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CITY COUNCIL STAFF REPORT
DATE: JUNE 17, 2015 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT WITH DESERT SECURITY SERVICES FOR UNARMED
SECURITY SERVICES AT CITY-OWNED FACILITIES (AGREEMENT
NO. A6557)
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
The City Council will consider approval of an amendment to the contract services
agreement with Desert Security Services Inc., to provide greater flexibility to deal with
periodic changes in the scope of security services and allow for increase or decrease in
security services based on need insofar as budgeted in the fiscal year budget.
RECOMMENDATION:
1. Approve Amendment No. 2 to Agreement No. A6557, with Desert Security
Services, Inc. for Unarmed Security Services at City-owned facilities, to expand
the ability to increase or decrease security services based on need insofar as
budgeted in the fiscal year budget.
2. Authorize the City Manager to execute the amendment to the agreement.
BACKGROUND:
The City entered into an unarmed uniformed security services agreement with Desert
Security Services on July 1, 2014 to patrol, monitor and report on activities at various
City-owned facilities, provide posted guards at certain City-owned sites and perform
general patrol of downtown and other sites during specified hours. On November 10,
2014, Amendment No. 1 to the Agreement added services at the Palm Springs
International Airport.
ITEM NO.
City Council Staff Report
June 17, 2015-- Page 2
Desert Security Services Inc. Agreement
Since the contract commenced on July 1, 2014, there has been the need for more
intensified services at specific sites as well as the addition of locations to monitor and
patrol under the security services agreement. At some locations, there has been the
opportunity to decrease or eliminate security services.
Over the past year, there has been the addition of downtown locations for patrol due to
building vacancies, areas under construction that are not yet securable, and the
migration of transients to different locations within the downtown.
This action would allow for the amendment to the agreement to facilitate periodic
changes in the scope of security services as required, provided that the fiscal year
budget can accommodate these needs.
FISCAL IMPACT:
The cost to increase or decrease services based on changing needs for security would
be limited to fiscal year budget allocation.
mes Thompson Diana R. Shay
City Cler'Chief of Staff Redevelopment Coordinator
DAVID H. READY
City Manager
Attachments:
1. Amendment No. 2 to the Contract Services Agreement for Un-Armed Security
Services with Desert Security Services (Agreement No. A6557)
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AMENDMENT NO. 2
TO
CONTRACT SERVICES AGREEMENT
UNARMED UNIFORMED SECURITY GUARD SERVICES
(Agreement No. )
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 allow the 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
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 03
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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:
Norman E. Brown, President & CEO David H. Ready, City Manager
ATTEST:
By:
James Thompson, City Clerk
APPROVED AS TO FORM:
By:
Douglas H. Holland, City Attorney
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