Agenda packet, closed session — Palm Springs City Council, November 21, 2024 (part 8 of 11)

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Advexure LLC
9281 Irvine Blvd Irvine, CA 92618
Wisconsin
Travis Waibel
Daniel Waibel
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Travis Waibel, CEO
7/1/2024
Travis Waibel 100%
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CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P288 WITH THE RANCH RECOVERY CENTERS, INC. FOR REHABILITATION

SERVICES
FROM: Scott C. Stiles, City Manager
BY: Andrew Mills, Palm Springs Police Department
SUMMARY:

Award a contract services agreement with The Ranch Recovery Centers, Inc. for Rehabilitation Services.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P288 (Attachment A) with The Ranch Recovery Centers, Inc. to provide rehabilitation services for a one-year term in an amount not to exceed $271,437.75 beginning January 1, 2025 through December 31, 2025, with one one-year extension option at the City’s sole discretion; and

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on October 1, 2024, The Ranch Recovery Centers, Inc. is registered in the state of California.

BACKGROUND:

The Palm Springs Police Department, in partnership with the Riverside County District Attorney's Office, has a need to develop and implement a retail theft diversion program.

This is a grant-funded program with an initiative that aims to reduce recidivism by offering comprehensive rehabilitation services to eligible offenders in lieu of traditional prosecution.

Theft-related offenses place a significant burden on the Palm Springs Police Department Item 1R - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Award Rehabilitation Services Contract
and the criminal justice system. Recognizing the potential for rehabilitation, the City and the District Attorney's Office are committed to implementing a diversion program that fosters positive change and reduces recidivism.

Program Goals:

1. Reduce recidivism rates for retail theft offenses.

2. Offer offenders an alternative to traditional incarceration and a path to successful reintegration into society.

3. Address underlying issues that contribute to criminal behavior, such as substance abuse, mental health concerns, and criminal addictive behavior.

The program seeks to divert up to 15 eligible individuals arrested for retail theft to a comprehensive 45-day rehabilitation program.

A participant agreement will be established between the Palm Springs Police Department (PSPD), the Riverside County District Attorney's Office, the participant, and the selected non-profit organization (Contractor) (See Draft Agreement – Appendix A) as follows:

1. Participants without pending criminal charges will enter into a voluntary agreement with the Palm Springs Police Department to participate in the rehabilitation program.

2. For participants with pending criminal charges, an agreement outlining program rules and outcomes must be agreed upon and signed by both the participant and the Riverside County District Attorney's Office.

3. The participant agreement will include HIPAA release information for statistical data for Grant purposes.

STAFF ANALYSIS:

The Police Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

One proposal was received by the deadline of October 1, 2024 as follows:
• The Ranch Recovery Centers, Inc. – Desert Hot Springs, CA Although only one proposal was received, 27 non-profit organizations were notified via email, phone, and PlanetBids; 9 of the firms notified were local, and 16 firms downloaded the files.

The evaluation team made up of City staff from the Police and Housing & Community Development departments evaluated the proposal received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.

Item 1R - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Award Rehabilitation Services Contract
The Ranch Recovery Centers, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This rehabilitation program aligns directly with the City of Palm Springs' strategic plan, particularly in the areas of good governance, quality of life, and public safety. By addressing the root causes of crime, such as substance abuse and mental health issues, this initiative contributes to a safer and more prosperous community. Additionally, the program supports the City's efforts to reduce homelessness by providing individuals with the tools and resources they need to become self-sufficient. Ultimately, this initiative will enhance the overall quality of life for all residents of Palm Springs.

FISCAL IMPACT:

The total cost of the one-year rehabilitation services agreement shall not exceed $271,437.75. This expenditure will be covered entirely by the Board of Safety and Community Corrections grant.

REVIEWED BY:

Department Director: Andrew G. Mills
Procurement & Contracting Director: Kim Baker
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Agreement No. 24P288
B. Public Integrity Disclosure
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ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 24P288

REHABILITATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 1, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and The Ranch Recovery Centers, Inc., a California Nonprofit Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a non-profit organization to provide rehabilitation services, (“Project”).

B. Contractor has submitted to City a proposal to provide rehabilitation services, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. 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.

