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Home My WebLink AboutA7224 - SOUTHWEST PROTECTIVE SERVICESCONTRACT SERVICES AGREEMENT PROVIDE UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR ANNUAL PALM SPRINGS EVENTS THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on 0(Jq9YAX yb , 2018, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and Southwest Protective Services, Inc, a California Corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for un-armed uniformed security guard services for various City sponsored events project ("Project"). B. Contractor has submitted to City a proposal to provide un-armed uniformed security guard services for various City sponsored events 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 for one (1) year under the City Managers authority. Any subsequent years to be approved by the City Council. 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 Proposals; and, (4) the Contractor's signed, original proposal submitted to the (Ility ("Contractor's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", 720669 I ' ORIGINAL BID and/or AGREEMENT respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal 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 detennined in the following order of priority: (1®*) the provisions of the Scope of Services (Exhibit "A"); (2"'') the provisions of the City's Request for Proposal (Exhibit "B"); (S^'') the terms of this Agreement; and, (4"^) the provisions of the Contractor's Proposal (Exhibit "C"). 1.3 Compliance with Lavy. 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 by law. 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 2 Revised: 1/31/18 720669 1 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 (i) 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 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 Seventeen Thousand One Hundred Seventy Five Dollars and Fifty Cents, ($17,175.50) ("Maximum Contract Amount"), for a one (1) year term except as may be provided under Section 1.8. 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 specified 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 3 Revised: 1/31/18 720669 I 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 Changes 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. 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 under this 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 delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and 4 Revised: 1/31/18 720669 1 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 one (1) year 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 and approved by the City Council. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole 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 respect to the Services to be performed under this Agreement: Jason Jackson, President & CEO. 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 5 Revised: 1/31/18 720669.1 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 unapprovcd 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 fi xed 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 any joint enterprise with Contractor. 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 5 Revised: 1/31/18 720669 1 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. (WAIVED) Contractor shall obtain and maintain in full force and effect throughout the term of this Agrocmcnt, 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. (4^—Contractor shall cither: (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. (2)—In the event the policy of insurance is written on an "occurrence" n Revised: 1/31/18 720669.1 basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of tho Soniccs provided for in this Agrocmont, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensuro coverage during the entire course of performing tho 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 Liabilitv 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 force 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 Liabilitv 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 his/her 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: g Revised: 1/31/18 720669 I 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. 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 Revised: 1/31/18 720669.1 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. 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 Vll, 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 in Revised: 1/31/18 720669.1 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..." ("aj 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 documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 1 1 Revised: 1/31/18 720669.1 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, 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 Contractor's 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. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 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. (WAlVED)4f the Agroomcnt is detorminod to bo a "design contract ser\uces agrcomont" and Contractor is a "design contract" under Califomia Civil Code Section 2782.8, then: A: To the fullest extent permitted by law. Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, cmployoos, agents and volunteers and all other public agencies whoso 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. & 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 ]2 Revised: 1/31/18 720669.1 forth in this Agrooment, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and 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. 13 Revised: 1/31/18 720669.1 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 Contractor's performance under this Agreement, Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 Caiifornia Law and Venue. This Agreement shall be construed and interpreted both as to 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 Califomia, 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, Califomia Civil Code Section 1654) that ambiguities are to be constmed 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 14 Revised: 1/31/18 720669.1 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 Contractor's 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 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 Attornev 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. ]5 Revised: 1/31/18 720669.1 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 lO.I Patent and Copvright 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: 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 1 f. Revised: 1/31/18 720669 I 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 Citv: 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: Southwest Protective Services, Inc. Attention: Jason Jackson PO Box 2915 El Centro, CA 92244 Telephone: (760) 970-4500 Facsimile: (760) 970-4510 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties 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. \n Revised: 1/31/18 720669.1 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 for which 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. I g Revised: 1/31/18 720669.1 below. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated Date: "CITY" City of Palm Springs vid H. Ready, PhD City Manager APPROVED AS TO FORM:ATTEST Edward Z. Kotkin tCity Attorney APPROVED BY CITY COUNCIL: Agreement No.Date; mthony Mej City Clerk APPROVED BY CRY MANAGER 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: ^ oo Check one Individual Partnership_^^Corporation ^ S^A.TS: C Address . Ca4.. 9zZ^ / Sigpature (Notanzda) By. Signature (Notarized) 720669.1 19 Revised: 1/31/18 CAUFORNU ALL-PURPOSC ACKNOWLEOGMOfT Civn. CODE § 1180 H,I.)-rararti ifarh qi 'ii.ini' irf h'TtiV«<'»n«'»fifi.-n rii ."ait ra i-a i-a taci A notary pubiB or ottw offtcv oompltclng tfua oortftcm* v«tf«o only ifi« aten&ty of th« ntwdual who Dgrtad itw docuRWR towhichihisowlificsto is BHtichwi. and not tte truiMutnna. aocurac]^ or vshfiy of ttat docwnant Stat»af( ^ County of . AtsglgL L .A^oilat^ KloVar^^^^^'On (g,2Z)te, . before me. Icn5eri^ L .ngot Otate Hem tnagft Name andTWo of the OfBoer personsny appeared Jason Msme^ o/Sqgnsrfbj wtio proved to me on tfie basis of sa&sfactory evidonce to be the person^ whose namefslt^^''^ mtffitaibed to tfie witfiin instiument and adaMrad^dged to me th8t(wjplie^Siey executed the same in (niayieBAheaaulfiorizedcapac%Obtji. and tfiatbi(iTO^'/tfieirsignaturit^on the instrument ttieperaon(a^ or the entity upon behalf of wfuch tfie personMUai^^ executed die tnebumsnt GISELELAGUILAR Commission No. 2247460 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY Uy Comm. Eiptros JUNE 23. 2022 I certify under P0IALTY OF PBUURY uiderdie laws of tfie State of Gafifamia diat tfie foregoing paragraph is true and correct WfTNESS my fiand and officiaJ see). Signature Piace Notary Saal Above OPTIOHAL Though this aachon ia optional, oompiotng this information can deter aSanxtJon of the doeumenf or traudulant mattachmant of thia form to an unintandad document Deacrtpboo of Attaehed Oopument i Title or Type of Dneunia«t:Q<yttY"C\^ f"£W\C^s\ VVjifrV'imglfiiSaimertt Dote; NumtMr of Pagea.^ '3 8ign«r(8) Otfior Tfion Named Atiove: ^-.SanvSigner's Name: -. . - _ - r^jCamntnte Offiear — TtMatel: C. □ Partner— GLimited GQenerol G Inrfividua) G Attorney in Fact G Trustee G Quanfian or Conservator □ Other Signer Is Representing: Signer's Name: G Corporate CfHoer — Title(B): □ Partner— GLimited GOeneral G Inc&yidual G Attorney in Fact □ Trustee G Quordlvi or Conservator □ Other Signer b Representing: 02014 National Notary Aasocialtion • www.NalionaJNotary.org • 1-BOO-US NOfTARY (1-00O-87B-6827) Rem #5907 Page 20 of 53 EXHIBIT "A" SCOPE OF SERVICES SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: Generally, the scope of work will consist of, but is not limited to, contractor providing all supervision, uniforms, supplies, materials, equipment, and transportation necessary to provide un-armed uniformed security guard and patrol services for various City sponsored events located in the City of Palm Springs as specified herein. The security guards will patrol the event/ location both in a motorized or non-motorized form of transportation and on foot to inspect all parts of the facilities/locations for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property. The Event Security Guards will be required to have a valid State of California, Bureau of Security and Investigative Services Department, Security Guard license. The Security Services Company shall insure that background screenings have been performed and completed on all personnel provided. The Event Security Staff will be responsible for crowd management and security services to include, but not limited to the following: Line control/access control/crowd control Crowd monitoring Parade vehicles, floats, participants and pedestrian traffic flow Valid identification checking for alcohol containment Access control and monitoring of traffic barricades The Event Security needs will be determined by City per event and the event security staffing levels are subject to change throughout the length of the agreement. General expectations: • All Event Security Staff shall be trained specifically for "event security" postings, duties and interactions. • All Event Security staff shall be in a uniform shirt (and hats if applicable) easily identifiable to the City Staff and event participants. All uniforms must be clean and neat in appearance. • Event Security staff shall be trained in and are expected to provide the highest levels of customer service, professionalism and courtesy, during all interactions while on duty or on premises. • Event Security staff are not allowed to eat, drink products other than needed for hydration, use tobacco products, use personal cell phones, accept gratuities, use foul language, consume alcoholic beverages or act in an unprofessional manner. Event Security company will be responsible for providing the following equipment and/or amenities: Any form motorized or non-motorized transportation required, i.e. bikes, golf carts Transportation to and from the event/parade route and grounds Reflective safety vests for all Event Security working posts with or near vehicular traffic Radios and any other forms of communication Flashlights Uniformed Security T-Shirts for their security staff Handheld counters Water Bottles/disposable gloves/PPE requirements Supervisors will be required to attend scheduled planning meetings prior to and at the conclusion of the events, as requested by City Staff. The City has the right to assign and/or re-assign specific positions as Page 21 of 53 needed. Event Security Supervisors will be responsible for maintain communication with their security staff through the set-up, event and conclusion of the event. An Event Supervisor will be stationed inside the City's "Command Post" throughout the event and should be equipped with a radio and cell phone. Event Security DAR's will be submitted to City staff at the conclusion of the each shift. SCHEDULED PARADE EVENTS: Veterans Dav Parade (November 11 each year): Hours: 1:00PM-6:00PM Security Guards: 14 Supervisors: I PRIDE Parade (First Sunday of a full November weekend): Hours: 6:00AM-1:30PM Security Guards: 42 Supervisors: 2 Festival of Lights Parade (First Saturday of December): Hours: 1:00PM-9:00PM Security Guards: 26 Supervisors: 1 Page 22 of 53 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, OA REQUEST FOR PROPOSALS (RFP) #06-19 PROVIDE UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR PALM SPRINGS EVENTS Requests for Proposals (RFP #06-19), for Un-armed Uniformed Security Guard Services for various City sponsored events for the City of Palm Springs, CA, (hereinafter the "Project") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs. California, until 3:00 P.M. LOCAL TIME, TUESDAY, SEPTEMBER 18, 2018. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We stronqlv advise that interested firms officially be placed on the proposers list per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to provide the City with supervision, uniforms, supplies, equipment, materials, and transportation necessary to provide un-armed uniformed security guard services for various city facilities and locations within the City of Palm Springs (hereinafter the "Project"). The selected firm will be expected to provide the required services for various City facilities and locations pursuant to the scope of services as defined herein. SCHEDULE: Notice requesting Proposals posted and issued August 15, 2018 Deadline for receipt of Questions Thursday, September 6, 2018, 3:00 P.M. Deadiine for receipt of Proposals Tuesday, September 18, 2018, 3:00 P.M. Short List I Interviews/, *if desired by City to be determined Contract awarded by City Council to be determined NOTE: *Dates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, inciuding Addenda acknowledgment. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and included with Technical Proposal envelope. ATTACHMENT "C" - Cost Proposal Form. *Must be completed and included in a separately sealed envelope - do NOT include this with your Technicai Proposal. ATTACHMENT "D" - City Map for Un-armed Guard Patrol/ Service. ATTACHMENT "E" - Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: The City of Palm Springs is requesting Un-armed Uniformed Security Guard Services to be provided at the following City sponsored events: Veterans Day Parade, Pride Parade and Festival of lights Parade as well as any other City Sponsored events deemed necessary by the Contract Administrator during the term of the contract. Page 23 of 53 3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS: Generally, the scope of work will consist of, but is not limited to, contractor providing all supervision, uniforms, supplies, materials, equipment, and transportation necessary to provide un-armed uniformed security guard and patrol services for various City sponsored events located in the City of Palm Springs as specified herein. The security guards will patrol the event/ location both in a motorized or non-motorized form of transportation and on foot to inspect all parts of the facilities/locations for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property. The Event Security Guards will be required to have a valid State of California, Bureau of Security and Investigative Services Department, Security Guard license. The Security Services Company shall insure that background screenings have been performed and completed on all personnel provided. The Event Security Staff will be responsible for crowd management and security services to include, but not limited to the following: Line control/access control/crowd control Crowd monitoring Parade vehicles, floats, participants and pedestrian traffic flow Valid identification checking for alcohol containment Access control and monitoring of traffic barricades The Event Security needs will be determined by City per event and the event security staffing levels are subject to change throughout the length of the agreement. General expectations: • All Event Security Staff shall be trained specifically for "event security" postings, duties and interactions. • All Event Security staff shall be in a uniform shirt (and hats if applicable) easily identifiable to the City Staff and event participants. All uniforms must be clean and neat in appearance. • Event Security staff shall be trained in and are expected to provide the highest levels of customer service, professionalism and courtesy, during all interactions while on duty or on premises. • Event Security staff are not allowed to eat, drink products other than needed for hydration, use tobacco products, use personal cell phones, accept gratuities, use foul language, consume alcoholic beverages or act In an unprofessional manner. Event Security company will be responsible for providing the following equipment and/or amenities: Any form motorized or non-motorized transportation required, i.e. bikes, golf carts Transportation to and from the event/parade route and grounds Reflective safety vests for all Event Security working posts with or near vehicular traffic Radios and any other forms of communication Flashlights Uniformed Security T-Shirts for their security staff Handheld counters Water Bottles/disposable gloves/PPE requirements Supervisors will be required to attend scheduled planning meetings prior to and at the conclusion of the events, as requested by City Staff. The City has the right to assign and/or re- Page 24 of 53 assign specific positions as needed. Event Security Supervisors will be responsible for maintain communication with their security staff through the set-up, event and conclusion of the event. An Event Supervisor will be stationed inside the City's "Command Post" throughout the event and should be equipped with a radio and cell phone. Event Security DAR's will be submitted to City staff at the conclusion of the each shift. SCHEDULED PARADE EVENTS: Veterans Dav Parade (November 11 each year): Hours: 1:00PM-6:00PM Security Guards: 14 Supervisors: 1 PRIDE Parade (First Sunday of a full November weekend): Hours: 6:00AM-1:30PM Security Guards: 42 Supervisors: 2 Festival of Lights Parade (First Saturday of December): Hours: 1:00PM-9:00PM Security Guards: 26 Supervisors: 1 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposais (RFP) format. Accordingly, proposers should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted. 6. PROPOSAL EVALUATION CRITERIA: An evaluation committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): A. Firm/Company Qualifications and experience in providing similar services as defined in the RFP, including References from other cities. (20 POINTS) Page 25 of 53 B. Proposal Organization, conformance with the RFP instructions, and demonstrated Understanding of the overall project and requested Scope of Work. (20 POINTS) C. Supervisor and Staff Qualifications, Experience and Training in providing the services as defined in the RFP, including resumes (25 POINTS) D. Local Preference: Firms that qualify as a Local Business, or employ local sub-contractors, and submit a valid business license as more fully set forth in Section F.