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HomeMy WebLinkAbout7/1/2014 - AGREEMENTS AMENDMENT NO. 3 TO AGREEMENT NO. 6557 — US SECURITY ASSOCIATES INC., AN ALLIED UNIVERSAL COMPANY FOR UN-ARMED SECURITY SERVICES AT VARIOUS FACILITIES AND LOCATIONS THIS THIRD AMENDMENT is made and entered into to be effective'on the date that the City Manager executes this Agreement by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the City), and US Security Associates, Inc., an Allied Universal Company(hereinafter referred to as the "Contractor" or"USSA") (collectively, the "Parties"). RECITALS WHEREAS,the City and USSA previously entered into an agreementfor un-armed security services on July 1, 2014 ("Agreement"); and WHEREAS, the Agreement was for an initial period of three years, beginning July 1, 2014 and ending June 30, 2017,with the option of two additional one-year terms that ends on June 30, 2019; and WHEREAS,the City and USSA desire to extend the contract services agreement for an additional term not to exceed four-months. NOW, THEREFORE, the City and USSA do hereby mutually agree as follows: AGREEMENT 1. The term of the contract services agreement shall be extended on a month- to-month basis for the period of July 1, 2019 to October 31, 2019. 2. All otherterms and conditions of the Agreement shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] 4/22/2019 1 IN WITNESS WHEREOF, the Parties-have executed and entered into this Third . Amendment.as of the date that the City Manager executes this Agreement by and between City and USSA. "CONTRACTOR" "CITY" US.SECURITY ASSOCIATES, INC., AN CITY OF PALM SPRINGS, ALLIED UNIVERSAL COMPANY a California charter city.and municipal -� corporation Steve Claton, Regional.Preside:nt`. ATTEST: By:- -By Anthony J. Meji , City Clerk David. H. Ready, City Manager Date APPROVED AS TO. FORM: APPROVED BY CITY COUNCIL �By: LE 7 Jeff Ballinger, City Attorney insert u to date nota si ature a e 4/22/2019 2 �WE�„EN,� N�.rvo �MN.. � N MNrt.N o�oMEN,M N„Ea.,Ervr.K w�NErv.A.Nww E�EM.N _ OW,EaM��tiYNw�uEM.«OY Erv. rva A notary public or other officer completing this certificate verifies only the CA L I F O R N I A ALL-PURPOSE identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CERTIFICATE OF f State of California ) ACKNOWLEDGMENT R County of On before me, 1 1 ( ' (here insert name and Atle of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under-the laws of the f State of California that the foregoing paragraph is true and correct. 5�oF:y TOitil'11I.I?POL.ITO WITNESS my hand and official seal. N o�, @'m comm.#216$938 ® a NOTARY PUBLIC CALIF ORNIA r , . OPANrE COUNTY.N My COMM.EXP.NOV 18,z _ M f Signature (Seal) f R OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification F n Proved to me on the basis of satisfactory evidence: titled/for the purpose of Q��yvnaj �p , t5 +0 L f 7 Q form(s)of identification Q credible witness(es) r _ l Notarial event is detailed in notary journal on: containing pages,and date S�(� Page# Entry# F The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator F ❑ Partner-Limited/General s ❑Trustee(s) ❑ Other: representing: R Name(s)of Person(s)or Entity(ies)Signer is Representing F 3 N3W903v.,auY]vw3w�03VnNNN]tl1N3W03vnONVJVIN3wN031NAnv]vIN3W9a3W.ONVJY1N3wNo3Lxot1Y]virv3w9a3lmONMJY1N3w9p31uotmvx3wv03W,aNw]tl1N3 0 Copyright 2007-2014 Notary Rotary,Inc.PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. - - _ ..a CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE CgtIFOlt . : (INSTRUCTIONS FOR.APPLICANTS) Who Must File? Applicants that are NOT A.natural.person or.group of:natural. people.that_will be:identified on the application,. and seek a City. ity approval determined .by a Vote of-City.offcials. Examples include corporations, limited liabilitycompanies trusts; etd.that.seek a City Council approval; -or an approval.by One Of the .City's.board Or commissions. Why Must I File? The. City, -of Palm '.Springs Public Integrity. Ordinance advances transparency in: . municipal government and -assists public officials in. ''avoiding conflicts. of. interest. The City's Public' .Integrity Ordinance; codified,in Chapter 2.60:of,the municipal code, reflects the. . City's interest:in .ensuring :that companies .(and. other..legal. entities.that are::not natural people) doing business In the community are-transparent:and make_disclosure.as:to their ownership. and management; and further that those companies disclose the identity of any: -person, .with.an.beneficial ownership interest of.five.percent.(5%) or.more. When. Must:I File? You must file this form with the Office-of the City:'Clerk at,the same time when you f le your -application for. - City approval :determined.by a:vote of:City officials; whether elected or. appointed: CITY OF PALM:SPRINGS.-PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR:APPLICANTS). Page I.of I . (Revised 0913 18) i What Must I Disclose? A. The names of_all.natural persons,who:.are. Officers,:directors; members;.'mana9ers, trustees, and Other fiduciaries,serving.trustS.or Other types of.organizations(attorneys; accountants' ete.): ote:(9)*.you.must make.these diSdosures-in:ielation to.the aPplicdnt.ehtity,.and Aso in.relation to any related: entity that owns a p6rt of,'Or makes a prOht based upon.the.bUsin6ts of the applicant entity. Disclosures,may include parent, subsidiary.or affiliated.entities of.the applicant entity;'(2) if any entity that is not:a natural person serves' the.applicant:entity" (e.g., 'as'a member of an applicant LLC), then all officers, directors;. 'me►nbers,managers;trustees, etc:, of the second-entity:must-be disclosed).. B. The,names of persons owning a beneficial`interest of five:percent;(5%):or.more in your entity, Owners/investors-who,have.such an interest hold either investment:power or . Voting power,.i.e:, they can.-(i) sell or-transfer their--interest;-or(i)vote their interest in management decisions: NOTE:USE ADDITIONAL PAGES-AS NECESSARY. What if1 Have--Questions? If you have,any,questions about.how to'complete this form; please.contact: City Attorney;.Edward Z. Kotkin-(email: Edward:KotkihOpalmspringsca.gov) PENALTIES Falsification of information or failure,to report.information required to`be:reported May subject you.to:administrative.action.by the-City. CITY OF.PALM SPRINGS.—PUBLIC INTEGRITY DISCLOSURE (INSTRUCTION FOR APPLICANTS). Page 2'of 2: (Revised 09.13 18) s H PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM c'Q�'/FOAN�P 1. Name of Entity u.8. -Security Associates, Inc. 2. Address of Entity(Principle Place of Business) 20.0 Mansell Court Fifth Floor Roswell, GA 30076 3. Local or California Address (if different than#2) 77-7-25 .Enfield Lane .� Suite 150 Palm Desert; CA 92211 4. State where Entity is Registered.with Secretary of State_ Delaware If:other than California, is.the Entityalso registered in California? Yes No 5. Type of Entity. �N'Corporation 0 Limited Liability Company 0 Partnership 0 Trust Other(please specify) 6. Officers; Directors, Members; .Managers; Trustees; Other. Fiduciaries (please specify) Note: /f.any response is not a natura/.person; please .identify all of{ceis, directors, members;managers and other hduc aries for the member,manager, trust or other.entity Steven S: Jones; . President. & CEO [N Officer E]Director O Member[]Manager [name] E]General Partner 0 Limited Partner. . Other , : . David I : Buckman' Executive Vice President General.. Counsel & Secretary f-34 Officer E]Director E]Member E]Manager [name] 0 General Partner 0 Limited Partner 0 Other . Drew Vol,lero; CFO . ®Officer 0 Director E]Member 0 Manager -[name]. 0 General Partner D Limited.Partner D Other CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2. (Revised 0913 18) J. 7: Owners/Investors with.a 5%beneficial interest in the Applicant a related entity EXAMPLE JANE.DOE 50%,ABC COMPANY, Inc. .[name of owner/investor] [percentage.of beneficial interest.in.entity' and name of entity] A. U.:.S. :Security Holdings; Inc. 100% .[name of.owner/investor] [percentage of beneficial interest in:entity and,nam0 of entity] [name of owner/investor] [percentage'of beneficial interest in entity. and name of entity] name of owner investor .[ /' ] [percentage of Beneficial interest in entity .and name of entity]. D.. [name of owner/investor] [percentage of beneficial interest in entity and name of entity . . E. [name of,owner/investor] [percentage.of beneficial:interest in entity -.and name of entity] DECLARE UNDER PENALTY.OF PERJURY.UNDER THE:LAWS OF.THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.: Signature of,Discl ing Party;.P ted Name,Title Date CITY OF PALM SPRINGS=PUBLICIWEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2 of 2 . (Revised 09:13.18.] s A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CERTIFICATE OF f State of California ) ACKNOWLEDGMENT f 3 County of ) f On 1 before me, f ' l ° (4 F (here insert name a d itle of the officer) personally appeared �� C � F who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their m authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity 3 upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �SEpLOF>yf TONI M.IPPOLITO N o 8;, COMM.#2168938 X es o NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. ORANGE COUNTY.N f MY COMM,EXP,NOV 19 202a Signature (Seal) f OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of ��J&C Pl1�� (Qt-5ct p z^ Proved to me on the basis of satisfactory evidence: 3 Lo form(s)of identification 0 credible witness(es) m Notarial event is detailed in notary journal on: containing pages,and dated ) j d7[a Page# Entry# f The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Thle(s) ❑ ❑ Guardian/Conservator F ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing m copyright 2007-2014 Notary Rotary,Inc.PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ® DATE(MMIDDNYYY) A R CERT. " CATE OF LIABILITY INSUR, 'CE 05/24/2019 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 endorsement(s). PRODUCER CONTACT MARSH USA INC NAME: PHONE FAX 1717 Arch Street A/c No Ext: AIC No): Philadelphia,PA 19103 E-MAIL Attn:Philadelphia.certs@marsh.com/Fax:(212)948-0360 ADDRESS: INSURER S AFFORDING COVERAGE NAIC# CN118025105-GAWU-Crime-18-19 INSURER A:Lexington Insurance Company 19437 INSURED INSURER B:Greenwich Insurance Company 22322 Allied Universal Topco,LLC (See Attached for Additional Named Insureds) INSURER C:XL Insurance America 24554 161 Washington Street,Suite 600 INSURER D:Lloyd's Syndicates-See Acord 101 Conshohocken,PA 19428 INSURER E:National Union Fire Insurance Co. 19445 INSURER F:XL Specialty Insurance Company 37885 COVERAGES CERTIFICATE NUMBER: CLE-006354182-03 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. INSR TYPE OF INSURANCE ADD-SUBR POLICY NUMBER MM POLICY EFF POLICY EXP LTR IDDNYYY MM DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 082695264 11/0112018 11/01/2019 EACH OCCURRENCE $ 10,000,000 DAMAGE To_7RENTED CLAIMS-MADE I-xi OCCUR PREMISES Ea occurrence) $ 10,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ X SIR$1,750,000 PERSONAL&ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY❑JECTPRO ❑ LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER: $ B AUTOMOBILE LIABILITY RAD9437818-02 11/01/2018 11/01/2019 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ X UMBRELLA LIAB X OCCUR BOWCN1800836 11/01/2018 11/01/2019 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION RWD3001203-02(AOS) 1 0 2018 11101/2019 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER F Y 1 N RWR3001204-02(AK&WI) 11101/2018 11/0112019 1,000,000 OFF CER/MEMB REXC EXCLUDED?ECUTIVE � N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E CRIME 017084809 08/01/2018 08/01/2019 EMPLOYEE THEFT OR DISH NESTY 1,000,000 CLIENTS PROPERTY 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Palm Springs,its officials,employees and agents included as additional insured where required by written contract with respect to General Liability and Auto Liability. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured,but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of The City of Palm Springs,its elected officials,officers,employees,agents and volunteers in accordance with the policy provisions of the Workers'Compensation policy. CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Luz Marie Pope THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 Tahquitz Way ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �L�Lv�cv+•� �li4µ t�r.az.� @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN 25105 -� LOC#: Phi:,. ..`phia AC R® ADDITIONAL REMARKS SCHEDULE Page 2 of 3 16. � AGENCY NAMED INSURED MARSH USA INC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insureds: Allied Universal Topco LLC Allied Security Holdings LLC Allied Universal Holdco LLC AlliedBadon(NC)LLC AlliedBarton(NC)LLC,dba Allied Universal Security Services AlliedBadon Security Services LLC AlliedBadon Security Services LLC,dba Allied Universal Security Services AlliedBadon Security Services LP AlliedBadon Security Services LP,dba Allied Universal Security Services Andrews International Government Services,Inc. Andrews International Government Services,Inc.,dba Allied Universal Risk Advisory and Consulting Services Andrews International Security Services,Inc. Apollo Security International,Inc. C&D Enterprises,Inc. FJC Security Services,Inc. Guardsmark(Puerto Rico),LLC Guardsmark(Puerto Rico),LLC,dba Allied Universal Security Services,LLC Guardsmark(Puerto Rico),LLC,dba Universal Protection Service,LLC Intelligent Access Systems of North Carolina,LLC,dba Allied Universal Technology Services Intelligent Access Systems of North Carolina,LLC,dba Securadyne Systems Mid-Atlantic Peoplemark,LLC Surveillance Specialties,Ltd.,dba Allied Universal Technology Services Surveillance Specialties,Ltd.,dba Securadyne Systems Northeast Securadyne Systems Intermediate LLC,dba Allied Universal Technology Services Securadyne Systems Texas LLC,dba Allied Universal Technology Services SFI Electronics,LLC SFI Electronics,LLC,dba Allied Universal Technology Services SFI Electronics,LLC,dba Allied Universal Security Systems SFI Electronics,LLC,dba Universal Protection Security Systems Spectaguard Acquisition LLC Staff Pro Inc.,dba Allied Universal Event Services Staff Pro Inc. U.S.Security Associates Aviation Services,Inc. U.S.Security Associates,Inc.,dba Allied Universal Risk Advisory and Consulting Services Universal Building Maintenance,LLC Universal Building Maintenance,LLC,dba Allied Universal Janitorial Services Universal Protection Security Systems,LP Universal Protection Security Systems,LP,dba Allied Universal Technology Services Universal Protection Security Systems,LP,dba Allied Universal Security Systems Universal Protection Service of Canada Co. Universal Protection Service of Canada Corporation Universal Protection Service of Canada Corporation.,dba Allied Universal Security Services of Canada Universal Protection Service of Canada Co.,dba Allied Universal Security Services of Canada Co. Universal Protection Service of Seattle,LLC Universal Protection Service of Seattle,LLC,dba Allied Universal Security Services Universal Protection Service,LLC ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CK �j25105 LOC#: Phk,_tphia A�® ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED MARSH USA INC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Universal Protection Service,LLC,dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service,LLC,dba Allied Universal Security Services Universal Protection Service,LLC,dba Allied Universal Security Services,LLC Universal Protection Service,LP Universal Protection Service,LP,dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service,LP,dba Allied Universal Security Services Universal Protection Service,LP,dba Allied Universal Security Services,LP Universal Services of America,LP Universal Thrive Technologies,LLC Universal Thrive Technologies,LLC,dba Allied Universal Technology Services Universal Thrive Technologies,LLC,dba Allied Universal Monitoring and Response Center Universal Thrive Technologies,LLC,dba Thrive Intelligence U.S.Security Associates Holding Corp. U.S.Security Associates Holdings II Corp. U.S.Security Associates Holdings,Inc. U.S.Security Associates Staffing,Inc. U.S.Security Associates,Inc. U.S.Security Holdings,Inc. Vance Executive Protection,Inc. Vance International Consulting,Inc. Umbrella Liability Carriers Lloyds-Apollo Consortium-AAIN#AA-1122000(85%) Lloyds-Hamilton Re,Ltd.-AIIN#AA3191190(15%) ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: RAD943781.802 ., . XIC 41.4 .101:3 - THIS ENDORSEMENT.CHANGES THE POLICY: PLEASE READ IT CAREFULLY. „ . .ADDITIONAL INSURED: : This endorsement modifies.insurance provided underthefollowi.ng: BUSINESS AUTO COVERAGE.FORM MOTOR CARRIER COVERAGE-FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided.bythis endorse merit.=the provisions of the`Coverage Form apply unless_modifed. by the endorsement. . . Schedule Additional.lnsured(s). Work Any person or organization you have agreed to All Operations include as an additional insured under.written contract,.pr&Aded: such confract was executed prior to the Date of.loss... COVERED AUTOS 'LIABILITY .COVERAGE,.Who Is.An.Insured,:is amended to include.as an: "insured". the- person or organization-listed in the Schedule above, but,only with respect to liability for"bodily:injury" or.'property dama9e"otherwise.covered under this:poN caused, in whole or in part, by the negligent acts or omissions of 1:. You,,while 9 �usin a covered-"auto or 2:.. Any other person, except the additional--insured or any employee or agent of the additional insured, operating a coveted."auto"with your permission; in the performance,of your work as-described.in the-Schedule above: In no event shall .any .person or: organization listed. in the Schedule become an. "insured' :pursuant'.#o this ,Endorsement if such person or organization is solely negligent: IT- IS FURTHER. AGREED: THAT .IN NO EVENT-SHALL:ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS;COVERAGES.OR EXCLUSIONS SET FORTH IN THIS POLICY . All other terms and conditions of this policy remain unchanged: XIC 414.10.13 ©2013.X.L. America, Inc. All Rights Reserved. Page 1 of 1, May not.be copied without p. ssion. Includes copyrighted material of insurance.Services Offce, Inc.;with its permission: POLICY NUMBER: RADW781802 COMMERCIAL AUTO CA 04.441.0.13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY:. WAIVER OF. TRANSFER OF RIGHTS .OF: RECOVERY AGAINST ETHERS TO US (U1rAIVER OF SUBROGATIQN� This endorsement modifies insurance provided:under the°following; AUTO-DEALERS-COVERAGE FORM BUSINESS.AUTO COVERAGE.FORM MOTOR CARRIER COVERAGE FORM Wth .respectto coverage provided, by this endorsement; *the_provisions.of the .Coverage Foam. apply,unless- . .modified by the.endorsement; This endorsement changesthe.poiicy effective on the inception date:ofthe policy..unless another date is indicated below. Namedansured ALLIED UNIVERSAL.TOPCO, LLC: Endorsement Effective Date: November 1 2018- SCHEDU.LE. . . 'Name(s}Of Person(s).Or Or'anization(s):_. Any person or organization where waiver of our rig. a recover is required:by written contract with ,such person or organization-provided such contract was executed prior to the date of loss: Information:required to complete this.Schedule,if.not,shoWn above,Will be-shown in the Declarations: The, Transfer Of: Rights ,Of Recovery ..A gal nst. . Others To: Us condition: does not apply to the person(s) .or organization(s) shown in -the-Schedule; but only to,the extent that.subrogation is waived prior to the "accident" or the loss'' under;a contract with that person or Organization.. CA 044410 13 . ©Insurance Services Office, Inc:,201.1 Page 1.of 1 ENDORSEMENT#050 This enddrsement,-effective't2:01 AM 11-1-18 Forms part of policy n6mber:082695264 Issued to:ALLIED-UNIVERSAL TOPGO, LLC By LEXINGTONiNSURANCE COMPANY ADDITIONAL INSURED.�- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance.provided by the following:. GUARDSECURE GENERAL AND PROFESSIONAL LIABILITY COVERAGE FORM A. SECTION II=Who Is.An Insurer. Is amended to include as an additional insured.a person(s)or organizations)who is required to be added by written contract or written agreement which does not require that a specific form number be used. B.The insurance provided to additional insureds applies brilyao'bodily injury "property damage ."professional liability"or"personal and advertising infuiy caused,in whole or in part; by: . 1.Your acts.or omissions.; or: 2.The.acts:or orriissioris of those acting on your behalf in the performance of:your ongoing operations for,the additional-insured; or -your work'` performed.for that additional insured and included 'in the "products-completed operations hazard",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 i.nsured_is required by a contract or agreement,the insurance: afforded to such additional insured will not be.broader than that which you are required.by the contract or agreement to provide for such additional insured. C.With respect to the insurance afforded tothese additional insureds, the following is added to .- Section Ill.—: Limits of Insurance: If coverage provided_t6the�add.'otional insured:is required a contractor agreement,_the mastwe Will pa on behalf of the additional,insured is the ambUnt of insurance: 1. Required by-the contractor agreement;or 2- Available.under the applicable Limits of Insurance shown in the.Declarations; whichever is less. This endorsertient.sliall not increase the applicable-Limits of Insuranc a shown in the Declarations. D.The.additidnal.insured must see,to it that:' 1 We are notified as soon as practicable of an"occurrence"or offense that may result in a claim. 2.We receive written notice:of,a claim or"suit"as soon as practicable; and .1 A request for defense and indemnity:of the claim or 11suit"will promptly be brought against any policy issued-by another insurer under which the additional insured also has rights an insured or, additional insured. E. This insurance is.primary to and will not seek contribution from any-other insurance available to an additional insured-under.yourpolicy provided that:: 1.The:additional insured is.a Named.lnsured.under such other insurance;and 2:You have agreed in_writing in a contract or agreement that this insurance would be.primary and .would not seek contribution,from any other insurance available to the additional insured. All other terms and conditions remain as written. ENDORSEMENT#24 This endorsement,effective 12:01 AM .11-1-18 .Forms or.of Policy ngmbsr:082695264 Issued to:ALLIED UNIVERSAL TOPCO; LLC By: LEXINGT.ON INSURANCE COMPANY WAIVER OF'TRANSFER OF RIGHTS.OF REC(?VERY AGAINST OTHERS TO 05 This endorsement modifies insurance provided under the following_ SECURITY.GUARD GENERAL AND PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: Where required by written contract. .(If no entry.appears above, information required to:complete this endorsement will be shown.in the Declarations as applicable to this.endorsement) .. The TRANSFER OP RECOVERY.AGAINST OTHERS TO US Condition(Section lV.-CONDITIONS) is amended by the addition'of the following:. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or darhage arising out of your ongoing:operations:or your work"done Onder a contract with that person -r organization and included in the"products-completed operations hazard:"This waived applies only to the Person or organization shown 1n the.Schedule above. All other terms and conditions remain as writte*n. tl rtaaci E s�.nru601.OR �ounteaa�iatur.�glrr,��n wf�erfl-ap{7it�tricr) LEXD00O21 . LX0404 WORKERS.COMPENSATION ANr—APLOYERS LIABILITY INSURANCE Pt,~`-,Y . . WC.00 03'13 - (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - We have the right to recover our,payments from anyone liable for:an injury covered by this policy: 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.)- This agreement'shall not operate directly or indirectly-to berieffit.anyone not named in the Schedule. . Schedule Any,person or organization where waiver of our right to recover is requiredby written contract with.such person or organization.provided such.contract was executed prior to the date of loss: This endorsement changes the.policy to which it is attached.and is"effective on the date,issued unless otherwise_stated.. (The information below is required only When.this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1.1-01-2018 Policy No. RWD3001203-02 Endorsement No: Insured ALLIED:UNIVERSAL TOPCO,-LLC Insurance Company Countersigned by XL Insurance America, Inc., . vvd 00 03.13 (Ed.4-84) 0 iq National Council on compensation Insurance. ADDENDUM TO SECURITY SERVICES AGREEMENT THIS ADDENDUM modifies that certain Security Services Agreement,by,and between C+a O rd'�1"^ DC�erf f+ynEdi("Client")and U.S. Security Associates,Inc. ("Contractor"),dated 1 120 I`) (the"Agreement") I The parties hereby agree to utilize the P3 Mobile technology at a rate of$190.00 per month per device.All other terms and conditions of the Agreement remain in force i IN WITNESS WHEREOF,the parties have each caused this Amendment to be signed and delivered by its duly authorized representative. I CL T U.S.SECURI OCIATES,INC By: By: �• n; Printed Name: (S l l �� Printed Name: '(,�ugA I� Title: Title: �rt WV,1 , WtA+r-,C ✓ Date: 7 i Date: -DCc• 2M t Z o lei i i I I i I I i i Page 1/1 M S,o City of Palm Springs David H. Ready, Esq., Ph.D. * / RAVE� b * City Manager Cq<IFORN 3200 E.Tahquitz Canyon Way,Palm Springs,CA 92262 Tel 760.322.8350 • Fax 760.323.8207 • TDD 760.864.9527 David.Ready@palmspringsca.gov • www.paimspingsca.gov June 8, 2017 1 rTr � U.S. Security Associates Inc. c3 C O 41-921 Beacon Hill Suite B `' r— � Palm Desert, CA 92211 = cam] r— Attn: Richard Wyckoff -" a z4c= Re: City of Palm Springs Unarmed Security Services Agreement Exercise of.—Firs!!of Two One-year Extension Options-Agreement#: A6557 rn Dear Mr. Wyckoff: The City of Palm Springs would like to exercise the first of two one-year extension options to the Contract Services Agreement for Unarmed Uniformed Security Guard Services for Various Facilities and Locations. Pursuant to the contract services agreement entered into on July 1, 2014 for an initial term of three years, and two one-year extension options to be exercised through mutual written consent by both Parties, this letter serves as the City's notice of intention to enter into the first one-year extension option. This option includes a CPI adjustment, All Urban Consumers index using July 2016 for an increase of 1.1% (please see attached), increasing your hourly rates for all locations from $16.70 to $16.88 and the daily rate for patrol of the Desert Fashion Plaza Parking structures from $45 to $45.50 for the period of 7/1/2017 through 6/30/2018. If you consent to this extension, please sign below on both copies of this letter, return one copy to this office and keep one for your files. Thank you for your ongoing services. We look forward to working with U.S. Security Associates, Inc. during the upcoming year. Sincerely, On behalf of U.S. Security Associates, Inc. I consent to the one-year extension, as provided in this letter. David H. Ready, q., City Manager J W. Muldoon III, Region President \Y�°M DHR:ds PO Box 2743, Palm Springs, California 92263 NEWS RELEASE r r� BUREAU OF LABOR STATIST ! C S U S O F P A R I re E PI 0 r l A R o For Release: Friday, May 12,2017 17-605vSAN WESTERN INFORMATION OFFICE-San Francisco Calif Technical informalion: (415)625.2270 8LSinloSF@bts gov www bls gov/rcq,cn5twest Media contact (415)625.2270 Consumer Price Index, Los Angeles area—April 2017 Area prices were up 0.2 percent over the past month, up 2.7 percent from a year ago Prices in the Los Angeles area,as measured by the Consumer Price Index for All Urban Consumers(CPI- U),edged up 0.2 percent in April, the U.S. Bureau of Labor Statistics reported today. (See table A.) Assistant Commissioner for Regional Operations Richard I lolden noted that the April increase was influenced by higher prices for other goods and services and recreation. (Data in this report are not seasonally adjusted.Accordingly, month-to-month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U increased 2.7 percent. (See chart t and iable A.) Energy prices rose 5.6 percent, largely the result of an increase in the price of gasoline.The index for all items less food and energy increased 2.7 percent over the year.(See table 1.) Chan 1.Over-the-year percent change in CPI-U, Los Angeles, April 2014—April 2017 Percenlchange 40 _Al dams 30 AM dens less rood and energy r-- 20 t0 00 -1 a Apr Jul Oct Jan Apr Oct tan Apr Jul Oct Jan Apr 1; 15 16 17 Source US Bureau or LaborSlatatus rood Food prices edged down 0.1 percent for the month of April. (Sec labia 1.) Prices for food at home decreased 1.0 percent, but prices for food away from home advanced 0.9 percent for the same period. Over the year,food prices rose 1.0 percent. Prices for food away from home increased 3.8 percent since a year age,but prices for food at home decreased 12 percent Energy The energy index advanced 0.3 percent over the month.The increase was mainly due to higher prices for electricity(I.1 percent). Prices for natural gas service decreased 0.6 percent and prices for gasoline edged down 0.2 percent for the same period. Energy prices rose 5.6 percent over the year, largely due to higher prices for gasoline(7.3 percent). Prices paid for natural gas service advanced 5.3 percent,and prices for electricity rose 2.4 percent during the past year. All items less food and energy The index for all items less food and energy edged up 0.2 percent in April. I ligher prices for other goods and services(5.2 percent)and recreation(0.8 percent)were partially offset by lower prices for apparel (-2,9 percent)and shelter(41 percent). Over the year, the index for all items less food and energy increased 2.7 percent. Components contributing to the increase included other goods and services(5.3 percent)and shelter(4.7 percent). Partly offsetting the increases were price declines in apparel(41 percent)and education and communication(-2.7 percent). Table A.Los Angeles-Riverslde-Orange County CPI-U monthly and annual percent changes(not seasonally adjusted) Month 2012 2013 2014 2015 2016 2017 Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual MontNy Annual January ............ 0.6 21 08 2 0 D 5 08 -03 -01 07 31 09 21 February . ............. 0.5 21 07 2.2 0.5 05 07 01 0.0 24 06 27 March ............. 1.0 20 01 13 06 to t0 05 03 17 03 27 April 00 1.5 .04 D9 go 14 -0t 05 02 20 OZ 27 May 01 16 01 10 04 17 1.o 11 05 14 ! .04 16 Ot 14 01 1.6 -03 06 01 1.8 July. -01 19 01 13 01 20 07 14 00 11 August 0.6 23 01 08 01 18 03 11 00 1A September 0.4 22 0.2 06 00 17 04 07 02 19 October 08 30 01 01 01 14 02 10 04 2.2 November .......... -1.D 21 05 04 07 13 00 16 �04 1.8 December I...... 1 .07 19 00 1 1 05 07 01 20 00 201 The May 2017 Consumer Price Index for the Los Angeles-Riverside-Orange County is scheduled 10 he released on June 14, 20I7. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services.The Bureau of Labor Statistics publishes CPis for two population groups: (1) a CPI I'or All Urban Consumers(CPI-U)which covers approximately 89 percent of the total population and (2)a CPl for Urban Wage Earners and Clerical Workers (CPl-W) which covers 28 percent of the total population.The CPI-U includes, in addition to wage earners and clerical workers,groups such as professional, managerial, and technical workers, the self-employed,short-term workers,the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food,clothing,shelter,and fuels, transportation tares,charges for doctors'and dentists scrviccs,drugs,and the other goods and services that people buy I'or day-to-day living. Each month,prices are collected in 87 urban areas across the country from about 6,000 housing units and approximately 24,000 relail cstabiishmcnts--deparlmeat stores,supermarkets,hospitals, filling stations,and other types of slores and service establishments.All taxes directly associated with the purchase and use of items arc included in the index, The index measures price changes from a designated reference date(1982-84) that equals 100.0.An increase of 16.5 percent, for example, is shown us 116.5.This change can also be expressed in dollars as follows the price of a base period "market basket" of goads and services in the CPI has risen from$10 in 1982-84 to$l 1.65. For further details sec the CPI home page on the lnlemet at r%x ry his go% cpi and the BLS Handbook of Methods,Chapter 17,The Consumer Price Index, available on the Internet at www,bls.gor opub hom homch17 a.hlm. In calculating the index,price changes for the various items in each location are averaged together with weights that represent their importance in lire spending of the appropriate population group. Local data are then combined to obtain a U.S.city average. Because fire sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences.As a result, local area indexes show greater volatility than the national index,although their long-term trends are quite similar. NOTE: Area Indexes do not measure differences in the level of prices between cities;they only measure the average change in prices for each area since the base period. The Los Angeles-Ri vcrsi dc-Orange County,CA. metropolitan area covered in this release is comprised of Los Angeles, Orange, Riverside, San Bernardino,and Ventura Counties in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202)691-5200, Federal Relay Service: (800) 877-8339. 3 Table 1.Consumer Price Index for All Urban Consumers(CPI-U): Indexes and percent changes for selected periods Los Angeles-Riverside-Orange County,CA(1982-84=100 unless otherwise noted) Item and Group Indexes Percent change from Feb Mar Apr Apr Feb Mar 2017 2017 2017 2016 2017 2017 Expenditure category All items .-.. .,. ...... 253 815 254 525 254 971 27 05 0.2 AD items(1967n100).. .. ._... 749881 751980 75329T Food and beverages .. ,..,, 253 438 254 571 254 321 10 03 -0 1 Food 253 592 254 820 254 444 10 03 •D Food at home.. .. .,.. 254 014 256 216 253 671 -12 -0 1 10 Food away from home ..,... 249 263 249 274 251 S73 36 09 09 Alcoholic beverages ... ..... 236 171 235 676 237 450 06 05 07 Housing ...... .. 285 754 285 975 288 16B 43 01 01 Sheller ...... ... ...... 327 217 327 750 327 432 4 7 01 -0 1 Rent of primary res(dence(1).... 342343 343624 344279 51 06 D2 Owners'equiv rent ofresidences(1)(d) 338967 339317 340072 47 0,3 02 Owners'equiv rent of primary 335 948 339 296 340 053 47 03 02 residence(1)(2),,,, Fuels and utilities. ... 304 509 303 031 3D6 090 34 05 10 Household energy .. ....... 262 666 260 921 263 247 31 0.2 09 Energy services(1) ...... 261 069 259 884 261 715 30 02 07 Elacldcay(1) ... ..... 301917 302157 305458 24 12 11 Utility(piped)gas servxe(t) 212 696 208 109 206 940 53 27 -0 5 Household furr shings and operations 116 737 1%522 117 355 1 4 05 07 Apparel .. ...... 110 245 112 197 108 911 -4 1 12 -2 9 Transportation ...... ..,. 195 460 197 847 198 562 27 1153 04 Pdvala transportation- ...... 190 716 193 043 193,114 28 1.3 00 Motor fuel ..... 227 233 233 940 233 584 74 28 .02 Gasoline(all types) ...... 222 224 228 870 228 523 73 28 •0 2 Gasoline,unleaded regular(3)..... 222.491 229 217 228 867 73 29 02 Gasoline,unleaded midgrade(3) 213.229 219 494 219 006 75 27 02 (4).................. ...... Gasoline,unleaded piemlum(3).... 213 067 219 062 218 778 72 27 01 Medical care-.................. ........ ...... 465.127 465 952 467 445 42 05 0 3 Recreallon(5)................... ........ ...... 106.204 IDS 272 107131 -02 09 0.8 Education and communication(5). .... 143.463 142 117 141 997 �2 7 10 0 1 Other goods and services............ 389.313 390 346 410 527 53 54 52 Commocilly and service group All Hems........................... .3....... ... 253 815 254.525 254 971 27 05 02 Commodities....... ...... ............. ...... 174.964 176116 176.498 0.8 09 02 Commodities less food&beverages...... 134.087 135 189 135 808 0.6 13 as Nondurables less food&beverages.... 175.166 177 662 178 728 2.3 20 06 Durables.............................. 93,819 93 543 93 721 24 .01 02 Services...................... ...... 323 995 324 306 324 808 3.6 03 02 Special aggregate indexes AD items less medical care . . ........... ...... 244.649 245 352 245 756 25 05 02 AN items less shelter.......... ............ ...... 221.661 222 476 223 272 14 07 04 Commodities less food..................... . ...... 138.443 139 522 140 174 06 13 05 Nonducables........... ............ ....... ..... 215.103 217 027 217 511 16 11 02 Nondurables less food 180 565 183 253 184 361 21 19 06 Services less rent of sheller(2).... .. 328 386 326 376 330 104 21 05 us Services less medical care services.. .. 311.735 312 048 312 469 35 02 01 Energy.. _ .. .. .. ...... .... 241.676 245 165 245 637 56 17 03 All items less energy- ._._ . ........ 256658 257164 257596 25 04 02 Note.See lootnoies at end o1 table. 4 Table 1.Consumer Price Index for All Urban Consumers(CPI-U):Indexes and percent changes for selected periods Los Angefes-Riverside-Orange County,CA(1982-84-100 unless otherwise noted)-Continued Indexes Item and Group i Percent change Irom- Feb Mar Apr Apr Fab i Mar 2017 2017 t 2017 2016 2017 p 2017 All Hems bss food andenergy 257518, 257903; 258412 ..E 27 Da" 02 Foolnolo l I This Index series was calculated using a Laspeyres estimalot All other item stratum index West were calculated using a geometric means estimator (2)Index is an a December 1982=100 base (3)Special index based on a substantially smater sample (4)Indexes on a December 1993 100 base (5)Indexes on a December 1997=100 base Data not available NOTE Index applies to a month as a whole not to any specific date 5 ASSIGNMENT, CONSENT AND AMENDMENT AGREEMENT#6557 This Assignment, Consent and Amendment (this "Consent") is entered into as of September 14, 2015, by and among Desert Security Services ("DSS") and U.S. Security Associates, Inc. ("USSA"), and the City of Palm Springs (CITY). RECITALS A. CITY and DSS have entered into a Service Agreement dated July 1, 2014, and subsequent amendments to the Service Agreement. (This Service Agreement and its Amendments are collectively referred to as the "Agreement"). DSS agreed to provide Un- Armed Uniformed Security Guard Services for various City Facilities and locations throughout CITY. B. DSS and USSA have entered into an Asset Purchase Agreement dated June 15, 2015 (the "APA"), pursuant to which USSA will acquire all right, title and interest in and to substantially all of the assets of, and assume certain liabilities associated with, DSS's California operations effective as of June 15, 2015 (the "Transaction"). C. DSS and USSA desire, in connection with the transaction, to have DSS assign to USSA all of DSS's rights and obligations under the Agreement, and to have USSA assume such rights and obligations, and CITY wishes to consent to such assignment and assumption. D. As part of such assignment and assumption, the parties wish to amend the Agreement under the terms and conditions here under. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto, intending to be legally bound, hereby agree as follows. AGREEMENT 1. Continuation of Provisions. Except as expressly set forth herein, all other terms and conditions of the Agreement will remain in full force and effect. 