HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 2.D. �a*P A L M SAS
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DATE: July 7, 2010 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 3 TO MAXWELL SECURITY, AGREEMENT NO.
A5630, TO EXTEND UNARMED SECURITY GUARD SERVICES AT THE
SKATE PARK
FROM: David H. Ready, City Manager
BY: Parks and Recreation
SUMMARY
The City amended the Train Station security guard service agreement with Maxwell
Security on January 20, 2010 to add unarmed security guard services at the Skate Park
through June 30, 2010. This action would amend the current agreement with Maxwell
Security and extend unarmed security guard services at the Skate Park to coincide with
the term of the original agreement through February 1, 2012 with two optional one year
renewals.
RECOMMENDATION:
1. That City Council approve Amendment No. 3 to Agreement No. A5630 with
Maxwell Security to extend the unarmed security guard services for the hourly
rate of$18.00 at the Skate Park in the amount of $25,344 per year (hours subject
to change) with the term coinciding with the original agreement through February
1, 2012 with two one year optional renewals.
2. Authorize the City Manager to execute all necessary documents. A5630.
STAFF ANALYSIS:
The City still continues to experience a variety of problems including, but not limited to,
vandalism, vagrancy and disruptive behavior. On January 20, 2010 the City amended
the Maxwell Security agreement to add unarmed security services at the Skate Park
through June 30, 2010. This amendment will extend this security guard services at the
Skate Park through February 2012, with two one year renewal options, as per the terms
and conditions of the original agreement that includes services at the Train Station,
Library and Downtown Parking Structure.
The compensation is based on an hourly rate of $18. One (1) guard shall be on duty
Monday thru Sunday (7 days) from 6:30 p.m. to 10:00 p.m. for a total of 24.5 man hours
ITF V, 11,1 O.
City Council Staff Report
July 7, 2010 -- Page 2
Unarmed Security Guard Services
of security services per week for the period of June thru August ("off' season). One (1)
guard shall be on duty Monday thru Thursday, and again on Sunday from 4:30 p.m. to
8:00 p.m., and on Friday and Saturday from 4:30 p.m. to 10:00 p.m., for a total of 28.5
man hours of security services per week for the period of September thru May ("in"
season). Breakdown will be $1,911 per month for June thru August ("off' season) and
$2,179 per month for September thru May ("in" season), for a total of $25,344 per year
(hourly rate of$18, hours subject to change at the discretion of the City).
FISCAL IMPACT:
Funds are budgeted in Contractual Services, Account No. 001-2512-43200 for FY
2010/2011.
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VICKI OLTEAN THO AS J. W SON
Director, Parks & Recreation Assistant City Manager
DAVID H. READY, E
City Manager
Attachment:
1) Copy of Amendment No. 3, Agreement No. 5630
AMENDMENT NO. 3
TO
CONTRACT SERVICES AGREEMENT
FOR UNARMED SECURITY SERVICES
(Agreement No. 5630)
THIS THIRD AMENDMENT to the Contract Services Agreement No. 5630 for un-armed security
services is made and entered into to be effective on the day of , 2010 by and
between the City of Palm Springs, a California charter city and municipal corporation
(hereinafter referred to as the "City"), and Maxwell Security Services, Inc. (hereinafter referred
to as the "Contractor") (collectively, the"Parties").
RECITALS
A. City and Contractor previously entered into a contract services agreement for un-
armed uniformed security services at the Palm Springs Train Station located at 6001 Palm Springs
Station Road, which was made and entered into on February 4, 2009 (the "Agreement") in the
amount of$34,800 per year.
B. Section 1.8 of the Agreement provides that the Agreement may be amended at any
time with the mutual written consent of the Parties for Additional Services.
C. City and Contractor previously amended the Agreement to add un-armed uniformed
security guard services for the Palm Springs Library and the Downtown Parking Structure, which
commenced on July 1, 2009 (Amendment No. 1, as approved by City Council June 24, 2009),for
the hourly rate of$18 and in the estimated annual amount of$33,696 per year at the Library and
$21,060 at the Parking Structure (hours subject to change).
D. City and Contractor previously agreed to temporarily add un-armed uniformed
security guard services at the Skate Park, which commenced on October 14, 2009 (temporary
change as allowed under City Manager authority limit),for three months at the hourly rate of$18 for
a total of$8,235, and then increased coverage for an additional $6,647 effective November 24,
2009 (total increase $14,882).
E. City and Contractor previously agreed to amend the agreement(Amendment No. 2,
as approved by City Council February 1, 2010)to extend the un-armed uniformed security guard
services at the Skate Park for the period January 15,2010 through June 30,2010 at the hourly rate
of$18 for 95 hours per week for 22 weeks in a total amount of$37,620 for the period(hours subject
to change).
F. City and Contractor desire to amend the agreement(Amendment No. 3)to extend
the un-armed uniformed security guard services at the Skate Park again for the period commencing
July 1, 2010 and apply the same Term and cancellation conditions as per Sections 3.4; 7.8 and
"Exhibit D Schedule of Performance"(3 year term with 2 one year renewal options concurrent with
the original agreement with a 30 day cancellation clause, as awarded by City Council February 1,
2009)to the Skate Park. Services at the Skate Park shall be provided at the same$18 per hour as
the other facilities and are estimated at the annual amount of$25,344 per year(hours subject to
change).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
AGREEMENT
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1. Amendment to Section 1.1 Exhibit "A" of the Agreement—entitled "Scope of Services":
Exhibit"A"of the Agreement is hereby amended to delete the Scope of Services for the Skate Park
as defined in Amendment No.2 and replace with this revised Scope of Services for the Skate Park
that shall include the following services and read as follows:
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
Skate Park.