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may be awarded to those that qualify as a Local Business. Two (2) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. (5 POINTS) E. Cost Proposal (30 POINTS) PRIOR CITY WORK If your firm has prior experience working with the City, DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be In an 8 V2 X 11 format, may be no more than a total of twenty five (25) sheets of paper (double sided is OK), including a cover letter. NOTE: Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda acknowledgments and the separately sealed Cost Proposal do NOT count toward the page limit. Interested firms shall submit SIX (6) copies (one marked "Oriqlnar' plus five (5) copies) of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, "RFP #06-19, REQUESTS FOR PROPOSALS FOR UN-ARMED UNIFORMED SECURITY OF VARIOUS CITY SPONSORED EVENTS within the sealed proposal package, the Cost Proposal shall be separately sealed from the Technical/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Technical/Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • If applicable, your specific request for Local Preference (see Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed, and notarized. Affidavit of Non-Collusion (see Attachment B) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. TECHNICAL/WORK PROPOSAL: The Technical/Work Proposal (Envelope #1) shall be clearly marked and shall include the Sections A, B, C, D and E (*if Local Preference is applicable) below: SECTION A: Page 26 of 53 FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS, TRAINING AND EXPERIENCE. A.1 Follow the instructions and properly complete and execute both Attachment "A" and Attachment "B" that are provided in the RPR and include them here in your proposal. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley is to also be included here. A.2 Describe the firm's number of years of experience, background and qualifications in providing Event Un-armed Uniformed Security Services as defined in the RFP. A.3 Include a minimum of three (3) references of recent customers for who your firm has provided similar un-armed uniformed security services as contemplated herein. You must include the name of a contact person, their title, and a current phone number, fax number, email address and business address along with a brief description of the scope of work and cost for each referenced location. SECTION B: PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK B.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE INSTRUCTIONS on proper organization, format, order, and conformance with all requirements, including any and all required signatures, attachments, acknowledgements, or other documents that are required to be submitted. Failure to follow the instructions may result in your proposal being non-responsive and rejected from consideration. B.2 Without reciting the information regarding the Project verbatim as contained in this RFP, convey your overall understanding of the Project and an understanding of the City's expectations upon implementation of the services. B.4 Identify any "key" or "critical" issues that you believe may be encountered based on the firm's prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful performance of the services. Carefully review the Site Map provided. SECTION C: ASSIGNED SUPERVISOR/ACCOUNT MANAGER AND STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING IN UN-ARMED UNIFORM SECURITY SERVICES C.1 Include the background, experience, training, and resume of the Project/Account Manager and the guards that your firm will assign for this contract. C.2 Provide how your employees are educated, trained, and prepared for un-armed uniformed security services. Include any continuing education or other training programs that your employees must attend to keep abreast of current applicable laws, codes, and ordinances that pertain to un-armed uniformed security services C.3 Provide a sample Activity Patrol Report that your firm will be using to document the events security and patrol services. C. 4 Provide a detailed account of what your firms patrol service includes and based on the specifications defined herein. SECTION D: Page 27 of 53 LOCAL PREFERENCE D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. 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 proposal 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. The contractor/organization will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility. List all team members with local expertise. Clearly define their role in the overall project. The full local preference, ten (10) points (5% of the total points possible), may be awarded to those that qualify as a Local Business. Two (4) points may be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. D.2 List all team members with local expertise. Clearly define their role in the overall project. COST PROPOSAL: The Cost Proposal (Envelope #2) shall be clearly marked in a separately sealed envelope and shall include Section F below: SECTION E: COST PROPOSAL fsee Attachment "C") E.I The cost proposal (in a separate sealed envelope) shall be a Unit Hourly Rate for the specified un-armed uniformed security guard services as defined in the Scope of Services and as provided in Attachment C. PROPOSERS MUST USE THE COST PROPOSAL FORM, ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal, Envelope #2. Attachments "A" and "B" are to be included in Envelope #1, "Technical/Work Proposal". 8. GENERAL AND SPECIAL CONDITIONS: Page 28 of 53 DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, SEPTEMBER 18, 2018. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Leigh Gileno, Procurement Specialist II QUESTIONS: Firms, 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 RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Anv questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Leigh Gileno - Procurement Specialist 11 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gileno@Dalmsprinqsca.aov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M.. Local Time. Thursdav. September 6. 2018. Questions received after this 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 wili be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Attachment "E"). Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm, and will appear in the final Contract Services Agreement executed between the parties. The term of the agreement that is awarded as a result of this RFP shall be in effect for Three (3) years with two (2) one (1) year renewal options. We specificallv draw vour attention to the language in the section 12.11 of the sample contractual agreements attached entitled "Covenant Against Discrimination" (below) and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following: COVENANT AGAINST DISCRIMINATION: In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment Page 29 of 53 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. 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. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Page 30 of 53 Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON- RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. COMPLIANCE WITH LAW: Proposer 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. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer 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 Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer 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 by law. BUSINESS LICENSE: The selected firm 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". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. Page 31 of 53 PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. AMERICANS WITH DISABILITIES ACT: As covered under Title II of the Americans With Disabilities Act, the City of Palm Springs does not discriminate on the basis of disability and. upon request, will provide reasonable accommodation to ensure equal access to its proposals, programs, services and activities. If an individual with a disability requires accommodations to attend a pre-proposal conference, site examination or proposal opening, please contact the City prior to the scheduled event. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 32 of 53 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* REQUESTS FOR PROPOSALS (RFP) #06-19 UN-ARMED UNIFORM SECURITY GUARD SERVICES FOR ANNUAL PALM SPRINGS EVENTS SIGNATURE AUTHORIZATION *Proposals must be signed by a duly authorized officer eligible to sign contract documents and authorized to bind the company to all commitments made in the proposal. Consortia, joint ventures, or teams submitting proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one respondent or one legal entity. The proposal must identify the responsible entity. NAME OF COMPANY (PROPOSER): I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed Individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership. Partners' names: A company; A corporation If a corporation, organized in the state of: Please check below IF your firm qualifies as a Local Business as defined in the RFP: A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. Page 33 of 53 Please check below whichever applies: Yes, our company/organization certifies that it meets the Non-Discrimination and Equal Benefits requirements as provided herein. No, our company/organization does not meet the Non-Discrimination and Equal Benefits requirements as provided herein. 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Page 34 of 53 ATTACHMENT "B" "THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is .of ^the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal 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, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. By: Title: Subscribed and sworn to before me this dav of . 2018. 720669 I ATTACHMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVEL0PE#2 "Cost Proposal", NOT with Envelope #1, Technical/Work Proposal*) REQUEST FOR PROPOSAL (RFP #06-19) UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR ANNUAL PALM SPRINGS EVENTS COST PROPOSAL Responding to Request for Proposal No. 06-19 for Un-armed Uniformed Security Guard Services for various city sponsored events, lA/VE will accept as full payment the following specified Itemized Unit Rates Per Hour based on actual hours of service provided for providing all labor, supervision, services, materials equipment, supplies, transportation, training, and any other miscellaneous items required to perform the un-armed uniformed security guard services. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver the un-armed uniformed security services as defined in the Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City. Rates per hour represent the amounts proposed to provide the services, and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days. SCHEDULED PARADE EVENTS: Veterans Dav ParadeifNov. 11) Hourlv Rates: Event Hours: Total: Hours: 1:00PM-6:00PM Security Guards: 14 $ x x J4. $ Supervisors: 1 $ x x JL $ PRIDE Parade:(1^' Sunday of Nov. of a full Nov. weekend) Hours: 6:00AM-1:30PM Security Guards: 42 $ x x $_ Supervisors: 2 $ x x _2_ $_ Festival of Lights Parade:(1^^ Sat. of Dec) Hours: 1:00PM-9:00PM Security Guards: 26 $ x x 26 $_ Supervisors: 1 $ x x 1 $_ TOTAL AMOUNT: (PRICE IN FIGURES) (PRICE IN WORDS) 720669 I PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the proposed amount shall not exceed the hourly/ weekly rates. PRICE ADJUSTMENT: The contract price will be adjusted annually on the anniversary date In Option year 4 and Option year 5 If exercised. The payment adjustment will be adjusted upward or downward by the same percentage Increase or decrease, occurring during the previous twelve months, In the consumer price Index for all urban consumers (CPI-U) for the LA/Rlverslde/Orange County (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar Index If the CPI-U Is not published or available. NOTE: This page MUST be manuallv signed. Certified by: Firm Name Signature of Authorized Person Printed Name fitie Date 720669 1 ATTACHMENT"D" Pi>r Jde tu<i m mPdiade SiiMt ^ Legend ParsM Route Pre-slage Po«t-»iw Festival of Lights • 2017 Route 720669.1 Pard(j6 Stjrt PisriK)« tnd L«g«nd Palm Springs Pride - 2017 Route and Festival 720669.1 PsraOe Stan i.\ a P«vjc)« Lrul Leo^nd Palm Springs Pride • 2017 Route and Festival 720669.1 Parade End m PwodeSiad Legend 'rt-tltft Veterans Day • 2017 Route 720669.1 UNARMED SECURITY GUARD SERVICE FOR PALM SPRINGS EVENTS ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. 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: 0 1: What was the past bill rates for the current provider? A 1: We do not have a current "Event" security provider under contract However, our hourly rate for unarmed security services for various city facilities Is currently $17.49. 0 2: Were those bill rates all inclusive, or were there separate charges for equipment? A 2: All Inclusive. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Procurement Specialist II DATE: September 26, 2018 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may resuit in your RFP being deemed nonresponsive. 720669 I EXHIBIT "C" CONTRACTOR'S PROPOSAL In this case, the City reeeived no responses to the formal RFP. As such, when there are none, the City may select a firm to negotiate an agreement with. The only submittal from the firm the negotiated cost, the required executed attachments and their refemeces. ATTACHMENT "C" REQUEST FOR PROPOSAL (RFP #06-19) UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR ANNUAL PALM SPRINGS EVENTS COST PROPOSAL Responding to Request for Proposal No 06-19 for Un-armed Uniformed Secunty Guard Services for various aty sponsored events. I/WE will accept as full payment tfie following specified Itemized Unit Rates Per Hour based on actual hours of service provided for providing all latx>r supervision, services, materials equipment, supplies, transportation, training, and any other miscellaneous items required to perform the un-armed uniformed secunty guard services The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver the un-armed unifomied secunty services as defined in the Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City