in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified
in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall
not exceed one hundred eighty(180)days cumulatively;however,the City shall not be obligated to grant such
an extension.
3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance
of the Services rendered underthis Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Contractor(financial inability excepted)
if Contractor,within ten(10)days of the commencement of such delay, notifies the Contract Officer in writing
of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public
enemy,unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,
freight embargoes,wars,and/or acts of any governmental agency,including the City. The City Manager shall
ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of
the enforced delaywhen and if in the judgment of the City Manager such delay is justified. The City Manager's
determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor
be entitled to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement under this section.
3.4 Term. Unless earlier terminated under this Agreement,this Agreement shall commence upon
the effective date of this Agreement and continue in full force and effect until completion of the Services.
However, the term shall not exceed three (3) years with two (2) one year optional extensions from the
commencement date,except as otherwise provided in the Schedule of Performance described in Section 3.2
above. Any extension must be through mutual written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whale or in part, upon giving Contractor thirty (30) days written
notice. 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 such notice, City shall pay Contractor for Services performed through the date of termination. Upon
receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated
otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall
have no further claims against the City under this Agreement. Upon termination of the Agreement under this
section, Contractor shall submit to the City an invoice for work and services performed prior to the date of
termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written
notice to the City,except that where termination is due to material default by the City,the period of notice may
be such shorter time as the Contractor may determine.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being
the principal and representative of Contractor authorized to act in its behalf and make all decisions with
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respect to the Services to be performed under this Agreement: Richard J. O'Linn, President. It Is expressly
understood that the experience, knowledge, education,capability, expertise, 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 performed hereunder. The foregoing principal may not be
changed by Contractor without prior written approval of the Contract Officer.
4.2 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 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.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge,
capability, expertise, and reputation of Contractor, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial
performance of this Agreement,nor any monies due,voluntarily or by operation of law,without the prior written
consent of City. Contractor shall not contract with any other entity to perform the Services required under this
Agreement without the prior written consent of City. 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. All persons engaged in the Work will be
considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In
addition, neither this Agreement nor any interest in this Agreement may be transferred,assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the
present ownership and/or control of Contractor,taking all transfers into account on a cumulative basis. In the
event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.
No approved transfer shall release Contractor or any surety of Contractor from any liability under this
Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent
contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers, employees,and
agents shall act in an independent capacity and shall not act or represent themselves as City officers or
employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all
times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees,
or agents shall have control over the conduct of Contractor or any of its officers,employees,or agents,except
as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or
any other type of fixed business location at City's offices. City shall have no voice in the selection,discharge,
supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their
number,compensation,or hours of service. Contractor shall pay all wages,salaries,and other amounts due
its employees in connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding, unemployment
compensation,workers'compensation,and other similar matters. City shall not in any way or for any purpose
be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of anyjoint
enterprise with Contractor.
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B. Contractor shall not have any authority to bind City in any manner. This includes the
power to incur any debt,obligation,or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in
connection with any performance under this Agreement. Except for contract fees paid to Contractor as
provided for in this Agreement,City shall not pay salaries,wages,or other compensation to Contractor for the
performance of Services under this Agreement. City shall not be liable for compensation or indemnification
to Contractor, its officers, employees, or agents,for injury or sickness arising out of performing Services. If
for any reason any court or governmental agency determines that the City has financial obligations, other
than under Section 2 and Subsection 1.8 in this Agreement,of any nature relating to salary,taxes,or benefits
of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall
indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense,the
insurance described below. The insurance shall be for the duration of this Agreement and includes any
extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and
content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's
performance of Work under this Agreement,including Contractor's agents,representatives,or employees. In
the event the City Manager determines that the Work or Services to be performed under this Agreement
creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or
his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the
levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and
omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The
minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and
effect throughout the term of this Agreement,standard Industry form contract liability(errors and omissions)
insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two-
million dollars($2,000,000.00)annual aggregate, in accordance with the provisions of this section.
(1) Contractor shall either: (a)certify in writing to the City that Contractor is unaware
of any contract liability claims made against Contractor and is unaware of any facts which may lead to such
a claim against Contractor; or(b) if Contractor does not provide the certification under (a), Contractor shall
procure from the contract liability insurer an endorsement providing that the required limits of the policy shall
apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be
continued in full force and effect at all times during the term of this Agreement, and for a period of three (3)
years from the date of the completion of the Services provided hereunder. In the event of termination of the
policy during this period,Contractor shall obtain continuing insurance coverage for the prior acts or omissions
of Contractor during the course of performing Services under the terms of this Agreement. The coverage
shall be evidenced by either a new policy evidencing no gap in coverage,or by obtaining separate extended
"tail" coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence"basis, the policy
shall be continued in full force and effect during the term of this Agreement,or until completion of the Services
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provided for in this Agreement,whichever is later. In the event of termination of the policy during this period,
new coverage shall immediately be obtained to ensure coverage during the entire course of performing the
Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, workers'compensation insurance in at least the minimum
statutory amounts, and in compliance with all other statutory requirements, as required by the State of
California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer
waiving subrogation rights under its workers' compensation insurance policy against the City and to require
each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers'
Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of commercial general liability insurance
written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00)
and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including
coverages for contractual liability, personal injury, independent contractors, broad form property damage,
products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain,in full farce and
effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a
per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily
injury and property damage. The policy shall include coverage for owned,non-owned,leased,and hired cars.
E. Emplover Liability Insurance. Contractor shall obtain and maintain, In full force and
effect throughout the term of this Agreement, a policy of employer liability insurance written on a per
occurrence basis with a policy limit of at least one million dollars($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City Manager or his/her designee prior to commencing any work or
services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions.
City reserves the right to reject deductibles or self-insured retentions In excess of $10,000, and the City
Manager or histher designee may require evidence of pending claims and claims history as well as evidence
of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess
of$10,000.
5.3 Other Insurance Requirements.The following provisions shall apply to the insurance policies
required of Contractor under this Agreement:
5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary
insurance with respect to the City and its officers, council members, officials,
employees,agents,and volunteers. Any insurance or self-insurance maintained by the
City and its officers, council members, officials, employees, agents, and volunteers
shall be in excess of Contractor's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members,officials, employees,agents,and volunteers.
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5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to
this Agreement are intended to apply to each Insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 No required insurance coverages may include any limiting endorsement which
substantially impairs the coverages set forth in this Agreement(e.g., elimination of
contractual liability or reduction of discovery period),unless the endorsement has first
been submitted to the City Manager and approved in writing.
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required)to comply with the requirements of the endorsements. Certificates of
insurance will not be accepted in lieu of required endorsements, and submittal of
certificates without required endorsements may delay commencement of the Project.
It is Contractor's obligation to ensure timely compliance with all insurance submittal
requirements as provided in this Agreement.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with
the Project who are brought onto or involved in the Project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the Project will be submitted to the City for review.
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of
the City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on the City nor does it waive any rights in this
or any other regard.
5.3.8 Contractor shall provide proof that policies of Insurance required in this Agreement,
expiring during the term of this Agreement, have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to City no
later than ten(10)days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage,limits,or other requirements,or as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,and
is not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impair the
provisions of this section.
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5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice,but has the right(but
not the duty) to monitor the handling of any such claim or claims if they are likely to
Involve City,or to reduce or dilute insurance available for payment of potential claims.
5.3.12 Contractor agrees that the provisions of this.section shall not be construed as limiting
in any way the extent to which the Contractor may be held responsible for the payment
of damages resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
5.4 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 such requirements are
waived in writing by the City Manager or his designee due to unique circumstances.
5.5 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:
1. "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).
2. "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).
3. "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.
4. 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 bind
coverage,whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required
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documents prior to the commencement of work shall not waive the Contractors obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law. Contractor
shall defend (at Contractors 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 attomey fees
(collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons
(Contractors employees Included), for damage to property, including property owned by City, from any
violation of any federal, state, or local law or ordinance, and from errors and omissions committed by
Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractors
performance under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.
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. Contractors
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. This provision is intended for the
benefit of third party Indemnified Parties not otherwise a party to this Agreement.
6.2 Design Contract Services Indemnification and Reimbursement. If the Agreement is
determined to be a "design contract services agreement" and Contractor is a "design contract" under
California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law. Contractor shall indemnify, defend (at
Contractors sole cost and expense), protect and hold harmless City and its elected officials, officers,
employees, agents and volunteers and all other public agencies whose approval of the project is required,
(individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,
judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"),
including but not limited to Claims arising from injuries or death of persons(Contractor's employees included)
and damage to property,which Claims arise out of, pertain to,or are related to the negligence, recklessness
or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's
negligent,reckless or willful performance of or failure to perform any term,provision,covenant or condition of
this Agreement("Indemnified Claims"),but Contractor's liability for Indemnified Claims shall be reduced to the
extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected
officials,officers,employees, agents and volunteers.
B. The Contractor shall require all non-design-contract sub-contractors, used or sub-
contracted by Contractor to perform the Services or Work required under this Agreement, to execute an
Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified
Parties. In addition,Contractor shall require all non-design-contract sub-contractors, used or sub-contracted
by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is
consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that
may be required by Contract Officer.
7. REPORTS AND RECORDS
7.1 Accountino Records. Contractor shall keep complete,accurate,and detailed accounts of all
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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 to
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.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the Services required by this Agreement, or as the Contract Officer shall
require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services
to be performed under this Agreement. For this reason. Contractor agrees that Contractor shall promptly
notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any
facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the
contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify
the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor
becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Contractor, its employees,
subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be
promptly delivered 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 of ownership of the documents and materials. Any use of such completed documents
for other projects and/or use of incomplete documents without specific written authorization by the Contractor
will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for
all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall
have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all
Its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In
the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting
damages.
7.4 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. All information gained by Contractor in the
performance of this Agreement shall be considered confidential and shall not be released by Contractor
without City's prior written authorization.
7.5 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 Contractors
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.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted bath as to
11
validity and as 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.
8.2 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, 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.
8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement
shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of
such default. Contractor shall have ten (10)days, or such longer period as City may designate, to cure the
default by rendering satisfactory performance. In the event Contractor fails to cure its default within such
period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice of any remedy to which City may be entitled at
law, in equity,or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as
a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any
City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's
right to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement.City may,after compliance with the provisions of Section 8.3A,take over the work and prosecute
the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total
cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided
that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
The withholding or failure to withhold payments to Contractor shall not limit Contractors liability for completion
of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any
waiver by the Parties of any default or breach of any covenant,condition,or term contained in this Agreement,
shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the
Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms
contained in this Agreement be construed as changing the terms of this Agreement in any manner or
preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies 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 and the
exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it,at the
12
same or different times,of any other rights or remedies for the same default or any other default by the other
Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action,
in law or in equity,to cure,correct,remedy or recover damages for any default,to compel specific performance
of this Agreement,to obtain declaratory or injunctive relief,or to obtain any other remedy consistent with the
purposes of this Agreement.
8.7 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. To
the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-
judicial proceeding within thirty(30)days of the date set for trial or hearing, the other Party shall be deemed
to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be
personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the
City or for any amount which may become due to the Contractor or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 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 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.
9.3 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 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.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu
of any other warranty by City or Contractor against patent or copyright infringement,statutory or otherwise:
13
A. It is agreed that Contractor shall defend at its expense any claim or suit against City on
account of any allegation that any item furnished under this Agreement,or the normal use or sale arising out
of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright
and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that
Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance
at Contractor's expense for the defense of same,and provided such suit or claim arises out of, pertains to,or
is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not
indemnify City if the suit or claim results from: (1)City's alteration of a deliverable,such that City's alteration
of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or
(2)the use of a deliverable in combination with other material not provided by Contractor when it is such use
in combination which infringes upon an existing U.S. letters patent or copyright.
B. Contractor shall have sole control of the defense of any such claim or suit and all
negotiations for settlement In the event City fails to cooperate in the defense of any suit or claim, provided,
however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify
City under any settlement that is made without Contractor's consent, which shall not be unreasonably
withheld. If the use or sale of such item is enjoined as a result of the suit or claim,Contractor,at no expense
to City,shall obtain for City the right to use and sell the item,or shall substitute an equivalent item acceptable
to City and extend this patent and copyright indemnity thereto.
10.2 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. All notices shall be
personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid,
return receipt requested,or delivered or sent by facsimile with attached evidence of completed transmission.
All notices shall be deemed received upon the earlier of(I)the date of delivery to the address of the person
to receive such notice if delivered personally or by messenger or overnight courier; (ii)five(5)business days
after the date of posting by the United States Post Office if by mail;or(III)when sent if given by facsimile. Any
notice, request,demand, direction, or other communication sent by facsimile must be confirmed within forty-
eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text
messages,and instant messages are not acceptable manners of notice required hereunder. Notices or other
communications shall be addressed as follows:
To Ci City of Palm Springs
Attention:City Manager&City Clerk
3200 E.Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760)323-8204
Facsimile: (760)323-8332
To Contractor: O'Linn Executive Security Services
1027 S. Palm Canyon Drive
Palm Springs, CA 92264
Attention: Richard J.O'Linn
Telephone:868-654-6648
Facsimile: 760-320-4743
10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties
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and supersedes 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.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement by all Parties..
10.5 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
determined to be invalid by a final judgment or decree of a court of competent jurisdiction,such provision shall
be ineffective only to the extent of such prohibition or invalidity, without Invalidating the reminder of that
provision, or the remaining provisions of this Agreement unless the Invalid provision is so material that its
invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit of the
Parties'successors and assignees.
10.6 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.
10.7 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.
10.8. Corporate Authority. Each of the undersigned represents and warrants that(i)the Party for
which he or she is executing this Agreement Is duly authorized and existing, (ii) he or she is duly authorized
to execute and deliver this Agreement on behalf of the Party forwhich he or she is signing,(III)by so executing
this Agreement,the Party for which he or she is signing is formally bound to the provisions of this Agreement,
and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which the
Party for which he or she is signing is bound.
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IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below.
