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oq<�FORN�P CITY COUNCIL STAFF REPORT
DATE: February 1, 2006 CONSENT AGENDA
SUBJECT: AWARD CONTRACT FOR UNARMED SECURITY GUARD SERVICES
17ROM: David H. Ready, City Manager
BY: Assistant City Manager- Administration
SUMMARY
The City has used unarmed security guards at a number of facilities to help enforce
facility codes of conduct and/or to help provide a safer environment for patrons of those
facilities. The City is currently utilizing several different security firms to provide security
guard services at the library, the skate park, and the downtown parking structure. Staff
has been dissatisfied with the level and quality of services it has received from one of
these firms and felt that it would be best to consolidate all security services under a
single firm. To this end, the City issued a Request for Proposals for Unarmed Security
Services to 17 security firms. A total of four (4) firms submitted proposals in response
to the City's solicitation. These proposals were evaluated by a committee consisting of
representatives from the Police Department, Parks and Recreation and Library. This
action would approve contracting with International Services, Incorporated (ISI) the
highest ranked firm, to provide guard services for a three year initial contract term with
two additional one-year extensions at the City Council's discretion.
RECOMMENDATION:
1. Adopt Minute Order No. approving an agreement with International
Services, Incorporated for Unarmed Security Guard Services for a three year
period in an amount not-to-exceed $329,050 over the 3-year contract term.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR THE
2005-06 FISCAL YEAR."
3. Authorize the City Manager to execute the agreement in a form acceptable to the
City Attorney and all necessary documents thereafter.
Item No. 2 . H .
City Council Staff Report
February 1, 2006 -- Page 2
Unarmed Security Guard Services
STAFF ANALYSIS:
The City continues to experience a variety of problems including, but not limited to
vandalism, vagrancy and disruptive behavior at the library, skate park, and downtown
parking structure. Because the Police Department does not have the available staff to
respond to every problem that occurs at these facilities, it was determined that the best
way to keep these facilities secure was to contract for private security guard services
The City has used two different security firms to provide both on-site and random patrol
services. One firm provides security at the library and skate park. Another firm patrols
the downtown parking structure and the train depot. The use of multiple security firms
has caused some operational problems and makes it more difficult to administer. In
addition, staff has been growing increasingly dissatisfied over the level and quality of
the services provided by one firm in particular. In light of this and due to an increased
need for security services, staff felt that the City should conduct competitive process.
A Request for Proposals (RFP 07-06) for Unarmed Security Guard Services was
prepared by the Procurement & Contracting Division with significant input from the
Police, Parks & Recreation, and Library staff. The RFP was posted to the City's
website, advertised, and mailed to 17 security firms. A site-visit and walkthrough was
conducted and four firms submitted proposals. Proposals were received from
International Services, Inc., O'Linn Executive Security Service, Securitas, Inc. and Allied
Protection Services, Inc. by the due date and time of November 4, 2005. An initial
evaluation of all proposals received utilizing criteria identified in the RFP was completed
by an evaluation committee comprised of members from the Police Department, Parks
and Recreation and the Library. The City invited each firm to make a presentation to
the Evaluation Committee in order to better evaluate the proposals received. One firm
did not attend their scheduled meeting, but sent written materials for the Evaluation
Committee's consideration. Final evaluations were completed by the Evaluation
Committee after the presentations. Below is a summary of the four proposals and how
each was scored:
Proposal Initial/Final Estimated Estimated Estimated Estimated
Ranking Scores Library Cost Skate Park Parking Total Cost
Cost Gara e Cost
International 1 $152,810 $102,398 $70,891 $329,050-
Services, Inc. 71.3/89.5
Allied
Protection 2 70.0/75.0 $141,263 $94,661 $65,534 $301,458
Services, Inc.
Securitas
Security 3 65.8/50.0 $228,144 $152,880 $105,840 $486,864
Services, Inc.
O'Linn
E=xecutive 4 65.8/25.0 $135,024 $90,480 $62,640 $288,144
Security
"Estimated total includes the cost of"electronic watch patrol"equipment.
f)06;2-
City Council Staff Report
February 1, 2006 -- Page 3
Unarmed Security Guard Services
The Evaluation Committee scored International Services Incorporated (ISI) as the firm
best-suited to provide unarmed security guard services. Although ISI was not the
lowest cost firm, cost was only one factor in the Evaluation Committee's overall
evaluation. Other factors used by the Evaluation Committee in scoring the proposals
included: overall firm qualifications; the qualifications and training of the personnel
assigned to City facilities; experience providing services to similar facilities, the methods
identified to deal with issues particular at each site; back-up coverage; and information
obtained from references. The Evaluation Committee felt that ISI's proposal was
superior in all areas and reflected the level and caliber of security services that are
currently needed.
ISI, which was founded in 1984, is headquartered in Torrance, California and has
offices throughout California including a local office in Indio. ISI provides a full range of
security oriented services encompassing armed and unarmed security, armed patrols,
alarm monitoring, armed response, crossing guard services, investigations, and
executive and personal protection services. ISI currently services several public
agencies including the State of California (California Highway Patrol), City of Los
Angeles Housing Authority, the County of San Diego (Department of Health and Human
Services), and the Sacramento International Airport. They also provide security
services to a number of major industrial and commercial clients throughout the United
States including Federal Express.
This is a unit price contract based on an hourly rate per man hour for unarmed security
guard services, including holiday pay, at $16.41 per hour.
"The estimated hours and costs per facility per year are as follows:
YEAR #1* YEAR #2 YEAR#3 TOTALS
Facility Hours Cost Hours Cost Hours Cost Total Total
Hours Cost
Library 2,864 $46,998.24 3,224 $52,906 3,224 $52,906 9,312 $152,810
Skate 2,080 $34,133 2,080 $34,133 2,080 $34,133 6,240 $102,399
Park
Parking 1,824 $29,932 1,248 $20,480 1,248 $20,480 4,320 $70,891
Structure
6,768 $111,063.24 6,552 $107,519 6,552 $107,519 18,916 $326,100
Totals:
Note: *Costs are based on a full year of service.