Rates per hour represent the amounts proposed to provide the services, and are NOT based upon the actual hourly rotes paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations Invoices shall be submitted to the City for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days SCHEDULED PARADE EVENTS Veterans Day Parade (Nov II) Hourly Rates Event Hours Total Hours: l OOPM-aOOPM Security Guards 14 S 27 50 x 5 x 14 $ 1.925.00 Supervisors I $ 31.00 x 5 x _l_ $ 155 00 PRIDE Paradeid" Sunday of Nov. of a full Nov weekend) Hours: 6 00AM-1 30PM Security Guards 42 $ 27.50 x 7 5 x _42_ $ 8.662.50 Supervisors 2 S 31.00 x 7 5 x 2 S 465 00 Festival of Lights Parade i f Sat. of Dec) Hours 100PM-9 00PM Security Guards: 26 S 27.50 x 8 x 26 $ 5.720.00 Supervisors I $ 31 00 x 8 x $ 248 00 TOTAL AMOUNT; 17.175.50 (PRICE IN FIGURES) SEVENTEEN THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND FIFTY CENTS (PRICE IN WORDS) 720669 1 PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the proposed amount shall not exceed the hourly/ weekly rates. PRICE ADJUSTMENT: The contract price will be adjusted annually on the anniversary date in Option year 4 and Option year 5 If exercised. The payment adjustment will be adjusted upward or downward by the same percentage Increase or decrease, occurring during the previous twelve months, in the consumer price index for ail urban consumers (CPI-U) for the l-A/Riverside/Orange County (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available. NOTE: This page MUST be manually signed. Certified by: Firry^me ^^ Signature df Authorize Person JASON JACKSON Printed Name PRESIDENT & CFO Title SEPTEMBER 7nir^ Date 720669 I PAIai UNARMED SECURITY GUARD SERVICE FOR PALM SPRINGS EVENTS ADDENDUM NO. 1 This Addendum is being issued for the foRowing changes and informational items; TMC FOLLOWING REVISIONS AND/OR ADDI IIONS l O I HE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. 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 die following questions and is hereby providing answers thereto: 0 1: What was the past bill rates for the current provider? A 1. We do not have a current "Event" security provider under contract. However, our hourly rate for unarmed security services for various city facilities is currenttv $17.49. ' Q 2. Were those bill rates all inclush/e, or were there separate charges for equipment? A 2: Ail inclusive. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Leiafi. Procurement Specialist 11 DATE; September 26. 2018 ADDENDUM ACKNOWLEDGMENT; Proposer Firm Name: SOUTH Authorized Signature Date: 09-29-1 ft Acknowledgment of Receipt of Addendum 1 is required by signing and reluming a copy of this addendum wiin yoiff response. Failure to acknowledge this Addendum may result in your RFP being deemed non- responsive. TIVE SERVICF.«^ IMC 720669 I CITY OF INDIO BUSINESS LICENSE CERTTHCATE I,iccnsc Number 19-00021101 I.iccnsc Class SECURITY GUARD,PRIVATE PATROLJNVESTIGA I" Liccn»c-Sub-Clas» somiiwi-srsi-ciiRiTY PO BOX 2915 ELCENTRO CA 92244 Fljisincss l.(K.ntion Address Oi rSIDI-.C lTY LIMITS INDIOCA 92201 Valid fmm Eebruar\-19,2018 Expires February 19,2019 Please Post in a Conspicuous Place Hy Business License Otlicer Not valid unless signed by City of Indio Dusincss I.iccnsc Officci 720669 I ATTACHMENT "A" •THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope 11^1)' REQUESTS FOR PROPOSALS (RFP) #06-19 UN-ARMED UNIFORM SECURITY GUARD SERVICES FOR VARIOUS CITY SPONSORED EVENTS SIGNATURE AUTHORIZATION 'Proposals must be signed by a duly authorized officer eligible to sign contract documents and authorized to bind the company to all commitments made in the proposal Consortia, joint ventures, or teams submitting proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one respondent or one legal entity. The proposal must identify the responsible entity. NAME OF COMPANY (PROPOSERl Southwest Protective Services. Inc. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. Jason Jackson - President & CEO INTED AND T TLB SIGNATURE AND DATE The following information relates to the legal contractor listed above, whether an individual or a company Place check marks as appropriate 1. If successful, the contract language should refer to me/my company as; An individual. A partnership. Partners' names: A company; X A corporation If a corporation, organized in the stale of: California Please check below IF your firm qualifies as a Local Business as defined In the RFP: X A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. 720669 I Please check below whichever applies: X Yes, our company/organization certiries that it meets the Non-Discrimination and Equal Benefits requirements as provided herein No, our company/organization does not meet the Non-Discrimination and Equal Benefits requirements as provided herein 2 My tax Identification numtjer is: 47-4649951 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. in the space provided below, please acknowledge receipt of each Addenda: Addendumfs) # _1 Is/are hereby acknowledged. 720669 1 ATTACHMENT"B" •THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is of stgQcasprtlhe party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the t)ehalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham, that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true, and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal 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. Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. Rv X ^ Title:' Subscribed and sworn to before me this ^dov of Dc-' ^•ii>£J2- . 2018. 720669 I CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 Attached Document (Notary to cross out lines 1-6 below) See Statement Betow (Lines 1-6 to be completed only by document srqner(sl, not Notary) Signature of Document Signer No. 1 Signature of Document Signer No 2 (if any) I dc notary pulillc or other officer completing this certifcale verifies oniy the identity of the indtvidoal who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or valiaity of that document State of California Counh/ of £j Subscnt)ed and sworn to (or affirmed) beiore rue on this day of DcklkitC 20 . Date Month Year (1)-iiijff'J .UlAt-VwS.CLCi CH£*Y« CHA(m« I Noury PwbBc • CilWornli I Mlflffi Cearty { Commliiionr 2jS)9){ - tip<rwam it. 3C22 B (and (2). Namefs) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) v.ho appeared before mc. c: Signature./c/ {jji/} t-7'r Sigf}fturc of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachmont of this form to an unintended document. Description of Attached Document Title or Type of Documenl: V. lAl) ('^t(iiSiri1 Numtaer of Pages: J. Slgncr(s) Other Than Named Above: C2014 National Notary Association • virww NalionalNotary erg • l-BOO-US NOTARY (1-800-876-6627) Hem fl5910 Document Dale: JP_ _ - ^ A 720669 I REFERENCES Coachella Valley Water District Anthony Zamudio - Supervisor, Safety & Training 51-501 Tyler St. Coachella, CA. 92236 760-398-2651 x-2285 azamudio@cvwd.org Palm Desert Housing Authority (RPM Company) Teresa Vakili 72-600 Fred Waring Dr. Palm Desert, Ca. 92260 760-674-1139 teresavakili@rpmcompany.com County of Imperial Tony Rouhotas - CEO 940 Main St., Suite 208 El Centro, CA. 92243 442-265-1004 tonyrouhotas@co. imperial. ca. us 720669 I EXHIBIT «D" SCHEDULE OF COMPENSATION Rates per hour represent the amounts proposed to provide the services, and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days. SCHEDULED PARADE EVENTS: Veterans Day Parade:(Nov. 11) Hours: 1:00PM-6:00PM Security Guards: 14 Hourly Rates: Event Hours:Total: 27.50 X X 14 Supervisors: 1 $31.00 X 5 X 1 $ 155.00 PRIDE Parade:n®^ Sunday of Nov. of a full Nov. weekend) Hours: 6:00AM-1:30PM Security Guards: 42 $ 27.50 x 7.5 X 42 $ 8.662.50 Supervisors: 2 $31.00 X 7.5 X 2 $ 465.00 Festival of Liahts Parade:n®' Sat. of Dec) Hours: 1:00PM-9:00PM Security Guards: 26 $27.50 X 8 X 26 $ 5.720.00 Supervisors: 1 $31.00 X 8 X 1 $ 248.00 TOTAL AMOUNT: $17.175.50 (PRICE IN FIGURES) SEVENTEEN THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND FIFTY CENTS (PRICE IN WORDS) For the initial three (3) years of the Agreement term, the annual rates shall be fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. 720669 I EXHIBIT "E" SCHEDULE OF PERFORMANCE Supervisors will be required to attend scheduled planning meetings prior to and at the conclusion of the events, as requested by City Staff. The City has the right to assign and/or re assign specific positions as needed. Event Security Supervisors will be responsible for maintain communication with their security staff through the set-up, event and conclusion of the event. An Event Supervisor will be stationed inside the City's "Command Post" throughout the event and should be equipped with a radio and cell phone. Event Security DAR's will be submitted to City staff at the conclusion of the each shift. SCHEDULED PARADE EVENTS: Veterans Dav Parade (November 11 each year): Hours: 1:00PM-6:00PM Security Guards: 14 Supervisors: 1 PRIDE Parade (First Sunday of a full November weekend): Hours: 6:00AM-1:30PM Security Guards: 42 Supervisors: 2 Festival of Lights Parade (First Saturday of December): Hours: 1:00PM-9:00PM Security Guards: 26 Supervisors: 1 720669 1 ACORP CERTIFICATE OF LIABILITY INSURANCE I """r.TT I 10/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIRCATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must bo endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In llnil of ennh onrlnroomant/o\ PRODUCER Tolman & Wiker Insurance Services LLC #0B52073 5001 California Ave. Suite 150 Bakersfield CA 93309 NAiaEt" Jessica Wilkison UUc'No.ErtI: (661)616-4760 <6fil)616-4500 ADTOESS: jwilkison0tolmanandwiker. com INSURERfS) AFFORDING COVERAGE NAIC# INSURER A £:rum & Forster Specialty Ins Co 45520 INSURED Southwest Protective Services, Inc. DBA: Southwest Security PO Box 2915 El Centro CA 92244 INSURER B AmGOARD Ins Co 42390 INSURER c:The North River Ins Co INSURER D:Hart ford Fire Ins Co 19682 INSURER E; INSURER F: THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD term or condition of any contract or other DOCUMENT WITH RESPECT TO WHICH THIS pyrnTcinMo INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AINSR LTH TYPE OF INSURANCE DDLjSUBR mso.mo.POLICY NUMBER POUCY EFF fMM/DD/YYYYt POUCY EXP fMM/DD/YYYYt UMHS COMMERCIAL GENERAL UABIUTY CLAIMS-MAOE E OCCUR Errors S Omlasions GL05S1759 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occufrencal 9/1/2018 9/1/2019 $2,500 Deductible MED EXP (Any one person) PERSONAL &ADV INJURY GEN-L AGGREGATE UMIT APPUES PER; □POLICY □PRO JECT LOC OTHER: GENERAL AGGREGATE PRODUCTS-COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NONOWNED AUTOS (X^j^lNEb SINGLE UMIT(Eaacddent) BODILY INJURY (Per person) SOAU994407 9/24/2018 9/24/201S BODILY INJURY (Per acddenl) PROPERTY DAMAGE(Per acddenll Uninsured motorist combined 1,000,000 50,000 5,000 1,000,000 3,000,000 3,000,000 1,000,000 1,000,000 UMBRELLA UAB EXCESS UAB DED CCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUnVE | j OFFICERAIEMBER EXCLUDED? Y(Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below Y/N PER STATUTE mr ER N/A E.L EACH ACCIDENT 4087349748 9/24/2018 9/24/2019 v/ 1.000.000 E.L DISEASE • EA EMPLOYEE 1,000.000 E.L DISEASE • POUCY LIMTT 1.000.000 Limit Deductible Employee Dishonesty 51BDDHH1346 7/1/2018 7/1/2019 $500,000 $5,000 D^CRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD101, Additional Remarks Schedule, may be attached If more space Is required)The City of Palm Sprigs, its officials, enqployees and agents are named as additional insured on GeneralLiability^ and Auto Liabil3,tv with respect to the operations of the named insured but only where requiredby written contract per attached endorsements CG20260413 and BA99040416. General Liabilitv and Auto Liability shall be primary and non-contributory per forms CFSICGL100210H5 and BA99040416. Wavier~of Subrogation applies to Workers' Condensation per form WC040306. City of Palm SpringsAttn: Procurement & Contracting Dept.3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Shaun Kelly/JESSIW ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL0551759 COMMERCIAL GENERAL UABILITY CG20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): Any person or organization you have agreed in a written contract to add as an additional insured on your policy provided the written contract is executed prior to the "bodily injury", "property damage" or "personal and advertising injury". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured wll not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is foe amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in foe Declarations; whichever is less. This endorsement shall not increase foe applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontrlbutory Insurance Jils Insurance is primary to and will not seek contribution from any other Insurance available to an additional Insured under this policy provided that: (1) The additional Insured Is a Named Insured under such other Insurance; and (2) You have agreed In writing In a contract or agreement prior to the Injury or damage that this Insurance would be primary and would not seek contribution from any other Insurance available to the additional Insured. However, the Insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. stated hSSn"^^"* ^ PoUcy to which attached, effective on the Inception date of the Policy unless otherwise (The following Information Is required only when this endorsement Is Issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CFSIC-GL-1002(10/2015) COMMERCIAL AUTO BA 99 04 04 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Additional insured When Required by Contract (1) Paragraph A.I. - WHO iS AN INSURED - of Section li - Liabiiity Coverage is amended to add: d. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that/the insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. - Duties in The Event Of Accident, Claim, Suit Or Loss - of SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. BA 99 04 04 16 Includes copyrighted material of insurance Services Office, Inc., with its permission.Page 1 of 1 • Workers compensation and employers liability insurance policy wc 04 03 oe (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this poiicy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You rnust maintain payroil records accurately segregating the remuneration of your employees while engaged in the work descnbed in the Schedule. ^ r j v n The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization job Description Any person or organization with whom or with which you have See wording under Person or Organization agreed in a written contract to waive your right of recovery against, provided such written contract: 1. is currently in effect or will be come effective during the term of this policy; and 2. was executed and became effective prior to the occurrence of the injury covered by this policy. This form only applies in OA. This endorsement changes the poiicy to which it is attached and is effective on the date issued uniess otherwise stated. Endorsement Effective 09/24/2018 Poiicy No. 4087349748 Endorsement No. insured Southwest Protective Services. Inc. insurance Company The North River insurance Company Countersigned By Gregory C. Anderson Shawn E. Carson Steven W. Carter Raymond M. Clem Ronald F. Cossa Jeffrey G. Dann Jeffrey T. Dodds Bryce W. Eddy John A. Feliciano Kipton Keller Shaun M. Kelly TOLMAN WlKER INNOVATIVE RISK ADVICE SINCE 1923 Tolman & WlKER Insurance Services, LLC Joan M. Kirchhof Mark D. Lyon David L. Rucker David R. Shore Denise D. Sutton Vance W. Taylor Richard W. Toohey Gregory W. Van Ness Barbara J. Ward Marcus A. Wilson October 4, 2018 TO: City of Palm Springs RE: Customer: Southwest Protective Services, Inc. Certificate Issued: 10/04/2018 ACORD Corporation will not permit alteration to their forms to provide notice of cancellation to Certificate Holders or Additional Insureds. Should the policies described on the Certificate of Insurance referenced above cancel before the expiration date; Tolman & Wiker Insurance Services, LLC will endeavor to mail 30 days notice of cancellation, except 10 days for non-payment of premium. But failure to mail such notice shall impose no obligation or liability of any kind upon Tolman & Wiker Insurance Services, LLC. Sincerely, Tolman & Wiker Insurance Services, LLC Greg Van Ness Branch Manager 5001 California Ave., Suite 150, Bakersfield. CA 93309 I PHONE (661)616-4700 I Fax (661)616-4500 Bakersfield I Los Angeles | Salinas | Santa Maria | Ventura | Westlake Village www.tolmanandwiker.com GDI License: 0E52073 47)-;-Y ACOR& CERTIFICATE OF LIABILITY INSURANCE F DATE(MM'DWYYYY) 09/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengs). PRODUCER CONTACT S NAME: ec March AssureclPartners of California ac NNo Ext : (805) 585-6737 No o (805) 585-6737 ULC. 5001 California Ave. E-MAIL bmarch@tolmanandwikerwnn ADDRESS: Suite 150 INSURER(S) AFFORDING COVERAGE NAICF Bakersfield CA 93309 INSURERA: Crum & Forster 31348 INSURED INSURER 8: United States Fire Ins. Co. 21113 Southwest Protective Services, Inc. INSURER C: The North River Ins Co 21105 DBA: Southwest Security INSURER D : Harttord Fire Ins Co 19682 PO Box 2915 INSURER E EI Centro CA 92244 INSURER F : COVERAGES CERTIFICATE NUMBER: 22/23 GL/AU/WC/CRIME REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIMNYY IMMIODNYYYI LRMTS COMMERCIALGENERALLUIBILRY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE ® OCCUR DAMAGE TO RENTED PREMISES Ea ocaererKe $ 50,000 5,000 ERRORS & OMISSIONS MED EXP(Am one Pinson) $ X DEDUCTIBLE.$2,500 PERSONALSADVINJURY $ 1.000,000 A Y GLOO91408 09/24/2022 09/24/2023 GEN'LAGGREGATE LIMITAPPLIES PER. GENERALAGGREGATE S 3,000,000 POLICY © JECT LOC PRODUCTS - COMP/OPAGG S 1,000,000 S OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee acculw $ 1,000,000 BODILY INJURY (Per person) S ANY AUTO B OVMED SCHEDULED Y 1337528538 09/24/2022 09/24/2023 BODILY INJURY(Pw accident) 9 AUTOS ONLY AUTOS DAMAGE accident) $ HIRED NON-0wNED AUTOS ONLY AUTOS ONLY S UMBRELLA LUS OCCUR RRENCE $ 4AGWGR7EGATE $ EXCESS MR CLAIMS MADE DELI RETENTION $ S WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY YIN TEERCANY CODENT s 1.000,000 PRopRlEtoft/PARTNER/EXECUTIVE NIA Y 4087438758 09/24/2022 09/24/2023 OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mendetory In NH) If yes cxhc t,e under 1,000,000 DESCRIPTION OF OPERATIONS EBIoe E.L. DISEASE - POLICY LIMIT $ EMPLOYEE DISHONESTY D 51BODHM1346 07/01/2022 07/01/2023 LIMIT $500,000 DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddMnal Remark. Schedule, may W aheched V more space Is requiretl) GL/AU: The City of Palm Springs, its officials, employees and agents are additional insured as respect to the operations of the named insured per forms (GL) CG20260413 and (AU) form to follow. GL: This Insurance is Primary & Non -Contributory to any other Insurance per form CFSICGL10021015. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form WC040306. Endorsements apply only as required by current written contract on file RECEIVED SEP 2 8 2022 City of Palm Springs, Attn: Procurement & Contracting Dept. 3200 E. Tahquitz Canyon Way Palm Springs CA 92263 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD INVOICE RECEIVED SEP 2 8 2022 xerox,► Mail Payments to: Xerox Financial Services P.O. Box 202882 Dallas, TX 75320-2882 Questions? Contact Us: Invoicing: 844-733-9280 XFScustomerservicena xerox.com View invoices, payment history, and make payments online. Register today at- www.iLease.com Equipment Protection: 866-223-6383 7 Invoice Number: 3496925 ATTN: Accounts Payable PALM SPRINGS, CITY OF 3200 E TAHQUITZ CANYON WAY PALM SPRINGS. CA 92262 Invoice Date: September 15, 2022 Months Remaining: 30 Office of the City Clerk Customer PO#: Due Date: Amount Due: May 27, 2022 $2,970.50 Page 1 Billing Period Contract Description Amount 05/27 - 05/26 020-0036746-007 Lease Payment $2,719.00 05/27 - 05/26 Sales and Use Tax $251.50 300 S Sunrise Way PALM SPRINGS, CA 92262 Model: C8045 S/N:8TB576379 Your immediate attention is required as your account is severely past due by more than 90 days. Please call! Detach here and return coupon with payment Please make check payable to: Xerox Financial Services Amount Enclosed: $ Xerox Financial Services P.O. Box 202882 Dallas, TX 75320-2882 111110^11111,41111111111111111111111.11111 l,ll llldhl lr INVOICE NUMBER: Invoice Date: Contract Number: Due Date: Amount Due: 3496925 September 15, 2022 020-0036746-007 May 27, 2022 $2,970.50 PALM SPRINGS, CITY OF 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 03496925 0200036746007 036746 0000297050 2