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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $271,437.75.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); Item 1R - Page 6

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and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on January 1, 2025, and ending on December 31, 2025, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for one (1) additional one (1) year term.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Rodney Miker, COO/Vice President.

It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without Item 1R - Page 7

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the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither 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, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee 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; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Rodney Miker COO/Vice President
Richard Mesa CEO/President
Jolie Petkov Administrative Manager
Michael Smith Program Manager (The Ranch)
Elizabeth Chavez Program Manager (Hacienda Valdez)
Megan O’Neill Registered Nurse/ Nursing Supervisor
Gregory Gomez Program Clinician (The Ranch)
Dianna Johnson Program Clinician (Hacienda Valdez)
Ralph Holcomb Case Manager (The Ranch)
Howard Ennaco Case Manager (The Ranch)
Mikie Butcher Case Manager (The Ranch)
Joseph Clipper Case Manager (The Ranch)
Donna Garnett Case Manager (Hacienda Valdez)
Teri Mills Case Manager (Hacienda Valdez)
Jasmine Oberman Case Manager (Hacienda Valdez)

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, Item 1R - Page 8

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demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 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.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No Item 1R - Page 10

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consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 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. 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.

9.5 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS
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11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: The Ranch Recovery Centers, Inc.

Attention: Rodney Miker
7885 Annandale Ave.

Desert Hot Springs, CA 92240

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 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 shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by Item 1R - Page 12

Page 9 of 22 ends

reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
Item 1R - Page 13

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE RANCH RECOVERY CENTERS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1R - Page 14

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1R - Page 15

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1.1 Background:

A. The Palm Springs Police Department, in partnership with the Riverside County District Attorney's Office, has a need to develop and implement a retail theft diversion program. This a grant funded program with an initiative that aims to reduce recidivism by offering comprehensive rehabilitation services to eligible offenders in lieu of traditional prosecution.

B. Theft-related offenses place a significant burden on the Palm Springs Police Department and the criminal justice system. Recognizing the potential for rehabilitation, the City and the District Attorney's Office are committed to implementing a diversion program that fosters positive change and reduces recidivism.

C. Program Goals:

1. Reduce recidivism rates for retail theft offenses.

2. Offer offenders an alternative to traditional incarceration and a path to successful reintegration into society.

3. Address underlying issues that contribute to criminal behavior, such as substance abuse, mental health concerns, and criminal addictive behavior.

D. The program seeks to divert up to 15 eligible individuals arrested for retail theft to a comprehensive 45-day rehabilitation program.

E. A participant agreement will be established between the Palm Springs Police Department (PSPD), the Riverside County District Attorney's Office, the participant, and the selected non-profit organization (Contractor) (See Draft Agreement – Appendix A) as follows:

1. Participants without pending criminal charges will enter into a voluntary agreement with the Palm Springs Police Department to participate in the rehabilitation program.

3. The participant agreement will include HIPAA release information for statistical data for Grant purposes.

1.2 Scope:

The Contractor will be responsible for providing the following services:

A. Anti-Recidivism Focus: Recognizing the role of substance abuse and mental health in criminal behavior, the program will prioritize addressing these factors to prevent future offenses.

B. Substance Abuse Treatment: The program will offer evidence-based interventions to address substance abuse issues.

C. Mental Health Support: The program will provide qualified mental health professionals to assess and address participants' mental health needs.

D. Criminal Addictive Behavior Education: Participants will receive education and support focused on identifying triggers, developing relapse prevention strategies, and utilizing cognitive behavioral therapy (CBT) techniques to reduce criminal activity.

Item 1R - Page 16

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E. Mandated In-person Rehabilitation: The program will require participants to complete a 45-day residential treatment program, ensuring consistent support and structure.

F. The rehabilitation center will collaborate with PSPD to facilitate transportation for participants who lack personal means or require assistance beyond PSPD's capacity.

G. The rehabilitation center will provide storage for a limited amount of participants' personal belongings. The PSPD will also offer temporary storage for participants’ essential items, excluding perishable goods, trash, or large bulky objects. This storage service will be available for a maximum of 60 days or until the completion of the rehabilitation program.