Total base compensation for the initial three (3) year term is $326,100. In addition to the
base compensation, the Police Department has elected to have an "Electronic Watch
Patrol System" installed at the Downtown Parking Structure in order to track the security
guard's rounds. ISI has agreed to install this system for a one-time setup fee of$250
City Council Staff Report
February 1, 2006 -- Page 4
Unarmed Security Guard Services
and $75 per month thereafter. For the initial three (3) year contract period, the
additional cost for this system is $2950, bringing the total contract award to $329,050.
Staff recommends award to International Services, Inc., the highest ranked firm, in the
amount of $329,050 for providing unarmed security guard services at the Library, the
Skate Park and the Downtown Parking Structure.
FISCAL IMPACT: Finance Director Review:
While some guard services were included in the current budget, there exist funding
shortfalls for this award of this contract within the current budget. These shortfalls are as
follows:
• The library currently has a budget for guard services, but the inadequacy of the
current staffing model resulted in additional hours being requested via the RFP
process. The hourly rates proposed by the recommended firm are higher than
current rates upon which the budget was built. By reducing the number of hours,
until the end of the fiscal year, the library will be provided with some level of
service. The Library may then request funding for the entire scope of work for
future fiscal years.
• The skate park currently has a budget for guard services that was also built on a
less expensive service provider. The skate park shortfall is relatively small and
can be absorbed within the overall department budget for the remainder of the
fiscal year.
• The current year budget for the downtown parking structure included a limited
amount of funding for periodic armed patrol services. This contract expires in
January and these services are to be replaced with more frequent unarmed
guard services. Unfortunately, there are insufficient funds to cover the costs of
the proposed contract for the balance of the fiscal year. In order to cover the
cost, staff has prepared a resolution transferring $18,500 from the Capital Budget
that was originally budgeted for a security camera system at the parking structure
to be used for security services.
Staff has prepared the attached contract service agreement. This agreement has been
reviewed and accepted by both the City Attorney and ISI. Although the proposed
agreement is for a three (3) year term with two, one year options, staff has incorporated
a non-appropriation clause that will give the City the right to cancel the contract or
City Council Staff Report
February 1, 2006 -- Page 5
Unarmed Security Guard Services
portions thereof should the City Council choose not to appropriate funding for these
services in future fiscal year budgets.
(David H. Ready, C aa-nK-ager Troy L. Butzl6h, istant City Manager
,Attachments:
1. Minute Order
2. Budget Resolution
3. Contract Services Agreement
C) )r?
MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH
INTERNATIONAL SERVICES, INC. FOR
UNARMED SECURITY GUARD SERVICES FOR
A THREE YEAR PERIOD IN AN AMOUNT NOT
TO EXCEED $329,050 OVER THE INITIAL
THREE YEAR CONTRACT.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order approving an agreement with International Services, Inc. for Unarmed
:iecurity Guard Services for a three year period in an amount not to exceed $329,050
over the initial three year contract, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 1st day of February 2006.
James Thompson, City Clerk
0171 13
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE FISCAL YEAR 2005-06.
WHEREAS Resolution 21283 approving the budget for the fiscal year 2005-06 was
adopted on June 8, 2005; and
WHEREAS, the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to
record inter-fund cash transfers as required in accordance with this Resolution, and that
Resolution 21283, adopting the budget for the 2005-06 fiscal year is hereby amended
as follows:
SECTION 1. ADDITIONS.
Fund Activity Account Amount
131 4464 43200 $18,500
Parking Structure Contractual
Maintenance Services
Purpose: Provide funding for security services at the parking garage. Reduce
balance for parking garage camera system from $100,000 to $81,500.
SECTION 2. SOURCE.
Fund Activity Account Amount
261 1395 54055 $18,500
Capital Project City Facility Downtown Parking
Improvements Garage Cameras
ADOPTED this 1 st day of February, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
City Council Staff Report
February 1, 2006 -- Page S
Unarmed Security Guard Services
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 1, 2006, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR UNARMED SECURITY GUARD
SERVICES AT THE LIBRARY, SKATE PARK, AND DOWNTOWN PARKING
STRUCTURE
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of 2006, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and International Services, Inc.
(herein "Contractor"). (The term Contractor includes professionals performing in a
consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the"Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services
may be referred to herein as the "services"or"work" hereunder. 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 services and Contractor is experienced in
performing the work and services contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest
professional standards"shall mean those standards of practice recognized by one or more
first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein by this reference as though
fully set forth herein. In the event of any inconsistency between the terms of such proposal
and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency having jurisdiction in effect at
the time service is rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at
its sole cost and expense such licenses, permits and approvals as may be required by law
for the performance of the services required by 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 services required by this Agreement, and shall indemnify, defend and
hold harmless City against any such fees, assessments, taxes penalties or interest levied,
assessed or imposed against City hereunder.
UNARMED SECURITY GUARD SERVICES CONTRACT
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor(a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered howthe 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 services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, 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 Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment,
materials, papers, documents, plans, studies and/or other components thereof to prevent
losses or damages, and shall be responsible for all such damages,to persons or property,
until acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use
reasonable care and diligence. to perform their respective obligations under this
Agreement. Both parties agree to act in good faith to execute all instruments, prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the
service of the other.
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 said work. No such extra work may be undertaken unless a written order is
first given by the Contract Officer to the Contractor, incorporating therein any adjustment in
(i)the Contract Sum, and/or(ii)the time to perform this Agreement,which said adjustments
are subject to the written approval of the Contractor. Any increase in compensation of up
to five percent (5%) of the Contract Sum or$25,000, whichever is less, or in the time to
perform of up to one hundred eighty(180) days may be approved by the Contract Officer.