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 following 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 contractors 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 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, or view 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
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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 the facility.
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 as
follows and shall be effective commencing on July 1, 2010:
One(1)guard shall be on duty Monday thru Sunday(7 days)from 6:30pm to 10:00pm for a
total of 24.5 man hours of security services per week for the period of June thru August
(`off"season). One(1)guard shall be on duty Monday thru Thursday,and again on Sunday
from 4:30pm to 8:00pm,and on Friday and Saturday from 4:30pm to 10:00pm,for a total of
28.5 man hours of security services per week for the period of September thru May ("in"
season).
The security officer is responsible for making sure each person entering the Skate Park 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 Skateboarding and in-line skating are hazardous activities. Participants/users skate attheir
own risk and are to skate within their own abilities.
2 Only skateboards and in-line skates are allowed in the skate park. No bicycles, razors or
motorized vehicles are permitted.
3 Shirts, pants or shorts, and shoes must be worn at all times while using the park.
4 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.
5 Failure to use the aforementioned and identified safety equipment will subject persons to
expulsion from the park and potential citation.
6 Skating on areas outside the skate park(i.e., park entrance sidewalks, park curbs, parking
lots, tables, benches, etc.) is prohibited.
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7 Pieces of equipment, obstacles or apparatus are not allowed in the skate park or in areas
adjacent to or near the skate park.
8 Participants may not enter onto or use an individual amenity or skate feature in the skate
park while another skater/person is using it. Participants are expected to treat all other
participants with respect and courtesy.
9 No graffiti or tagging, stickers, etc., of City property is/are allowed.
10 Trash is to be disposed of in proper trash receptacles.
11 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.
12 Spectators must remain outside the skating area and are not permitted inside the skating
area.
13 Inappropriate behavior or disregard for the above rules will result in expulsion from the skate
park and denied future access to the skate park.
• 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.
1. 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 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
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manner, any building, monument, fence, bench or other structure;
(6) Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer;
(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;
(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
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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 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 or destroy 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
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violence,crime or disorderly conduct,or would otherwise be detrimental to the public interest.
(C) The city manager or the 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 (part), 1974)
2. Amendment to Section 2.1 of the Agreement. entitled "Contract Sum": Section 2.1 of the
Agreement is hereby amended in its entirety to read as follows:
"Contract Sum. For the services rendered under this Agreement, Contractor shall be
compensated in accordance with the amended Schedule of Compensation set forth in
Exhibit "C," which is attached hereto and is incorporated herein by reference, after: (1)
completion of the services to be conducted under this Agreement;(2)the City's acceptance
that the scope of services described in Exhibit"A"was properly and satisfactorily performed,
and (3) the City's receipt of an invoice thereon. Except as otherwise provided in this
Agreement pursuant to paragraph 1.10 above,the total payments to be paid for the services
to be provided under this Agreement(collectively,"Contract Sum")shall not exceed a total
of$114,900 per year for services rendered at the Train Station, Library, Parking Structure
and Skate Park. Any invoice of services rendered to the City is to contain a complete and
accurate description of all work to be charged pursuant to the invoice."
3. Amendment to Exhibit "C" of the Agreement. entitled "Schedule of Compensation":
Exhibit"C"of the Agreement,concerning total compensation, is hereby amended to read as follows:
"Total Compensation: Total compensation for services provided hereunder is based on an
a fixed monthly patrol rate for the Train Station and an hourly rate for unarmed security
guard services at the Library, Parking Structure,and Skate Park(hours subject to change)
for an estimated total of$114,900 broken down as follows:
Breakdown:
Train Station = $2900 per month, or$34,800 per year(fixed rate)
Library =$2,808 per month, or$33,696 per year(hourly rate $18)
Parking Structure = $1,755 per month, or$21,060 per year(hourly rate $18)
Skate Park=$1,911 per month for June thru August(off season)and$2,179 per month for
September thru May(in season), or at total of$25,344 per year(hourly rate of$18).
GRAND TOTAL = $114,900 PER YEAR
4. Amendment to Exhibit"D"of the Agreement,entitled"Schedule of Performance": Exhibit D"
of the Agreement is hereby amended to include the following additional provisions:
"Schedule of Performance":
Service at the Skate Park shall commence on July 1, 2010.
One(1)guard shall be on duty Monday thru Sunday(7 days)from 6:30pm to 10:00pm for a
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total of 24.5 man hours of security services per week for the period of June thru August
(`off'season). One(1)guard shall be on duty Monday thru Thursday,and again on Sunday
from 4:30pm to 8:OOpm,and on Friday and Saturday from 4:30pm to 10:00pm,for a total of
28.5 man hours of security services per week for the period of September thru May ("in"
season).
5. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is
by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof,
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 in all respects govern and control.
6. 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.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed
the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA.
By By
City Clerk City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
City Attorney
Date:
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer.
CONTRACTOR NAME:
Check one—Individual—Partnership_Corporation
Address
By By
Signature(Notarized) Signature(Notarized)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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_
WITNESS my hand and official seal.
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