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HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 2.D. �a*P A L M SAS �2 � c Ld N k k c n� % �R�ORwTEO� cq�,FORa'P CITY COUNCIL STAFF REPORT 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. '- ' 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 1 3 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 2 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. 3 5 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 4 6 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 5 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 6 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 7 9 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] 8 10 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) 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of _ On DMA before me, er Mnnrl Names a rd T4b W ft Oth4w � personally appeared raanrotat of s�4�rt�t who proved to me on the basis of satisfactory evidence to be time person(s) whose name(s)Ware subscribed to the within instrument and acknowtadged to me that helshelthey executed the same in histher/their authorized capacity(ies),and that by hi"ritheir sign�r"s(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct_ WITNESS my hand and official seal. 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