Any greater increases, taken either separately or cumulatively must be approved by the
City Council. It is expressly understood by Contractor that the provisions of this Section
shall not apply to services specifically set forth in the Scope of Services or reasonably
contemplated therein.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special
Requirements"attached hereto as Exhibit"B"and incorporated herein bythis reference. In
the event of a conflict between the provisions of Exhibit"B"and any other provisions of this
Agreement, the provisions of Exhibit"B" shall govern.
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UNARMED SECURITY GUARD SERVICES CONTRACT
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
the Contractor shall be compensated in accordance with the "Schedule of Compensation"
attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding
the maximum contract amount of Three Hundred Twenty Nine Thousand Fifty Dollars,
($329,050) (herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include: (i) a lump sum payment upon completion, (ii) payment in
accordance with the percentage of completion of the services, (iii) payment for time and
materials based upon the Contractor's rates as specified in the Schedule of Compensation,
but not exceeding the Contract Sum or(iv)such other methods as may be specified in the
Schedule of Compensation. Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs, telephone expense,transportation expense
approved by the Contract Officer in advance, and no other expenses and only if specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor
shall not be entitled to any additional compensation for attending said meetings.
Contractor hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates, that Contractor shall not be entitled to additional compensation therefore, and
the provisions of Section 1.8 shall not be applicable for such services.
2.2 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Contractor wishes to
receive payment, no later than the first (1 st) working day of such month, Contractor shall
submit to the City in the form approved by the City's Director of Finance, an invoice for
services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant
to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time penod(s) established in the "Schedule of Performance" attached
hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested
by the Contractor, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer, but not exceeding one
hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement hall be
U ").11
3
UNARMED SECURITY GUARD SERVICES CONTRACT
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to,acts of God
or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics,
quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any
governmental agency, including the City, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contract Officer in writing of the causes of the
delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer'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 pursuant to this Section'.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services but not exceeding one(1)year from the date hereof,except as otherwise provided
in the Schedule of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor
are hereby designated as being the principals and representatives of Contractor authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
Bunce Pierce, CPP
It is expressly understood that the experience, knowledge,capability and reputation
of the foregoing principals were a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to personally
supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by
Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the
services and the Contractor shall refer any decisions which must be made by City to the
Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
4
UNARMED SECURITY GUARD SERVICES CONTRACT
( 1(�,i
substantial inducement for the City to enter into this Agreement. Therefore, Contractor
shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein 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 approval of City. Transfers restricted hereunder 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 the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities
with offices located within the jurisdictional boundaries of the City of Palm Springs and, if
none are available, to persons or entities with offices located in the Coachella Valley
("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award
subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the
work required. In requesting for the City to consent to a subcontract with a person or entity
that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such
good faith efforts have been made or that no Local Subcontractors are qualified to perform
the work. Said good faith efforts may be evidenced by placing advertisements inviting
proposals or by sending requests for proposals to selected Local Subcontractors. The City
may consider Contractor's efforts in determining whether it will consent to a particular
subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all
contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required-herein, except as otherwise set forth herein. 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 perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are,consistent with that role. Contractor shall not at anytime
or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to
be a partner of Contractor in its business or otherwise or a joint venture or a member of
any joint enterprise with Contractor.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance:
s
UNARMED SECURITY GUARD SERVICES CONTRACT
(a) Commercial General Liability Insurance. A policy of commercial
general liability insurance written on a per occurrence basis with a combined single
limit of a least $1,000,000 bodily injury and property damage including coverages
for contractual liability, personal injury, independent contractors, broad form
property damage, products and completed operations. The Commercial General
Liability Policy shall name the City of Palm Springs as an additional insured in
accordance with standard ISO additional insured endorsement form CG2010(1185)
or equivalent language. The Commercial General Liability Insurance shall name the
i City, its officers, employees and agents as additional insured.
(b) Worker's Compensation Insurance. A policy of workers
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000 employer's
liability.
(c) Business Automobile Insurance. A policy of business
automobile liability insurance written on a per occurrence basis with a single limit
liability in the amount of$1,000,000 bodily injury and property damage, Said policy
shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit "B".
All of the above policies of insurance shall be primary insurance. (Reference Section
5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution
it may have against the City, its officers, employees and agents, and their respective
insurers. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this
Section 5.1 to the Contract Officer. No work or services under this Agreement shall
commence until the Contractor has provided the City with Certificates of Insurance,
endorsements or appropriate insurance binders evidencing the above insurance coverages
and said Certificates of Insurance, endorsements, or binders are approved by the City.
The contractor agrees thafthe provisions of this Section 5.1 shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the
payment of damages to any persons or property resulting from the Contractor's activities or
the activities of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same polices of insurance that the
Contractor is required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless
from, any and all actions, suits, claims, damages to persons or property, losses, costs,
' UNARMED SECURITY GUARD SERVICES CONTRACT ( �� '
1
penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement,but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly responsible to
the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal
costs and attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered againstthe
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of orfailure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractorfor such damages
or other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay
to the City, its officers, agents or employees, any and all costs and expenses incurred by
the City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance
of this Agreement, unless such requirement is waived by the Contract Officer. The bond
shall contain the original notarized signature of an authorized officer of the surety and
affixed thereto shall be a certified and current copy of his power of attorney. The bond
shall be unconditional and remain in force during the entire term of the Agreement and
shall be null and void only if the Contractor promptly and faithfully performs all terms and
conditions of this Agreement.
5.4 Sufficiency of Insurer or Suretv. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, unless such requirements are waived by the City
Manager or designee of the City ("City Manager") due to unique circumstances. 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 and the performance bond
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UNARMED SECURITY GUARD SERVICES CONTRACT
required by this Section 5 maybe changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the City Manager to the City Council of City within
ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports, Contractor shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the
City is greatly concerned about the cost of work and services to be performed pursuant to
this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of
any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Contractor is providing
design services,the cost of the project being designed, Contractor shall promptly notifythe
Contract Officer of said fact,circumstance.,technique orevent and the estimated increased
or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep,
such books and records as shall be necessary to perform the services required by this
Agreement and 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 times
during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period
of three (3) years following completion of the services hereunder, and the City shall have
access to such records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents 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 delivered to City upon request of the Contract Officer or upon the
termination of this.Agreement, and-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 hereunder: Any use of such completed documents for
other projects and/or use of uncompleted documents without specific written authorization
by the Contractor will be at the City's sole risk and without liability to Contractor, and the
City shall indemnify the Contractor for all damages resulting therefrom. Contractor may
retain copies of such documents for its own use. Contractor shall have an unrestricted
right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event
Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom.