H. Participant Needs:

1. Food and Beverage: The program will provide participants with access to nutritious meals and non-alcoholic beverages throughout the day.

2. Clothing and Hygiene: The program will provide clothing as needed and ensure access to laundry facilities for personal hygiene.

3. Shelter and Amenities: The program will offer safe and secure shelter with access to basic amenities.

I. Documentation and Reporting:

1. The Contractor will utilize established methods (e.g., surveys, interviews) to collect data on participant demographics, program participation, completion rates, and recidivism. This data will be submitted to the PSPD and the District Attorney's Office for program evaluation.

2. The Contractor will also maintain consistent communication with PSPD and the District Attorney's Office regarding a participant's status, including instances of leaving the facility or failing to complete the program.

3. The Contractor is responsible for maintaining HIPAA data and releasing statistical data for Grant purposes.

4. The Contractor will notify PSPD of the following participant milestones:
a. Enrollment
b. Program entry
c. Program completion
d. Voluntary withdrawal, or expulsion

5. Additionally, the PSPD will inform the Contractor of any criminal activity that might necessitate program termination.
a. Key dates for these milestones will be provided.

1.3 Schedule:

Work will commence on issuance of notice to proceed and all work shall be completed by the end of the contract term.

1.4 Compensation:

Work will be compensated on a daily rate basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the Item 1R - Page 17

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amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1R - Page 18

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Item 1R - Page 19
Appenclilc "A"
City of Palm Springs
Police Department
200 S. Civic Ori ·e · Palm Springs, California 922 62
TEL: (760] 323-8116 ·FAX: (760] 323-8178 · liDD (760) 864-9527 This Voluntall"',' Agreement is made a1nd entetred into as o,f ~[ ---~JI by andl lbetwee:n the P'a1llm Sp~i1ngs Pol"oe Department, a 1ca1lifomia govemmenta'I agemcy, witilrl its primdpal place of ln.1S!i ess at 2001 S •. Civh: Drive, IPalm Springs, 1Califomi,a (liLereinafter refoirredl to as "~PD~'), a111.d .__ _________ ___,,. re-st d"·ng at _____________ __, . with1 a telephone n1.1mbe,r of ______ a1nd date of birth of (he;re;inaftel" refenred to as •~cUent')..

SUMMARY: Tlit.e 45-dlay rehabilitation progllfami a·ims to reduce recidivism by addressing c.ore issues s'l!.lch1 as life s!~ills deficits, anger man:agement, and s bstance .abuse or me;111tal health d~order.s. Participants. will develop essentialll llffie skiHs, learn to manage anger effectivell:v:. a·nd rece·ve suppo:rt for overco:ming addictions or mental health ,1:hallllenges. This oomprehensive approacb is d!esigined to equip individuals with the tools they need to b Ild a stalb!e .and lawabiding life.

1. d'ent Particiipation: dient is partii:cipa:nng 1··n1 a volum,tarv rehabilitation program at the Rahab Center f,ee of ,charge from ldate) Ibo (dat•e) _____ ~ a 45 day prngram. (Address of Rehab'fit:atiom Cen,ter) _________________ _

2. Agireeme111t to A!bi:d1e by Rules: Client agrees to abide by all! rules and regulations of the Rehabil'ta:tion Center. (List of rules will lbe provided t,o die;nt upon en,try info the progiram from the rehabilit.ati:o:n center).

3. lermimation andl Comseq,uem:es: Client understands that failure to comp~ ,-.ii,th the rnle--s and re-gu'l!ations oitfthe Reh:alb''lit:ation1 Cen,ter may result in te1mina1tion from the proer.am. In the event oftermina:tii.cm, d'·ent will be 1rel!eased from the facility andl will 1no longeill' rece'ive any s ervices from PS:PO, 'ncl1.11ding tran>Spartation.

Post:Offioe Box 1830 · Palm Springs, California 92.26.3-1830

Page 16 of 22 ends

Item 1R - Page 20
4!. Vo 11J111iary Departure: !If 1Cliem1 vol 11J111iari1I¥ Eea,ves the Rehabili1tam,:n Celiller, such action W:i1II be rnnsidered a t ermima:tion fromi the pmgirarn. The Client will no folilger lbe elig;i1bme for this 1nograim1 imdudililg tra1i1'5\portation.