„CITY"
City of Palm Springs
Dale: C B
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By. By:
Jeffrey S.Ballinge A hony Mejla
City Attorney City Clerk
APPROVED nY COUNCIL
APPROVED BY CITY COUNCIL: A%j' BY 3� �I u Y 20Z6
Date: Agreement Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or
any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant
Treasurer,or Chief Financial Officer.
CONTRACTOR NAME:
�'��,do l x� rs„rsvtt,y I Check one:_Individual_Partnerships Corporation
Address
113'r\
By c By�*����U� /
Sig at a(Notarized) Signature(Notarized)
16
EXHIBIT'A"
SCOPE OF SERVICES
SCOPE OF SERVICES:
1. The Contractor shall provide all labor,supervision,equipment and materials necessary for monitoring,
testing, maintain and repairing City-owner fire and security alarm systems that are monitored via
phone line, internet,wireless or the AES Radio Network;all as described herein.
2. The City currently has approximately Fifty Two(52)facility sites/locations with Life Safety systems that
require monitoring, testing and maintenance. Locations may be added or deleted at the direction of
the Director of Maintenance and Facilities as may be necessary throughout the term of the agreement
by administrative action,per the provision of Section 2.3 of the agreement.
3. Station monitoring. The Contractor will prepare their system for station monitoring and the ability to
connect with the AES Radio Network.This will include any needed equipment(i.e.: Radio Frequency
Transponders)so the systems can be monitored by the Contractor.The AES Radio devices are the
property of the City, however the Frequencies are a mixture of non-proprietary and proprietary to the
contractor. The City will compensate the contractor separately for the cost of reprogramming any
device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at
the sole discretion of the Contract Administrator.The Contractor shall begin monitoring of all specified
systems at the start of the contract.
Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm,
either fire or security,is activated.Contractor must identify to the police dispatch which facilityllocation
and the type of alarm that has been activated,fire or security, so that our public safety units respond
appropriately.False alarms that are verified by the contractor are not to be reported to police dispatch.
4. Safety. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all
acceptable standards for safe practices during the maintenance operation to safely maintain stored
equipment,machines and materials or other hazards consequential or related to the work;and agrees
to accept the sole responsibility for complying with all local;County,State or other legal requirements,
including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire
Alarm Code,O.S.H.A and CAL O.S.H.A.Safety Orders at all times as to protect all persons,including
Contractor's employees,agents of the City,vendors,members of the public or others from foreseeable
injury, or damage to their property. Contractor shall inspect all potential hazards in his area of
responsibility at said facilities and keep a log indicating date inspected and action taken.
5. Location of City-Owned or Operated Security and Fire Detection Alarm Monitoring Systems to be
Monitored,Tested and Maintained:
17
ACTIVE MONITORED LOCATIONS
Location Address Service Service System T s
AIRPORT-USO 210N.ELCIELOROAD BURG FIRE Aden= V61a-1DSC.SE
AIRPORT-CUSTOMS 31CO E TAHQURZ CANYON WAY FIRE Adeatto Vistalt}SGSe'
ANGELSTADIUM 1001 BARISTOROAD BURG Atle Vmta IDSC-SE
ANIMAL SHELTER 4575 E MESQUITE AVE. BURG FIRE Hon ? G=e-w9117030
BARISTO PAMNG STRUCTURE 275 S.INDIAN CANYON DR. FIRE Simplex Genell`rn!4010
BELARDO(DOWNTOWN) 101 N BELARDO ROAD FIRE Bosh AES129550
GARAGE
BOXING CLUB(COOLING 45 S.EL CIELO ROAD BURG Honeywell Alpha 0150 RF
CENTERI
CITY HALL 3200 E TAHQUITZ CANYON WAY FIRE Hcney vell 5820)(Lf1223700
CITY HALL-PANICS 32N E 7A1 AUITZ CANYON WAY PANIC WIFI Directly to Mtadmum
CITYYA.RD 425 N.CIVIC DR. FIRE BURG Nc:iier4803
CITY YARD-PANICS 425 N.CIVIC DR. PANIC WIFI Directly to Maximum
CITY YARD-FLEET OPERATIONS 459 N CIVIC DR. BURG Rod cs 8112
CITY YARD-FLEET OPERATIONS 459 N.CIVIC DR PANIC WIFI Directly w Maximum
PANICS
CO GENERATION MUNI 205 N.EL CIELO ROAD FIRE F=e re05820X11EVS
CO GENERATION SUNRISE 403 S.PAVILLION WAY FIRE Honywei 592DXLrEV3
CONVENTION CENTER 277 N.AVENIDA CABALLEROS FIRE WIFI cirectlIf to Maximum
COUNTY FIRE STATION(OLD NIPS 63-775 Q11ON RD- BURG AES Inte2inet
FIRE STATIONI
DEMUTH COMMUNITY CENTER 350I E MESQUITE AVE. BURG FIRE Slient Nnight5104B
DEMUTH COMMUNITY CENTER- WIFI
PANICS PANIC Directly to Maximum
DEMUTH FIELD 4375 MESQUITE AVE BURG NoOer PCI832
DEMUTH FIELD M CONCESSION 4375 MESQUITE AVE. BURG`Sectaity FIRE No:iSer PCiS32
DESERTART CENTER 550 N.P.ALM CANYON DR. FIRE
DESERT HGHLAND CTR 490 TRAMAEW RD. FIFA 5104E
DESERT HIGHLAND CTR GYM 480 TRAMAEVI RD. BURG PIPE Hon- e&Fvn4ce MS-51.10
DESERT HJGHLAND CENTER 480 TRA&MEW RD. BURG FIRE Honeywell FvNrce MIS-5UD
LIBRARY
DESERT HIGHLAND-PANICS PANIC WIFI Directly to M.Wmum
03
EDOM HILL 7D-75CO VA RNE.R RD. BURG FIRE KXEYASI MEMCO VIit3
32F8'AES
FIFE STATICiN R. 1303 S.LAVERNE'NAY BURG Nim AIIO-TO EE INSTALLO
FIRETRAWIG 30D E.A.LEJORD. BURG AAe.'6COV15t320P
K 1100 VELLA ROAD F1RE HxcryaEt VtS'32C'P
. c
LEISURE CENTER LDi S_PAVILION WAY EUg FIRE mmeywev ISAent K9'ogmi
CX20E.6150
LEISURE CENTER =D1 S.PAVILION NAY PANIC WIN Di m'PmA63'
PA.VILLION tDI S.PAVILLION WAY FIRE SLvM Kricr.5WJB
NMIN USF.ARY 3CO S.SUNRISE NAY BURG FIRE
MAIN UB.RARY CENTER 3C0&SUNRISE WAY FIRE BURG Ha1eyAsn I szol Knlpl+5:420E
16150
PALM CANYON THEATER S35 N.PALM CANYON DR. FIRE BURG A6 moo VI=32FB
PtAZ&THEATER 123 S..PALM CANYON D.R. BURG FIRE =mfvgl3It CP4co
POLICE DEPARTMENT 20 S.CIVIC DRIVE FIRE NDG.er-103I FXIL*=4f W
IMI IA1to PI.".SE Hacn S12R
POLICE SPIDER SHACK 2C0&CIVIC DRIVE FIRE St121it KrYant 5700
POLICE SUBSTATION tM S MOM CANYON BURG FIRE Adamco 56110
SUNRISE PLAZA SNLV7 CTR 4'01 S.PAVILION WAY BURG AW7=4110
TAOUIT_CREEJL .NAJ%4TENA)nE tE85 GOLF CLUB DRIVE BUR" AdErwo VI t3-20P
TAQUrrZCREFXPROSHOP.r-A.RT 1SW GOLF CLUB DRIVE BURG Aoemoo Vl=-20P
TA011ITZ GOLF CLUBHOUSE laWGOLFCLU3DRNE FIRE BURG H]Nvy Well NI AES VYr'.332r-US `
TRADITIONS f"v-STAUR,3Nf 1555 GOLF CLUB DRIVE BURG
VILLAGE GREEN-CORriELLA r.3 S.PALM CANYON D.R. FIREa BURG
V iKTE HO'.f`iE GP--A*,l.-Efts
VILLAGE GREEN-NJ.CCALUJM M1 S.PALM,CANYON DR. FLREa BURG Hp1cy+'RD V15P
ADOEE MUSEUM SPRINKLERS
VILLGE C-RE-4-AGUA CA'JEN,E 219 S.PALM CANYON DR. FL=wb BURG H7n?ynel V30?SE
MUSEUM SPRI NKLE?S
VT.LGE C,tEEN-RUDDYS "—I S.PP-LT,CANYON Da FIRE& BURG :Laawlks Omeg=m 0E112
GENERA-1 STORE SPRIW—ERRS
VISITORS CE'YER 2501 N.PALM CAIWON DR_ BURG AJ,=c\ASM-1Cw�Z
VNELVIO00 MU.F!RAY N.EVIO.RNAL 10 S_PALIA CANYON DR. BUR.^, FIRE A-Iff= 111UDL
L13R4RY
t•IEL 1000 MURRAY MOMO?IAL 1CA vi PALMCASYON DR. PANIC VYIFI DirVZy OD'ProM=Y
LIBRARY-PAJNICv
10
6. The Contractor must possess the following current and valid licenses and registrations:
a. Alarm Company Operator's License from the Bureau of Security and Investigative Services
(BSIS);
b. Alarm Company Managers License for the contractor's manager; registrations for employees
performing on-site services as Registered Alarm Agents with BSIS;
c. Fire Alarm Technician Certification(Blue Card)for at least one employee;
d. C-10 Electrical Contractor's License.
Licenses must be maintained during the entire term of the agreement and contractor shall perform all
services in compliance with any and all applicable laws, codes, and regulations,including NFPA 72.
7. All system repair services must be approved by the City's Contract Administrator in writing in advance
of the work being performed.Contract Administrator must approve the cost of repairs In advance and
no changes shall be made without approval from the Contract Administrator. All materials and each
part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract
Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished
with such information and assistance by the Contractor as is required to make a complete and detailed
inspection.Failure to obtain written approval to make repairs or allow inspections by the City's Contract
Administrator shall result in rejection of invoices and non-payment for unauthorized repairs.
8. EMPLOYEES OF CONTRACTOR.Any and all employees of Contractor not satisfactory to the City of
Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory.
The question as to whether any employee proves satisfactory to the City of Palm Springs is one which
is to be determined solely by the City of Palm Springs without cause, and without regard to the basis
upon which such decision shall be made.
9. NON-INTERFERENCE. Contractor shall not interfere with the public use of the premises and shall
conduct its operations as to offer the latest possible obstruction in inconvenience to the public or
disruption to the peace and quiet of the area within which the services are performed.
10.BUILDING SECURITY.It shall be the responsibility of the Contractor to assure that all his supervisory
and crew personnel abide by the City of Palm Springs building security regulations and safety
standards.The Contractor shall conduct his work operations in such a way as to safeguard the City's
personnel, equipment and property.
11.SCHEDULING OF SYSTEM TESTING. The Contractor shall provide a schedule to the Contract
Administrator for locations to be tested and gain access to City facilities. Regular testing must be
scheduled in advance and performed between the hours of 7:00 A.M.and 3:00 P.M., Monday through
Friday. Any alternate hours or days must be approved in advance, in writing, by the Contract
Administrator. Contractor must notify City staff 48 hour in advanced of any scheduled testing.
12.WARRANTY.The Contractor shall fully warrant all new materials used in the course of this Agreement
installed by Contractor, including without limitation, any optional equipment purchased by the City
under the terms of this Agreement, against poor and inferior quality equipment and materials for a
period of not less than the period of time warranted by the manufacturer from the date of final
acceptance of material/equipment by the City. Contractor shall repair or replace inoperable
material/equipment in a timely manner so as to minimize the possible disruption of City operations
resulting from said inoperable material/equipment. Contractor is not responsible for warranty of
equipment already ownedfinstalled in City facilities. Any newly installed equipment shall be non-
proprietary.
13.NOTICE TO PROCEED.A Notice to Proceed will be issued upon receipt of all required certificates of
insurance and fully executed contract documents. Contractor shall receive an original duplicate copy
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of the fully executed agreement and a City issued Purchase Order for the proper submission and
processing of invoices for the monthly monitoring, testing and maintenance services. Separate
Purchase Orders shall be issued for additional work above and beyond the base monthly monitoring,
testing and maintenance cost. See"Compensation", Item 94, page 17.
14.COOPERATION BETWEEN CONTRACTORS.The City reserves the right to contract for and perform
other or additional work on or near the work covered by these specifications.
When separate agreements are let within the limits of any one project, each contractor shall conduct
his/her work so as not to interfere with or hinder the progress or completion of the work being
performed by other contractors. Contractors on the same project shall cooperate with each other as
directed.
Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her
agreement and shall protect and hold harmless the City from any and all damages or claims that may
arise because of inconvenience,delays,or loss experienced because of the presence and operations
of other contractor working within the limits of the same project.
15.DAMAGE.The Contractor shall be held responsible for any breakage,damage,loss of City equipment
or supplies through negligence of the Contractor or his employees while working on the City's
premises. No product, supplies, or equipment shall be used by the Contractor which is injurious or
damaging to any surface which they are applied or exposed.The Contractor shall be responsible for
restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall
immediately report to the Contract Administrator any damage to the premises or furnishings resulting
from services performed under this Agreement.
Any and all work, including installations and/or repairs performed in any of the City's Historically
Classified buildings, must be proposed in writing for authorization prior to the commencement.
Additionally City staff must be present for the work being performed.
Pursuant to Section 5.0 Insurance, Indemnification and Bonds, the Contractor shall be liable for any
loss or damage City or third parties due to Contractor's failure to properly maintain monitor the City
owned fire and security systems described herein.
16.AUTHORITY OF THE CITY Subject to the power of authority of the City as provided by law in this
Agreement, the City shall in all cases determine the quantity, quality and acceptability of work,
materials and supplies for which payment Is to be made under this Agreement.The City shall decide
the questions which may arise relative to the fulfillment of this Agreement or the obligations of the
Contractor thereunder.
17.TERM.The tens of this Contract will be for three(3)years with two(2)one(1)year optional extensions
at the mutual written consent of the parties.