6.4 Release of Documents. The drawings,specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
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UNARMED SECURITY GUARD SERVICES CONTRACT
i •
I
under this Agreement shall not be released publicly without the prior written approval of the
Contract Officer,
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted
both as to validity and 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.
7.2 Dispute . In the event of any dispute arising under this Agreement,
the injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10)days of service of
such notice and completes the cure of such default within forty-five (45)days after service
of the notice, or such longer period as may be permitted by the injured party; provided that
if the default is an immediate danger to the health, safety and general welfare, such
immediate action may be necessary. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in
the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from
any amount payable to Contractor (whether or not out of this Agreement) (i) any
amounts the payment of which may be in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
amounts for which City may be liable to third parties, by reason of Contractor's acts or
omissions in performing orfailing to perform Contractor's obligation under this Agreement.
In the event that any claim is made by a third party, the amount or validity of which is
disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis
for a claim of lien, City may withhold from any payment due, without liability for interest
because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by
a nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other parry's
consent to or approval of any subsequent act. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
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UNARMED SECURITY GUARD SERVICES CONTRACT
7.5 Rights and Remedies are 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.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to 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.
7.7 Liquidated Damages. Since the determination of actual damages for
any delay in performance of this Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, the Contractor and its sureties shall
be liable for and shall pay to the City the sum of ($___) as liquidated
damages for each working day of delay in the performance of any service required
hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may
withhold from any monies payable on account of services performed by the Contractor any
accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at anytime,
with or without cause, upon thirty(30)days'written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter
time as may be determined by the Contract Officer. In addition, the Contractor reserves
the right to terminate this Agreement at any time upon, with or without cause, upon sixty
(60)days'written notice to City, except that where termination is due to the fault of the City,
the period of notice may be such shorter time as the Contractor may determine. Upon
receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be°specifically approved by the Contract Officer. Except
where the Contractor has initiated termination, the Contractor shall be entitled to
Compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has
initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of
termination without cause pursuant to this Section, the terminating party need not provide
the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the
failure of the Contractor to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of.Section 7.2, take over the work and prosecute the same
io
UNARMED SECURITY GUARD SERVICES CONTRACT.
to completion by contract or otherwise, and the Contractor shall be liable to the extent that
the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City,shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party
entitled to attorney's fees shall be entitled to all other reasonable costs for investigating
such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 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.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he is,directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,that
there shall be no discrimination against orsegregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request,document, Consent, approval,or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid,first-class mail; in
rr
UNARMED SECURITY GUARD SERVICES CONTRACT
I
the case of the City,to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this
Section.
I
9.2 Interpretation, The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
9.4 Severability: In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either parry of the basic benefit
of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement 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 Agreement on behalf of said party, (III) by so
executing this Agreement, such party 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 said party is bound.
(SIGNATURES ON NEXT PAGES)
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UNARMED SECURITY GUARD SERVICES CONTRACT
I
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of
the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED A FORM:
By: w✓f�"�- .
City Attome
13
UNARMED SECURITY GUARD SERVICES CONTRACT
i
CONTRACTOR: International Services,Inc. Check one:,_Individual_Partnership XCorporation
3771 W.242ntl Street, Suite 205
Torrance,CA 90505
Corporations require two notarized signatures,one from A and one from B; A.Chairman of Board,President,or any Vice
President:and B. SWqtary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By, By. L
Signatu (notarized) / Signature(notarized)
I
Name: Sam Karawia Name: Patrick Harper
Title: President Title:Chief Financial Officer
Address:3771 West 242nd Street, Ste. 205 Address: 3771 West 242nd Street, Ste. 205
Torrance, CA 90505
Torrance, CA 90505
jCalifornia state of California state of 1 Countyof Los Anceles as
County of Los Angeles ass
On t 10 ot* beforame, ;"" " �fl 1"� n Y is o` P before me, vq Et'X
personally appeared SA`M . V— 1A--dl Apersonally appeared
personally known to me(or Oroved to me on the basis of personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s) whose satisfactory evidence) to be the person(s) whose
name(s) Is/are subscribed to the within instrument and name(s) Islare subscribed to the within instrument and
acknowledged to me that he/sheAheyexecuted the same acknowledged to me that he/she/they executed the same
In his/her/their authorized capacity(les), and that by in his/her/their authorized capacity(tes), and that by
his/her/their,signature(s)on the Instrument the person(s), his/her/theirslgnature(s)on the Instrument the person(s),
or the entity upon behalf of which the person(s)acted, or the entity upon behalf of which the person(s)acted,
executed the instrument. A executed the instrument,
WITNESS my hand and vial seal. WITNESS my hand and offlci seal.
Notary Notary
Signature: — Signature:
Notary Seal: Notary Seal:
w __^_.
,nq(;riTp.MELGOZA r MAaGA�ITA MELGOZA "
'.�• Lommiss��n R 1496777 f1 Commission# 1496777
Notary Public-California < _ Notary Public-California
Los Angeles
County 'LLB, .� Los Angeles County
NN Comm.Expires Jun 26,2008 MY Comm.Expires Jun 26.2008
,
14
UNARMED SECURITY GUARD SERVICES CONTRACT
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK: Contractor shall provide all services, supervision, uniforms,supplies,
materials, equipment and transportation necessary to provide unarmed security guard
services for the City of Palm Springs Library, Skate Park,and Downtown Parking Structure.