5. Retum to Treatment: llf Clie111t attempts to 1ret1u m to breatrn.ent after voluntaurily leaving permissiom to, do so mus,t be gra·nted by both the IRehabilit.atii'.om Center and PSPD.

16. E1i11tire Agreement: This Agreem.ent oomstitures the entire apeemelillt beMeen the pa'l'ties and supersedes all prio or oo:nd:emporarn.eous communieations, represenla1tions, or ~reements, 1Wilriethe11 oral o , 1W1ritten.

7. PS1PD m:av ,assist \\li,th stori111g non-pelishalb e pers-0111al belongi1111gs ir111 a11111 oubide star.age locker, at tlite PSPD faci11 ity for up ro 45 days.

IN WITNESS WHElREO:IF, th e parties have executed th is Vol1J1111itary Agreement as of t'l11,e date first wriitten a1oo,ve.

Pa1llm Spri111g.s Pol":oe Department
By: _____________ [DPrinted Name] [11iitle]
_______________ [~iglil:ature]
_____ [Date]
Client
By: _____________ filPirinted INJame] (11iitle]
_______________ [s:ig111:ature]
_____ [Date]
___________________ [RelriabHitation Centeilf Name]
By:. ______________ [Prinited Na·me] [Til:Jl1e·]
_____ ___._Date,]
Post Office Box 1830 - Palm Spririgs, California 92263-1830

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Additional Cost Calculations:

Description Estimated
Qty Rate per day Total 45 day program
TOTAL
Rehabilitation
Services as
outlined in
the scope of
work
15 people $402.13 $6,031.95 45 $271,437.75
1 person $402.13 45 $18,095.85
Item 1R - Page 21
ATTACHMENT "G"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 11-24)

RE,HABIUTATION SERVICES
TH.IS FORM MUST BE CO.MPLET1ED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 ~'Cost Proposal'\. NOT with Efectronic File #1 , Technical/Worf( Proposal*) ~ ..
:LJNIT·Qf . EST:IIMATED. ·., .., .,
ITEM DESGRII PllON· MEASURE - Q_UANTITY. .. - ,:.RA.TIE .. ···;-,QTAL ' .; '. . i ·. ; •· I ' ,, .. .. ~ .. ·-,• .. -. ' Rehabilllitation Services Daily p,er $402.13 $2.71,437.75 1 as outllined in the person rate 15 perday
scope of work per client
Firm Name: The Ranch Recovery :Centers, Inc.

Signature of Authoriz·ed Person: _.-rB ___ -·_Z ___________ _ Printed Name: Rodney Miiker
Title: COONioe President
1 D ate: _________ q . ?o . 2-t; ______________ _

Page 18 of 22 ends

EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1R - Page 22

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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after Item 1R - Page 23

Page 20 of 22 ends

completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance Item 1R - Page 24

Page 21 of 22 ends

underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1R - Page 25

Page 22 of 22 ends

EXHIBIT “C”
Item 1R - Page 26

A TTAOHMENT ''P'
EXEOIJTllVE ORDER N"8•22 CIERllflCA TilrON
REQUESTS If OR IP1ROPOSALS, 1(RiF P 11-24)
REHABIUTAT1IO:N SERVICES
Exeouhve Order N-6-22 Issued' lby GoYernor Gavrn Nei.-vsom on March 4, 2022,, directs all agerncies and departments ·lhat are su~J~t to the Governor's autholify to (a) terinfnate, ainy contracts wilh any lndlrvtduals or entitles that are, determined ~o be a target of economic sanctions agaln,st Russia and Ru,s.slan entitles and individuals; ,and (b) refrain from enterirng into any new oontraots wilh such 1lndMcl1Jals or entmes w ite the aifor mentioned sanctions are in efrfect
Execultve Order N-6-22 also requires that any wmraoto that (1) currently has, a contract vAlh th,e CLty of Palm Springs funded through grant fu dls pro:vided by tile State of California; and/or (2) siulbmrlts a bidl o·r proposal or otherwise proposes. to or enter 1inito or renew a contract ~•/rth the CHy of Palm Springs wffll State of California grant fi.mds, certify that th-e perS-on is: not · he tarrget ,of any econo: ic sa1r11otrons against Russia arid Russian enlioes and indti,11ldualls.