18.HOURS OF WORK. Normal hours of work for routine maintenance work are Monday through Friday,
7:00 AM.to 3:00 P.M. Some facilities have different operation hours and Contractor will obtain written
pre-approval from the Contract Administrator to perform any work at any location outside of the hours
as described above.
SPECIAL REQUIREMENTS:
1. The Contract Administrator for this Contract is the Director of Maintenance and Facilities, or an
authorized representative.
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2. The requirement for a Performance Bond and a Payment Bond is waived for this Contract.
COMPENSATION:
1. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with
the specifications and will accept as full payment therefore the amounts indicated on the Pricing Sheet
attached hereto.
a. For all monitoring services which the Contractor is obligated to perform the City shall pay to
the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice
shall be submitted itemizing each location monitored as provided in the Pricing/Bid Schedule.
Annual Systems testing may be scheduled and staggered with approval by the Contract
Administrator. For any testing services performed in a month,the cost as per the Pricing/Bid
Schedule may be included on the following month's invoice AFTER the testing has been
performed and the NFPA-72 completed form per site submitted and approved by the Contract
Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE
UNDER ANY CIRCUMSTANCE.
b. Payments shall be made upon submittal of a detailed monthly statement to the Contract
Administrator. Invoices should be submitted within two weeks following the end of a billing
period defined as a calendar month.
c. Contractor shall maintain and keep current a daily report form that records all work performed
by Contractor's personnel.Said report shall be in a form and content acceptable to the Contract
Administrator and shall be submitted to the Contract Administrator concurrent with the monthly
invoicing. The monthly payment will not be made until such report is received and deemed
acceptable by the Contract Administrator.
2. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option
of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by
reasons of such additions or deletions by the City. The amount of additional (or reduced)
compensation paid to the Contractor for additional (or removed) systems shall be determined as
follows:
a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or
b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the
Contractor of the materials and labor required and approved by the City for such extra work,
plus ten percent(10%)as compensation for all other items or profit and costs or expenses.
3. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will invoice the City
separately from the monthly or quarterly maintenance/monitoring charge for any labor,parts,materials
and components used in the course of the Agreement that are above the base contract. The
Contractor shall invoice the City at the contractor's cost for all parts and components(including smoke
detectors)used in the course of the contract that are above the base contract,and at the Hourly Labor
Rate as provided in the Bid Schedule. These shall be processed by separately issued Purchase
Orders by the City to the Contractor. All system repair services must be approved by the City's
Contract Administrator in writing in advance of the work being performed.Contract Administrator must
approve the cost of repairs in advance and no changes shall be made without approval from the
Contract Administrator.All materials and each part of detail of the work shall be subject to inspection
by the Contract Administrator.The Contract Administrator or their designee shall be allowed to inspect
all parts of the work and shall be furnished with such information and assistance by the Contractor as
is required to make a complete and detailed inspection. Failure to obtain written approval to make
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repairs or allow inspections by the City's Contract administrator shall result in rejection of invoices and
non-payment for unauthorized repairs.
PERFORMANCE:
1. TESTING. All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations.
The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying
that the required tests were performed,with his/her monthly statement.The Contractor may,with the
City's approval, stagger the testing of systems so all systems are not being tested at the same time.
The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm
Test Log.Testing includes Communication and all devices,including,but not limited to Strobes,Horns,
Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures
are to be followed.
Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72
requirements is NOT part of the scope of work of this contract and these tests will be performed by
others. For any system where a proprietary manufacturer requires their assistance and cooperation
with the Contractor for the testing of their equipment, the City shall pay the proprietary manufacturer
directly for their services.
2. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any
needed parts or materials.
3. STATION MONITORING. The Contractor shall begin monitoring of all specified systems at the start
of the Agreement. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441
when any alarm, either fire or security, is activated. Contractor must identify to the police dispatch
which facility/location and the type of alarm that has been activated,fire or security,so that our public
safety units respond appropriately. False alarms that are verified by the contractor are not to be
reported to police dispatch,
4. RESPONSE TIME
a. Trouble & Reset" Calls shall be defined as those calls requiring investigation and reset of a
malfunction within the system.The Contractor shall respond to all trouble and reset calls within
on(1)hour.
b. Respond shall be defined as making direct contract with the Contract Administrator or
designee, and if required by Contract Administrator or designee, Contractor shall dispatch a
technician to the site.
c. Major Repairs shall be defined as repairs requiring the replacement of system components.
The Contractor shall respond to major repair calls within twenty-four(24)hours.
d. The Contractor shall supply and put in place"like"substitute equipment if and when the existing
equipment cannot be repaired within twenty-four(24)hours.
5. LIQUIDATED DAMAGES: Liquidated Damages do not apply to this Contract.
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EXHIBIT"B"
CITY'S INVITATION FOR BID
INVITATION FOR BID IFB 20.02
PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES
FOR VARIOUS CITY OWNED FACILITIES
BID DUE DATE: TUESDAY, FEBRUARY 25,2020—3:00 P.M.
TABLE OF CONTENTS:
THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE
TABLE OF CONTENTS............................................................................................................. 1
NOTICE INVITING BIDS.........................................................................................................2-3
BIDDER'S CHECK LIST.........................................................................................................4-5
TERMS AND CONDITIONS...................................................................................................6-10
SPECIFICATIONS ..............................................................................................................11-18
ATTACHMENT"A"PAGE 19 MUST BE SIGNED.....................................................................19
ATTACHMENT"B"CONFLICT OF INTEREST&NON-DISCRIMINATION CERTIFICATION
PAGE 20 MUST BE SIGNED...........................................................................................20
ATTACHMENT"C"PUBLIC INTEGRITY DISCLOSURE FORM
PAGE 24 MUST BE SIGNED......................................................................................21-25
BID BID PAGE, PAGE 28 MUST BE SIGNED.....................................................................26-28
EXHIBIT"A"—REFERENCES .................................................................................................29
EXHIBIT"B"—AFFIDAVIT OF NON-COLLUSION, PAGE 30 MUST BE NOTARIZED.............30
BIDDERS GENERAL INFORMATION.................................................................................31-32
BIDBOND FORM- .................................................................................................................33
WORKERS COMPENSATION CERTIFICATE—......................................................................34
SUMMARY OF INSURANCE-............................................................................................35-37
SAMPLE CONTRACT AGREEMENT..................................................................................38-59
NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE
FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED.
STREET ADDRESS:
City of Palm Springs Procurement&Contracting
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
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NOTICE INVITING BIDS
IFB 20-02
PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES
FOR VARIOUS CITY OWNED FACILITES
BID DUE DATE: TUESDAY, FEBRUARY 25, 2020—3:00 P.M.
NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified
contractors to:
PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES
FOR VARIOUS CITY OWNED FACILITES
SCOPE OF WORK: The City of Palm Springs requires a properly licensed and qualified contractor to furnish
all labor, equipment, materials, and supervision to provide Fire and Security Alarm monitoring, testing,
maintenance and repair services for multiple city facilities and locations.
CONTRACTORS LICENSES: Contractor must possess the following current and valid licenses and
registrations:Alarm Company Operator's License from the Bureau of Security and Investigative Services
(BSIS); Alarm Company Managers License for the contractor's manager; registrations for employees
performing on-site services as Registered Alarm Agents with BSIS; Fire Alarm Technician Certification
(Blue Card) for at least one employee; and a C-10 Electrical Contractor's License. Licenses must be
maintained during the entire term of the agreement. Copie(s) of licenses must be submitted with your
bid.
The City of Palm Springs is a Charter City and subject to prevailing wage for projects estimated at$15.000.00
and above for this type of project
CALIFORNIA WAGE RATE REQUIREMENTS: The selected firm must pay the general prevailing rate of
per diem wages as determined by the Director of the Department of Industrial Relations of the State of
California forthe locality where the work is to be performed. The selected firm must furnish electronic certified
payroll records directly to the Labor Commissioner(via the Division of Labor Standards Enforcement). As a
condition of award or after April 1,2015,the contractor and any subcontractor listed on the bid must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the California Labor Code.
A copy of said wage rates is available on-line at: www.dir.ca.gov/dlsr/DPreWageDetermination.htm
The Contractor and any sub-contractor's shall pay not less than said specified rates and shall post a copy of
said wage rates and other notices prescribed by regulation at the project site.
Bids will be received until Tuesday,February 25,2020 at 3:00 P.M.,local time at the Office of Procurement
and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be
publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is
made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand
delivered or mailed to the address above.
BID BOND: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the
prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent
(10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to
25
whom the Work is awarded fail to furnish the required proof of insurance and enter into a Contract Services
Agreement with the City within the period of time provided by the IFB's requirements.
The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical
defect in a bid.
The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of
Bids.Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that
any Bid sent through the mall, or by any other delivery method, shall have sufficient time to be received by
the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the
Bidder unopened.
Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement
Office by calling (760) 322-6374 or via the Internet at the following address: http://www.13almspringsca.gov
click on"Government","Departments"and go to"Procurement","Open Bids".
NOTE: If you downloaded this bid via the internet at the address above, contact Leigh Gileno, Procurement
Specialist II via email at Lei¢h.Gileno@palmsprinesca.eov to be placed on the bidders list for this specific proiect
and provide your company name, contact person, contact email address, office address, office phone and
alternate phone(mobile). Failure to be placed on the bidders list as slated above may result in not receiving
addenda to the IFB. 'Note—Being placed on the vendor list for this specific proiect is a separate process
and not the same as registering online in our general vendor database.
Leigh Gileno
Procurement Specialist ll
January 22,2020
26
INVITATION FOR BIDS(IFB 20-02)
BIDDER'S CHECK LIST
INSTRUCTIONS TO BIDDER:
I GENERAL:
Bidders are advised that notwithstanding any instructions or inferences elsewhere in this
Invitation for Bid,only the documents shown and detailed on this sheet need be submitted with and
made part of their Bid. Other documents may be required to be submitted after Bid time, but prior
to award. Bidders are hereby advised that failure to submit the documents shown and detailed on
this sheet MAY RENDER THE BID NON-RESPONSIVE.
11 REQUIRED DOCUMENTS FOR BID:
Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not
completely filled out and submitted with the Bid.
NOTE: ONLYTHOSE ITEMS MARKED BY AN"X"ARE REQUIRED.
X Attachment"A"Signature Authorization Page, Page 19 must be signed.
X Attachment"B"Conflict of Interest&Non-Discrimination Certification, Page 20 must be
signed.
X Attachment "C" Public Integrity Disclosure Applicant Disclosure Form, Page 24 must be
signed.
X Bid Bid page 28,must be manually signed.
X Erasures or other changes made to the Bid Bid Pages must be initialed by the person signing
the Bid.
X References form, page 29,must be completed.
X Affidavit of Non-collusion by Contractor farm, page 30, must be manually signed and
countersigned by a Notary Public.
X All Addenda issued shall be acknowledged in the space provided on Attachment"A", page
19. Failure to acknowledge all Addenda may render your Bid non-responsive.
X Bid Bond, Certified Check, Cashier's Check, Money Order or Cash shall be submitted with
the Bid In the amount Indicated. Page 33 must be executed and notarized as indicated, if
applicable.
X Deviations from Specifications: It is understood that the product offered by the Bidder will
meet all requirements of the Specifications in this Invitation for Bids, unless deviations there
from are clearly indicated in an attachment headed"Deviations from Specifications"submitted
and signed by the Bidder's authorized representative. In order for the Bid to be considered,
an explanation must be made for each item in which a deviation is indicated, giving in detail
the extent of, and reason for, the deviation. The City shall determine if a deviation is
acceptable or not.
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X Bidder shall submit with their bid full descriptive data,including product specifications,general
drawings(if applicable),brochures,and any other Information on the material proposed in this
Invitation and as requested in the detailed Specifications.
X Copies of ALL OF the following current and valid licenses:
• Alarm Company Operator's License(BSIS)
• Alarm Company Manager's License for the contractor's,manager
• Proof of Registered Alarm Agents(BSIS)for employees of contractor working on-site
• Fire Alarm Technician Certification (Blue Card) for at least one employee performing Fire
Alarm repairs.
• C-10 Electrical Contractor's License
• Current Business License from a jurisdiction in the Coachella Valley(this is required ONLY if
you are requesting Local Preference(see#27 under Terms and Conditions).
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CITY OF PALM SPRINGS IFB 20.02
PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES
FOR VARIOUS CITY OWNED FACILITIES
TERMS AND CONDITIONS
1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a
sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and
date of opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the opening.
After that time, Bids may not be withdrawn by the Bidder for a period of ninety(90)days and at no
time after award of Bid.
3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder
or to reject all bids,as it may best serve the Interests of the City. Furthermore,the City reserves the
right to reject the Bid of any Bidder who previously failed to perform properly,or complete on time,
agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform
such an agreement satisfactorily.
4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect
in a Bid, as it may best serve the interests of the City. The City also reserves the right to make
such investigations as it deems necessary to determine the ability of the Bidder to perform the Work
and the Bidder shall fumish to the City all such information and data for this purpose as the City
may request. The City reserves the right to reject any Bid if the evidence submitted by or
investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out
the obligations in the bid documents and to complete the Work contemplated therein.
5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is
anticipated that City Council,or designee if applicable,will award the bid at their regularly scheduled
meeting following the closing date for receipt of bids.
6. Bidder's signed bid and written acceptance by the City (purchase order) shall constitute an
agreement.
7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the pages which make up this Invitation For Bid.
6. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax
levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise
Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any
other acts of Congress.
9. Bidders may submitQnU ONE (1) bid In response to this IFB. You many NOT submit multiple
bids.
10.When discrepancies occur between unit prices and extended amounts the unit prices shall
govern.
11.Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and
sworn before a Notary Public.
29
12.QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf
are specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee:or associate for any purpose related to
this IFB other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a Bid. No questions shall be answered via an addendum until
after the walk through.
AhM questions,technical or otherwise, pertaining to this Invitation for Bid must be submitted
M WRITING and directed ONLY to:
Leigh Gileno—Procurement Specialist II
Procurement&Contracting Dept.