2. Assignment and Assumption. a. Assignment. DSS hereby assigns and transfers over to USSA all right, title and interest in and to the Agreement and USSA hereby accepts such assignment and transfer. b. Assumption. USSA hereby agrees to be bound by all the terms of, and to undertake and perform all the obligations of DSS contained in the Agreement that required performance from and after June 15, 2015. c. Consent. CITY hereby consents and agrees to the assignment to USSA by DSS of all of DSS's rights and obligations under the Agreement and to the substitution of USSA for DSS as a party to the Agreement. CITY specifically agrees that DSS assignment of its rights and obligations under the Agreement to DSS will not constitute a default under the Agreement or permit cancellation of the Agreement by CITY. CITY acknowledges and agrees that as of the Effective Date, neither CITY nor DSS is not in default of any of its obligations under the Agreement and CITY is not aware of any fact or circumstance that is reasonably likely to give rise to a default by USSA under the Agreement. 3. Amendment. Notwithstanding anything contained in the Agreement to the contrary, all notices to Contractor shall be sent to: U.S. Security Associates, Inc. 41-921 Beacon Hill Suite B Palm Desert, CA 92211 Attn: Richard Wyckoff 4. General. a. Effective Date. This Consent shall become effective immediate upon the closing (as defined in the APA). b. Entire Agreement. The Agreement, as amended by this Consent, constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous proposals and understandings, oral and written, relating to the subject matter contained therein. c. Counterparts. The parties may execute this Consent in two or more counterparts (no one of which need contain the signatures of all parties), each of which will be an original and all of which together will constitute one and the same instrument. Facsimile, "pdf' and other electronic signatures shall be deemed to be and shall be treated for all purposes as original signature pages. IN WITNESS WHEREOF, the parties have executed this Consent by their duly authorized representatives as of the date first written above. Desert Security Services U.S. Security Associates, Inc. By: 'Aq;4�2 By: Its: ANWA d k�2 t Its: Area Vt RQe i.Ar✓*- APPROVED BY CITY MANAGER City of Palm Springs how Loh By: Its: APPR AS TO FORM TY ATTORNEY DATE ID• -�i1 IS ATTEST: (ty Clerk AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT UNARMED UNIFORMED SECURITY GUARD SERVICES (Agreement No. t J57 ) THIS AMENDMENT NO. 2 ("Second Amendment") to the Contract Services Agreement for Un-Armed Uniformed Security Guard Services (the "Agreement"), is made and entered into to be effective on the 17th day of June, 2015, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Desert security Services, Inc., a California corporation ("Contractor"). City and Contractor are collectively, the "Parties". RECITALS A. City and Contractor previously entered into the Agreement on July 1, 2014, for the provision of un-armed, uniformed security guard services to the City at various locations in the City. The Agreement was amended on November 1, 2014 to include services to the Palm springs International Airport. B. Section 10.4 of the Agreement provides that it may be amended with the mutual written consent of the Parties. C. Section 1.8 of the Agreement allows the City Manager to order extra work beyond the services specified in the Scope of Services, so long as the total cost of all such extra work does not exceed a total of $25,000. D. The Parties desire to amend the Agreement to allowthe City Manager to order extra work so long as funds to pay for such costs are specifically provided within the City Council's budget for the fiscal year the services are provided. D. City and Contractor desire to further amend the Agreement as provided for herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AMENDMENTS TO AGREEMENT 1. Section 1.8 of the Agreement is amended to read: 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 so long as the costs for such extra work, if any, are specifically provided c7 ( within the City Council's budget for the fiscal year in which such extra services are provided. 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 in v � Section 2.1 of this Agreement and/or (ii) the time to perform this agreement. Any adjustments must also be approved by the Contractor. Any increases in excess of the amounts provided herein, 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 1.8 shall not apply to the services specifically set forth or reasonably contemplated within the scope of Services. 2. Full Force and Effect. All of the terms, conditions, and provisions of the Agreement as amended, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall govern and control. 3. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Second Amendment as of the date first written above. "CONTRACTOR" "CITY" DESERT SERVICES, INC. CITY OF PALM SPRINGS, a California DBA: DESERT SECURITY SERVICES charter city and municipal corporation By: By: --rc%S0 O.J . C.&4,CtA4— r7a.jr; avid H. Ready, Cit an ATTEST: Names� APPROVED F(C,7i Dfl(.'1�110. ames Thompson, City Clerk b•11•aot5 �'� AI-��'� APPROVE TO FORM: By: Dougl s H. Holland, City Attorney i _r AMENDMENT NO. 1 TO AGREEMENT NO. 6557 — DESERT SECURITY SERVICES INC. PALM SPRINGS INTERNATIONAL AIRPORT THIS FIRST AMENDMENT is made and entered into as of the 10th day of No- vember, 2014 (the "effective date") by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), and DESERT SECURITY SERVICES INC., A California Corporation, (herein "Consultant') as follows: RECITALS WHEREAS, the City owns and operates Palm Springs International Airport ("Air- port") located in Palm Springs, California for the convenience of the general public. WHEREAS, City and Consultant entered into that certain Security Services Agreement No. 6557 to provide un-armed uniformed security guard services to the City under the terms of the Agreement.; and WHEREAS, the parties wish to amend the Agreement to increase work assign- ments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Exhibit "A", Scope of Services, dated October 30, 2014 is hereby amended to add the following services to monitor, protect and ensure the integrity of the Air- port passenger terminal exit doors, while preventing access to the sterile area of the terminal facilities through the exit lanes. Task 1 Security services at the passenger exit area $24,900.00 This amendment shall allow a total project sum up to $24,900.00 for necessary security services to prevent and detect unauthorized access and transport of any unauthorized items into the sterile area at the Palm Spring International Airport. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. [SIGNATURE PAGE FOLLOWS] y ii:v,t Amendment No. 1, Desert Security Services Inc. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRING a municipal corporation By: By: City Clerk City Manage APPROVE To FORM: APPROVED BY CITY MANAGER By: Ci A may CONTRACTOR: Check one: _Individual_ Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of the Board. President, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. BY: 5=� Signature (notarized) atu re (notarized) Title: lh c , :1 F.� Title: i x+++xx++xxxxxxx++x+xxxxxxxx+xxx++xxxxxxx++x+++xxxxxx++xx++xxxxxxx++xx++xxxxx+++xxx+xxxxxxx++xx++xxxxx++++x++xxxxxxx+x++x State of C'N c t 16 F'e / /l State of County of C-%f`= ,t n'('u County of On 117 I`f before me, hfG7rytiZcCi(/w On i 1 17 1') before me, personally appeared % r�'ii17P1n) i � '1` tir personally appeared L proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(sl'whose name(s) evidence to be the person(s) whose names(s) is/are subscribed to the within instrument is/are subscribed to the within instrument and acknowledged to me that he/siie/th6y and acknowledged to me that he/she/they exe- cuted the same in helher/#)dr authorized executed the same in his/her/their authorized capacityW, and that by his/her/04elr signa- capacity(is), and that by his/her/their signa- ture(s3 on the instrument the personal, or the tures(s) on the instrument the person(s) or the entity upon behalf of which the personM the entity upon behalf of which the person(s) acted, executed the instrument. acted, executed the instrument. I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under the laws of the State of California that the under the laws of the State of California that the foregoing paragraph is true and correct. a foregoing paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: `" �f`t' w Notary Signature: RICO BANZUELA RICO BANZUELA C0 M. #2000251 z COMM. #2000251 z z Notary Seal:°*My Notary Public - California o Notary Seal i=`+ID NoLos Angelles CouintyniaLos Angeles CountyComm.Expires Dec.7,2016+ My Comm.Expires Dec.7,2016 Exhibit"A" Scope of Services Page 1 EXHIBIT "A" SCOPE OF SERVICES October 30, 2014 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 unarmed uniformed security guard for Desert Security Service at Palm Springs International Airport as specified herein. Responsibility for Exit Lane Access Control: The security guard shall continuously remain at a designated station to monitor, protect, and ensure the integrity of the passenger sterile area exit lane and doors, and ensure the safe and efficient flow of passengers entering the terminal. During the specified hours of coverage, the security guard shall be provided specific instructions and training on how to thoroughly monitor, protect, control, prevent, and react to security issues in the area they are posted or patrol. The security guards shall always remain vigilant alert and physically capable of responding quickly to an unauthorized breach into the secured areas of the airport. Enforcement action related to this job can upon incident involve the pursuit, possibly running, of individuals that breach the barrier, and stop the intruders or maintain visual contact with them until the Law Enforcement Officers and Airport Operations staff respond. The Security Guard will be equipped with an airport radio for controlled communications with various airport support staff. Because of the public visibility and interface incumbent with the positioning of the security guard, there will be general questions from the public requesting general information about the airport. The guard will be provided the appropriate training and information in order to properly respond effectively to these inquires. There are thousands of passengers arriving each day, and because impressions are important to the overall PSP Airport passenger experience, the guard shall be capable of delivering information in a friendly and energetic manner, and be capable of dealing with some potential disgruntled passenger situations. The term "exit lanes" refers to locations where the public (passengers and airport employees) are departing the airport gate sterile areas and then entering into the public areas of the main terminal building. In addition to this area, the security guard may at certain down times, be designated to monitor and control passenger activity at other areas within or in front of the passenger terminal building. REPORT The security guard shall complete a Daily Patrol Report ("Report") to be provided to the airport operations department, or a designee, at the completion of the shift as detailed by each location. Report will include, but not limited to, the listing and description of unauthorized entry attempts, suspicious activities, and number and types of information requests, or other information as required. The security guard may be required to serve as witness to a police report in the case of an incident. Exhibit"A"Scope of Services Page 2 Schedule of Performance Contractor hours shall be Monday through Sunday from the hours of 9:00 am until 5:00 pm. Dates of services shall be December 1, 2014 through May 31, 2015, seven days a week. Hours may be adjusted or modified with a one day notice provided by the Airport Director. • The contract services not to exceed $24,900.00 during this period. • Hourly rate $16.70 Palm Springs International Airport-Guard Service Contractor shall provide all services for the City of Palm Springs International Airport located at 3400 East Tahquitz Canyon Way. • Be able to make a citizen's arrest. • Be able to handle disruptive patrons of all ages, firmly, quietly and appropriately. • Enforce security standards as required by the Airport. • Detect and prevent unauthorized entry of the airport exit lanes. • Work in a positive and helpful manner with the public. • Other duties as assigned and consistent with security guard services Airport to provide: • Work area with chair and/or podium • 2-way radio • Written Instructions and Procedures • Written Airport Information • Relief for restroom stops CONTRACT SERVICES AGREEMENT UN-ARMED UNIFORMED SECURITY GUARD SERVICES FOR VARIOUS FACILITIES AND LOCATIONS THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on Su._y ,L , 2014, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City') and DESERT SECURITY SERVICES INC, a CALIFORNIA CORPORATION, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for un-armed uniformed security guard services for various facilities and locations within the City of Palm Springs("Project"). B. Contractor has submitted to City a proposal to provide un-armed uniformed security guard services 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 Agrce rnent. D. City desires to retain Contractor to provide such CONTRACT services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scone 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 City ("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", respectively, are incorporated by reference and arc 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 determined in the following order of priority: (1`)the provisions of the Scope of Services(Exhibit"A"); (2od)the provisions of the City's Request for Proposal(Exhibit"B"); (3`d) the terms of this Agreement;and,(0)the provisions of the Contractor's Proposal (Exhibit"C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1 , 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 tees,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 as in good faith to execute all instruments,prepare all documents,and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in(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 be in the estimated contract amount of One Hundred Eighty Five Thousand Dollars, ($185,000.00) ("Estimated Contract Amount"),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 2 not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed,Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation(Exhibit"D"), in any month in which Contractor wishes to receive payment,Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth(10)working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45)days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to,any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law;or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 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 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 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However,the term shall not exceed three(3)years from the commencement dale, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in 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,General Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified,any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise,and reputation of Contractor,its principals and employees,were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. if Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s)in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition,neither this Agreement nor any interest in this Agreement may be transferred,assigned,conveyed,hypothecated,or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor,and nothing shall be deemed to make Contractor a City employee. 4 A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of anyjoint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt,obligation,or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers,employees,or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees,servants,representatives, subcontractors,or agents,Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 TvVes of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability(errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two-million dollars($2,000,000.00)annual aggregate, in accordance with the provisions of this section. (1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor;or(b)if Contractor does not provide the certification under(a),Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor 5 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 v b the City Manager. subject to the written approval y ty g (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement,whichever is later. In the event of termination of the policy during this period,new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars($1,000,000.00) and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability,personal injury,independent contractors,broad form property damage,products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full 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. Emolover Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$I0,000,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: 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, 6 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 writ ng 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor,provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue,and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 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 7 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 VIT, 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 famish City with both certificates of insurance and endorsements,including additional insured endorsements,affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, emplovees, and agents are named as an additional insured... "("as respects City of Palm Springs Contract Na"or 'for any and all workperformed with the City" may be included in this statement). 2. "This insurance is priman- and non-contributory over any insurance or self-insurance the Cite may have..."("as respects City of Palm Springs Contract Na"or'for any and all work performed with the City" may be included in this statement). 3. "Should any o(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 most be authorized by a person with authority to bind coverage, whether that is the authorized agentfbroker 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. 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 8 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. if the Agreement is determined to be a"design contract services agreement"and Contractor is a"design contract"under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party";collectively"Indemnified Parties')against any and all liabilities,claims,judgments,arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons(Contractor's employees included) and damage to property, which Claims arise out of,pertain to, or are related to the negligence,recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials,officers,employees, agents and volunteers. B. The Contractor shall require all non-design-contract sub-contractors, used or sub- contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the indemnified Parties. In addition,Contractor shall require all non-design-contract subcontractors,used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement,as well as any other insurance that may be required by Contract Officer, 7. REPORTS AND RECORDS 7.1 Accountine 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. 