T he contractor hereby certifl ,, SUBJECT TO PENA!LTY FOIR IPl81RJI.JRY that a), Hle co111tractor 1is not a target of any ewnomic sanctions. aga1nst Russian and Russian e1ntittes and indi11id1Uals as discussed in Executive Order Ni-6-22 ,and b) tile person sigl'ling below is dl1Jiy a.1.1 horiz,ed to leg1ailly bi111d the, Contract.or. l is certification Is made un<fer the la\WS of 81e sta e of Califomia.

IIPrinted Name· Rodney !Miker
Title: COOMce Pr-esjden1t
Flirm1 Name: The Ranch Recovery Centers l11c.

Date: __ 'j_::_ .... 5 ..... d __ ' _ .. 2._. .....'/ _____ _

ATTACHMENT B
Item 1R - Page 27
Item 1R - Page 28

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
The Ranch Recovery Centers, Inc.

2. Address of Entity (Principal Place of Business)
7885 Annandale Ave, Desert Hot Springs, CA 92240

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
!;21 Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Richard Mesa, CEO/President 1:21 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Rodney Miker, COONice President 121 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1R - Page 29

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A
The Ranch Recovery Centers, Inc. 100%, The Ranch Recovery Centers, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date ~"?_ o/ · s t1 · 2 {,,I
Rodnev Miker, COONice President

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9163 WITH GALLS, LLC FOR UNIFORMS, EQUIPMENT, GEAR, AND BULLETRESISTANT VESTS FROM: Scott C. Stiles, City Manager
BY: Andrew G. Mills, Palm Springs Police Department
SUMMARY:

Palm Springs Police Department (PSPD) staff previously contracted with Galls, LLC for uniform, equipment, gear, and bullet-resistant vest services totaling $75,000 for a term of July 1, 2022, through February 19, 2025. This agreement allows PSPD to outfit new hires and lateral employees with academy uniforms, gear, and bullet-resistant vests.

Amendment No.1 is adding $100,000 for additional gear and extends this service agreement for an additional 23 months, from February 19, 2025, to December 31, 2026.

RECOMMENDATION:

1. Approve Amendment No. 1 to Agreement No. A9163 (Attachment A) with Galls, LLC for uniform and equipment services for $100,000 and revised agreement amount not to exceed amount of $175,000 and a term of July 1, 2022 to December 31, 2026.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B), Galls Parent Holdings, LLC dba Galls, LLC is registered in the states of Delaware and California.

BACKGROUND:

Palm Springs Police Department (PSPD) staff previously contracted with Galls, LLC for uniform, equipment, gear, and bullet-resistant vest services totaling $75,000 for a term of July 1, 2022, through February 19, 2025 (Attachment C). This agreement allows PSPD to outfit new hires and lateral employees with academy uniforms, gear, and bulletresistant vests.

Item 1S - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
PSPD Uniforms
During the current agreement period, PSPD has hired 25 new employees, each requiring an average expenditure of $2,800 on uniforms, gear, equipment, and bullet-resistant vests. Since 2022, PSPD has spent roughly $75,000 for these services. Additionally, PSPD currently has 8 vacant positions (4 police officer and 4 community service officer) and anticipates a number of retirements within the next 23 months.

STAFF ANALYSIS:

The proposed Amendment No. 1 to the existing Services Agreement with Galls, LLC, will ensure the continued provision of essential uniform, equipment, gear, and bullet-resistant vest services to the PSPD.

PSPD requests an additional $100,000 for this amended agreement period to accommodate rising costs of uniforms, equipment, gear, and bullet-resistant vests.

The amendment with Galls, LLC, will allow PSPD to be well- positioned to outfit new hires with the required equipment and tools they need, ensuring the department's readiness to effectively serve the community.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

The continuation of the Galls, LLC contract will ensure PSPD personnel continue receiving essential uniforms, equipment, gear, and bullet-resistant vests. Since 2022, the department has spent approximately $75,000 on these items, with individual costs ranging from $300 to $4,000 depending on employee status and equipment needs.