3200 E.Tahquitz Canyon Way, Palm Springs CA 92263
Or E-mailed to: Leigh.Gileno@aalmsprinasca.¢ov
Or Faxed to:(760)323-8238
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the IFB. The deadline for all Questions is
3:00P.M.. Local Time, Day, February 18, 2020, Questions received afterthis date and time
may not be answered. Only questions that have been resolved by formal written Addenda via
the Division of Procurement and Contracting will be binding. Oral and other interpretations or
clarifications will be without legal or contractual effect.
PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND
THEREFORE IS NOTABLE TO ACCEPT. TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON
FRIDAY$ (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN
DELIVERING A SUBMITrAUBfD BY THE DUE DATE AND TIME AS DEFINED IN THIS
DOCUMENT.
13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a
Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The
successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen
(14)calendar days.
14.Business License: The successful bidder will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through
3.96, entitled"Business Tax".
15.The Bidder agrees that the City has the right to make the final determination as to whether
the materials has been satisfactorily delivered, installed and meets the acceptance criteria as
defined in the Bid documents.
16.Performance: Time is of the essence in the performance of the work. Performance schedule
may be a factor in award of bid and may be cause for resection, as determined by the City.
17.Warranty: The successful Bidder shall fully warrant all product including without limitation
against any poor or inferior quality product Installed or replaced for a period not less
than one(1)year from the date of final acceptance of the product by the City
The successful Bidder shall replace product in a timely manner so as to minimize the possible
disruption of City operations resulting from said product. Where applicable, all bids shall be
accompanied by a copy or description of the manufacturer's warranty for the items(s)
proposed and evidence that such warranty is assignable to the City.
30
18.Termination for Default: The City may, by written notice of default to the vendor, terminate
any resulting order in whole or in part should the vendor fail to make satisfactory progress,
fail to deliver within time specified therein or fail to deliver in strict conformance to
specifications and requirements set forth therein. In the event of such termination, the City
reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting
vendor shall be liable for the difference between the prices set forth in the terminated order
and the actual cost thereof to.the City. The prevailing market price shall be considered the
fair repurchase price, If, after notice of termination of this contract under the provisions of this
clause,it's determined for any reason that the Contractor was not in default under the provisions
of this clause, the rights and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to the Termination for Convenience clause. The rights
and remedies of City provided in this article shall not be exclusive and are in addition to any
other rights and remedies provided by law or under resulting order.
19. Termination for Convenience: The City may, by written notice stating the extent and
effective date terminate any resulting order for convenience in whole or in part,at any time. The
City shall pay the vendor as full compensation for performance until such termination the unit or
pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of
termination, not otherwise recoverable from other sources by the vendor as approved by the
City,with respect to the undelivered or unaccepted portion of the order, provided compensation
hereunder shall in no event exceed the total price. In no event shall the City be liable for any
loss of profits on the resulting order or portion thereof so terminated. The rights and remedies
of City provided in this article shall not be exclusive and are in addition to any other rights and
remedies provided by law or under resulting order.
20.Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end
is contingent upon the availability of funding from which payment can be made. No legal
liability shall arise for payment beyond June 30 of the calendar year unless funds are made
available for Such performance.
21. Affidavit of Non-Collusion and References: Bidders are required to file an-Affidavit of
Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public
with a commission in the State of California. Bidders are also required to provide
References. The forms are included in the Bid package as"Exhibits A and B".
22.Bidder Responsibility: The City of Palm Springs reserves the right to reject the Bid of any
Bidder who previously failed to perform properly, or complete on time, agreements of similar
nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement
satisfactorily.
23.Governing Law: This contract shall be construed and interpreted according to the laws of
the State of California.
24.Bid Bond: Each Bid must be accompanied by rash, a certified or cashier's check or Bidder's
bond on the prescribed form and made payable to the City of Palm Springs for an amount
equal to at least ten percent(10%)of the amount Bid(maximum award value of lump sum total).
Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish
the required proof of insurance, bonds and enter into a Purchase Order Contract with the City
within the period of time provided by the IFB's requirements.
25. Performance Bond and Insurance: WAIVED
calendar:days-after:-Notice-af-Award, a-P-edomtance-Bond4n-the-sum-d4lie-amount-of-the
AgFeemei:it. The AugnApqful RiddAF shall FsaiRtain the validity and enfemement of said hand to
31
RSuraRGe as peF the instFUGtiens nentalned-herein
26. Payment Bond: Payment/Labor and Materials Bond WAIVED.
shall—fumish- hin 44 calendar days aft teriats
validity a�idbeRd for the duratieR of the GeRtract-.
27. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756,
the term "Local Business" is defined as a vendor, contractor, or Consultant who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid
or bid opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley"is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition,"Coachella Valley"includes
the cities of Beaumont and Banning and the unincorporated areas between Banning and the
City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose
of establishing such physical address.
In the bidding of, or letting for procurement of, supplies, materials,and equipment,as provided
in Ordinance No. 1756, the City may give a preference to Local Businesses in making
such purchase or awarding such contract in an amount not to exceed five (5%) percent of the
Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall
include only the base bid price but also adjustments to that base bid price resulting from
alternates requested in the Solicitation. In order for a Local Business to be eligible to claim
the preference, the business MUST request the preference in the Solicitation response (see
cost Bid pages) and provide a copy of its current business license from a jurisdiction in the
Coachella Valley.
28. Payment Terms-The standard terms at the City of Palm Springs are Net 30 days.
29. It is understood that the services offered by the Bidder will meet all requirements of
the specifications in this Invitation unless deviations therefrom are clearly indicated in an
attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized
representative. In order for the Bid to be considered, an explanation must be made for each
item in which an exception is taken, giving in detail the extent of the exception and the reason
for which it is taken.The City of Palm Springs will be the sole judge as to whether any deviations
or exceptions will be approved or accepted.
30.Non-Discrimination Certification: 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
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
32
contracting.
Failure or refusal to enter into an.Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of
the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer,and so on.
31. Other Public Agency"Piggyback Clause": It is Intended that any other public agency,at the
mutual consent of both parties and consistent with the public agency's policies and procedures,
be permitted to purchase under the terms submitted in response to this procurement. Any
participating agency shall take sole responsibility for the placing of orders,arranging for delivery
and or services, and making payments to the vendor, contractor, or consultant. The City of
Palm Springs will not be liable or responsible for any obligations, including but not limited to
financial responsibility, in connection with the participation by other public agencies.
33
CITY OF PALM SPRINGS IFB 20-02
PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES
PURPOSE,SCOPE OF WORK,AND SPECIAL CONDITIONS:
SCOPE OF SERVICES:
19.The Contractor shall provide all labor, supervision, equipment and materials necessary for
monitoring, testing, maintain and repairing City-owner fire and security alarm systems that are
monitored via phone line,internet,wireless or the AES Radio Network; all as described herein.
20.The City currently has approximately Fifty Two (52) facility sites/locations with Life Safety systems
that require monitoring,testing and maintenance.Locations may be added or deleted at the direction
of the Director of Maintenance and Facilities as may be necessary throughout the term of the
agreement by administrative action, per the provision of Section 2.3 of the agreement.
21.Station monitorina.The Contractor will prepare their system for station monitoring and the ability to
connect with the AES Radio Network.This will include any needed equipment(i.e.:Radio Frequency
Transponders)so the systems can be monitored by the Contractor.The AES Radio devices are the
property of the City, however the Frequencies are a mixture of non-proprietary and proprietary to the
contractor. The City will compensate the contractor separately for the cost of reprogramming any
device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at
the sole discretion of the Contract Administrator.The Contractor shall begin monitoring of all specified
systems at the start of the contract.
Contractor shall Immediately call Palm Springs police dispatch at 760-327-1441 when any alarm,
either fire or security,is activated.Contractor must identify to the police dispatch which facility/location
and the type of alarm that has been activated,fire or security, so that our public safety units respond
appropriately.False alarms that are verified by the contractor are not to be reported to police dispatch.
22.Safety. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet
all acceptable standards for safe practices during the maintenance operation to safely maintain stored
equipment,machines and materials or other hazards consequential or related to the work;and agrees
to accept the sole responsibility for complying with all local,County,State orother legal requirements,
including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire
Alarm Code,O.S.H.A and CAL O.S.H.A.Safety Orders at all times as to protect all persons,including
Contractor's employees, agents of the City, vendors, members of the public or others from
foreseeable Injury, or damage to their property. Contractor shall inspect all potential hazards in his
area of responsibility at said facilities and keep a log indicating date inspected and action taken.
23.Location of City-Owned or Operated Security and Fire Detection Alarm Monitoring Systems to be
Monitored,Tested and Maintained:
34
BOOM HILL 7,04W'O VARNERR RD. BURG FIRE Mriey4VMde coV=
32FE•AES
FIRES7ATIGNF.4 1300 S.LAVERNE WAY SURG NeWAM-TO BE INSTALLED
FIRE TRAIMNG MME.ALEJORD. SURG Ad-MWW%9sta 20P
rfuU" MuLu 1100V-m-'-A.RQAD FIRE t#3neyast Vt532CP
LEISURE CENTER 4D1 S,PAMUON WAY Bug FM=- mm4petliSentiKtiTnf
SK?0&E1S3
LEISUf-CENTER. 401 a PAVILUON WAY PASr WIFI Mre=y ta-PrzA"-K'
PAVILUON 401 SPAVILLION WAY FIRE SrArd KNorit 5Fs1E
MAIN LIERARY 30&SUNRISE WAY BURG FIRE
MAIN LIERARY CENTER 30 S SUNRISE WAY FIRE BURG HMEYN-11I Mot K1119111f SIM5
1615D
PALM CANYON THEATER 538 N.PALM CANYON A3 FIRE BURG AW-mWV=32FB
PLAZA THEATER 128 S.PALM CANYON DFL BURG FIRE :nCKt sl Vgl3'iCCP:00
POLICE CcVARTU.ENT 200 S.CIVIC ORIVE FIRE N'mr*r AFROI F4txntlt-maim
MI I Att^J ?Wfie H3hx1 E42R
POLCESPIDER.MVZK 2MOS.CmC DRNE FIRE 00--MI(riatlt5T0D
POLICE SUSSTATION MSSINDLW CANYON BURG FIRE Ade=54ll0
SUNRISE PLAZA SIMM CTR 401&PAVIWON WAY SURG A2eff=4110
TAOUITZCREEK NADCMNAtY'E 1 e8S CALF CLUB DIME BURG Agemm VIstn-20P
TAQUITZCREEK PRO SHOP.I;ART IMS GOLF CLUB DRIVE SURG Ademeo VIst3-20P
TACUITZ GOLF CLLSPIOUSE IMS GOLF CLUB DRIVE FIRE SURG Hx)--y WS51171AES VGA 32FUS
TRAOITIONS RBSTAURAN'l 1£dS GOLF CLUB DRIVE SURG
VILLAfaE GREEN-CORNELW FIRE d
WHITE HOUSE 223 S PALM CANYON DR. SPRNIKI E mll BURG
TILLAGE GREEN-MtCALLU1J 221 S.RAJA CANYON DR. FIREd
ADOBE MUSEUM SPRINKLER.^, �-
El1RG H:n_ dll V15P
VILLGE GREEN-AGUA CAUENTF 219,PkJA CANYON DR. FIRcd
MUSEUU JPRIYKLERS H7 BURG neYsel Y3NSE
"
4TLLGE GREEN-RUDDYS 221 S PALM CANYON OR ME& BURG R311onlr.,Ot'I=_g213M D5112
GENERAL STORE SPRLh?CLERS
1ASITORS,CENTER 240i N.PAUM CANYON DX SURS Me=%Asm-tma
WELWOCDMURRAYM�(O!UAL 10.3SPALMCAVYONDR_ BURG FIRE Acen1W 4110OL
UBFLARY
' L'YOOD MURRAY MEMORIAL 1C-0S.PALM CANYON DR. PANICVtIFf DhKCy to-P10'AV
UBRARY-PAhRCS
cn
N
EDOM HILL 70-73C0VARNERRO. BURG FIR: HDm}v. t-AdEmC0Vi5t3
+ 32FB'AES
FIRE STATION ; 1103 S.LAVL-RNE STAY BURG :L::Add-TO BE INSTALLED
FIRETRAMING WM E.ALEJO R-'X BURG AdMw M5n20P
1100VE[IFOAD FIRE t#x1eyA Ylis'a 20P
LEIv^uiF CEN;ER a61 S.PKALLf0N WAY Bing ARE H:n?Fyr.+ai!! . Kst�Euf
.Slso
LEISURE CENTER 401 S.PAVILU04 WAY PAO= win Otrect to-Fra zEr-
PAVILLICN 401 S.PAVILLION SPAY FIRE SD?r4 KiTgRt S&M
14411*4 LIBRARY 3D0 S,SUNRISE WAY BURG FIRE
MAIN LIBRARY C rfet 3W S.SUNRSE WAY FIRE BURG H:tla}1x.U11 SOffihu S:R2D0
1615D
PALL{CANTON THEATER S33 N.PALM CANYON DR. FIRE BURG AWN=Vita 32F5
PLAZATHEATER 428 S PALM.CANY0N D.'R. BURG FIRE :o1A=IVst=, VC 4m
POLCE DEPARTM.rNT' 2m S.CIVIC 0RI'!E" FIRE. NOMF 9501)1 FIRLerxh-fii30FS
_ Q011ALto PLaE Ki,' t WR
POLICE SPIDER SMCK 2LM S.CitnC DRRc - FIRE saam wiviSTDD
POLICE SUBSTATION 1DSSINDIAN CANYON BURG FIRE AXkaT=FAI10
SUNRISE PLAZA SIVIM CTR 401 S.PAVILLi0N WAY BURG A5«n034110
TAQUITZCRE,FA MAL'iTEltAt.*CE IM G0LF CLUB DRIVE BURG A6eMDDT;5tTc-20P
TAQUITZ CREEK PR0 SHORvAART im G0LF CLUB DRRIE BURG AdemC Wts-20P
TAC:UITZGCLFCLUBHOUSE tM35G0LFCLUB0R€VE FIRE BURG fiWL-YW6 U VitAESV--,a32FUS
TRADIT1010 RESTMRANT 735 G0LF CLU DDRPIE BURG
WLLAGE GRE N-C0RIIELV4 =3 S.PALM CANYON DR. FFRE 3
WeTE HOUSE SPRINKLERS BURG
LLLAGE GREEN-M.CCALLUM 221&PALMCA`CYOND.R. MIE& BURG HcneyN?RViSP
ADOBE MUSEUM SPRINKLERS
MIGE GREEN-AGUACALIEWE 2 t 9 S.PALM CANYON DR. FIRE d BURG H;copal V'.OPSE
WJS=-Lw SPRI 15MERS
W tGE GREEN-RUDDYS 221 S.PALM CANYON DR. FIRE& BURG FXIM.mi:gala'T7 Om O6112
GENERAL STORE SPRINKLERS
WSMAS CENTER 2SCI X PALM CANYON DR. BURG Ado=VlSM-1:SE
5R 4000 LiU,RRAY M .d0FS4i 11 MO PALM,CANYON C4TL. BURG FIRE_ ACEMCO 411ODL
t15RARY S.