73 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 9 without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment,Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to 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 California 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 California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 interpretation. This Agreement shall be construed as_a whole according to its fair language and common meaning to achieve the objectives and numoses of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to he construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are tin 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, alter compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount(provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the 10 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. SA 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 Parry may take legal action, in law or in equity,to cure,correct,remedy or recover damages for any default,to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted,to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of anyjudgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30) days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. 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 race,religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment,without regard to their race,religion,color, sex, age, marital status, ancestry,or national origin. Such actions shall include,but not be 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. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law,and in lieu of 11 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 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: Desert Security Services 41-921 Beacon Hill,Suite B Palm Desert,CA 92211 Attention: Jason Jackson Telephone:760-775-0200 Facsimile: 760-791-5 5 76 10.3 Inteerated 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[natter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severabilitv. Whenever possible,each provision of this Agreement shall be interpreted in such a 12 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=essIy provided for in this A¢tcetnent. nothing contained in this Agreement is int aded to confer_wr 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 pera_on 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 thatsuch Party is bound for nurooses of this A=ement,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. 13 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" 7 City of Palm Springs Date;! B . David H.Reader City Manager APPROVED AS FORM: ATTEST DouglA t5Holland, James Thompson, City ttorney City Clerk APPROVED BY CITY COUNCIL: APPROVED BY C1TY COUNCIL 114 2V, �lcg�i�i �k�5�7 Date: Agreement No. "�` �'— Corporations require two notarized signatures. One signature most be from Chairmen of Board,President,or any Vice President. The second signature il be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: DESERT SERVICES, INC. dba: DESERT SECURITY SERVICES Check one Individual_Partnership X Corporation Post ice Box 2130 Address El C 244-2130 By S store 'zed) signs o 'zed) N ma E. Bro Linda L. Brown President Secretary/Treasurer 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OnOW-Y 7 2-017 before me, ^kYAA-�( fU49646 Om Here Ma N. Tae or Vu M. persorallyappeared 1V0"/V1fP1`1AR-0 45ADWAI wmlU m MN 4/ND+q- L� �R�71Nn1 who proved to me on the bass of satisfactory evidence to be tte person(s) whose name(s)jefare subscribed to the within instrument and acknovWedged to me that PedsPa hey eaea9ed the same in bia Mteir authorized capaciVies), and that by ftitrAts Aheir signatuie(s)on the CO BANIUELA Instrument the person(s), or the entity upon behalf of AI commCO ANZUEL#2000 fit = which the person(s)acted,execlded the Yt�umertL Qwy Notary Public•California o zLos Angeles County I certify under PENALTY OF PERJURY under the laws Comm, fim Dec.1 2016 of the State of California that the bregoing paragraph is true and correct_ WITNESS my hand and official seal. Signature IG±"" I / �� vlazeNoary 8W AEVN 9 oPr►onfa�, Trough the k b unallon below is not motdred by lac.h may Prow vakabre to persons morig on fhe document and cordd pmlara haudldent removsl and reef clurwe of Pus form to arrotFwr donaneM. DescrWilon of Attached Document Title or Type of Document C000FOCT- Al& ✓",c fr6r T Daament Date: %,,u.--y -7. "rY Number of Pages: Signers)Other Than Named Above: —_-_--- Caloaclty(ks)Claimed by Signer(s) Signer's Name: Signers Name: 7 Individual ❑Indvidual Corporate Officer—Tlfle(s): ❑Corporate Officer—Tiffe(s): Partner—❑Limited O General ❑Partner—❑Limiled ❑General LJ Attorney in Fact ❑Attorney in Fact • Trustee Tap of MH b Ieee ❑Trustee TOO Ow here © Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Other: Signer is Representing: Signer Is Representing: Oiwe NNarolHmryAaod+bn.i'SOM9op M..PD.�P40Q.d�`avtq.CA Yh313d0P.xwwNetlmtlaWYuO ten YSOT nsudei:Cal Vbn¢1dDUCANit 15 EXHIBIT"A" SCOPE OF SERVICES 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 owned facilities and locations located in Palm Springs as specified herein. The security guard will patrol the facilities/ locations both in the vehicle and on foot to inspect all parts of the facilities for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property. During the patrol rounds the security guard will monitor and report security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the contract officer immediately and documented on the officers own"Daily Activity Report"for their shift. Security guards shall be prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm. Also, the security guard shall be prepared and ready to respond to any and all other emergency situations involving fires, thefts of materials and/or City property, thefts of public or private property, criminal trespass, sex crimes and/or sexual misconduct, vandalism, stalking, workplace violence, disorderly conduct, civil disturbances, panhandling, loud arguments, tights, and any physical and/or verbal confrontations occurring in or around the City facilities being patrolled. REPORT The security guard shall complete a Daily Patrol Report ("Report") to be provided to the contract administrator or his designee at the completion of the shift as detailed by each location. Report is to be for any contact initiated by the security guard against unauthorized parties involving violations or suspicious activities or whose conduct on City property may voluntarily or involuntarily warrant a response from the security guard. The "Report" shall also be completed when reported activity involves response by the Palm Springs Police Department to further document the circumstances and confirm that a Police Report is in the process of being made. Report forms are to be provided by the contractor. Train Station (including Train and Bus Services)—Guard Services Contractor shall provide security guard services for the City of Palm Springs Train Station located at 6001 Palm Springs Station Road according to posts orders below. Security guard shall provide ongoing security patrol to monitor and report on activities related to Amtrak Train and Greyhound bus services at the station. Security guard shall be on site at the station during each scheduled and anticipated actual bus/train arrival/departure and ensure that bathrooms are unlocked and relocked. Security guard coverage will be provided for each scheduled and actual bus/train arrival and departure at the station. Contractor understands that the term "actual bus/train arrival" does not mean the same as "scheduled bus/train arrival" and that scheduled bus/train arrivals and departures frequently deviate from actual bus/train arrivals and departures. It is the contractor's responsibility to contact Greyhound or Amtrak Dispatch to ascertain the dates and times of actual bus/train arrival. In addition, the security guard will be responsible for unlocking and locking the restrooms, checking on the well-being of passengers and assisting any passenger requiring assistance to the extent reasonable under the circumstances. The security guard shall unlock the restroom each and every morning seven days per week from 9:OOAM to 4:00PM. Between the hours of 4:OOPM and 9AM,the restrooms shall be unlocked 30 minutes prior to the bus/train arrival and locked once the bus/train departs. The only time the 16 restrooms shall remain locked is in the event that the security guard is called on an alarm and cannot be at the station or if access to the station is closed due to wind/sand, flooding or other barriers. The restroom may also be temporarily locked if the bathroom is out of service. If it is observed that the restroom is out of service due to maintenance/cleaning issues, security guard shall contact the City's janitorial contractor to service the restroom and stock restroom supplies. If the restroom is out of service due a plumbing issue, security guard shall contact the contract officer and report the problem. If the plumbing problem is observed during a time that City Hall is closed(i.e., evenings after 6PM, Friday's or weekends), the City will provide a point of contact for after-hours repairs for the security guard to contact to arrange for plumbing repairs. In the event of a plumbing emergency, if the City's point of contact is not readily available, security guard shall contact the City's Police dispatch. For all other non-emergency issues like a broken sprinkler head or non-working lights, the security guard shall notify the contract officer and also document such issues in their daily Report. The security guard will maintain a Daily Activity Patrol"Report",recording scheduled and actual arrival and departure dates and times, a count of passengers entering and exiting each busitrain, and all instances that may be of interest to supervisor's or the City's contract officer. The security guard shall complete a "Report" to be provided to the contract officer or his designee that includes all bus/train service incidences. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Schedule of Performance at the Train Station Amtrak Train Operations Contractor shall provide guard services in conjunction with Amtrak's arrival schedule at the station. Security guard coverage begins thirty (30) minutes prior to the train's scheduled or anticipated actual arrival and ends 15 minutes after its departure from the facility. It is the Contractor's responsibility to contact Amtrak Dispatch to ascertain the actual arrival time of the train. **Sunset Limited Route: Arrival Time East Bound—Wed.,Fri.,Mon. 2:02AM West Bound—Mon.,Thur., Sat. 12:36AM Bus Operations Contractor shall provide guard services in conjunction with the bus arrival schedule at the station beginning 30 minutes prior to the scheduled or actual anticipated bus arrival and ends 15 minutes after its departure from the facility. The current daily bus schedule is as follows unless otherwise specified. Schedules are seven days per week: **Greyhound Bus Schedule: 9:30 a.m. West Bound 11:30 a.m. East Bound 12:50 p.m. West Bound 3:30 p.m. East Bound 5:15 P.M. West Bound 9:55 p.m. East Bound City shall notify contractor of any changes to the bus schedule, of which it has received notice from the operator. This schedule shall be considered amended as to the bus schedule upon the City's notice of schedule change to contractor. ** It is the contractor's responsibility to contact Greyhound or Amtrak Dispatch to ascertain the dates and times of actual bus/train arrival. 17 Palm Springs Library—Guard Service Contractor shall provide all services for the City of Palm Springs Library located at 300 South Sunrise Way according to posts orders below. • continuously patrol the interior and exterior of the building; • monitor the public restrooms; • appropriately deal with aggressive,violent,mentally disturbed patrons until the police arrive; • be able to make a citizen's arrest; • be able to handle disruptive patrons of ALL ages,particularly teenagers firmly,quietly, and appropriately; • check the well-being of Library customers and awaken those who are sleeping; • enforce the Library's code of conduct; and • assist with the closing and securing of the building at the end of the business day. Due to the unique architecture of the Library, access to the roof is relatively easy. Under no circumstance shall a guard go onto the roof of the Library at any time. Should a security guard suspect that someone has entered the roof area,the guard shall immediately call the Palm Springs Police. The security guard is also responsible for enforcing the rules and regulations of the Library. The rules arc identified in the section below entitled"Library Public Code of Conduct". Holiday's observed by the Library: New Years' Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Evc Christmas Day LIBRARY PUBLIC CODE OF CONDUCT Approved by the Library Board of Trustees: Original policy:April 2001, Revised: September, 2005, April, 2011, September 2011, November 2011, April 2013 Welcome to the Palm Springs Public Library! The Board of Trustees of the Palm Springs Public Library,by adopting the following code, seeks to ensure that our library provides an atmosphere conducive to appropriate use of its services and facilities.The code is supported by related library policies and procedures. WE EXPECT OUR CUSTOMERS TO: 1. Attend to personal belongings. The Library is not responsible for personal belongings left in or on Library property. The Library reserves the right to confiscate any unattended items and hold them for 24 hours before disposing of them. 2. Use restrooms only for their intended purpose. Bathing or washing of clothes is prohibited. 3. Wear shoes and shirts. Wearing clothing that willfully or lewdly exposes private body parts is prohibited. 4. Maintain bodily hygiene in a manner that does not constitute a nuisance to other persons. 18 5. Use covered containers when bringing beverages into the library and comply with posted `No Food or Eating in the Library' policy(excluded are baby bottles, nursing mothers and food that is part of a Library sponsored event). 6. Use library furniture, equipment and materials for their intended function. 7. Accompany any child under age 12 by an adult over the age of 18. A parent or caregiver is responsible for the safety and well-being of their children on library property. 8. Follow established loan procedures or authorizations before taking Library property or materials from the building. 9. Cooperate with staff and allow belongings to he searched if asked by security or staff. 10. Use all library areas, including library parking areas, sidewalks and lawns, safely and lawfully. 11. Stay out of non-public areas. Adults over the age of 19 should refrain from using the Teen 'Lone and must leave when asked. 12. Leave the library at the designated closing time. 13. Refrain from petitioning, soliciting, gambling, advertising or selling merchandise of any kind for any purpose in the building or within 20 feet of any entrance to the Library on sidewalks leading directly to the building(except as part of a library sanctioned event). 14.Use meeting room in accordance with the PSPL Meeting Room policy. THE FOLLOWING ACTIONS AND FORMS OF CONDUCT ARE NOT PERMITTED: 1. Engaging in any activity prohibited by law. 2. Being under the influence of alcohol or drugs or in possession of any intoxicating drug or alcoholic substance in the Library or on Library grounds. 3. Sleeping 4. Smoking anywhere in the building, inside the Library Courtyard Patio or within 20 feet of any entrance to the Library. 5. Spitting 6. Bringing into the Library more than two personal items described as bags/purses/backpacks,or any oversized item too large to fit under one study chair. 7. Urinating or defecating anywhere on Library property, other than in public restroom facilities. 8. Parking bicycles, wagons or carts anywhere other than the designated bike rack area outside in front of the Library. 9. Utilizing any Library space, seating, tables or equipment for more than one hour without actively using Library resources and services. 10. Disruptive or unsafe behavior which interferes with the use of the library by others or with the staffs ability to function. 11. Using loud,threatening,sexual or any harassing language toward staff or other users. 12.Any sexual misconduct such as exposure or inappropriate touching. 13. Playing any audio equipment or device at a level which interferes with other customers' ability to use the Library. 14. Cell phones must have the ringers turned off and conversations must be held outside. 15.Verbal or physical fighting. 16. Stalking, following, staring or invading another person's physical space causing annoyance or harm. 17. Entering the Library with animals, birds or vehicles, except as required by persons with disabilities. 18. Entering the Library with any firearm,knife or other weapon prohibited by any local, state,or federal law or regulation. 19.Use of skates or skateboards on Library property. 20. Damaging,destroying or stealing any customer's or employee's property. 19 Services at the Library shall be provided under the following schedule: Monday 10:15 am to 6:15 pm(7 hrs); Tuesday 11:15 am to 8:15 pm(8 hrs); Wednesday 11:15 am to 8:15 pm(8 hrs); Thursday 11:15 am to 6:15 pm(6 hrs); Friday 10:15 am to 5:15 pm(6 hrs); Saturday 11:15 am to 5:15 pm(5 hrs); Sunday (library closed hrs). Days and hours of Library operation are subject to change. A one hour lunch break is allowed for in the daily schedule. A Daily Activity Report must be submitted for all working days. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Downtown Parkine Structure—Guard Service Contractor shall provide all services for the City of Palm Springs Downtown Parking Structure which is located at the north-west comer of Batiste Road and Indian Canyon Drive according to posts orders below. A Daily Activity Report must be submitted for all working days. Services at the Downtown Parking Structure shall be Thursday through Saturday 9:00 pm to 2:30 am(5.5 hrs per day). Additional hours may be required on an as needed basis. The following tasks shall be performed: • Continuously patrol the interior and exterior of the structure; • Monitor the public elevators; • Appropriately deal with aggressive,violent,and mentally disturbed patrons until the police arrive; • Be able to make a citizen's arrest;and • Be able to handle disruptive patrons of all ages,particularly teenagers, firmly and appropriately (Former)Desert Fashion Plaza Parking Structures—Patrol Service Contractor shall provide ap trol services for the City of Palm Springs surface parking lot and parking structure located at the northeast comer of Tahquitz Canyon Way and Museum Way, currently the downtown development site,former Desert Fashion Plaza Mall according to posts orders below. Patrol coverage will be provided seven days a week, 52 weeks per year and will consist of five (5) patrol checks per day, from dusk to dawn. Specific times of patrol should be random so not to create a predictable pattern. The patrol shall cover the entire surface lot at the northeast corner of Tahquitz Canyon Way and Museum Way (the"South Structure") as well as all levels of the Parking Structure at Museum Way (the "North Structure"), including the underground levels where open for public access, up to the section owned by the Hyatt for their guest parking. After the construction period on the parking structures is complete and the underground connection between the two structures (the "Connecting Structure") is renovated and open for public use, the patrol will extend from the underground level of the North Structure to the underground level of the South Structure via the Connecting Structure. 20 The security patrol shall complete a Daily Activity Patrol Report (`Report") to be provided to the contract officer or his designee at the completion of each shift. The security patrol will document and report on all instances that may be of interest to supervisors or the City's contract officer and report on safety hazards (including falling debris or ceiling materials due to surface construction), malfunctioning equipment, vandalism to the parking area or surrounding property, and other such matters. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Other Areas As Approved by Contract Administrator The City has on-going various projects at both private and/or public locations that may require un- armed uniformed security and/or patrol services over the next five (5) years. When requested by the contract administrator, contractor shall provide an un-armed uniformed security guard, all supervision, equipment, materials, supplies, and transportation necessary to patroUmonitor/report activities for these various locations in and around the City of Palm Springs throughout the term of the contract as may be directed by the Contract administrator. 21 EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP)#11-14 PROVIDE UNARMED UNIFORMED SECURITY GUARD SERVICES FOR VARIOUS FACILITIES AND LOCATIONS Requests for Proposals (RFP #11-14), for Un-armed Uniformed Security Guard Services for various City facilities and locations 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, APRIL 1, 2014. 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 strongly advise that interested firms officially register 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 to provide un-armed uniformed security guards for various City facilities and locations pursuant to the scope of services as defined herein. SCHEDULE: Notice requesting Proposals posted and issued ..............................................February 27, 2014 Pre-Proposal Conference....................................................Monday, March 10, 2014, 9:OOAM Deadline for receipt of Questions....................................Monday, March 24, 2014, 3:00 P.M. Deadline for receipt of Proposals.......................................Tuesday, April 1, 2014, 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, including 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 Technical 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 proposals for Un-armed Uniformed Security Guard Services to be provided at the following City owned facilities/locations: Train Station (including train and bus services), Palm Springs Library, Downtown Parking Structure, and the (former) Desert Fashion Plaza Parking Structures and 22 other locations as deemed necessary by the Contract Administrator during the term of the contract. 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 owned facilities and locations located in Palm Springs as specified herein. The security guard will patrol the facilities/ locations both in the vehicle and on foot to inspect all parts of the facilities for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property. During the patrol rounds the security guard will monitor and report security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the contract officer immediately and documented on the officer's own "Daily Activity Report" for their shift. Security guards shall be prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm. Also, the security guard shall be prepared and ready to respond to any and all other emergency situations involving fires, thefts of materials and/or City property, thefts of public or private property, criminal trespass, sex crimes and/or sexual misconduct, vandalism, stalking, workplace violence, disorderly conduct, civil disturbances, panhandling, loud arguments, fights, and any physical and/or verbal confrontations occurring in or around the City facilities being patrolled. REPORT The security guard shall complete a Daily Patrol Report ("Report")to be provided to the contract administrator or his designee at the completion of the shift as detailed by each location. Report is to be for any contact initiated by the security guard against unauthorized parties involving violations or suspicious activities or whose conduct on City property may voluntarily or involuntarily warrant a response from the security guard. The "Report" shall also be completed when reported activity involves response by the Palm Springs Police Department to further document the circumstances and confirm that a Police Report is in the process of being made. Report forms are to be provided by the contractor. Train Station (including Train and Bus Services) —Guard Services Contractor shall provide security guard services for the City of Palm Springs Train Station located at 6001 Palm Springs Station Road according to posts orders below. Security guard shall provide ongoing security patrol to monitor and report on activities related to Amtrak Train and Greyhound bus services at the station. Security guard shall be on site at the station during each scheduled and anticipated actual bus/train arrival/departure and ensure that bathrooms are unlocked and relocked. Security guard coverage will be provided for each scheduled and actual bus/train arrival and departure at the station. Contractor understands that the term "actual bus/train arrival" does not mean the same as "scheduled bus/train arrival" and that scheduled bus/train arrivals and departures frequently deviate from actual bus/train arrivals and departures. It is the contractor's responsibility to contact Greyhound or Amtrak Dispatch to ascertain the dates and times of actual bus/train arrival. 23 In addition, the security guard will be responsible for unlocking and locking the restrooms, checking on the well-being of passengers and assisting any passenger requiring assistance to the extent reasonable under the circumstances. The security guard shall unlock the restroom each and every morning seven days per week from 9:OOAM to 4:OOPM. Between the hours of 4:OOPM and 9AM, the restrooms shall be unlocked 30 minutes prior to the bus/train arrival and locked once the bus/train departs. The only time the restrooms shall remain locked is in the event that the security guard is called on an alarm and cannot be at the station or if access to the station is closed due to wind/sand, flooding or other barriers. The restroom may also be temporarily locked if the bathroom is out of service. If it is observed that the restroom is out of service due to maintenance/cleaning issues, security guard shall contact the City's janitorial contractor to service the restroom and stock restroom supplies. If the restroom is out of service due a plumbing issue, security guard shall contact the contract officer and report the problem. If the plumbing problem is observed during a time that City Hall is closed (i.e., evenings after 6PM, Friday's or weekends), the City will provide a point of contact for after-hours repairs for the security guard to contact to arrange for plumbing repairs. In the event of a plumbing emergency, if the City's point of contact is not readily available, security guard shall contact the City's Police dispatch. For all other non- emergency issues like a broken sprinkler head or non-working lights, the security guard shall notify the contract officer and also document such issues in their daily Report. The security guard will maintain a Daily Activity Patrol "Report", recording scheduled and actual arrival and departure dates and times, a count of passengers entering and exiting each bus/train, and all instances that may be of interest to supervisor's or the City's contract officer. The security guard shall complete a "Report" to be provided to the contract officer or his designee that includes all bus/train service incidences. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Schedule of Performance at the Train Station Amtrak Train Operations Contractor shall provide guard services in conjunction with Amtrak's arrival schedule at the station. Security guard coverage begins thirty (30) minutes prior to the train's scheduled or anticipated actual arrival and ends 15 minutes after its departure from the facility. It is the Contractor's responsibility to contact Amtrak Dispatch to ascertain the actual arrival time of the train. **Sunset Limited Route: Arrival Time East Bound—Wed., Fri., Mon. 2:02AM West Bound—Mon., Thur., Sat. 12:36AM Bus Operations Contractor shall provide guard services in conjunction with the bus arrival schedule at the station beginning 30 minutes prior to the scheduled or actual anticipated bus arrival and ends 15 minutes after its departure from the facility. The current daily bus schedule is as follows unless otherwise specified. Schedules are seven days per week: **Greyhound Bus Schedule: 9:30 a.m. West Bound 11:30 a.m. East Bound 12:50 p.m. West Bound 3:30 p.m. East Bound 24 5:15 p.m. West Bound 9:55 p.m. East Bound City shall notify contractor of any changes to the bus schedule, of which it has received notice from the operator. This schedule shall be considered amended as to the bus schedule upon the City's notice of schedule change to contractor. ** It is the contractor's responsibility to contact Greyhound or Amtrak Dispatch to ascertain the dates and times of actual bus/train arrival. Palm Springs Library—Guard Service Contractor shall provide all services for the City of Palm Springs Library located at 300 South Sunrise Way according to posts orders below. • continuously patrol the interior and exterior of the building; • monitor the public restrooms; • appropriately deal with aggressive, violent, mentally disturbed patrons until the police arrive; • be able to make a citizen's arrest; • be able to handle disruptive patrons of ALL ages, particularly teenagers firmly, quietly, and appropriately; • check the well-being of Library customers and awaken those who are sleeping; • enforce the Library's code of conduct; and • assist with the closing and securing of the building at the end of the business day. Due to the unique architecture of the Library, access to the roof is relatively easy. Under no circumstance shall a guard go onto the roof of the Library at any time. Should a security guard suspect that someone has entered the roof area, the guard shall immediately call the Palm Springs Police. The security guard is also responsible for enforcing the rules and regulations of the Library. The rules are identified in the section below entitled "Library Public Code of Conduct". Holiday's observed by the Library: New Years' Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day LIBRARY PUBLIC CODE OF CONDUCT Approved by the Library Board of Trustees. Original policy:April 2001, Revised. September, 2005, April, 2011, September 2011, November 2011, April 2013 Welcome to the Palm Springs Public Library! The Board of Trustees of the Palm Springs Public Library, by adopting the following code, seeks to ensure that our library provides an atmosphere conducive to appropriate use of its services and facilities. The code is supported by related library policies and procedures. 25 WE EXPECT OUR CUSTOMERS TO: 1. Attend to personal belongings. The Library is not responsible for personal belongings left in or on Library property. The Library reserves the right to confiscate any unattended items and hold them for 24 hours before disposing of them. 2. Use restrooms only for their intended purpose. Bathing or washing of clothes is prohibited. 3. Wear shoes and shirts. Wearing clothing that willfully or lewdly exposes private body parts is prohibited. 4. Maintain bodily hygiene in a manner that does not constitute a nuisance to other persons. 5. Use covered containers when bringing beverages into the library and comply with posted 'No Food or Eating in the Librar/ policy (excluded are baby bottles, nursing mothers and food that is part of a Library sponsored event). 6. Use library furniture, equipment and materials for their intended function. 7. Accompany any child under age 12 by an adult over the age of 18. A parent or caregiver is responsible for the safety and well-being of their children on library property. 8. Follow established loan procedures or authorizations before taking Library property or materials from the building. 9. Cooperate with staff and allow belongings to be searched if asked by security or staff. 10. Use all library areas, including library parking areas, sidewalks and lawns, safely and lawfully. 11. Stay out of non-public areas. Adults over the age of 19 should refrain from using the Teen Zone and must leave when asked. 12. Leave the library at the designated closing time. 13. Refrain from petitioning, soliciting, gambling, advertising or selling merchandise of any kind for any purpose in the building or within 20 feet of any entrance to the Library on sidewalks leading directly to the building (except as part of a library sanctioned event). 14. Use meeting room in accordance with the PSPL Meeting Room policy. THE FOLLOWING ACTIONS AND FORMS OF CONDUCT ARE NOT PERMITTED: 1. Engaging in any activity prohibited by law. 2. Being under the influence of alcohol or drugs or in possession of any intoxicating drug or alcoholic substance in the Library or on Library grounds. 3. Sleeping 4. Smoking anywhere in the building, inside the Library Courtyard Patio or within 20 feet of any entrance to the Library. 5. Spitting 6. Bringing into the Library more than two personal items described as bags/purses/backpacks, or any oversized item too large to fit under one study chair. 7. Urinating or defecating anywhere on Library property, other than in public restroom facilities. 8. Parking bicycles, wagons or carts anywhere other than the designated bike rack area outside in front of the Library. 26 9. Utilizing any Library space, seating, tables or equipment for more than one hour without actively using Library resources and services. 10. Disruptive or unsafe behavior which interferes with the use of the library by others or with the staffs ability to function. 11. Using loud, threatening, sexual or any harassing language toward staff or other users. 12. Any sexual misconduct such as exposure or inappropriate touching. 13. Playing any audio equipment or device at a level which interferes with other customers' ability to use the Library. 14. Cell phones must have the ringers turned off and conversations must be held outside. 15. Verbal or physical fighting. 16. Stalking, following, staring or invading another person's physical space causing annoyance or harm. 17. Entering the Library with animals, birds or vehicles, except as required by persons with disabilities. 18. Entering the Library with any firearm, knife or other weapon prohibited by any local, state, or federal law or regulation. 19. Use of skates or skateboards on Library property. 20. Damaging, destroying or stealing any customer's or employee's property. Services at the Library shall be provided under the following schedule: Monday 10:15 am to 6:15 pm (7 hrs); Tuesday 11:15 am to 8:15 pm (8 hrs); Wednesday 11:15 am to 8:15 pm (8 hrs); Thursday 11:15 am to 6:15 pm (6 hrs); Friday 10:15 am to 5:15 pm (6 hrs); Saturday 11:15 am to 5:15 pm (5 hrs); Sunday (library closed-0 hrs). Days and hours of Library operation are subject to change. A one hour lunch break is allowed for in the daily schedule. A Daily Activity Report must be submitted for all working days. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Downtown Parking Structure —Guard Service Contractor shall provide all services for the City of Palm Springs Downtown Parking Structure which is located at the north-west corner of Baristo Road and Indian Canyon Drive according to posts orders below. A Daily Activity Report must be submitted for all working days. Services at the Downtown Parking Structure shall be Thursday through Saturday 9:00 pm to 2:30 am (5.5 hrs per day). Additional hours may be required on an as needed basis. The following tasks shall be performed: • Continuously patrol the interior and exterior of the structure; • Monitor the public elevators; • Appropriately deal with aggressive, violent, and mentally disturbed patrons until the police arrive; 27 • Be able to make a citizen's arrest; and • Be able to handle disruptive patrons of all ages, particularly teenagers, firmly and appropriately (Former) Desert Fashion Plaza Parking Structures— Patrol Service Contractor shall provide ap trol services for the City of Palm Springs surface parking lot and parking structure located at the northeast corner of Tahquitz Canyon Way and Museum Way, currently the downtown development site, former Desert Fashion Plaza Mall according to posts orders below. Patrol coverage will be provided seven days a week, 52 weeks per year and will consist of five (5) patrol checks per day, from dusk to dawn. Specific times of patrol should be random so not to create a predictable pattern. The patrol shall cover the entire surface lot at the northeast corner of Tahquitz Canyon Way and Museum Way (the "South Structure") as well as all levels of the Parking Structure at Museum Way(the "North Structure"), including the underground levels where open for public access, up to the section owned by the Hyatt for their guest parking. After the construction period on the parking structures is complete and the underground connection between the two structures (the "Connecting Structure") is renovated and open for public use, the patrol will extend from the underground level of the North Structure to the underground level of the South Structure via the Connecting Structure. The security patrol shall complete a Daily Activity Patrol Report ("Report")to be provided to the contract officer or his designee at the completion of each shift. The security patrol will document and report on all instances that may be of interest to supervisors or the City's contract officer and report on safety hazards (including falling debris or ceiling materials due to surface construction), malfunctioning equipment, vandalism to the parking area or surrounding property, and other such matters. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Other Areas As Approved by Contract Administrator The City has on-going various projects at both private and/or public locations that may require un-armed uniformed security and/or patrol services over the next five (5) years. When requested by the contract administrator, contractor shall provide an un-armed uniformed security guard, all supervision, equipment, materials, supplies, and transportation necessary to patrol/monitor/report activities for these various locations in and around the City of Palm Springs throughout the term of the contract as may be directed by the Contract administrator. 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 contractism 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. 28 5. SELECTION PROCESS: This solicitation has been developed in the Request for Proposals (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) 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 speck evaluation criteria stated in Section 6 above. The proposals must be in an 8 1/2 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 "Original' plus five (5) copies) of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, 'RFP #11-14, REQUESTS FOR PROPOSALS FOR UN-ARMED UNIFORMED SECURITY OF VARIOUS CITY FACILITIES AND LOCATIONS 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. 29 EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "TechnicalfWork 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: 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 RFP 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 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. BA 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. 30 SECTION C: ASSIGNED SUPERVISOR/ACCOUNT MANAGER AND STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING IN UNARMED UNIFORM SECURITY SERVICES CA 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 their daily security and patrol services- C. 4 Provide a detailed account of what your firms patrol service includes and based on the specifications defined for areas needing only patrol services, approximately how much time is recommended to complete the patrol. SECTION D: LOCAL PREFERENCE D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including contractor 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 contractor 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 contractor 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 will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-contractors 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. 