This contract is for unarmed security guard services only. No firearms of any kind will be
allowed. The City does not require, nor will it prohibit, guards carrying hand-cuffs, batons,
mace or pepper spray. The City will not accept any liability associated with the use of such
items by a contractor's employees. However, a contractor may wish to furnish their
employees with such items for their own protection and therefore the contractor shall
accept full responsibility for the proper training and licensing requirements of the State of
California and all liability associated with the use of such items.
The primary responsibility of the unarmed security guard service is to"observe and report"
as defined by the State Bureau of Security and Investigative Services. Security guards
are to call for Police assistance whenever the situation warrants.
Qualifications of Assigned Security Officers: The contractor agrees to be responsible
for and shall provide supervision of the security officers working under this contract. The
contractor shall ascertain that all of its security officers meet and abide to the fallowing
requirements:
• Security Officers must be of good integrity and character.
• Security Officers must be high school graduates or equivalent.
• Security Officers must not have a prior criminal record and successfully passed a
criminal history background check through the California Department of Justice
(DOJ). The City of Palm Springs Police Department may, at its sole discretion and
at the Police Department's expense, run an additional background check through
the Federal Bureau of Investigation (FBI).
Security Officers must successfully complete contractor's and State of California's
training requirements.
Security Officers must have a valid driver's license.
• Security Officers must wear a neat and clean uniform with name tag or badge
identifying the Officer at all times while on duty.
• Security Officers must carry Nextel communications equipment supplied by the
contractor at all times while on duty, allowing them to call the contractor's main
dispatch center, the Palm Springs Police dispatch center, or 911 in case of an
emergency at any time.
Each security officer shall clearly understand his or her specific duties and the specific
limitations of their roles as security.officers. Security officers shall exercise good judgment
at all times and present themselves in a professional manner. Security officers should have
excellent interpersonal and verbal skills. The ability to speak and understand Spanish is
15
UNARMED SECURITY GUARD SERVICES CONTRACT '
preferable.
Officers shall conduct themselves at all times in a manner that is openly helpful, courteous
and welcoming towards all patrons, staff, vendors, and visitors. However, officers shall
avoid inappropriate and/or excessive socializing with patrons, staff, vendors and other
officers while on the premises. Officers shall not read any newspapers, magazines, orview
any other type of non-security related materials.while on duty. Officers shall be prohibited
from the following activities while on duty: making personal phones calls, except while on
break and off the premises, and use of private or public computers for internet access.
When dealing with problem behavior situations-including angry and verbally abusive
patrons, the officers shall maintain and project a calm and courteous attitude. All officers
should remember that the patron is always welcomed; however, problematic behavior is
not welcomed.
Daily Reports to be Provided for Each Facility: A "Daily Activity Report" must be
submitted on a standard Daily Activity Report form provided by the contractor. The report
is to include detailed descriptions, (make, model, color and license number,for example),
and time of encounter of suspicious vehicles or persons; descriptions of suspicious
persons, including gender, and actions taken. Contractor shall provide copies of the DAR
on a weekly basis (either electronic or paper copy) to the Contract Officer identified for
each facility.
SERVICES REQUIRED FOR THE PALM SPRINGS PUBLIC LIBRARY: The Library is
located at 300 South Sunrise Way. The hours that services are required at the Library are
estimated as follows:
From initial commencement of contract through June 30, 2006:
Monday and Tuesday: 11 AM to 8 PM
Wednesday thru Saturday: 11 AM to 5:30 PM
Starting July 1, 2006:
Monday and Tuesday 8 AM to 8 PM
Wednesday thru Saturday 8 AM to 5:30 PM
The following tasks will be performed:
o 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
16
UNARMED SECURITY GUARD SERVICES CONTRACT
i
enforce the Library's code of conduct
assist with the closing and securing of the building at the end of the business
day
During the patrol rounds the security officer will be on the lookout for any security
breaches, maintenance problems„safety issues and fire hazards. Problems and/or unsafe
conditions must be reported immediately and documented on the officer's own daily shift
report. Officers shall be prepared to respond properly and effectively to potentially
dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other
visitors from harm. Also, the security officer shall be prepared and ready to respond
appropriately to any and all other emergency situations involving fires, thefts of library
materials and/or property, thefts of public or private property, criminal trespass,sex crimes
and/or sexual misconduct,vandalism,stalking,workplace violence, disorderly conduct, civil
disturbances, panhandling, loud arguments, fights, and any physical and/or verbal
confrontations occurring in or around the Library. Due to the unique architecture of the
Library, access to the roof is relatively easy. Under no circumstance shall an officer go
onto the roof of the Library at any time. Should an officer suspect that someone has
entered the roof area, the officer shall immediately call the Palm Springs Police.
The security officer is also responsible for enforcing the rules and regulations of the
Library. The rules are identified in the section below entitled "Library Code of Conduct".
LIBRARY CODE OF CONDUCT
Welcome to the Palm Springs Public Libraryl
In order to ensure that we provide an atmosphere conducive to everyone's right to
unimpeded and enjoyable library use, the Library Board of Trustees has approved the
following code of conduct. The behaviors listed below are not acceptable in the Library,
and will not be tolerated.
➢ Engaging in any activity prohibited by law.
➢ Disruptive or unsafe behavior which interferes with the use of the library by others or
with,the staffs ability to function. This includes, but is not limited to:
1. Loud, abusive,threatening, harassing or insulting language toward staff or
other users.
2. Any sexual misconduct such as exposure, inappropriate touching, or
sexual language.
3. Activities or behavior that may result in damage, abuse or theft of library
property.
4. Petitioning, soliciting,gambling, advertising or selling merchandise without
the express permission of the Director of Library Services.
6. Playing any audio equipment or device at a level which can be heard by
others.
6. Verbal or physical fighting.
7. Stalking or invading another person's physical space.
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UNARMED SECURITY GUARD SERVICES CONTRACT
8. Entering the Library with any firearm, knife or other weapon prohibited by
City Ordinance or State Statutes,
9. Use of cell phones
10.Use of skates or skateboards on Library property
11.Refusal by adults over 18 years of age to leave the Teen Zone when
asked.