I V ELIVOOD MURRAY MESIORiAL 100 a PALM CANYON D.R. PAYS MFI MMay t0'P1D'Ad:R'
w
I BRARY-PANICS
rn
24.The Contractor must possess the following current and valid licenses and registrations:
a. Alarm Company Operator's License from the Bureau of Security and Investigative Services
(BSIS);
b. Alarm Company Managers License for the contractors manager; registrations for employees
performing on-site services as Registered Alarm Agents with BSIS;
c. Fire Alarm Technician Certification(Blue Card)for at least one employee;
d. C-10 Electrical Contractors License.
Licenses must be maintained during the entire term of the agreement and contractor shall perform
all services in compliance with any and all applicable laws, codes, and regulations, including NFPA
72.
25.All system repair services must be approved by the City's Contract Administrator in writing in advance
of the work being performed.Contract Administrator must approve the cost of repairs in advance and
no changes shall be made without approval from the Contract Administrator.All materials and each
part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract
Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished
with such information and assistance by the Contractor as is required to make a complete and
detailed inspection. Failure to obtain written approval to make repairs or allow inspections by the
City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized
repairs.
26.EMPLOYEES OF CONTRACTOR.Any and all employees of Contractor not satisfactory to the City
of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory.
The question as to whether any employee proves satisfactory to the City of Palm Springs is one which
is to be determined solely by the City of Palm Springs without cause,and without regard to the basis
upon which such decision shall be made.
27.NON-INTERFERENCE. Contractor shall not interfere with the public use of the premises and shall
conduct its operations as to offer the latest possible obstruction in inconvenience to the public or
disruption to the peace and quiet of the area within which the services are performed.
28.BUILDING SECURITY.It shall be the responsibility of the Contractor to assure that all his supervisory
and crew personnel abide by the City of Palm Springs building security regulations and safety
standards.The Contractor shall conduct his work operations in such a way as to safeguard the City's
personnel,equipment and property.
29.SCHEDULING OF SYSTEM TESTING. The Contractor shall provide a schedule to the Contract
Administrator for locations to be tested and gain access to City facilities. Regular testing must be
scheduled in advance and performed between the hours of 7:00 A.M.and 3:00 P.M.,Monday through
Friday. Any alternate hours or days must be approved in advance, in writing, by the Contract
Administrator. Contractor must notify City staff 48 hour in advanced of any scheduled testing.
30.WARRANTY. The Contractor shall fully warrant all new materials used in the course of this
Agreement installed by Contractor, including without limitation,any optional equipment purchased by
the City under the terms of this Agreement,against poor and inferior quality equipment and materials
for a period of not less than the period of time warranted by the manufacturer from the date of final
acceptance of material/equipment by the City. Contractor shall repair or replace inoperable
material/equipment in a timely manner so as to minimize the possible disruption of City operations
resulting from said inoperable material/equipment. Contractor Is not responsible for warranty of
equipment already ownedrinstalled in City facilities. Any newly installed equipment shall be non-
proprietary.
37
31.NOTICE TO PROCEED.A Notice to Proceed will be issued upon receipt of all required certificates
of insurance and fully executed contract documents. Contractor shall receive an original duplicate
copy of the fully executed agreement and a City issued Purchase Order for the proper submission
and processing of Invoices for the monthly monitoring, testing and maintenance services. Separate
Purchase Orders shall be issued for additional work above and beyond the base monthly monitoring,
testing and maintenance cost.See"Compensation", Item#4, page 17.
32.COOPERATION BETWEEN CONTRACTORS. The City reserves the right to contract for and
perform other or additional work on or near the work covered by these specifications.
When separate agreements are let within the limits of any one project,each contractor shall conduct
his/her work so as not to interfere with or hinder the progress or completion of the work being
performed by other contractors. Contractors on the same project shall cooperate with each other as
directed.
Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her
agreement and shall protect and hold harmless the City from any and all damages or claims that may
arise because of inconvenience,delays,or loss experienced because of the presence and operations
of other contractor working within the limits of the same project.
33.DAMAGE. The Contractor shall be held responsible for any breakage, damage, loss of City
equipment or supplies through negligence of the Contractor or his employees while working on the
City's premises.No product,supplies,or equipment shall be used by the Contractor which is injurious
or damaging to any surface which they are applied or exposed.The Contractor shall be responsible
for restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall
Immediately report to the Contract Administrator any damage to the premises or furnishings resulting
from services performed under this Agreement.
Any and all work, including installations and/or repairs performed in any of the City's Historically
Classified buildings, must be proposed in writing for authorization prior to the commencement.
Additionally City staff must be present for the work being performed.
Pursuant to Section 5.0 Insurance, Indemnification and Bonds, the Contractor shall be liable for any
loss or damage City or third parties due to Contractor's failure to properly maintain monitor the City
owned fire and security systems described herein.
34.AUTHORITY OF THE CITY Subject to the power of authority of the City as provided by law in this
Agreement, the City shall in all cases determine the quantity, quality and acceptability of work,
materials and supplies for which payment is to be made under this Agreement.The City shall decide
the questions which may arise relative to the fulfillment of this Agreement or the obligations of the
Contractor thereunder.
35.TERM. The term of this Contract will be for three (3) years with two (2) one (1) year optional
extensions at the mutual written consent of the parties.
36.HOURS OF WORK.Normal hours of work for routine maintenance work are Monday through Friday,
7:00 AM.to 3:00 P.M.Some facilities have different operation hours and Contractor will obtain written
pre-approval from the Contract Administrator to perform any work at any location outside of the hours
as described above.
38
SPECIAL REQUIREMENTS:
3. The Contract Administrator for this Contract is the Director of Maintenance and Facilities, or an
authorized representative.
4. The requirement for a Performance Bond and a Payment Bond is waived for this Contract.
COMPENSATION:
4. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with
the specifications and will accept as full payment therefore the amounts indicated on the Pricing
Sheet attached hereto.
a. For all monitoring services which the Contractor is obligated to perform the City shall pay to
the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice
shall be submitted Itemizing each location monitored as provided in the Pricing/Bid Schedule.
Annual Systems testing may be scheduled and staggered with approval by the Contract
Administrator. For any testing services performed in a month,the cost as per the Pricing/Bid
Schedule may be included on,the following month's invoice AFTER the testing has been
performed and the NFPA-72 completed form per site submitted and approved by the Contract
Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE
UNDER ANY CIRCUMSTANCE.
b. Payments shall be made upon submittal of a detailed monthly statement to the Contract
Administrator. Invoices should be submitted within two weeks following the end of a billing
period defined as a calendar month.
c. Contractor shall maintain and keep current a daily report form that records all work performed
by Contractor's personnel. Said report shall be in a form and content acceptable to the
Contract Administrator and shall be.submitted to the Contract Administrator concurrent with
the monthly invoicing.The monthly payment will not be made until such report is received and
deemed acceptable by the Contract Administrator.
5. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option
of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by
reasons of such additions or deletions by the City. The amount of additional (or reduced)
compensation paid to the Contractor for additional (or removed) systems shall be determined as
follows:
a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or
b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the
Contractor of the materials and labor required and approved by the City for such extra work,
plus ten percent(10%)as compensation for all other items or profit and costs or expenses.
6. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will Invoice the City
separately from the monthly or quarterly maintenance/monitoring charge for any labor, parts,
materials and components used in the course of the Agreement that are above the base contract.
The Contractor shall invoice the City at the contractor's cost for all parts and components(including
smoke detectors) used in the course of the contract that are above the base contract, and at the
Hourly Labor Rate as provided in the Bid Schedule.These shall be processed by separately issued
Purchase Orders by the City to the Contractor. All system repair services must be approved by the
City's Contract Administrator in writing in advance of the work being performed. Contract
Administrator must approve the cost of repairs in advance and no changes shall be made without
39
approval from the Contract Administrator. All materials and each part of detail of the work shall be
subject to inspection by the Contract Administrator.The Contract Administrator or their designee shall
be allowed to inspect all parts of the work and shall be furnished with such information and assistance
by the Contractor as is required to make a complete and detailed inspection.Failure to obtain written
approval to make repairs or allow Inspections by the City's Contract administrator shall result In
rejection of invoices and non-payment for unauthorized repairs.
PERFORMANCE:
6. TESTING. All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations.
The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying
that the required tests were performed,with his/her monthly statement.The Contractor may,with the
City's approval,stagger the testing of systems so all systems are not being tested at the same time.
The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm
Test Log. Testing includes Communication and all devices, including, but not limited to Strobes,
Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and
procedures are to be followed.
Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72
requirements is NOT part of the scope of work of this contract and these tests will be performed by
others. For any system where a proprietary manufacturer requires their assistance and cooperation
with the Contractor for the testing of their equipment,the City shall pay the proprietary manufacturer
directly for their services.
7. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any
needed parts or materials.
8. STATION MONITORING.The Contractor shall begin monitoring of all specified systems at the start
of the Agreement: Contractor shall immediately call Palm Springs police dispatch at 760-327-1441
when any alarm, either fire or security, Is activated. Contractor must identify to the police dispatch
which facility/location and the type of alarm that has been activated,fire or security,so that our public
safety units respond appropriately. False alarms that are verified by the contractor are not to be
reported to police dispatch.
9. RESPONSE TIME
a. Trouble& Reset"Calls shall be defined as those calls requiring investigation and reset of a
malfunction within the system.The Contractor shall respond to all trouble and reset calls within
on(1)hour.
b. Respond shall be defined as making direct contract with the Contract Administrator or
designee,and if required by Contract Administrator or designee, Contractor shall dispatch a
technician to the site.
c. Major Repairs shall be defined as repairs requiring the replacement of system components.
The Contractor shall respond to major repair calls within twenty-four(24)hours.
d. The Contractor shall supply and put in place "like" substitute equipment if and when the
existing equipment cannot be repaired within twenty-four(24)hours.
10.LIQUIDATED DAMAGES:Liquidated Damages do not apply to this Contract.
40
BID SCHEDULE/PRICING PAGES(IFB 20-02)
ALARM MONITORING&MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES
DUE• TUESDAY FEBRUARY 25 2020 AT 3 00 P M LOCA TIME
Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby
agreed to all the terms and conditions set forth in all of the sheets which make up this invitation.
Respondina to an Invitation For Bids to provide alarm monitoring & maintenance services for
various city owned facilities the undersigned bidder agrees to provide services in accordance with
the specifications herein UWE Propose and agree to provide alarm monitoring & maintenance
services for various city owned facilities as described herein and accept as full payment the
following amount:
MONTHLY MONTHLY
FACILITIES MAINTENANCE STATION TOTAL COST PER MONTH
TESTING MONITORING
AIRPORT-USO
AIRPORT-CUSTOMS
ANGEL STADIUM
ANIMAL SHELTER
BARISTO PARKING STRUCTURE
BELARDO(DOWNTOWN) GARAGE
BOXING CLUB(COOLING CENTER)
CITY HALL
CITY HALL-PANICS
CITY YARD
CITY YARD-PANICS
CITY YARD-FLEET OPERATIONS
CITY YARD-FLEET OPERATIONS-PANICS
- CO GENERATION MUNI
CO GENERATION SUNRISE
CONVENTION CENTER
COUNTY FIRE STATION
OLD NPS FIRE STATION
DEMUTH COMMUNITY CENTER
DEMUTH COMMUNITY CENTER-PANICS
DEMUTH FIELD 1
DEMUTH FIELD 7&8 CONCESSION
DESERT ART CENTER
DESERT HIGHLAND CTR
DESERT HIGHLAND CTR GYM
DESERT HIGHLAND CENTER LIBRARY
DESERT HIGHLAND-PANICS
EDOM HILL
FIRE STATION#4
FIRETRAINING
41
HOUSEHOLD HAZARDOUS WASTE
LEISURE CENTER
LEISURE CENTER
PAVILLION
MAIN LIBRARY _
MAIN LIBRARY CENTER
PALM CANYON THEATER
PLAZA THEATER
POLICE DEPARTMENT
POLICE SPIDER SHACK
POLICE SUBSTATION
SUNRISE PLAZA SWIM CTR
TAQUITZ CREEK MAINTENANCE
TAQUITZ CREEK PRO SHOP/CART
TAQUITZ GOLF CLUBHOUSE
TRADITIONS RESTAURANT
VILLAGE GREEN-
CORNELIA WHITEHOUSE
VILLAGE GREEN-
MCCALLUM ADOBE MUSEUM
VILLGE GREEN-
AGUA CALIENTE MUSEUM
MONTHLY COST X 12=TOTAL ANNUAL COST FOR ALL SITES AND SYSTEMS$
Written in words
Normal Response, Regular Business Hours, Hourly Labor Rate:
(For work above base contract as per Compensation, Item 4 pg 17)=$ !hour.
Emergency Response,Weekends&Holidays, Hourly Labor Rate
(For work above base contract as per Compensation, Item 4 pg 17)=$ /hour.
CPI INCREASE: It is understood and agreed that this Bid may not be withdrawn until ninety(90)days from
the date of the opening thereof, and at no time after award of Bid. Prices to remain firm for Initial contract
period of(3) three years; and two (1) one year renewal options upon mutual consent of the City and the
Contractor. The unit prices shall be adjusted(decreased or increased)at the beginning of any such renewal
period to correspond with the most recent annual change to the Consumer Price Index for All Urban
Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles,Anaheim and Riverside
Areas.