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 (*see Attachment"C") 31 EA 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: 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, APRIL 1, 2014. 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. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Leigh Gileno- Procurement Specialist II 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gilenoapalmspringsca.gov 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, Monday, March 24, 2014. 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 will 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. 32 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 Citys 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. 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 33 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 NOT 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 NOW 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. NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non- Collusion provided as Attachment "B" in the RFP and include it with their proposal. 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. 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. 34 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (Envelope#1)* REQUESTS FOR PROPOSALS (RFP) #11-14 UWARMED UNIFORM SECURITY GUARD SERVICES FOR VARIOUS CITY FACILITIES AND LOCATIONS SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELLPHONE FAX CONTACT PERSON EMAIL ADDRESS A. 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: 2. My tax identification number is: CHECK IF THE FOLLOWING STATEMENT APPLIES: My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a jurisdiction within the Coachella Valley is required to be attached to this document in order to request the Local Preference. 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 Addendum: Addendum(s)# is/are hereby acknowledged. 35 ATTACHMENT"B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALANORK 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 day of 2014. 36 ATTACHMENT"C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE#2 "Cost Proposal', NOTwith Envelope#1, Technical/Work Proposal*) REQUEST FOR PROPOSAL (RFP#11-14) UNARMED UNIFORMED SECURITY GUARD SERVICES FOR VARIOUS CITY FACILITIES AND LOCATIONS COST PROPOSAL Responding to Request for Proposal No. 11-14 for Un-armed Uniformed Security Services Guard Services for various city facilities and locations, IIWE 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 on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days. Train Station (including Train and Bus Services) Guard Hourly Rate. Palm Springs Library Guard Hourly Rate: Downtown Parking Structure Guard Hourly Rate: (Former) Desert Fashion Plaza Parking Structures Patrol Daily Rate: Posted Un-armed Uniformed Security Guard Services for Public or Private Property Guard Hourly Rate: Patrol Un-armed Uniformed Security Guard Services for Public or Private Property Patrol Hourly Rate: 37 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/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 pane MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date 38 ATTACHMENT "D" 6Q • %i �9 a City of Palm Springs , tr � ciryGis l M Security Service Sites-Train Station curb X tr9 Wp d KyMs Keserved tlx rl W appr co OXG I w k is I e by & prop O or s carhervfor euPOled VKbr Icxse ene my not be apprwea meepl es Ycensetl b/pglN Mep Protlucle 39 Y _ C Da.en Pert An a llWiad fCJNt.W.v A Sn...n Ads W Pana.any Rd 9 = S [Cfikdkw•lla Ad a � F d 7• 0 Mel A A[Db IIO E L2 Y u y' }, LirIM VM[e Ao a Z A [T.cnw.n or � �1 E L W Outa a San Lcinb W.v Z c ' \ W IXoun In view M a ' " a E Ve.Aen.Di, E Gmiro Pe�k.rb y G W C.nYon Pi a g LZ fVaAX�NrA Z a 1 _ W[wrto.I n .- _. bi = E L..nw vbwr.0 3 �j—W Ukra Or-- a [Vla tolu.ai E-Alio-Rd ? C oe.crl Pelr Or u C M[M._ d D ' W Aaurda " . !■IrIAdA Ad posertFsttlon I EAnd/aYIY� n t q [anyomlN I � Neen Rme[e L.Plr ° w A.en..Re Downtowf.' 2 r C [A,....Rd F A� ^ arking e s ' [.... �tr'Ll Lure s CM.bro Rd .. W I.bl.Dr E w �• �-.--� x w s.n[.R.Or N 3 M Y w Mor.ea rt.n x_&M I a—E-Ramon'Rd r <E� M C Om+ro am•Iw u !IV h.ren Or O 4 ,,n S i w.rm s.nd.PI -- C i y E Sunny Duna.Ad M ! ] E S.n Luc..Rd u d EX R.r.rs16.Or S R W er.ld•Or a C S•n Loreneo Rd �yl—FMesqulte-Ave— — E..b V.rdA Av. G'pI.,T.W�.Gqs 4m Raa.a EOranlb Av Green Turlb W.Y ePln e. City of Palm Springs i "09 tr a` i CityGIS Security Service Sites N CopynQ"0 2000 All R9hl5 Reserved The Y110rmat i:in Conlaned hwen l2 the proprietary property d the contribulor supplied under Iicen:e and may not be Approved emept es beenseo IN Cngtal Map products 40 EXHIBIT"C" CONTRACTOR'S PROPOSAL 41 i � tWMd 4b tespvnu 4 -..x. �K`•. Vl PASSPORT PASSEPORT `J•�`�—*� + 'i� PASAPORTE P ;; 506975490 ,,... xam AEdus BROWN ' e.n�Hama'YRrcm:.lk+nnes NORMAN EDWARD UNITED STATES OF AMERICA i"..11 ull?t,hall h nacirlfll Fx[lu Qe ruumxnx 29 Dec 1952 PgS<dv�M'UcuQmW.ucplluprrk nyinwao ic• i< .Fa.c -`w CALIFORNIA.U.S.A. M ].rktmm.One o-:mr:orce'Fernrm oµvP'✓e Axhvxv'Anuxe4aaMW 27 Auq 2013 United States x/ wit cl tyvia x,ov�uemni.m Femkw 4i, Department of State s, 26 Aug 2023 SEE PAGE 27 P<USABROWN<<NORMAN<EDWARD«««««««««< 5069754905USA5212291M2308261257709425<496064 PASSPORT PA55FPGRT PASAPORTE Typefivpellllp 116 44, a-:;nnfl OD 07 Pa="ttM�Pev�,ie ��� P USA 506975491 uan-:arc.,kc ._ BROWN rNsxm N+mr./I�Cmns/1lwrtbes' LINDA LEE Help 14 I Nal.Me Itncl A9 UNITED STATES OF AMEMA E,r.=G Gnn:C,!e N.,r. f�. .. 21 Feb 1952 pattU h,tnteutru,m!5ellurf.�l ra'„iimn!� ••,. ..::"E/•i CALIFORNIA.U.SA. F Date 0 *i,vsle Y N.w,,acl Feoln JeeHpeehohn aNhpilYlkAGile/ANG�6iG 27 Aua 2013 United States % Cxetl esnwU^r oaJe?unRlvp:=e;k,a<exo:�m° Department of State -' 26 Auq 2023 _ _ - 3 - - SEE PAGE 27 P<USABROWN<<LINDA<LEE«««««««««««< 5069754916USA5202212F2308261257709424<096748 1 TECHNICAL/WORK PROPOSAL { <: SEA C C , hjT Y Sig 500 Desert Security Services 41 -921 Beacon Hill, Suite B Palen Desert, California 92211 (760) 775-0200 �J c) O E� O 0 C411FORN,P 0 0 City of Palm Springs 0 0 Request for Proposal 0 0 oUnarmed Security Services Issue date: OFebruan.27,2014 0 Closing location: 0 _ MAHdCOURIEWBY HAND City of Palm Springs Procurement and Contracting Office 0 3200 E,Tahquitz Canyon Way 0 Palm Springs,California 92262 0 Attention: Leigh Gileno,Procurement Specialist 11 0 0 Closing date and time: complete hard copies to be received before 3:00 Pm Pacific Time on 0 April 1,2014 0 0 Contact persons: 0 Leigh(Meno, Procurement Specialist 11 0 (760)322-8373 0 0 uaaart Security aarricaa-March 2014 Page 2 0 C) J U Table of Contents } Executive Summary Identification of Proposer...........................................................4 �) A. SECTION A..............................................................................5 �) A.1 Attachment A------------------------------------------------......_....._............................. 6 A.1 City of Palm Desert Business License.............................................. 7 t� A.1 Attachment B........................................................................_..................8 A.1 Notary Seal............................................................_.................................. OA.2 Number of Years Experience............................_........................_...........9 A.2 Backgroung and Qualifications................................_............................9 lJA.3 References................................................................................................9,10 B. SECTION B ............................................................... 11 0(, B.1 Project Understanding and Expectations._...........................................12 B.2 "Key"or"Critical"issues to be addressed...........................................12,13 0 C. SECTION C ............................................................... 14 C.ta Organizational Management Approach.............._..................................15 C.1b Quality Assurance Program....................................................................15 0 C.tc Contract Company Management and Commitment..............................16 0 C.1d Mobilization Team.................................._..............._.._............................16 C.1e Resumes(Transition Team}....................................................................16-18 (D C.1f Training History.......................................................................................19 C.2 Education and Training.........................................................................19 0 C.3 Sample Daily Activity Log&Incident Report........................................19 0 CA Patrol Services...................................................._....................................20 0 D. SECTION ............................................................... 21 0 D.1 Proof of Local Preference................._...............................................22 ® D.2 Desert Security Team Members.......................................................22 C) Q 0 0 0 0 0 c> 0/�'� 4� Dearrt Security Servicer March 2014 Page 3 0 0 0 E) U L) EXECUTIVE SUMMARY (, The City of Palm Springs is a desert resort city in Riverside County,California,within the Coachella Valley. Palm 0 Springs is the largest land area city within Riverside County covering nearly 94 square miles, and has a permanent 0 year round population of 45,000.The City of Palm Springs is a resort city with much to offer, and strives to be a destination location and the"first choice"of vacationing families within the region. This philosophy is not much �) different than Desert Security Services(DSS)vision;we also want to be the"fast choice", in the Security industry!ll (.) We believe that it's the "little things" that separate us from the rest of our industry. Large corporate security 0 rl companies have long forgotten the bread and butter of our industry, "customer service". We at DSS believe in treating ALL of our clients as though they are our ONLY CLIENT not as a number on a client list. We strive to 0 "provide the best quality security service to our customers', AL WAYSHI DSS has and adheres to our motto of 0 "Protecting our Valley's Assets". Although sometimes the processes may be complex in nature, the results should 0 always be the same-the highest quality service. Our first and foremost conecm is to always provide the best trained and most professional security force that will exceed all of your expectations in what you believe a private security 0 service should be- 0 Our response to this City of Palm Springs RFP is based on your requirements and needs. Our proposal focuses on 0 our Transition Team's experience, our dedication to "attention to detail," customer service, technology and 0 equipment, training, as well as assuring you that we not only will provide the best trained staff in the beginning, but 0 will always maintain that standard throughout the duration of the contract. QBelow are some items that we believe sets us apart from other security companies: !0 Y Only locally owned and operated Security and Investigation Company serving all arras within the Coachella, 0 Imperial,and Yuma Valleys. 0 i State Certified&Licensed Security Officer]raining School. 0 ➢ Highest quality and most advanced security technology on the market today(Desert Tmc®) O ➢ Proprietary multichannel UHF repeater radio system throughout Coachella,Imperial County&Yuma,Arizona. ➢ Operates the only 24/7/365 I"OCAI,dispatch center in the Coachella,Imperial and Yuma Counties Q D Transition Team's knowledge and experience(Over 60 years of Local experience in the security industry) partnering Y Earned the respect of Local,County,Stale and Federal law enforcement agencies Desert Security Services looks forward to parting with the staff of Palm Springs to provide the highest quality security services for the City of Palm Springs facilities, its workers and your visitors. We will work to make the 0 transition a smooth and stress-free experience. We certainly understand the needs and unique challenges in the Coachella, Imperial and Yuma Valleys and we believe that that is why we have grown to the largest professional security company within Imperial County,and why we believe that we will soon be able to echo that statement for the C) Coachella Valley very soon. IDENTIFICATION OF PROPOSER 0 1, Desert SerWers.Inc./dba:Desert Security Services 41-921 Beacon Hill,Suite B,Palm Desert,Ca 92211 0 2. Desert Security Services is a California Corporation#2624512 0 3. Desert Security Services is not a subsidiary of a"parent company". 0 4. Proposal contact,Jason Jackson—General Mona¢er j 0 41-921 Beacon Hill,Suite B.Palm Desert,California 92211 Corporate Mailing Address: Post Office Box 2130,El Centro,California 92244 0r-� Office: (760)370-5700 FAX: (760)370-3085 0 Cell: (760)791-5576 Emall:)LacksonQdescrt a uritvserviem.com 0 0 Desert Security Services Mareh 2014 Page 4 0 0 O U v SECTION A U O O O O , p 9�SE�T O O O O O Ys Soo O O 0 O O 0 Firm, Staff, Team o Qualifications, Training 0 and Experience a O^ 0 Derert Seeurby Swvlm March 2014 Make 5 01 U (J (7 C) Al. Attachment A �) ATTACHMENT"A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (Envelope#1)' `..� REQUESTS FOR PROPOSALS(RFP)#11-14 (� UWARMED UNIFORM SECURITY GUARD SERVICES FOR VARIOUS CITY FACILITIES r) AND LOCATIONS E� SIGNATURE AUTHORIZATION () NAME OF COMPANY(PROPOSER): Desert Security Services U BUSINESS ADDRESS 41-921 Beacon Hill,Suite B Palm Desert,California 92211 01 TELEPHONE: 760-370-5700 CELLPHONE 760-79"576 FAX 760-370.3035 _ CONTACT PERSON Jason Jackson EMAIL ADDRESS m v A. 1 hereby certify that 1 have the authority to submit this Proposal to the City of Palm Springs for the O above listed individual or company. I certify that I have the authority to biad myselftthis company in a Ocontract should I be successful in my proposal. © Jason Jackson,General Manager Of �RIN E M ND TITLE V SIGNAVRE AND DATE OB. The following information relates to the legal contractor listed above, whether an individual or a Qcompany. Place check marks as appropriate: Q1. If successful,the contract language should refer to melmy company as. © _An individual; © A partnership,Partners'names: W A company; O X A corporation If a corporation,organized in the state of:California Q 2. My tax identification number is: 20-0826660 r.'Q'��� CHECK IF THE FOLLOWING STATEMENT APPLIES: V X My fimu'com ov of pany is a Local Business(Licensed within the jurisdiction of the Coachella Valley). Co 0 c rrent bus ness I"cerise f i,ri,d*&6on -'thin the .oa hella Valley Is reouired t be attached t othis document in order to reg r st the Local Preference, ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the 0 acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal O being deemed non-responsive. 0 In the space provided below,please acknowledge receipt of each Addendum: Addendum(s)# 1,2,and 3 islare hereby acknowledged. 0 0 Descrt Security Services March 2014 Page 6 O C� O t) Attachment A Cont. C.� City of Palm Desert 73-510 RSA WaNnB Dft.,Frm Desert-CA 92M (780{346-0511 (� CERTIFICATE ONOT TRANSFERABLE /V BUSINESS NAME: DESERT SECURITY SERVICES INC V BI161NESS WCAT10N; AS73811 SECURITY GUARD 41921 BEACON HILL B PLMD V BUSINESS OWNER DESERT SECURITY SERVICES IN �l 41303 13-000535 O DESERT SECURITY SERVICES INC P O BOX 2130 11/30/14 EL CENTRO CA 92244 C] .wy wyy�y� C) ��.'ae]nS�1441wI MY.MYMM S.sonnnw a Iles rwN.m r.11en r mmrre. I O C) C) /C) V C) C] O O © I Q C] Deesrt Security Services March 2014 Pape 7 (� ATTACHMENT B ATTACHMENT"B" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL(Envelope#1)' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY �.� PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA)ss O COUNTY OF RIVERSIDE) U Q The undersigned, being first duly sworn, deposes and says that he or she is ' Jason Jackson General Manager of Desert Security Services ,the party O 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 Q directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, Q 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 O 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 (J the proposed contract; that all statements contained in the Proposal are true: and, further, that O 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, Q organization, Proposal depository, or any other member or agent thereof to effectuate a o collusive or sham Proposal. � By: OTitle: General Manager Subscribed and sworn to before me this 26 day of March .2014. U� mt Srourin Sun icrx 0lan'h lOiJ Page 8 O O O State of California County of Imperial Subscribed and swom to (or affirmed)before me on this Tom_ day of March 2014 ,by D. Kim Freirg proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. O _ 0.KIME NOTARY PUBLIC C-"OAUrORNIA O IMPERIAL COUNTY Gomm Exo.Jvne 30,20tt O Q (Seal) Signature 0 Q n 0 0 0 O O (� A2a. Number of Years of Experience (-� Desert Security Services has been in business since 1997,seventeen(17)years. (j Alb. Background and Qualifications Desert Security Services is the largest and most trusted private security service in hnperial County,and quickly becoming a leading provider of security services in the Coachella Valley. As such, DSS serves as the contract �) company for such agencies as the County of Imperial, Heritage Palms HOA, City of Coachella, U.S. Marshall's Service, Coachella Valley Water District, Granite Construction, Imperial Irrigation District, (� Indian Springs IIOA, imperial County Sheriff's Department, PGA West Master Ill and on April 27s' we �) will add JFK Memorial Hospital to our ever growing list of top notch clients in the Coachella Valley.Most of these clients maintain highly sensitive operations which necessitates the highest levels of professionalism and 0 knowledge of security& safety procedures.Our"Project Team"is highly motivated and progressive in going 0 above and beyond the expectations of each of our clients. We believe in working with our clients to form o "partnerships" and assist our clients in exceeding their goals and expectations in the fields of safety and security. O Our "Project Team" has worked together for many years and on many projects, both in transition and in maintaining all client services.Having the luxury of an experienced"Project Team"that has been through most Oeverything together greatly benefits our clientele.Our team members not only fully understand their roles,but Qarc,comfortable and secure in performing them.This"teamwork"altitude allows our team to never be surprised Oor caught off guard when an issue or an emergency may arise. O A3. References O 1. County of Imperial �µ�d• Q Ralph Cordova—CEO / `s< O 940 West Main Street ('� El Centro,Californiaa 92243 © (760)482-4290 Office(760)482-4215 Fax C4erroR�`V 0 ra►phe ordovalako.imoerial.ca.us 0 a DSS provides both armed and unarmed security for all of the County facilities throughout Imperial QCounty.DSS is charged with building security and the personal security of County employees and their O clientele. Q ➢ Total Annual Gross Contract S 743,513.43 0 0 2. City of Coachella 0 Maritza Martinez-Public Works Director 53462 Enterprise Way Coachella,California 92236 0 (760) 501-8111 Office(760)398-1630 Fax (�) It maltincza-coachella.org O o DSS provides Roving Patrol security for all of the City's Public Works facilities,as well as the cities Q Lighting and Landscape Districts throughout the City of Coachella. ^0 ➢ Total Annual Gross Contract S 86,643.39 `l Desert Security Scrvkes March 2014 i'aRe 9 C../ 0 0 c) (.) - 3. Imperial Irrigation.District (.) Kerry Van Bebber—Security,Claims&Investigations Director TTT 321 S.Waternum,Suite 100 1181811 ( ) El Centro,California 92243 O (760)339-9413 Office(760)339-3986 Fax (� kdvanWbbuE@iid.win (� o DSS provides unarmed security for all of the BD facilities throughout Imperial and Riverside Counties. O DSS is charged with building security and the personal security of III)employees and their customers. O D Total Annual Gross Contract $2,103.958.22 O 4. PGA West Master Association,Inc O Robert Pantanella—Directororof Community Services P.O.Box 1516 n La Quinta,California 92253 O (760)564-1032 Office PGA WEST. O robcrtj2ama12I2@y@jhgo.ro O ,+DSS provides both Unarmed and Roving Patrol security for a0 seven(7)of the gated communities © within the PGA Master Association.DSS is charged with maintaining a safe and secure community and responding to calls for service 24/7/365. U ➢ Total Annual Gross Contract $1,402,300.80 O 5. Coachella Valley Water District 0 Anthony R.Lamudio—Manager,Safety&Training z Q P.O.Box 1058 Coachella,California 92236 (760)398-2661 ext. 2285 Office(760)398-3711 Fax azamudio cvwd.ore �� •a DSS provides both Unarmed and Roving Patrol security for all of the District facilities throughout both Li Riverside and Imperial Counties.DSS is charged with building,infrastructure and personnel security 0 throughout the Districts region. 