➢ Inappropriate personal behaviors including, but not limited to:
1. Sleeping
2. Smoking
3. Personal bathing or washing of clothes or personal items
4. Lack of shirt or shoes
5. Spitting
6. Poor personal hygiene which is offensive and bothersome to others
j 7. Bringing into the Library oversized items too numerous or too large to fit
under a study chair.
8. Leaving personal belongings unattended in the Library or on Library
grounds.
9. Being intoxicated with alcohol or drugs or in possession of any intoxicating
drug or alcoholic substance in the Library or on Library grounds.
10.Urinating or defecating anywhere on Library property, other than in public
restroom facilities.
➢ Entering the Library with animals, birds or vehicles, except as required by persons
with disabilities who are in possession of official certification for the animal.
We appreciate your cooperation with this code of conduct. Anyone violating the code will
be warned by staff and/or security. If the conduct continues, the offender will be asked to
leave the Library.
Library users will be expelled from the building without warning in situations of serious,
threatening, or willfully malicious behavior.
The Library reserves the right to revoke use of the Library and its grounds for repeated
failure to comply with this Code of Conduct. Anyone wishing to appeal their exclusion may
submit an appeal in writing to the Director of Library Services.
This Code of Conduct was adopted by Library Board of Trustees on June 29, 2006.
SERVICES FOR THE PALM SPRINGS SKATE PARK: The Skate Park is located at the
Leisure Center at 401 South Pavilion Way. The hours that services are required at the
Skate Park are estimated as follows:
Monday through Thursday: 4:00 PM to 8:00 PM
Friday: 4:00 PM to 10:00 PM
Saturday: 12:00 PM to 10:00 PM
Sunday: 12:00 PM to 8:00 PM
is
UNARMED SECURITY GUARD SERVICES CONTRACT li^1`r=.ACC'
The security officer is responsible for making sure each person entering the Skate Park
has checked in at the office, has received a wrist band and is wearing their safety
equipment(helmet, knee pads and elbow pads)while skating. The City provides shaded
tables near the entrance of the Skate Park that may be used by the security officer.
The security officer is also responsible for enforcing the rules and regulations of the Skate
Park. The rules are identified in the sections below entitled "Palm Springs Skate Park
Rules" and "Prohibited Conduct".
PALM SPRINGS SKATE PARK RULES
1 Resident membership cardholders must turn in their cards upon entrance to the
skate park. These cards will be returned to the cardholders upon exiting the skate
park.
2 Resident membership cardholders must sign a City of Palm Springs Emergency
Card/Waiver and Release Form annually when purchasing the membership. All
nonresidents and daily users must sign a City of Palm Springs Emergency
Card/Waiver and Release Form prior to entering the skate park for the first time.
3 Skateboarding and in-line skating are hazardous activities. Participants/users skate
at their own risk and are to skate within their own abilities.
4 Only skateboards and in-line skates are allowed in the skate park. No bicycles,
razors or motorized vehicles are permitted.
6 All skate park users must have this properly-completed City form on file with the City
to skate in the park.
6 Shirts, pants or shorts, and shoes must be worn at all times while using the park.
7 A helmet with a chin strap, knee pads with plastic knee caps, and elbow pads with
plastic elbow pads, all designed for skateboard and/or in-line skating, are required
to be worn and secured at all times-by participants using the park,Wrist guards are
required to be worn by in-line skaters under the age of 14,
8 Failure to use the aforementioned and identified safety equipment will subject
persons to expulsion from the park and potential citation..
9 Skating on areas outside the skate.park(i.e., park entrance sidewalks, park curbs,
parking lots, tables, benches, etc.) is prohibited.
10 Pieces of equipment, obstacles or apparatus are not allowed in the skate park or in
areas adjacent to or near the skate park.
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UNARMED SECURITYOUARDSERVICESCONTRACT
11 Participants may not enter onto or use an individual amenity or skate feature in the
skate park while another skater/per`son is using it. Participants are expected to treat
all other participants with respect and courtesy.
12 No graffiti or tagging, stickers, etc., of City property is/are allowed.
13 Trash is to be disposed of in proper trash receptacles.
14 Participants may not be under the influence of alcoholic beverages or illegal drugs.
While in the skate park, participants may not use, consume, or have within their
custody or control: food, alcoholic and non-alcoholic beverages, tobacco products,
illegal drugs or glass bottles.
15 Spectators must remain outside the skating area and are not permitted inside the
skating area.
16 Inappropriate behavior or disregard for the above rules will result.in expulsion from
the skate park and denied future access to the skate park. Your membership card
may be confiscated if you'are a yearly membership cardholder.
• The City of Palm Springs has the sole and exclusive discretion to close the skate
park facility due to inclement weather, wet pavement, or any unsafe condition(s)
at any time.
• I understand that if I or the participant vandalizes and/or destroys City property,
fees will be assessed for which the participant will be billed and further admission
to the skate park will be denied.
*Participants are required to sign a form agreeing to comply with the above rules prior
to entering the Skate Park.