Copy of current business license is reauired to be attached to this document.
(Signatures):
Name of firm submitting bid
Authorized signature Printed name/title
42
vntM INVITATION FOR BID
oa s,P FOR
ALARM MONITORING&MAINTENANCE SERVICES
u FOR VARIOUS CITY OWNED FACILITIES(20-02)
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE
PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO
HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
CORRECTION OF INSTRUCTIONS AND BID DOCUMENTS TO PROPOSERS:
The following correction/deletion Is being made to the Notice to Invitation For Bid(RFQ 20-02)Alarm
Monitoring&Maintenance Services for various City owned facilities.
DELETE THE FOLLOWING STATEMENT:
12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee member,
council member, or other agency employee or associate for any purpose related to this IFB other than
as directed below. Contact with anyone other than as directed below WILL be cause for rejection
of a Bid. No qUeStIGR8 shall be assweFed via an addendum unto!after the walk thFough.
CLARIFICATION OF INSTRUCTIONS TO BIDDERS:
There will be no walk through for this project
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist II
DATE: January 3,2020
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with
your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive.
43
YntM
INVITATION FOR BID
° FOR
• ALARM MONITORING&MAINTENANCE SERVICES
p FOR VARIOUS CITY OWNED FACILITIES(20-02)
�Uf L K�
ADDENDUM NO.2
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE
PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO
HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and Is hereby providing answers thereto:
Q 1: Page 12 and 13 are duplicates of each other and don't list all the City locations. Please
note that the new fire alarm system at Fire Station#4 is being connected to the COPS radio
system for monitoring by us today.This brings the total monitored locations to 55.
A 1: Page 12 Is being replaced via this addendum as it was a duplicate of page 13. The Nst provided
In this addendum Is the final and correct list of the 52locations(not 55)that the City wants to
have monitored. The new system at Fire Station#4 Is on the list of 52 and noted as"New Add
—TO BE INSTALLED"on page 13.
Q 2: The IFB calls for an "Annual Systems testing" (page 16 and 17), this is also the way our current
Agreement reads, but the bid schedule (page 26) calls for a monthly testing fee. Do you want the
annual fee to be divided by 12 and included that way?
A 2: Yes.Ali annual and semi-annual systems testing should be divided by 12 and Included In the
monthly maintenance/testing bid schedule.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist II
DATE: February 5, 2020
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with
your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive.
44
ACTIVE MONITORED LOCATIONS
Location Address Service 1 Service 2 System Types
AIRPORT-USO 210 N.EL CIELO ROAD BURG FIRE Adefrwo Vsta103C-SE
AIRPORT-CUSTOMS 3108 E TAHOUITZCANYON WAY FIRE Ade Vste-IOSC-SE
ANGELSTADIUM 1901 BARISTO ROAD BURG - Ade VWs IDSC-SE
ANIMAL SHELTER 4T75 E.MESQUITE AVE. BURG FIRE Pa* well Gamewetl 17D60
BARISTO PARKING STRUCTURE 275 S.INDIAN CANYON DR. FIRE Sim Iex Gr6xe9Tnm4010
BELAROO(DO:VNTOWN) 101 N BELAROO ROAD FIRE Bash AES12WO
GARAGE
BOXING CLUB(COOLING 225 S.EL CiELO ROAD BURG Hai 510 RF
TE CENR) end AI! -
CITY HALL 3200 E.TAHQUIT2 CANYON WAY FIRE Honeyae05820WIM570D
CITY HALL-PANICS 3200I-TAHQUrT2 CANYON WAY PANIC WIFI Duet to Mayimum
CITY YARD 425 N.CIVIC DR. FIRE BURG N065er4800
CITY YARD-PANICS 425 N.CIVIC DR PANIC WIFIDTr e- to Maim
CrTY YARD-FLEET OPERATIONS 459 NCIVIC OR _ BURG 2112
CITY YARD-FLEET OPERATIONS 4%N.CMCOR PANIC WC-iD- tnMaim
PANICS n�Y om
CO GENERATION h(uNt 205 N.EL CIELO ROAD FIR--- Honeymn Ssz0XLEvs
CO GENERATION SUNRISE 403S.PAViLUON"WAY FIRE Hanoyaei15327XUtV^s
CONVENTION CENTER --R N.AVENIDA CABALLEROS FIRE WIFI Diresll to hLa i _
COUNTY FIRE STATION{OLD NPS FIRE STATIONl d3.775 OtLLON RD, BURG AES EcdzEinEt
DEMUTH COMMUNITY CIBITER MI E.MESQUITEAVE BURG FIRE Stint Krdght51M
DEMO i H COMMUNITY CENTER-
PANICS PANIC 4YER Deb hL:riman
DE4UTH FIELD 4375 MESQLI-,-=AVE BURG NoLwPC1832
DEMUTH FIELD 7&S CONCESSION 4375 MESQUITE AVE. �IS� FIRE Notirw PCie32
DESERT ART CENTER 55D N.PALM CANYON OR FIRE
DESERT HIGHLAND CTR 481)TRAMWEIN RD. FIRE 5ID4S
DESERT HIGHLAND CTR GYM 490 TRAhN1EW RM BURG FIRE F=evweg Fcez-ftl MS-5iA
DLIBRAF.YESERT HIGHLANDCENTER 480TRA41VISVRD. BURG FIRE HD ey&eU F¢e{ce MS-SIRS
DESERT HIGHLAND-PAN'CS I PANIC WM- i to hladcrosn
Ln
V PALM S
INVITATION FOR BID
w FOR
.t- ALARM MONITORING&MAINTENANCE SERVICES
\_ FOR VARIOUS CITY OWNED FACILITIES(20-02)
C11,FOOL
ADDENDUM NO.3
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE
PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO
HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and Is hereby providing answers thereto:
Q 1: How much is the city currently paying for monthly burglary alarm maintenance?
How much Is the city currently paying for monthly fire alarm maintenance?
How much is the city currently paying for monthly burglary alarm monitoring?
How much is the city currently paying for monthly fire alarm monitoring?
Al: The City Is currently paying$15,642.72 annually for Maintenance and Monitoring which Is
Inclusive of all CPI adjustments from the original awarded contract amount In November 2014.
Attached to this addendum Is the breakdown In cost for monitoring and maintenance prior to any
CPI adjustments from the original contract.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement Specialist II
DATE: February 10,2020
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with
your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive.
46
EXHIBIT"C"
CONTRACTOR'S BID
,ATTACHMENT"A"
IFS 20-02TALARM MONITORING S MAINTENANCE SERVICES FOR VARIOUS'CRY OWNED FACILITIES
*NOTE, THISFORMMU T-BE COMPLETED AND INCLUDED WITH YOUR BID
SIGNATURE AUTHORIZATION
NAME OF COMPANY(BIDDER):.O'Linn Bxeeutive Secutit Service
BUSINESS ADDRESS: 200611 aticoy t., 205, inner a; 6X 91306
TELEPHONE: 760.883.0046 CELLPHONE: 818.535.494 FAX; 818.707.8693
CONTACT PERSON�a_r_r`U'Linn EMAILADDRESS: a unsecur y@ho mai .com
A. 1 hereby certify that 1 have the authority to submit this Bid to the City of Palm Springs for
the above listed individual or company. I certify that I have the authority to bled myself/this
company in a contract should I be successful in my Bid.
chard J. O'Llykn, President
E AND TITLE
Jan. 28. 2020
SIGNATURE AND DATE
B. The following information relates to the legal Bidder listed above.whether an Individual or
company.,Plans check marks as appropriate:
1. If successful,the contract language should refer to melmy company as:
—An individual;
_A partnership,Partners names:, CYLoi Cx we �oa�
A company;
=A corporation Ifa cbrporadon,organized In the state of. CA
My tax identification number is: 77-0203492
Please check below IF your firm qualifies as a Local Business as defined In the IFB:
i A Local Business(licensed within the jurisdiction of the Coachella Valley), Copy of current
business license Is required to be attached,to this document
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB Is required by including
the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your
bid being deemed non-responsive.
In the space provided below,please acknowledge receipt of each.
Addendum:Addendum(s)#_ 1 -3 Islare horebyacknowledged.
.LATE BIDS WILL NOT BE ACCEPTED-NO EXCEPTIONS[
19
47
@'LinnEXECUTIVE BECUI2ITY BEE
I B C 0 12 P 0 D A T 9 D
February 22,2020
City of Palm Springs
Office of Procurement and Contracting
3200 E.Tahqult2 Canyon Way
Palm Springs,CA92262
RE Imitation for Bid IFS 20-02
Provide Alarm Monitoring and Maintenance Services
for Various City Owned Facilities.
Dear Procurement and Contracting,
O'Unn Executive Security is pleased to provide this Bid for Alarm Monitoring and Maintenance Services
for Various City Owned Fadlities.
In accordance with the bid specifications,I am.requesting-preference as a:Local Business.Attached is a,
copy of my local Palm Springs business license.
I hope that my bid meets with your approval and that O'Um Executive Security may commence service
as peryourspec' W.
Respectf yyou ,
Richa O'Unn
CEO(O'Unn Executive Security
(818)707.4597
ollnnsecurity@hotmail.com.
"Protection Thru Prevention°Since 1980(888)OUNN4U(654-(5648)
M OLA002583 PA008219 602489
20061 Saticoy Strcct•Winnctka,California 91306 •m888.654.6648 Ym818.707.8693
027 S.Palm Canyon Drive•Palm Springs,CA 92264 • 3EL 888.654.6648 FAx 760.320.4743
48
m
a
` 1 CITE OF PA►LM1,NRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANY WAY,PALM SPRINGS,CA 92262(760)323-8289 3
ri ,PLEASE'NOTETHATITISYOUXRESPONSMILITYTOMMW ANDUPDATETHIS<UCEN.SEANNUALLY.
BtT3INESS NUMBERS 20017099 +rr; <T ' P7IE'IRATION' TA.VADM[N.FEE CERTNO 'F
BUSINES§TYPE ALARM INSTALL SVC REPAIR OI131i202F i , 21.00 64975
OWNERNAhi6: ' RICHARDJ O:L1NN OIf31/2021+; 133.00 64977 =
0I13112021' 4.00 64978
AusuwM TlVg SECUTIRY ALARM
BUSINESS ADDRESS 142I S PALM CANYON DR a
5 �r P+SI2d S�(fS to 922b4+rt, i.tS,S.�f�If�'��
OI�NERECUTP✓ESECI�TIRY,ALARM# tsstteNceos Tuts Lima noesxor errrtT> +
yy ' I CANYON F' -, _ s i7�iaeF,wseezporEanT$oR nernArn ;.{`
BOSI M IN YIOLAMON'60 MNY dMER LAM
':ORORDWANCE. TIDSISNOTANENDORSEI"T c ,'
AFTOEACfIV►TY,tiOR0g71tE'APPI.ICAN1'S .
4 `QAALtfICATI0N5.
" u ;4 f, `fi,1(IUSTB P45T DIl'j A'CONSPICUOUS PLAC9 u
IFB 2a-02
ATTACHMENT"B"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID
CITY OF PALM.SPRINOS,CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
Conflict of Inleres4 Bidder acknowledges that no officer or employee of the City has or shall have
any direct or Indirect financial Interest in this Agreement nor shall Bidder enter into any agreement of
any kind with,any,such officer or employee during the term of this Agreement and for one year
thereafter. Bidder warrants that Bidder 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.
Covenant Anainst Discrimination. In connection with Its performance under this Agreement,
Biddersha0 not discriminate against any employee or applicant for employment because of actuator
parcelved 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').Biddershall ensure that applicants are employed,and that employees are treated during their
employment,without regard to any prohibited basis.As a condition precedent toCity's lawful capacity
to enter this Agreement, and in executing this Agreement, Bidder certifies that Its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited
basis In any Bidder 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 Bidder
is in fug 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.
NAME OFBIDDERNENDOR: O'Linn Executive Security .Service
NAME and TITLE of Authorized Representative:
(Print) Richard J. O'Lion
Signature end D te:n-Authorize/dd RR'Je^/G/re tative:
.(Sign) ,o v (Date) JAN. 28, 2020
20
50
r.
ATTACHMENT'C'
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that NOT a natural person ofgroupof natural people that will be Identified on.the
applIcation, and seek a City approval determined by a vote of Cityofficials. Examples:include
corporations,limited liability companies,trusts,era that seek a City Council approval,or an approval'
by one of the Cfty's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency In municipal government
and assists public,officials In avoiding conflicts of Interest The Cfty+'s Public Integrity.Ordinance,
codified In Chapter 260 of the municipal code,reflects the City'sInterest In ensuring that companies
(and other legal entities that are not naturalpeopfe)doing business In the community are transparent
and make disclosure as to Their ownership and management and further that those companies
disclose the IdeMiy of any person,with an Interest worth two thousand dollars($2,000)or
more,who has material financial relationship with any elected or appointed voting City official,or
with the City Manager or City Attorney.
Noto: A material financial relationship /s a relationship-between. someone who (s an
ownedInvestor In the applicant entity and a voting official (or the CRY Manager or Chy
Attorney),which rule flonship Includes ant o/the following.
(1) the ownevinvesfor and the offlcialhave done business together dudng.the year prior to the
application.,
(2) the officierhas eamodinrome from the ownerfinvaslorduning the yearpriorto the filing of the
applicadon;
(3).the ownerlInvestorhas given the official gifts worth fifty dollars($50).or more during the year
pdorwthe filing ofthe application;or
(I) the official might reasonably:be anticipated to gain or lose money or a thing of value,based
upon the ownerRrwastols interest in the applicant entity; In relation to the application's
outcome:
When Must I File?
You must fie this form with the Office of.the City Clark atthe same time when you file your appl'xafion
fora City approval detemfined by a vote of City officials,whether elected or appointed.
What Must 1 Disclose?
A. The names of all natural persons who are officers,directors,members;managers,trustees,
and other fiduciaries serving trusts or other types of o ganhietlons•(attorneys,accountants,
eta).