Annual costs fluctuate based on new hires, with 25 employees hired in FY 2022 and 2023, and more expected due to attrition and retirements. These costs will remain within the budget for contractual services. Additionally, PSPD receives a two-year grant from the Bureau of Justice Assistance's Patrick Leahy Bulletproof Vest Partnership Fund, covering 50% of bulletproof vest purchases, with $14,069.94 allocated for FY 2024 to help off-set these costs.

Item 1S - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
PSPD Uniforms
REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Amendment 1
B. Public Integrity Disclosure Form
C. Agreement for Contract Services
Item 1S - Page 3

ATTACHMENT A
Item 1S - Page 4

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASE
AGREEMENT A9163

BETWEEN THE CITY PALM SPRINGS AND GALLS, LLC

1. Parties and Date.

This Amendment No.1 to Cooperative Purchase Agreement A9163 Body Armor with Related Accessories, Equipment, and Services is made and entered into as of this 4th day of November 2024, by and between the City of Palm Springs (“City”) and GALLS, LLC, a Limited Liability Company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled Cooperative Purchase Agreement A9163 Body Armor with Related Accessories, Equipment, and Services dated July 01, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide Body Armor with Related Accessories, Equipment, and Services for an amount not to exceed $75,000 and a term of July 01, 2022 through February 19, 2025.

2.2 Amendment. The City and Contractor desire to amend the Agreement to add compensation and extend the term.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 9 of the Agreement.

3. Terms.

3.1 Term. Section 2 of the Agreement is hereby amended in its entirety, adding one year and 11 months, to read as follows:
“Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on July 01, 2022, and ending on December 31, 2026.”

3.2 Compensation and Payment. Section 3 of the Agreement is hereby amended in its entirety, adding $100,000, to read as follows:
“This Agreement is for an amount not to exceed $175,000.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Item 1S - Page 5

Page 2 of 3 ends

Revised: 10.31.23
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1S - Page 6

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND GALLS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: 11/21/24 Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1S - Page 7

ATTACHMENT B
Item 1S - Page 8
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Galls, LLC
1340 Russell Cave Rd, Lexington, KY 40505
Michael Fadden
Chief Executive Officer
Jim Dugan
Chief Revenue Officer
Delaware
Dustin McDulin
Chief Financial Officer
Item 1S - Page 9
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Galls Intermediate Holdings, LLC 100%
Mike Fadden,
CEO
November 7, 2024
Item 1S - Page 10

ATTACHMENT C
Item 1S - Page 11

CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract
Company Name:

Company Contact:

Summary of Services:

Contract Price:

Funding Source:

Contract Term:

GALLS, LLC
Tiffany Brewer ([email protected])
Body Armor w/Related Accs., Equip & Svcs – Sourcewell 011221-GAL $75,000
Police: 1005000-50000
July 1, 2022 through February 19, 2025
Contract Administration
Lead Department:

Contract Administrator:

Police
Melissa Desmarais
Contract Approvals
Council Approval:

Resolution Number:

Agreement Number:

N/A
N/A
A9163
Contract Compliance
Exhibits:

Signatures:

Insurance:

Bonds:

Yes
Yes
Yes
N/A
Contract Prepared By: Procurement and Contracting
Submitted on: June 28, 2022 By: Brian Sotak-Rossman
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 12
Revised 2.9.22 Page 1 of 11
COOPERATIVE PURCHASE AGREEMENT A9163

BODY ARMOR WITH RELATED ACCESSORIES,

EQUIPMENT, AND SERVICES
SOURCEWELL CONTRACT 011221-GAL
This Cooperative Purchase of Body Armor with related accessories, equipment, and services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and GALLS, LLC, a Limited Liability Company with its principal place of business at 1340 Russell Cave Road, Lexington, KY 40505 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. BACKGROUND.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No. 011221-GAL with Contractor (“Cooperative Agreement”).
b. The City desires to purchase body armor with related accessories, equipment, and services attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety. c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. TERM. Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on July 01, 2022, and ending on the expiration of Sourcewell Contract 011221-GAL.

3. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $75,000.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

4. APPROPRIATIONS. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

5. INSURANCE. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

6. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 13
Revised 2.9.22 Page 2 of 11
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

7. NOTICE. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: GALLS, LLC
Attention: Tiffany Brewer
1340 Russell Cave Rd.