PROHIBITED CONDUCT
Within the limits of any city public park or recreation area, or in any city owned
fountain, or in any fountain located in a public place in the city, no person shall:
(1) Hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that
this shall not apply to a dog when led by a cord or chain, not more than six feet long;
(2) Ride or drive any horse or other animal, or propel any vehicle, cycle or
automobile, except at a place especially designated and provided for such purpose;
(3) Carry or discharge any firearm, airgun, slingshot or other device designed or
intended to discharge, or capable of discharging any dangerous missile, provided
that this subsection shall not apply to any peace officer or other person lawfully
licensed to carry a concealed weapon or who regularly carries a weapon in
connection with private employment protecting property or persons (e.g., private
20
UNARMED SECURITY GUARD SERVICES CONTRACT
patrol services and bodyguards);
(4) Carry or discharge any firecracker, rocket, torpedo or any other fireworks,
provided that this subsection shall not be deemed to prohibit the possession or use of
safe and sane fireworks not otherwise prohibited by law, at places designated or
provided for such purpose-
(5) Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage,
pen, monument, fence, bench or other structure, apparatus or property;or pluck, pull
up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint
or deface in any manner, any building, monument, fence, bench or other structure;
(6) Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;
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(7) Swim, bathe, wade in, conduct personal hygiene (such as washing hair or body
with or without soap, shampoo or similar personal hygiene products; shaving with or
without shaving cream or similar personal hygiene products; oral care including using
mouthwash or brushing teeth with or without toothpaste or similar personal hygiene
products; cleaning any injury, wound, lesion, gash or abrasion in any manner with or
without medical products, cleaning products or similar personal hygiene products;
using any medical or other personal hygiene product to rid the body of lice or any
disease, infection or growth), or pollute the water of any fountain pond, lake or
stream, except at a place especially designated and provided for such purpose;
(8) Make or kindle a fire except in a picnic stove, brazier, fire pit, or other appropriate
device provided or approved for that purpose by the public authorities;
(9) Camp or lodge therein at any time, or otherwise remain overnight, whether or not
in a structure permanently affixed to the ground, except at a place especially
designated and provided for such purpose (including, if overnight camping is
involved, the place shall have been cleared for such use by the chief of police
pursuant to Chapter 11.40);
(10) Cook, prepare, serve or eat any meal, barbecue or picnic except at the places
provided therefor;
(11) Wash dishes, clothing, or garments or empty salt water or other waste liquids
elsewhere than in facilities provided for such purposes;
(12) Leave garbage, cans, bottles, papers or other refuse elsewhere than in
receptacles provided therefor;
(13) Play or engage in model airplane flying, driving of golf balls, archery, baseball,
softball, football, soccer, volleyball or any similar games of a hazardous nature
except at such places as shall be especially set apart for such purposes;
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(14) Play or bet at or against any game which is played, conducted, dealt or carried
on with cards, dice, or other device, for money, chips, shells, credit or any other
representative of value, or maintain or exhibit any gambling table or other instrument
of gambling or gaming;
(15) Indulge in riotous, offensive, threatening, or indecent conduct, or abusive,
threatening, profane, or indecent language;
(16) Disturb in any unreasonable manner any picnic, meeting, service, concert,
exercise or exhibition;
(17) Distribute any commercial handbill (as defined in Section 5.20.020) without a
prior permit so to do from the city manager, which permit shall be issued only after
due processing of an application pursuant to Chapter 5.20, and then only if the city
manager determines that it would be affirmatively in the public interest to allow upon
public property the commercial activity involved;
(18) Post, place, erect, or leave posted, placed or erected, any commercial or
noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of
any kind, in or upon any building, structure, pole, wire, or other architectural or
natural feature of whatever character, except upon a bulletin board or such place
especially designated and provided for such purposes, unless prior approval so to do
has been obtained from the city manager, which approval shall be given only if the
city manager determines that it would be affirmatively in the public interest to allow
the use of public property for such purposes, or that constitutional principles require
that the same be allowed;
(19) Sell or offer for sale any merchandise, article or thing whatsoever, or practice,
carry on, conduct, or solicit for, any trade, occupation, business or profession, unless
such activity has been expressly allowed pursuant to specific provisions to such
effect contained in either: a permit issued pursuant to Section 11.44.040; a permit
issued pursuant to Chapter 5.36; a permit issued pursuant to Chapter 5.48; a
concession agreement orfranchise or the like duly entered into or granted by the city
council;
(20) Remain, stay or loiter therein between the hours of ten p.m, and dawn of the
following day, except while attending a gathering or meeting for which a permit has
been issued or which is being sponsored or conducted by the city department of
community services. This subsection shall not apply to persons lawfully lodging,
camping or otherwise remaining overnight at a place especially designated and
provided for such purposes (including, if overnight camping is involved, the place
shall have been cleared for such use by the chief of police pursuant to Chapter
11.40);
(21) Use any restroom, washroom or dressing facility designated for the opposite
sex, except that this subsection shall not apply to children six years of age or younger
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who are accompanied by an adult or other older person;
(22) Row, sail or operate any boat, craft or other device, on or in any pond, lake,
stream or water except at such place as is especially designated and provided for
use of such boat, craft or device;
(23) Hunt, frighten, chase, set snare for, catch, injure ordestroy any animal or bird, or
destroy, remove or disturb any of the young or eggs of same, or injure or maltreat
any domestic or other animal;
(24) Fish with hook and line, seine, trap, spear or net, or by any other means, in any
pond, lake, stream or water, except at a place especially designated and provided for
such purpose.
(25) Alcohol Prohibited in City Parks.
The possession and/or consumption of alcoholic beverages within city parks is
prohibited except when a permit is issued pursuant to subsection (26) of this section;
(26) Permit for Alcohol in City Parks.
(A) A permit may be issued by the city manager or the city manager's written
designee to allow the possession and/or consumption of alcohol in city parks. A
permit may be issued only in conjunction with a contracted rental of a city park
pursuant to the terms of Section 11.44.040 of this chapter. Notwithstanding any
provision of this chapter,the city shall not be required to obtain such a permit for the
consumption of alcohol at any organized group activity which has been planned,
sponsored and approved by the city.
(B)The city manager or the city manager's written designee may refuse to issue any
such permit if the consumption of alcohol in the city park is reasonably anticipated to
incite violence, crime or disorderly conduct, or would otherwise be detrimental to the
public interest.
(C) The city manager orthe city manager's written designee may attach conditions to
any such permit which are deemed necessary or appropriate to ensure that the
consumption of alcohol will be carried on in conformance with applicable laws, rules
and regulations, in a manner consistent with proper park and recreation area uses
and in a manner not detrimental to the public interest.
(D)Any permit granted pursuant to the provisions of this section shall specify the time
and place in which the alcohol may be consumed, and shall designate the name of
the person, society, association, or organization to whom the permit is granted.