21
51
,QarntNse
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
�44roaN��
1. Name of Entity
O'Linn Executive Security Service
2. Address of Entity(Principle Place of Business)
20061 Saticoy St., 0205, Winnetka, CA 91306
3. Local or California Address(if different than$2)
1027 So Palm Canyon Drive„ Palm Springs, CA 92264
4. State.where Entity is Registered:wlth Secretary of State
If otherthan California,Is the Entity also registered in CatiPomla7❑Yes ❑No
CALIFORNIA
5. Type of Entity
Q Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other.(please specify)
6. Officers,Directors,Members,Managers,Trustees,Other Fiduciaries(please.specify) Note.,If
any response Is not a natural person,please identify all officers,:directors,members,managers
and otherfiduelades for the member,manager,trust or other entity
Richard J. O'Linn -p officer❑Director []Member ❑Manager
[name] o
❑General Partner[-]Limited Partner []Other
❑Officer❑Director ❑Member ❑Manager
[name]
❑General Partner ❑Limited Partner []Other
❑Officer [I Director ❑Member ❑Manager
(name)
General Partner ❑Llmited Partner Cl Other
23
52
• T. Owrrerollnveators with a 5%banatclad Weraat In Ore Applicant Entity or a related entity
EXAMPLE
JANE'DOE 60%ABC COMPANY,Inc.
'[name of ownerdrrveatorl_ [percentage of beneficial interest In entity and.
na of
Richard J. O'Llan'T22 DILI..OH eleut3vr,
A.
[name of ownerdnvestor] Wamemage of benelkJat Interest In ontny and
name of entity]
B.
.[name of ownerMvestorl "montage of beneficial interest N anfily and
.name of ongtyl
C,
[nameoloomrAnvestor] [percentage of beneficial interest in enfity and
name of entity)
D.
[name of ownerMveslorl [percentage of beneficial Interest In entty and
twee of anlityl
H.
[name ot.ownemrnastarl- [percentage of beneficial Interest in a My and
nemeofentgyl` _
1 DECLARE UNDER PENALTY OF PERJURY UNDER7NE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING 18 TRUE AND CORRECT. _
Slgnahms of Dim icang Party,Printed.Nome,Tltle Data
R4ho OIL n,as Jan. 28. 2020
i t r 4
53
BID SCHEOULEIPBICWG PAGES QF1320,M
ALARM MONITORING 6 MAINTENANCE SERVICES FOR VARIOUS CRY OWNED FACILITIES
n � � dBAV F 8R� RY ae 4aRa AT4 0a P M i'!1 Ar�raF,
Bidders'signed bld and wrimn acceptance by the City ohaH conslitute an agreement and has hereby
agreed to all the terms and condNiom mt forth In all of the sheets whkh make up this Invitation.
Raagonding:to.an Invitation For Bidsto arovida alarm monitoring Bmalntenonce soM a for
varbw situ ovmad hsIllUas.theundsrslnmd blddor agrees to provide aervicas In eeeordanee wNh
Sha apgeHleeHo a herein. IIVVE propose and agree to provide alarm mpnftprine A r
aervIms for vadow situ owned feellNUea as deaeribed herein and accept as full payment the
following amount:
FACILITIES MONTHLY MONTHLY
MAINTENANCE! STATION TOTAL COST PER MONTH
NRPORT•1150 TESTING MONITORING
. wry
AIRPORT-CUSTOMS \ s a 5
ANGESTADIUM I 5 cam.
ANIMAL SHELTER. = • S
TWISTO PARIONG STRUCTURE 5 16,015S
BElARDOD70WNTOWN) GARAGE q At,95
BO)UNG CLUB CODLING CENTER) 5 'akck5
CITY HALL - S
CRYTVdLPANICS . 5 �A.
CITY YARD IC,.S
CITY YARD-PANICS l 5 R
CITYYARD-FLEETOPERATIONS S
CITY YARD-FLEET OPERATIONS-PANICS
CO GENERATIONMUNI 5 vw95 =LX AS
CO GENERATION SUNRISE .5- 1 . S _
CONVENTION CENTER 6 S a-VAS
COUNTY FIRE STATION
OLD NPS FIRE STATION 169s. a\,
DEMUTH COMMUNITY CENTER b h5 "Ak cm
DEMUTH COMMUNITY CENTER.PANICS c�
DEMUTH FIELD 1 Z
. DEMUTH FIELD 7&8 CONCESSION a
DESERTARTCENIER Z
DESERT HIGHLAND CM 5
DESERTHIGHLANDCTRGYM - - 21
DESERT HIGHLAND CENTER LIBRARY 5lkaas A
DESERT HIGHLAND•PANICS
EDOMMILL 5• _
FIRESfATiON{Y 5 lGAS n1,95
FIRETRAINING 5 Mots
HOUSEHOLD HAZARDOUS WASTE 5 4 -.-CIA
26
54
LEISURE CENTER Ak S 'S S
LHSURECENTER dt -1 JG
PAVIWON R
MAN USRARY
MAN LIBRARY CENTER a s $ s.
PALMCANYONTHEATER S yr Z
PLVATHEATER - Ln. r Ik 'b -
POLICE DEPARTMENT
POLICE SWDFR SkWO( AS I
POLLCESuBBTAlwri +y. ,4 \ S
3UNPoSEPLVAMMCTR y 5
TAQL41Z CREEK:MAINfaMCE {� p 8-9p \.
TAQUITZ CREEK PRO SHOPCART sp
TAQUNZ GOLF CLUBHOUSE
TRADMONS RESTAURANT - --; . S { "+1 \. S
VILLAGE GREEN It
WHITE HOUSE -v- lk
VILLAGE GREEN- -
MCCAULUMADOBEMUSEUM 'A 'RVILLG
AOUA6GRFEN-
IWENTE MUSEUM ?1K S Is, kttC•1S \95
MONTHLYGRMTGTAL:. S3,b0
MOONML�YCOS(T�XX12•TCITAL COS TFORALL BITES AND SYSTEMS$
=�4RlLr.Q�iao�.TC A..,cE +
_._, _ WHsen
Normal Response,Regular Business Hours,Hourly Labor Rate:
,(For work atwve bass contract as per Compensation,Item 4 pg 17)=.$ 50 /hour.
Emergency Response„Weekends&Holidays,Hourly Labor Rate
(Forwcrk eboirwbase contract as per Compensation,Item 4 pg 17)=S \�S A+our.
CPI INCREASE:it is understood and agreed thatithis Bid may not be Withdrawn until ninety(90)days from
the date of the..opening thereof.and at no Ume after award of Bid. Prices 10 remain firm for Initial contract
Period of(3)three years; and two(1)one year renewal options upon mutual consent of the City and the
Contractor. The unit prices shah be adjusted(decreased or increased)at the beginning of any such ronewal
period to correspond with the most recent annual change to the.Consumer Price Index for All Urban
Consumers as published by the U.S.Bureau of Labor Statistics for the Les Angeles,Anaheim and Riverside
Areas.
Conv 9120/1 /01 business license In remlrnd to he attached to this document
(Signatures): -
Name of firm submitting bl 6144 �yran�re-S�sr2�-T-r /�
Authorized sign u P�ptRd nameltide 2Id%lk a-$�' L,a.a_h'¢sS3;
27
55
CITY OF PALM SPRINGS,CALIFORNIA
IFB 20-02 ALARM MONITORING&MAINTENANCE SERVICES
BID BOND FORM
KNOW ALL MEN�BY THESE PRESENTS,
That 0,1—,NJ as Principal,and
Nos bPP�-�caei5 as Surety, are held and contractually
bound unto The City of Palm Springs,hereinafter called the'City In the sum of:
dollars
(not less than 10 percent of the total amount of the bid)
for M payment of which sum, well and truly to be made, we bind ourselves, our helm, executors,
administrators,successom,and assigns,jointly and severally,contractually by these presents.
WHEREAS; said Principal has submitted a bid to said City to perform the Work required under the
bidding schedule of the.City's Contract Documents entitled:
ALARM:MONITORING&MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES.
NOW:THEREFORE,d said Principal is awarded a contract by said City,and,within the time and in the
manner required in the 'Notice Inviting Bids' and the 'Instructions to Bidders' enters Into a written
Agreement on the form of agreement bound with said Contract Documents, furnishes the required
Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this
obligation shag be nug and void, otherwise It shall remain in full force and effect. In the event suit Is
brought upon this bond by said City and City prevails,said Surety shall pay all costs incurred by said City
in such suit,Including a reasonable attorney's tee to be fixed by the court.
SIGNED AND SEALED,this day of 20
(SEAL)
(SEAL)
(SEAL)
(Principal)
(SEAL)
(Surety)
By.
attire)
(SEAL AND NOTARIAL By:
ACKNOWLEDGMENT OF SUR (Signature)
RPdnd:111111832
rmew.r
56
Certificate of Acknowledgement
Bid Principal
A notary public or other officer completing this carts icate verifies only the Identity of the Individual who
signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of
that document
State of California )
County of a {�VVVI
On 9-:1- 11)1) beforemeArAt aaegkANpersonally appeared; -UM,who
proved to me on the basis of satisfactory evidence to be the-person(al whose name( Isfare subscribed to
the within instrument and acknowledged to me that he/cbaAhey executed the same in histhaMhow
authorized capacity i(oe),and thatby hislinsfAheir signature an the Instrument the person;or the.entity
upon behalf of which the peman$s cted,executed the insGumenL
I certify under.PENALTY OF PERJURY under the laws of.the State of California that the foregoing
paragraph Is We and correct.
ruatestrE"
WITNES/l Is]6 �y
arCmmtegie Nq].aRO _
Signature rsaan
OPTIONALINFORMATION INSTRUCTIONS
The wording ofa0 Certificates of AOnowfadgemenf completedin California after
January 1,1015must We the form required by C8196WD W Cade Section
DESCRIPTION OF THE ATTACHED 1189.
DOCUMENT ' ' -
• State and county Information must be the slate and county where the
document signers)personally appeared before the notary public.
(rdearaeeulpaondrro amrnea aw,nenq • The ceaifinle must be filled comptetely out at the time the notary.
pubhe's signature and seal are affixed to the document
(nleadwnpeon olatUMed doammomanue0 • An acknowledgment cannot be affixed to a document unless the signer
personally appeared before the notary public.
• Data Is fhe data the signer(s)personally appeared.
Number of Pages_Document Date_ • Print the name(s)ofthe documentsigner(s)who personally appear at
the 6me o1 notarization.
• Signature of the notary public must match 0e signature on file with the.
Additional information office of 0e county clerk.
• The notary seal impression must be dear and photographically
reproducmle.Impression must not cover text or lines.If seal impression
smudges,reseal it a sufficient area permits,olheredse complete a
diterant)urel form.
• Additional information Is riot required.
• Securely atadh this document to the signed documenlwith a staple.
• 'Duly authorized person'with respect to a domestic or foreign
corporation Includes the president,vice president;secretary,and
assistance secretary of the corporation.
Aaaowstoc tear o as rnt¢vAt
IFe Na p-0]9
CovNa Trsa4 Caner Fua Alvin M•In•nv,NengoNg eeMce,
57
"EXWIRIT A^
REFERENCES
The City Is seeking a qualified eontradtor.xfio has the experience and capability to deliver the asphalt
sealant as per the speclflcetlons contained herein. Aminimum of three(3)references shall be submitted
below with the bid, Including contact name and phone number,for projects of a sfmiiar scope to this
Invitation for Bids.
1) Name of contractor or agency:_ S0.,wr:�^�i�¢aa�.
Confect Person: -NAci2vayofs gcifas- phone# '11.0-31'3-.31;(di
Brief descripNon.oipJro ed:
2) Named contractor or agency: 7= th&A G,a 44CLp Qmos=
Contact Person: t��.a�—,C-t3e,.3 Phone#-�x -�>%�,
Brief description of proJecb
w S IW-,
Ours„ 'Swcrawc .� tea...-��T.,-w_.1 r Meu.-re e
3) Name of contractor or agency:__ 6s c, wflo pl. Clla
Contact Person; T4c -Phone# 'lbo-
Brief description of. roJack
Flow��vn.
28
58
"EXHIBIT B"
CITY OF PALM SPRINGS,CALIFORNIA INVITATION FOR BIDS NO.2M2
ALARM MONITORING&MAINTENANCE SERVICES FOR VARIOUS.CITY OWNED FACILITIES
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED
AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) SS'
COUNTY.OF RIVERSIDE )
The undersigned,being first duly swom,.deposeg and says that he or she is t1'l�,no+r
of CPL,.1a�,eweIrs Sd„m... S..N, , the,parry making the foregoing bid. That the bid is not
made in the Interests.of,or on the behalf of,any undisclosed person, Partnership Company,association,
.organization,or corporation: that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not
directly or.indlrecty colluded, conspired,connived,or agreed with any bidder or anyone else.to put in a
sham bid,or that anyone shall refrain from bidding; that the bidder has not In any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or ofthat of any
otherbidder,orto secure any advantage against the public body awarding the contract of anyone Interested
In the proposed contract;that all statements.contained In the bid are true;and,further,that the bidder has
not,directly or Indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,
or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation,
partnership,company,association,organization,bid depository,or any other member or agent thereof to
effectuate a collusive orslwim bid.
B . Title tl > '%'P"j
Subscribed and sworn to before me this day of .2C_
Notary Publig.i nd for said
Coun Stale
FIDAVLFiiM n1� �
Ra9edd;113i11929
7N669.1
59
CAUFORNIAJURAT
(CALIFORNIA GOVERNMENT CODE§8202)'
A notary publicor other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached,and not the truthfulness,
accuracy,or validity of that document..