0 ➢ Total Annual Gross Contract S 176,100.48 O d 6. Talvera Homeowners Association T �� O Rosanna Cardenas,CCAM—Director of Operations. TA l /lV L J�D i�L L 36-953 Cook Street,Ste. 101 0 Palm Desert,0-55 California 760)3 l (� (760)360.5580 Office(760)360-5588 Fax azamudio cvwd.org a DSS provides both Unarmed and Roving Patrol security for this gated community of 782 homes.DSS is n charged with maintaining a salt and secure community and responding to calls for service 24/7/365. 0 ➢ Total Annual Gross Contract $59,342.88 0 0 0 Desert security Services Much 2014 Pxge III 0 C) C) SECTION B 0 O O O O O O O O O O O U 0 O O 0; Proposal Organization, Conformance © with RFP Instructions, and Demonstrated Understanding of the 0 Overall Project and Requested Scope 0 of Work 0 0 ODesert Security Services Marry 2014 Page 11 0 EJ Bl. Our understanding of the project and the City's expectations upon implementation of the services. l Desert Security Services fully understands this project,as defined within the RIP. Honestly,our review of your"Scope of Work"for this RFP brought us no hesitation or pause.The work is clearly defined as: A. On-Site Security Services for your Amtrak and Bus operations.We understand that although there is a "schedule", this only serves as a guideline and that our dispatchers will need to rarity updated arrival and departure times prior to all published times. B. On-Site Security Services for your Public Library. We have made ourselves aware of the �) hours of operations, scheduled holidays and levels of responsibility expected from the C) officer assigned. We not only took part in the walk through that you provided, but we also went back and interviewed the officer that is currently assigned. He provided an excellent Q breakdown of what happens on a daily basis within the interior and also the exterior of your facility. r, C. On-Site Security Services for your parking structure in the downtown area. We understand ^J the three(3)day schedule, and have become familiar with some of the past incidents that rlr,l security has encountered at this location. V D. Patrol Service for the(Former) Desert Fashion Plaza parking structure. We understand the O level of frequency and service arcs in regards to this facility. We also acknowledge that the © service area will evolve and expand as construction is completed on the new downtown Oproject area. E. We acknowledge that during the course of this contract with the City of Palm Springs,other needs for security services may arise,and we are fully committed in providing the best and most qualified staff to suit your needs. 112. "Key" or "Critical' issues that may be encountered based on past experience, and the steps that we will take to ensure that issues are first, identified and then the appropriate measures are taken to insure our success in fulfilling all aspects of this RFP. ➢ STAFFING—Identify and engage the appropriate level of Officer that matches the work description CJ within the RFP. Employing the correct officer, with the appropriate level of training is essential to a successful post. CJ ➢ TRAINING — After selecting the appropriate staff, ongoing and updated training is essential in Q maintaining a site. Iaws,techniques and best practices are continuously evolving in our industry and its critical that we keep our/your staff abreast of those changes. D SUPERVISION — Supervision is a key component to our success in our industry. Desert Security Services invests in our Supervision and utilizes Supervision in a two-fold manner. First,we utilize our field supervisors to conduct frequent and purposeful on-site inspections of our field staff.'Ibis ensures © that our officers in the field are conducting themselves appropriately end are maintaining a strict v. control of their assigned job-site. Secondly,our field supervisor's act as"backup and assist"officers Owhen an issue may arise and the field officers requests additional support. This is a "VALUE ADDED"service that we provide for all of our clients at NOADDITIONAL COST to you. ➢ ACCOUNTABILITY — We at Desert Security Services believe that accountability is a MUST component in providing a proven model to you,our client.We utilized TECHNOLOGY,such as two- way UI IF Repeater radios to communicate in the field. We maintain a 24171365 LOCAL dispatch ^� Desert Seearity Service,March 2014 Page 12 c� center that monitors all of our officers in the field and coordinates all support staff. We utilize `l Time GPS tmckine on all of our vehicles,and our field officers utilize our proprietary field reporting V software. DESERT TR9f'fit This use of technology is what separates DSS from the rest of the companies doing business in our region. 0 0 0 0 0 0 0 0 0 0 0 0 r0 0 0 0 0 0 0 0 C) 0 0 0 0 0 0 0 Desert Security SmHees March 2011 Page 13 0 0 U (J r> t) U {� SECTION C r> 0 0 0 0 0 0 0 0 0 o 0 0 it 0 0 0 0 0 0 Assigned Supervisor/Account 0 Manager and Staff qualifications, o Experience and Training in Un- Armed Uniform Security Services 0 0 0 0 Desert Security Servko Mercy 2014 Page 1e 01 c) E,) t_) C1. Background, Experience and Training F ` CIA.ORGANIZATIONAL MANAGEMENT APPROACH O Desert Security Services management approach is simple.We are here to serve our clients,period.Day or night, your staff has direct communication with our General Manager. Our General Manager has PULL authority to make any and all decisions. This management approach is extremely important to you the client when an immediate decision needs to be made on behalf of your facility. Our General Manager has held this position for more than Eklig n (16 years, and is actively involved in our community. We believe that this gives us an understanding and perspective of how business is done in the Coachella Valley.Although business has changed �) to include attorneys and contracts,we still believe in personal one on one interaction and handshake agreements. When we give our word,it actually means something,regardless of written contracts or official correspondences. (� Otte ward is our repefallon L!t OC 1 B. QDALITY ASSIIRANCE PROGRAM QDesert Security Services employs mobile field supervisors with the sole responsibility to ensure the highest quality of service for our clients. Desert Security Services owns and operates our own UHF repeater radio system,and maintains a LOCAL 24/7/365 Dispatch Center.This allows us to monitor all of our officers at all Uof our sites,and gives our officers immediate communication to emergency services if the need should arise. �J C1C.CONTRACTCMMgM7MM&CRlMCAPIDPEMNDIELCOryBynMMThTilECOMRWr Desert Security Services(DSS)is fully committed to the implementation of our services to best meet the needs (.} of the City of Palm Springs.Upon notification of award DSS will immediately initiate our Mobilization Team. �} Our Mobilization Team is led by our General Manager and consists of our Operations Manager, HR Manager, Training Supervisor and two Senior Field Officers. We believe that the makeup of our Mobilization Team enables us to properly address any and all issues that may arise during the start-up period, and creates a �} professional, seamless,and stress free environment for you the client. Members of our Mobilization Team are Ucurrent in all local,state and federal laws that govern the security industry. FlJ `l 1 1. OUB PR[LOSOMY—We don't do"Contractor/ Vendor"Relationships.We term"Partnerships"' with our clients. L,! 2 OUR TRAINING—Only Security Cinnpany that is © a California Certified Training Academy in ® Imperial and Riverside Counties_ 3. OUR SUPERVISION=highly trained Armed Q Sunendsorial staff. Q Desert Security Services March 2014 pace 15 O r) f. CID. MOBILIZATION TERM ) . Jason Jackson-General Manager : ) 770 Main Street El Centro,Ca.92243 E (760)370-5700 Office(760)791.5576 Cell(760)370-3085 Fax llacksongdesertsecuritvservices com . Alex Garda-Corporate Operations Manager 770 Main Street El Centro,Ca.92243 (760)370-5700 Office(760)791-6363 Cell(760)370.3085 Fax agarriagdesertsecurityservices com . Richard Bradford-Coachella Valley Operations Manager COACRELLA VALLEY OFFICE:Coachella Valley Operations (. Office:(760)370-S700 Cell:(760)835-8181 Fax:(760)370-3085 (-� EluAdfQrd@desertse urityservices.com . Denisa Phillips-Corporate Human Resource Manager 770 Main Street El Centro,Ca.92243 Office:(760)370-S700 Cell:(760)791-2578 Fax:(760)370-3085 (') dphiJipsg f—sesrtsecurityservices ce DESERT SECURITY (.� . Bob Musick-Corporate Training Supervisor �-) . Tony Bautista-Senior Field Supervisor SERVICES . Chris Castillon-Senior Field Supervisor !C� `I CIE. RESUMES(TRANSITION TEAM) C, JASON]AcasoN,MP11 - General Manager L1 Mr.Jackson joined DESERT SECURITY SERVICES in 1998 after serving several years with the Imperial County Probation Department/law enforcement agencies,as well as providing sensitive security related �) services for various banks and other financial institutions.Jason is a graduate of Imperial Valley College with an Associate of Arts Degree in Administration of Justice, and is a graduate of San Diego State University with both his B.A Degree in Criminal Justice Administration,as well as successfully completing C) his Master's Degree in Public Administration. Jason's duties Include the day to day operations of Desert Security Services.Those duties include frequent (� contact and interaction with each of our valued clients.He maintains the responsibility of over-seeing and O providing on-going training of all DSS security personnel;immediately responding to our client's requests; as well as assuring that each of our Field Supervisors and Site Supervisors are performing at the highest o levels to insure the highest quality security services in the Coachella, Imperial and Yuma Valleys.Jason's responsibilities further include the continued monitoring of our efforts, in assuring that each and every Q one of our customers is fully satisfied and happy with our services. O Jason is a dedicated volunteer that gives numerous hours of his time to our communities.Jason serves on many local boards and commissions such as Chairman of the Imperial County Workforce Development Board, Past Director of the El Centro Chamber of Commerce,Past Commissioner of the El Centro Planning Q Commission,and Board Member of the Salton Sea Action Committee.Jason's"commitment to community' Q lead him to be elected to the El Centro City Council in 2011. Jason is also active in community service organizations, serving as a member of the Indio Sunrise Rotary and the President for the El Centro Q Kiwanis Club.Jason's strong belief in community service and his ability to lead by example has lead the way for Desert Security Services to be the highest regarded, professional security firm in the imperial County and the surrounding Southwest Desert Region. Dewrt Seerrlty Se km March 2014 Page 16 V o (� bCeM IMFO D— Operations Manager - Coachella Valley Operations O Mr.Bradford re-joined Desert Security Services in September 2011.Mr.Bradford's first tour with DSS was (.� approximately two(2)years and unfortunately ended when he relocated from the Imperial Valley to the Coachella Valley in 2005. Mr. Bradford's knowledge,experience and understanding of Coachella Valley's unique community services environment made him an excellent choice to return to DSS.Mr.Bradford has .� demonstrated his ability to work with community associations and grow professional relationships within HOA Management Organizations. His outstanding leadership lead him to receive Resort Community �) Security Associations"Medal of Valor",(RCSA's)highest award in 2009.With six(6)plus years'experience in Coachella Valley Gated Communities and as Director of Security with Del Webb's Sun City Shadow Hills for two years, Richards understanding of how a HOA "should" be operated is truly an asset to DSS. Additionally,his past experience with a wide range of security clientele and his previous experience with our company made him the easy choice to head our Operations in the Coachella Valley. O Mr Bradford began his career in the Private Security Industry as a uniformed officer and has worked his way to the rank and title of Operations Manager.He has shown the capabilities to hire,train and supervise (� an excellent DSS field staff.Additionally,due to him beginning as a uniformed officer,he has the benefit of understanding the needs of our staff and clients from a perspective other than strictly Management Mr. 0 Bradford has previously worked as a Supervisor at Worldmark Indio,where he implemented rules and guidelines for the Wyndham Staff and visitors to adhere to. These policies were adopted by Wyndham © Hotels and are currently being utilized at five Resorts within California and Nevada. 0 Before Richard joined the ranks as a Private Security Professional,he gained much of his knowledge and 0 professionalism from serving as a Correctional Officer for the California Department of Corrections. Richard worked at Calipatria State Prison, protecting the public from some of the worst criminals In U California.Richards's professionalism,teamwork leadership,knowledge,and willing to go that extra mile © attributed to him being promoted to Sergeant within his first two years with the department. While O serving In his role as Sergeant,he dealt with several of the worst incidents and emergencies that Calipatria State Prison history. in addition to his role as Sergeant, Richard worked Security and Investigations and 0 Gang Enforcement This experience and knowledge in this field has proven to be an asset to Desert 0 Security Services in recognizing,identifying and addressing potential threats to our clientele.Richard also found time to work with his community by serving on the Community Awareness Program Team for the 0 California Department of Corrections. In this capacity Richard spoke at local High Schools,job Fairs,and 0 Community Events targeting youth and educating them on the duties of a Correctional Officer, and the roles that they play in safeguarding our communities. 0 Richard's strong background in security management, training, and law enforcement has given him the 0 ability to work with, listen to, and implement the client's policies and procedures, thus ensuring the satisfaction of each of his clients and enhancing their success. This along with his vast knowledge and 0 understanding of gated community security makes him a perfect addition to the Desert Security Services © team in the Coachella Valley Region. 0 AUX GUCI — Corporate Operations Manager 0 Mrs. Garcia joined DSS in 2003 after serving approximately three (3) years in contract security 0 management Her supervisory skills, as well as her past operations management experience brings 0 another level of professionalism, experience and dedication to Desert Security Services. Ms. Garcia's primary duties involve the scheduling of our staff and working directly with our senior staff to insure a 0 smooth transition of information from management to lower level staff.She is responsible for overseeing 0 training,licensing and re-certification of all our officers and works closely with our HR manager to certify that our workforce is receiving the proper training and certifications to properly serve our clients. 0 Additionally, it is her responsibility to give "real time" reports to our General Manager and assist him in 0 meeting the daily needs of our clients. 0 0 Desert Security Services March 2010 Pape 17 V 0 Aimm Boeeroau— Operations Manager - Coachella Valley Operations �.� Mr.Bradford re-joined Desert Security Services in September 2011.Mr.Bradford's first tour with DSS was (_) approximately two(2)years and unfortunately ended when he relocated from the Imperial Valley to the r-} Coachella Valley In 2005. Mr. Bradford's knowledge,experience and understanding of Coachella Valley's unique community services environment made him an excellent choice to return to DSS.Mr.Bradford has demonstrated his ability to work with community associations and grow professional relationships within HOA Management Organizations. His outstanding leadership lead him to receive Resort Community Security Associations"Medal of Valor",(RCSA's)highest award in 2009.With six(6)plus years'experience in Coachella Valley Gated Communities and as Director of Security with Del Webb's Sun City Shadow Hills f� for two years, Richards understanding of how a HOA "should" be operated is truly an asset to DSS. f.� Additionally,his past experience with a wide range of security clientele and his previous experience with Q our company made him the easy choice to head our Operations in the Coachella Valley. O Mr Bradford began his career in the Private Security Industry as a uniformed officer and has worked his way to the rank and title of Operations Manager.He has shown the capabilities to hire,train and supervise an excellent DSS field staff.Additionally,due to him beginning as a uniformed officer,he has the benefit of understanding the needs of our staff and clients from a perspective other than strictly Management Mr. O Bradford has previously worked as a Supervisor at Worldmark Indio, where he implemented rules and guidelines for the Wyndham Staff and visitors to adhere to. These policies were adopted by Wyndham o Hotels and are currently being utilized at five Resorts within California and Nevada i Q Before Richard joined the ranks as a Private Security Professional,he gained much of his knowledge and O professionalism from serving as a Correctional Officer for the California Department of Corrections. Richard worked at Calipatria State Prison, protecting the public from some of the worst criminals in California.Richards's professionalism,teamwork leadership,knowledge,and willing to go that extra mile O attributed to him being promoted to Sergeant within his first two years with the department While serving In his role as Sergeant,he dealt with several of the worst incidents and emergencies that Calipatria State Prison history.In addition to his role as Sergeant, Richard worked Security and Investigations and Q Gang Enforcement. This experience and knowledge in this field has proven to be an asset to Desert Q Security Services in recognizing,identifying and addressing potential threats to our clientele.Richard also found time to work with his community by serving on the Community Awareness Program Team for the © California Department of Corrections. In this capacity Richard spoke at local High Schools,job Fairs,and !