(Ord. 1645 § 1, 2004: Ord. 1399 § 1, 1991; Ord. 959 § 1 (park), 1974)
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4.
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SERVICES REQUIRED FOR THE DOWNTOWN PARKING STRUCTURE:. he Parkin� Q RT g
Structure is located at the corner of Baristo Road and Indian Canyon Drive. The hours
that services are required at the Parking Structure are estimated as follows:
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For the initial 30 day period: 24 hours, 7 days-a-week.
After the initial 30 day.period: Thursday thru Saturday: 7:00 PM to 3:00 AM.
The City has selected the option of the Electronic Watch Patrol System to be furnished and
installed by the Contractor forthe Downtown Parking Structure, utilizing one data collection
wand, at the rates outlined in the Schedule of Compensation. Contractor shall provide
Watch Patrol reports generated by the system to the Contract Officer identified for the
Parking Structure on a weekly basis during the first 30 days, and monthly thereafter.
Reports shall be provided in either electronic or paper copy.
The City shall post "Park at your own risk" signs prior to the commencement of service.
The following tasks shall be performed:
• Continuously patrol'the interior and exterior of the structure
• Monitor the public elevators
• Appropriately deal with aggressive, violent, and mentally disturbed patrons
until the police arrive
• Be able to make a citizen's arrest
• Be able to handle disruptive patrons of all ages,.particularly teenagers,firmly
and appropriately
Install hardware at Parking Structure for Electronic Watch Patrol System.
Software shall be installed at either Police Headquarters or at Contractor's
office, whichever is mutually agreeable between Contract Officer
representing the Parking Structure and representative of the contractor.
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UNARMED SECURITY GUARD SERVICES CONTRACT
EXHIBIT "B"
SPECIAL REQUIREMENTS
The requirements of Section 4.2, Contract Officer, have been revised as follows: The City
hereby designates the following persons as Contract Officers with respect to the identified
facility:
Public Library— Barbara Roberts, Director of Library Services
Skate Park- Scott Mikesell, Director of Parks and Recreation
Parking Structure— Dennis Graham, Police Lieutenant
The requirements of Section 5.3 for a Performance Bond are hereby waived.
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The requirements of Section 7.7 for Liquidated Damages are hereby waived.
CONTRACTOR'S PERSONNEL:
Not withstanding the conditions set forth in Section 4.4, Independent Contractor, the City
reserves the right to request the removal of an employee who is deemed unacceptable for
poor-performance, non-compliance, or other unsatisfactory behavior.
The Contractor shall be required to provide supervisory personnel of a high professional
caliber. The supervisory personnel shall conduct inspections to determine that work is
being performed in accordance with professional standards and established work
schedules. Said personnel must have the authority to respond immediately to situations
upon request by the Contract Officer(s). Contractor shall submit a supervisory chain of
command document identifying personnel names and telephone numbers, providing
updates as necessary. Said document must be submitted to the Contract Officer(s) on or
prior to the first day of work.
It shall be the responsibility of the Contractor to see that all his/her employees abide by the
City building security regulations and safety standards. The Contractor shall conduct his
work operations in such a way as to safeguard the City's personnel, equipment, and
property.
All personnel assigned by the Contractor to perform work for the City shall not have an
arrest record other than minor traffic violations, must be physically capable of performing all
duties assigned, and must present a physical appearance acceptable to the City.
TERMINATION FOR NON-APPROPRIATION CLAUSE:
Each payment obligation of the City is conditioned upon the availability of state or local
government funds which are apportioned or allocated for the payment of such an
obligation. If the funds are not allocated and available for the continuance of the service
performed by the Contractor, the service may be terminated by the City at the end of the
period for which funds are available.
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UNARMED SECURITY GUARD SERVICES CONTRACT o..�
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
'TOTAL COMPENSATION:
This is a unit price contract based on an hourly rate per man hour for unarmed security
guard services, including holiday pay, at $16.41 per hour.
The estimated hours and costs per facility per year are as follows:
YEAR #1 YEAR#2 YEAR #3 TOTALS
Hours Cost Hours Cost Hours Cost Total Total
Hours Cost
Library 2,864 $46,998.24 3,224 $52,906 3,224 $52,906 9,312 $152,810
Skate Park 2,080 $34,133 2,080 $34,133 2,080 $34,133 6,240 $102,399
Parking 1,824 $29,932 1,248 $20,480 1,248 $20,480 4,320 $70,891
Structure
Totals: 6,768 $111,063.24 6,552 $107,519 6,552 $107,519 18,916 $326,100
Total estimated compensation for labor for the initial three year term is $326,100.
Cost for the Electronic Watch Patrol System at the Parking Structure is a one-time $250
setup fee plus $75 per month, which includes one data collection wand. For the initial
three year term the total cost is $2950.
The total compensation for the initial three year term shall not exceed $329,050.
METHOD OF PAYMENT:
Payments will be made by City to the Contractor upon receipt of properly executed
invoices and in accordance with the provisions of this Agreement.
For all services which the Contractor is obligated to perform under the terms of this
Agreement, the City shall pay to the Contractor a monthly price per facility based on the
number of man hours of guard services provided to each facility at the hourly rate
established in this Agreement.
( 11.26
UNARMED SECURITY GUARD SERVICES CONTRACT
Payments shall be based upon submittal of a detailed monthly statement showing the
breakdown by facility to the respective Contract Officer by facility. Said statement shall
be submitted within two weeks following the end of the billing period defined as a
calendar month.
Prior to City payment of the monthly statement, the Contract Officer by facility as
identified in Exhibit B shall review and approve payment based on the satisfactory
completion of service. Payment shall be issued within thirty (30) days of receipt of the
monthly statement.
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UNARMED SECURITY GUARD SERVICES CONTRACT
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
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The term of this Agreement is for three (3)years, with two (2) one year renewal options at
the City Manager's discretion and mutual consent of the Contractor.
{
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UNARMED SECURITY GUARD SERVICES CONTRACT
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