STATE OF CALIFORNIA
COUNTY OF Los Angeles
Subscribed and sworn to(or affirmed)before mean this 7 day of February ,2D 20
by Richard J 01inn proved to me on the basis of
(Name ofSigner(s))
satisfactory evidence to be the person who appeared before me.
eaacrurn
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o.ecvmuuoo
Eycoe+tQaa,vlioa�
vgwiumojNotor-yfW k (Notary sail
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages:__ Signer(s)other Than,Named Above:
Additional Information:
melana,Moljal/lOtS
60
CONTRACTORS STATE:UCENSE BOARD
OContractor's License':Detail for License#602489
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California Contractors License Bond
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BUREAU OF SECURITY AND INVESTIGATIVE ISSUANCE DATE
ATRIL 1 198E
SERVICES
LICENSING DETAILS FOR:2583 EXPIRATION DATE
APRIL I
NAMES O'UNN EXECUTIVE SECURITY SER INC PR 30,2021
LICENSE TYRE:ALARM COMPANY OPERATOR CURRENT DATE I TIME
PRIMARY STATUAS CURRENT JANUARY28 2020
ADDRESS OF RECORD 16-0:b0 PM
20U61 SATICOY ST STE 206
WINNETKA CA 91306.2697
LOSANGELESCOUNTY
LICENSE RELATIONSHIPS
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ouYnwrnmwameourWe _ l�o. .-aa �L,a t (916)322-4000
ALARM COMP11 ' IED MANAGER
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Recelpt No,.3178 ,. 'Issue Date:0212511987'.
RICHARD JAMBS O'LINN II r,
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SERVICES JUNE7,2011
LICENSING DETAILS FOR:96867 EXPIRATION DATE
NAME:YOUNG.LAWRENCE R JUNE 30,2021
LICENSE TITM ALARM COMPANY,EMPLOYEE CURRENT DATE I TIME
PANIAAY STATUSI CURRENT
ADDMESS NOT DISCLOSED JANUA 4Y 2B,2020
440:53 PM
LICENSE RELATIONSHIPS
BRANCH MANAGER TO ACB
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Regt3fra8ort No.`ACB5923 Issue Date 02/18f2020
4eild Unhl.'02128J2022 *,�.
O'LINWEXECUTIVE SECURITY SER'INC
1027 S PALM;CANYON DR
PALM SPRINGS:CA 92264-8378
,The above re licensed as a with the State of Carl
Bureau of Secudty and invesligativA Services. 4�
This oedifies thatthe business named above is registered to operate at this locatldn In eaordanca with the --
provisions of Chapter 11.6 of DNislon 3 of the Business and Pmfesslons Code.
Qual-Nng CompahY. Lidertse Number
O'LINN EXECUTIVE SECURITY SER INC ACO2583
67
BIDDER'S GENERAL INFORMATION
ALARM MONITORING 8 MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES
IFB 20-02
The Bidder shall furnish the following Information. Failure to complete all Items will cause the Bid to be
non-responsive and may cause Its rejection.
1. BIDDERICONTRACTOR'S Name and Street Address:
O'Linn Executive Security Service Inc.
1027 S. Palm Canyon Dr.,
Palm Springs, CA 92264
2. CONTRACTOR'S Telephone Number. ( 760.) 883.0046
Facsimile Number.. (818 p 707-8693
3. .CONTRACTOR'S License: Primary Classification LA2583
State License Numbers) 60248%
Supplemental License Classificalions. . Alarm Operator, C-10
4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety )AC, apo""( , Er
Address
Surety Company
Telephone Numbers: Agent( ) Surettyl( )
5. Type of Contractor(Individual,Partnership orCorpom0on): Coaooan 10
6. Corporation organized under the laws of the State of: C.k-wc Jl n
rwessa NOW:113111830
68
7. Lisf--the names and addresses of the principal members of the contractor or names and titles of the
principal officers of the corporation or contractor.-
,?,C%A AOs,
a. Number of years'experienceas a contractor In this specific type of work: 3O}
9. List the name and tide of the person who wN supervise full-time the proposed work for this project:
Q1 ..m 0'L,wA
10. Is full-lime supervisor an employee-K-contract service_?
11. A financial statement or other Information and references sufficiently comprehensive to perk an
appraisal of your current financial condition maybe required by the City. *WAIVED*
a"aed:1nt/1831
naedva h
d
69
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code,which require every employer to be
Insured against liability for worker's compensation, or to undertake self-insurance in accordance with the
provisions of sold Code,and'I will comply with such provisions before commencing the performance of the
Work of this ConbacL
Contractor O'LSnn ExxeeJcnu/Five Securltv Service
By /
Tige President
Ruylwit 1131/1833
�mswa
70
���11111
EXECUTIVE SECURITY SERVICE
I NCO 2DO RATED
February 27,2020
Leigh GilenD
Procurement Specialist 11
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
RE:Alarm Monitoimg&Maintenance Services for Various City Owned Facilities(20A2):
Dear Leigh,
In confirmation of our telephone discussion of earlicr today,O'Linn Executive Security is confirming
our line item quotation of S21.95 per month,Monitoring and Maintenance,for the Various City awned
facilities alarm systems.This totals an annual cost of$1264320.
As regards the maintenance of the systems,O'Linn is aware that some of the facilities have more devices
than others and,as such,wi11 require more testing.We are prepared to perform the required tasks as
quoted.
��Sincere
it chard
O'Llnn
CEO I O'Linn ExecuBve Security
(818)707.4597
olinnsecurity@holmail.com
"Protection Thru Prevention"Since 1980(B88)OLINN4U(654.6648)
UC.B1A0029k3 PA0a82t9602489
20061 Salirny Street•Winnclka,California 91306 •ma.888.654.6648 rex Of 9.707.8693
1027 S.Palm Canyon Drive•Palm Springs,CA 92264 • rrs.888.654.6648 PAx 760320.4743
' 71
EXHIBIT"D"
SCHEDULE OF COMPENSATION
1. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with
the specifications and will accept as full payment therefore the amounts indicated on the Pricing
Sheet attached hereto.
a. For all monitoring services which the Contractor is obligated to perform the City shall pay to
the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice
shall be submitted itemizing each location monitored as provided in the Pricing/Bid Schedule.
Annual Systems testing may be scheduled and staggered with approval by the Contract
Administrator. For any testing services performed in a month, the cost as per the Pricing/Bid
Schedule may be included on the following month's invoice AFTER the testing has been
performed and the NFPA-72 completed form per site submitted and approved by the Contract
Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE
UNDER ANY CIRCUMSTANCE.
b. Payments shall be made upon submittal of a detailed monthly statement to the Contract
Administrator. Invoices should be submitted within two weeks following the end of a billing
period defined as a calendar month.
c. Contractor shall maintain and keep current a daily report form that records all work performed
by Contractor's personnel. Said report shall be in a form and content acceptable to the
Contract Administrator and shall be submitted to the Contract Administrator concurrent with
the monthly invoicing.The monthly payment will not be made until such report is received and
deemed acceptable by the Contract Administrator.
2. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option
of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by
reasons of such additions or deletions by the City. The amount of additional (or reduced)
compensation paid to the Contractor for additional (or removed) systems shall be determined as
follows:
a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or
b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the
Contractor of the materials and labor required and approved by the City for such extra work,
plus ten percent(10%)as compensation for all other items or profit and costs or expenses.
3. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will invoice the City
separately from the monthly or quarterly maintenancelmonitoring charge for any labor, parts,
materials and components used in the course of the Agreement that are above the base contract.
The Contractor shall invoice the City at the contractor's cost for all parts and components(including
smoke detectors) used in the course of the contract that are above the base contract, and at the
Hourly Labor Rate as provided in the Bid Schedule.These shall be processed by separately issued
Purchase Orders by the City to the Contractor.All system repair services must be approved by the
City's Contract Administrator in writing in advance of the work being performed. Contract
Administrator must approve the cost of repairs in advance and no changes shall be made without
approval from the Contract Administrator. All materials and each part of detail of the work shall be
subject to inspection by the Contract Administrator.The Contract Administrator or their designee shall
be allowed to inspect all parts of the work and shall be furnished with such information and assistance
by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written
72
6
approval to make repairs or allow inspections by the City's Contract administrator shall result in
rejection of invoices and non-payment for unauthorized repairs.
MONTHLY MONTHLY
FACILITIES MAINTENANCEI STATION TOTALCOST PER MONTH
TESTING MONITORING
AIRPORT-USO 55.00 $16.95 $21.95
AIRPORT-CUSTOMS $5.00 $16.95 $21.95
-ANGEL-STADIUM $5.00 $16.95 $21.95
ANIMAL SHELTER $5.00 $16.95 $21.95
BARISTO PARKING STRUCTURE $5.00 $16.95 $21.95
BELARDO(DOWNTOWN) GARAGE 55.00 $16.95 $21.95
BOXING CLUB(COOLING CENTER) $5.00 $16.95 $21.95
CITY HALL $5.00 $16.95 $21.95
CITYHALL-PANICS $5.00 $16.95 $21.95
CITY YARD $5.00 $16.95 $21.95
CITY YARD-PANICS $5.00 $16.95 $21.95
CITY YARD-FLEET OPERATIONS $5.00 $16.95 $21.95
CITY YARD-FLEET OPERATIONS-PANICS $5.00 $16.95 $21.95
CO GENERATION MUNI $5.00 $16.95 $21.95
CO GENERATION SUNRISE $5.00 $16.95 $21.95
CONVENTION CENTER $5.00 $16.95 $21.95
COUNTY FIRE STATION $5.00 $16.95 $21.95
OLD NPS FIRE STATION
DEMUTH COMMUNITY CENTER $5.00 $16.95 $21.95
DEMUTH COMMUNITY CENTER-PANICS $5.00 $16.95 $21.95
DEMUTH FIELD 1 $5.00 $16.95 $21.95
DEMUTH FIELD 7&8 CONCESSION $5.00 $16.95 $21:95
DESERT ART CENTER $5.00 $16.95 $21.95
DESERT HIGHLAND CTR $5.00 $16.95 $21.95
DESERT HIGHLAND CTR GYM $5.00 $16.95 $21.95
DESERT HIGHLAND CENTER LIBRARY $5.00 $16.95 $21.95
DESERT HIGHLAND-PANICS $5.00 $16.95 $21.95
EDOM HILL $5.00 $16.95 $21.95
FIRE STATION#4 $5.00 $16.95 $21.95
FIRE TRAINING $5.00 $16.95 $21.95
HOUSEHOLD HAZARDOUS WASTE $5.00 $16.95 $21.95
LEISURE CENTER $5.00 $16.95 $21.95
LEISURE CENTER $5.00 $16.95 $21.95
PAVILLION $5.00 $16.95 $21.95
MAIN LIBRARY $5.00 $16.95 $21.95
MAIN LIBRARY CENTER $5.00 $16.95 $21.95
PALM CANYON THEATER $5.00 $16.95 $21.95
PLAZA THEATER $5.00 $16.95 $21.95
POLICE DEPARTMENT $5.00 1 $16.95 $21.95
73
POLICE SPIDER SHACK S5.00 $16.95 $21.95
POLICE SUBSTATION $5.00 $16.95 $21.95
SUNRISE PLAZA SWIM CTR $5.00 $16.95 $21.95
TAQUITZCREEK MAINTENANCE $5.00 $16.95 $21.95
TAQUITZ CREEK PRO SHOPICART $5.00 $16.95 $21.95
TAQUITZ GOLF CLUBHOUSE $5.00 $16.95 $21.95
TRADITIONS RESTAURANT $5.00 $16.95 $21.95
VILLAGE GREEN- S5.00 $16.95 $21.95
CORNELIA WHITE HOUSE
VILLAGE GREEN- $5.00 $16.95 $21.95
MCCALLUM ADOBE MUSEUM
VILLGEGREEN- $5.00 516,95 $21.95
AGUA CALIENTE MUSEUM
MONTHLY GRAND TOTAL: $1053.60
MONTHLY COST X 12=TOTAL ANNUAL COST FOR ALL SITES AND SYSTEMS$ 12,643.20
Twelve Thousand Six Hundred Forty Three dollars and Twenty Cents
Written in words
Normal Response, Regular Business Hours, Hourly Labor Rate:
(For work above base contract as per Compensation, Item 4 pg 17)=$ 50.00 /hour.
Emergency Response, Weekends&Holidays, Hourly Labor Rate
(For work above base contract as per Compensation, Item 4 pg 17)=$ 115.00 /hour.
CPI INCREASE: It is understood and agreed that this Bid may not be withdrawn until ninety(90)days from
the date of the opening thereof, and at no time after award of Bid. Prices to remain firm for initial contract
period of(3) three years; and two (1) one year renewal options upon mutual consent of the City and the
Contractor. The unit prices shall be adjusted(decreased or increased)at the beginning of any such renewal
period to correspond with the most recent annual change to the Consumer Price Index for All Urban
Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles,Anaheim and Riverside
Areas.
74
EXHIBIT"E"
SCHEDULE OF PERFORMANCE
1. TESTING.All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations.
The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying
that the required tests were performed,with his/her monthly statement.The Contractor may,with the
City's approval, stagger the testing of systems so all systems are not being tested at the same time.
The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm
Test Log. Testing includes Communication and all devices, including, but not limited to Strobes,
Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and
procedures are to be followed.
Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72
requirements is NOT part of the scope of work of this contract and these tests will be performed by
others. For any system where a proprietary manufacturer requires their assistance and cooperation
with the Contractor for the testing of their equipment,the City shall pay the proprietary manufacturer
directly for their services.
2. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any
needed parts or materials.
3. STATION MONITORING.The Contractor shall begin monitoring of all specified systems at the start
of the Agreement. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441
when any alarm, either fire or security, Is activated. Contractor must identify to the police dispatch
which facility/location and the type of alarm that has been activated,fire or security,so that our public
safety units respond appropriately. False alarms that are verified by the contractor are not to be
reported to police dispatch,
4. RESPONSE TIME
a. Trouble & Reset" Calls shall be defined as those calls requiring investigation and reset of a
malfunction within the system.The Contractor shall respond to all trouble and reset calls within
on (1) hour.
b. Respond shall be defined as making direct contract with the Contract Administrator or
designee, and if required by Contract Administrator or designee, Contractor shall dispatch a
technician to the site.
c. Major Repairs shall be defined as repairs requiring the replacement of system components.
The Contractor shall respond to major repair calls within twenty-four(24)hours.
d. The Contractor shall supply and put in place 'like" substitute equipment if and when the
existing equipment cannot be repaired within twenty-four(24)hours.
e.
5. LIQUIDATED DAMAGES: Liquidated Damages do not apply to this Contract.
75