� Community Events targeting youth and educating them on the duties of a Correctional Officer, and the roles that they play in safeguarding our communities. Richard's strong background in security management, training, and law enforcement has given him the O ability to work with, listen to, and implement the client's policies and procedures, thus ensuring the satisfaction of each of his clients and enhancing their success. This along with his vast knowledge and understanding of gated community security makes him a perfect addition to the Desert Security Services team in the Coachella Valley Region. Aces CAHC1A— Corporate Operations Manager Mrs. Garcia joined DSS in 2003 after serving approximately three (3) years in contract security O management Her supervisory skills, as well as her past operations management experience brings © another level of professionalism, experience and dedication to Desert Security Services. Ms. Garcia's primary duties involve the scheduling of our staff and working directly with our senior staff to insure a O smooth transition of information from management to lower level staff.She is responsible for overseeing training,licensing and re-certification of all our officers and works closely with our HR manager to certify that our workforce is receiving the proper training and certifications to properly serve our clients. Q Additionally, it is her responsibility to give'real time"reports to our General Manager and assist him in meeting the daily needs of our clients. Deft"Saurity Servitor March 2014 Page 17 U �.� priusit PHILLIPs.CMBA-Corporate Human Resource Manager Mrs.Phillips joined Desert Security Services in October 2011 as our Human Resources Manager.Denisa is (� a member of the Society of Human Resource Management and has served as a programs coordinator for the Imperial Valley Human Resource Association. Denisa has worked in HR since 2001 where she has worked as an HR Tech,HR Analyst and HR Risk Management Analyst She has attended and completed the following programs:OSHA compliance&Workplace Safety,Workers Compensations Training,California (� Workers Comp Forum and Effective investigative strategies for fraud. Denisa attended Imperial Valley College,San Diego State University and National University for studies In Business Administration.Before becoming the HR Manager for Desert Security Services, Denisa worked for Catholic Charities a Regional Q Non-Profit Organization as a Program Manager. Denisa specializes in Human Resource issues and in C� management development.Her duties Q include managing the selection and hiring of all of our employees, maintaining current and up to date personnel riles, managing and scheduling all employees for all necessary training to ensure all of our U employees are compliant with all state requirements that govern the security industry, and she works © with local,state and federal agencies such as CalWorks,Vet Serve and the Workforce Development office in job creation and recruitment. CBI Ig-Corporate Training Supervisor© 0Mr. Musick came to DSS in 2002, and after serving as a Senior Field Supervisor until 2006 he was Q promoted to Training Supervisor. Mr. Musick brings a vast knowledge of field operations that uniquely qualifies him to bring"real life experiences"into the classroom.Mr.Musick is charged with maintaining all Q state mandated training as it relates to California AB2880. (J Mr. Musick is also responsible for the development and implementation of all site-specific trainings, © keeping abreast on any regulatory changes in our Industry,maintaining an up to date training library as O well as the necessary equipment utilized in those trainings, and constantly reviewing our training requirements with our clients to ensure that we are providing the best trained staff In the industry. O Tally BAMM- Senior Field Supervisor Mr. Bautista came to DSS in 2011 and brought with him over ten(10)years of experience working within the gated communities of Coachella Valley. Mr. Bautista has an extensive amount of experience dealing © with communities,their vendors and most importantly a level of professionalism and customer service that is needed when dealing with the residents of gated communities.Mr.Bautista is currently responsible for Patrol Operations for Coachella Valley. He directly oversees our Patrol Supervisory Staff and works C) with our 24/7/36S dispatching staff in bringing the best prepared and highest trained field supervisory staff in the Coachella Valley. Q Mr.Bautista works directly with our Operations Manager in establishing Patrol routes,and he reviews and Q develops Patrol/Supervisory protocols with our Training Manager in order to maintain a supervisory staff that is dedicated, professional and most Importantly prepared for anything they may encounter in the field. 0 CHllr CJLMLLOa-Senior Field Supervisor C-t Mr. Castillon came to DSS in 2007 and quickly showed why he is one of our brightest new stars.Mr.Castillon 0 shows a level of professionalism and dedication far beyond his years. Mr. Castillon is responsible for Patrol OOperations for Imperial County. Ile directly oversees our Patrol Supervisory Staff and works with our 24/7/365 O dispatching staff in bringing the best prepared and highest[mined field supervision staff in Imperial County. Mr.Castillon works directly with our Operations Manager in establishing Patrol routes and reviews and develops O Patrol/Supervisory protocols with our Training Manager in order to maintain a supervisorial staff that is Q dedicated,professional and most importantly prepared for anything they may encounter in the field. 0 QDeaert Sxarity Sa kai Mare4201u Page to O 0 `J 0 CIr. TRAINING HISTORY �) Desert Security Services is the only California Certified and Licensed Security Training School serving the Coachella and Imperial Counties. Desert Security Services maintains its high level of service and professionalism (� by keeping our staff informed on the latest security legal issues,techniques,and trends within the industry.All of �-� our Instructors are also State Certified throaeh the Bureau of Security and Invesrigative Services. All instructional materials are obtained directly from the Bureau of Security and Investigative Services, State of (� California. Further, DSS is a certified and licensed LIVESCAN operator. We own the latest technologically 0 advanced equipment available,and we maintain certified personnel licensed by the Department of Justice. 0 C2. MENTION AND TRAINING 0 Desert Security Services (DSS) believes that one of the most important tools that an officer can be given is education and training.That is why in 2007 DSS became a California Certified and Licensed Security Training 0 School. What this did was let us control and dictate the appropriate level of training and subject matter that our 0 officers receive, instead of depending on third party training providers. Over the years we had found that these third party training providers were focusing on what was"easy"to teach,rather than diving in and teaching the 0 more complex subject matters.This shift,allowed us to give officers assigned at certain locations a"customized" training that related directly to the needs of that specific post. Our training is lead by our Corporate Training Supervisor; Mr. Bob Musick, which follows all State mandated training of 40 hours in the initial training year 0 and at least eight (8) "refresher' hours of training each and every year thereafter. Additionally, any (D updates/changes to laws, regulations or ordinances are immediately communicated directly to any officers that �.) work within that jurisdiction,as well as all field supervisors being made aware of changes/updates that may fall within their supervisory area. C) C3. SAmpl.e DAILY AcTrvrry LOG&INCIDENT REPORT 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 C 0 0 Desert Security Services March 2014 Page 19 0 0 U U O1 CJ C4. PATROL SERVICES Desert Security Services(DSS)Patrol Services utilizes a"sector"approach. What this means is that, we have V taken the Coachella Valley and broken it up into sectors.This enables the Patrol Supervisor in that sector to pt(y �} focus on the clientele within hisihen sector. This produces a more efficient patrol service, which directly correlates into quicker response times and a better understanding of the issues that are common place within that (� sector. In evaluating the requirements of your RFP,we conducted an on-site patrol of the Desert Fashion Plaza parking (� structure and determined that a thorough patrol of the site would require approximately 25-30 minutes. U Q U U O O O O O O O C� O O O O O O U O O ODesert Security Servkra Mareh 2016 Page 20 O C) SECTION D � o 0 0 0 0 0 0 nS 0 0 0 0 0 0 0 0 Local Preference 0 0 0 0 0 0 Desert Security Services March 2014 Page 21 0 0 O U Di. PRoor or LOCAL REFERENCE O O O -- city of Palm O CERMICATE O � � - oesvpi 88 RR[TY 6iRVS69 1NC ,yam ..13 98R'¢m wAM l�J .19]S 8PA VI oH ➢Il0) !1 lwa OB80CtT 68CJP tTY.YBRYICes ; O e9H8 apLgpISY 98RVYL8H Iec BL CO2R0 G 99144 O O O D2. DESERT SECURITY TEAM MEMBERS © . TASON TACRSON- GENERAL MANAGER Will facilitate the contract process on behalf of Desert Security Services,and will lead the Transition O "team. O • AEER GARCIA-CORPORATE OPERATIONS SEANAGER O : W ill assist GM during the contract process and will coordinate all members of the Transition Team. O . RICH RD B a f0 n-COACEELU P UET OPEUTIONS MANAGER © : 1b-ill be re,punsible for all staff'scheduling and the tracking of all billable hours. • DENISA PRILLIPS -CORPORATE 99KN WOURCE MANAGER • Will facilitate all personnel issues,including but not limited to the interviewing,background checks, drug screens and hiring of necessary personnel. © a ROR OSBSICI-CORPORATE TRADiIRG SUPERVISOR Ov Will be responsible for de>eloping all Post Orders,and training syllabuses for all sites.Additionally he will schedule all personnel for pre-deployment training,as well as their on-site training. e TORT UUTISTA-SENIOR MELD SUPERVISOR + Will assist in all aspects of training and staff supervision,and will support the needs of the Transition Teem. �) • cm CRSTULOA -SIMOR MELD SUPERPLSOH Will assist in all aspects of training and staff supervision,and will support the needs of the'rransition Team. O QDesert Security Servka March 2014 Page 22 O COST PROPOSAL IIJ Q� co , 10 � S `N �V o y soo o o o 0 0 0 Desert Security Services 0 41 -921 Beacon Hill, Suite B 0 o Palm Desert, California 92211 (zso) 775-0200 0 o [/FORN�P City of Palm Springs Request for Proposal Unarmed Security Services Issue date: February 27,2014 Closing location: MAIIJCOHRIER/BV HAND City of Palm Springs Procurement and Contracting Office 3200 E.Tahquitz Canyon Way Patin Springs,California 92262 Attention: Leigh Cilew,Procurement Specialist II Closing date and time: Theme complete hard copies to be received Ixfore 3:00 PIN Pacific Time on .April 1,2014 Contact persons: Lei,.,h Gileno, Procurement Specialist 11 (760)322-8373 Daaarl Yewlty aervleaa-March 2014 2 SECTION E ITY S$4 soo �. Cost Proposal Desert Security Services-March 2014 i O i El. Cost Proposal I ATTACHMENT"C" (_ 'THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED C ENVELOPE#2 "Cost Proposal', NOTwith Envelope#1, Technical/Work Proposal') REQUEST FOR PROPOSAL(RFP#11-14) UNARMED UNIFORMED SECURITY GUARD SERVICES FOR VARIOUS CITY FACILITIES AND LOCATIONS COSTPROPOSAL Responding to Request for Proposal No. 11-14 for Un-armed Uniformed Security Services Guard Services for various city facilities and locations, UWE 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 on a Monthly Basis for actual services rendered, not in advance or anticipation of services'to be rendered"and are payable by the City within 30 days. Train Station (including Train and Bus Services) Guard Hourly Rate: $16.70 Palm Springs Library Guard Hourly Rate: $16.70 Downtown Parking Structure Guard Hourly Rate: $16.70 (Former) Desert Fashion Plaza Parking Structures Patrol Daily Rate: $45.00 Posted Un-armed Uniformed Security Guard Services for Public or Private Propel�Y Guard Hourly Rate: $16.70 Patrol Un-armed Uniformed Security Guard Services for Public or Private Property Patrol Hourly Rate:_ $16.70 Desert Security Services-March 2014 4 U F 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/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 slaned. Certified by: Desert Security Services Firm N Si nature jAutho ed Person Jason Jackson Printed Name General Manager Title March 26, 2014 Date Mwrt/Kwrey Mrvfcos-wwch 2014 5 U 0 c ,- The above rates are ALL INCLUSIVE There are no additional or optional charges. ALL Bill rates Include the follovitnW. . Recruitment background screening and all hiring costs. . Drug Screening ( . Employee wages,payroll taxes and insurance. ( . Employee recognition program. ( . Complete uniforms for each season,including replacements as needed. '.. Paid on the job(OJT)training. . Post spedNc`Advanced'training. . Computer based Post Orders. (- . Monthly service reviews with General Manager . 24/7/365 LOCAL Dispatch Center ( . $10,000,000 General Liability Insurance $250.000 Employee Crime and Dishonesty Bond OYEIMKE/HOLIDAY DATE WILL APPLY FDA THE FOLLOWING HOLIDAYS(10OBSERvraHOLIDAYO: ! + New Year's Day 1 Independence Day i Martin Luther King)r.Day r Labor Day ➢ Presidents Day a Veterans Day 'r Easter ➢ Thanksgiving Day ➢ Memorial Day Y Christmas Day ADDITIONAL PERSONNEL: Premium rate will he billed for the first twenty-four(24)hours of a non-routine significant incident,such as mass casualty,catastrophic event,or a natural disaster.After the Initial twenty-four(24)hours,hours thereafter will he billed at the regular rate unless agreed upon by both parties. Bms INCLUSIVE The ahove hourly rates are inclusive. Desert Security Services is fully licensed by the State of California Bureau of Security &Investigative Services, Desert Security Services carries and maintains all statutory required Insurance coverage's including Workers Compensation Insurance, Unemployment and Disability Insurance.In addition to the statutory requirements,we maintain $1/10,000,000.00 in General Commercial Liability, Bodily Injury, Property Damage, Fire Liability, Personal Injury,Medical Insurance and Errors&Omissions Insurance.Further,Desert Security Services maintains S1/5,000,000.00 In commercial automobile insurance coverage, as well as S2SO,000.00 Crime/Dishonest Employee Insurance Policy coverage on each and every employee. - The rates offered and quoted in this proposal are for the sole purpose of establishing a continuous contractual Service Agreement with the CITY OF PALM SPRINGS.This proposal allows for any changes In any Federal.State, local or municipal legislation, administrative rulings, minimum wage regulations, collective bargaining agreements, etc., will effect and/or change proposed work hours, pay rates, working conditions or the cost of performing the terms of this proposed Service Agreement Should State or Federal regulations mandate a minimum wage increase,the above per hour costs will be automatically Increased by the amount of the mandated per hour wage increase,plus associated taxes,insurance,&payroll costs. COST PROPOSAL AND ABILITY TO PERFORM THE WORK W1TBI11 BB16ET DESERT SERVICES,INC./DESERT SECURITY SERVICES is a highly successful multi-million dollar company. DSS has an excellent credit rating,Is fully capitalized,and has acquired substantial assets over the years.DSS Is 1004E /ocatfv owned and stmaaed with HQ debt of any kind. Desert Security Servlcee-RI r h zeds 6 n EXHIBIT"D" SCHEDULE OF COMPENSATION COST PROPOSAL Responding to Request for Proposal No. 11-14 for Un-armed Uniformed Security Services Guard Services for various city facilities and locations,I/WE 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 on a Monthly Basis for actual services rendered, not in advance or anticipation of services"to be rendered"and are payable by the City within 30 days. Train Station(including Train and Bus Services) Guard Hourly Rate: $16.70 Palm Springs Library Guard Hourly Rate: $16.70 Downtown Parking Structure Guard Hourly Rate: $16.70 (Former)Desert Fashion Plaza Parking Structures Patrol Daily Rate: $45.00 Posted Un-armed Uniformed Security Guard Services for Public or Private Property Guard Hourly Rate: $16.70 Patrol Un-armed Uniformed Security Guard Services for Public or Private Property Patrol Hourly Rate: $16.70 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/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. 72 EXHIBIT"E" SCHEDULE OF PERFORMANCE Schedule of Performance at the Train Station— Guard Service: Amtrak Train Operations Contractor shall provide guard services in conjunction with Amtrak's arrival schedule at the station. Security guard coverage begins thirty (30) minutes prior to the train's scheduled or anticipated actual arrival and ends 15 minutes after its departure from the facility. It is the Contractor's responsibility to contact Amtrak Dispatch to ascertain the actual arrival time of the train. **Sunset Limited Route: Arrival Time East Bound—Wed., Fri., Mon. 2:02AM West Bound— Mon., Thur., Sat. 12:36AM Bus Operations Contractor shall provide guard services in conjunction with the bus arrival schedule at the station beginning 30 minutes prior to the scheduled or actual anticipated bus arrival and ends 15 minutes after its departure from the facility. The current daily bus schedule is as follows unless otherwise specified. Schedules are seven days per week: "Greyhound Bus Schedule: 9:30 a.m. West Bound 11:30 a.m. East Bound 12:50 p.m. West Bound 3:30 p.m. East Bound 5:15 p.m. West Bound 9:55 p.m. East Bound City shall notify contractor of any changes to the bus schedule, of which it has received notice from the operator. This schedule shall be considered amended as to the bus schedule upon the City's notice of schedule change to contractor. " It is the contractor's responsibility to contact Greyhound or Amtrak Dispatch to ascertain the dates and times of actual bus/train arrival. Schedule of Performance at the Palm Springs Public Library—Guard Service: Contractor shall provide all services for the City of Palm Springs Library located at 300 South Sunrise Way according to posts orders below. Services at the Library shall be provided under the following schedule: Monday 10:15 am to 6:15 pm (7 hrs); Tuesday 11:15 am to 8:15 pm (8 hrs); Wednesday 11:15 am to 8:15 pm (8 hrs); Thursday 11:15 am to 6:15 pm (6 hrs); 73 Friday 10:15 am to 5:15 pm (6 hrs); Saturday 11:15 am to 5:15 pm (5 hrs); Sunday (library closed—O hrs). Days and hours of Library operation are subject to change. A one hour lunch break is allowed for in the daily schedule. A Daily Activity Report must be submitted for all working days. This report is to be provided on a mutually agreed upon day between the contractor and contract administrator. Schedule of Performance at the Downtown Parking Structure— Guard Service: Contractor shall provide all services for the City of Palm Springs Downtown Parking Structure which is located at the north-west comer of Baristo Road and Indian Canyon Drive according to posts orders below. A Daily Activity Report must be submitted for all working days. Services at the Downtown Parking Structure shall be Thursday through Saturday 9:00 pm to 2:30 am (5.5 hrs per day). Additional hours may be required on an as needed basis. Schedule of Performance at the (Former) Desert Fashion Plaza Parking Structures— Patrol Service: Contractor shall provide ap trol services for the City of Palm Springs surface parking lot and parking structure located at the northeast corner of Tahquitz Canyon Way and Museum Way, currently the downtown development site, former Desert Fashion Plaza Mall according to posts orders below. Patrol coverage will be provided seven days a week, 52 weeks per year and will consist of five (5) patrol checks per day, from dusk to dawn. Specific times of patrol should be random so not to create a predictable pattern. 74