Lexington, KY 40505
Phone: 859-800-1406
[email protected]

8. Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.

9. Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into.
a. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 14
Revised 2.9.22 Page 3 of 11
b. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

11. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

12. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 15
Revised 2.9.22 Page 4 of 11

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF BODY ARMOR WITH

RELATED ACCESSORIES, EQUIPMENT, AND SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF PALM SPRINGS AND GALLS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 6/30/2022
7/5/2022
Item 1S - Page 16
Revised 2.9.22 Page 5 of 11
ATTACHMENT “A”

SCOPE OF WORK
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 17
Revised 2.9.22 Page 6 of 11
The scope of the services will be as outlined in the SOURCEWELL Contract #011221-GAL.

Services include body armor with related accessories, equipment, and services.

DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 18
Revised 2.9.22 Page 7 of 11
ATTACHMENT “B”

QUOTE / PRICING
GALLS-PRICING.pdf
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 19
Revised 2.9.22 Page 8 of 11
ATTACHMENT “C”

INSURANCE REQUIREMENTS
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 20
Revised 2.9.22 Page 9 of 11

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 21
Revised 2.9.22 Page 10 of 11
its elected officials, officers, employees, agents, and volunteers only as respects the Contractor’s negligence.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved blanket Additional Insured Endorsement with the following endorsements stated on the certificate or equivalent policy approved wording:

B. "This insurance is primary over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the certificates of insurance.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 22
Revised 2.9.22 Page 11 of 11

7. Deductibles and Self-Insured Retentions. Contractor guarantees payment of all deductibles and self-insured retentions.

DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 23

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:

JECT LOC

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
QBE Insurance Corporation
General Casualty Company of Wisconsin
Praetorian Insurance Company
The Cincinnati Insurance Company
North Pointe Insurance Co
6/28/2022
USI Insurance Services LLC
312 Elm Street, 24th Floor
Cincinnati, OH 45202
513 852-6300
Lea Veeneman
513 852-6300 513 852-6428
[email protected]
CB General Holdings, LLC; Galls LLC
1340 Russell Cave Road
Lexington, KY 40505
39217
24414
37257
10677
27740
A X
X
X
CGA1365959 03/01/2022 03/01/2023 1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
E
X
X X
161000042 03/01/2022 03/01/2023 1,000,000
B X X
X 10,000
CCU1365959 03/01/2022 03/01/2023 10,000,000
10,000,000
C
N
1520000028 03/01/2022 03/01/2023 X
1,000,000
1,000,000
1,000,000
D Excess Liability EXS0570374 03/01/2022 03/01/2023 15,000,000 The City of Palm Springs, its officials, employees, and agents are named as an additional insured.This insurance is primary and non-contributory over any insurance or self-insurance the city may have. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named.Both the Workers Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in (See Attached Descriptions)
City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
1 of 2
#S36477844/M35159738
Client#: 1778682 GALLSLLC11
MJBZP
DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 24
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
favor of City, its elected officials, officers, employees, agents, and volunteers.
2 of 2
#S36477844/M35159738

DocuSign Envelope ID: 67503A62-0DBB-4A05-93CD-50D89E7D1874 Item 1S - Page 25

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SAFE STREETS AND ROADS FOR ALL GRANT FROM THE U.S.

DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY

ADMINISTRATION
FROM: Scott C. Stiles, City Manager
BY: Office of Sustainability
SUMMARY:

Approval of this item will authorize the City to accept a grant award from the U.S.

Department of Transportation (USDOT) Federal Highway Administration’s Safe Streets and Roads for All (SS4A) Grant in the amount of $776,000 to develop a “Comprehensive Safety Action Plan.”
RECOMMENDATION:
1) Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A SAFE STREETS FOR ALL GRANT IN THE AMOUNT OF $776,000 FROM

THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A
COMPREHENSIVE SAFETY ACTION PLAN.”
2) Authorize the City Manager to execute all necessary documents.

BACKGROUND:

In July 2024, the Engineering Services Department and the Office of Sustainability applied for the U.S. Department of Transportation (USDOT) Federal Highway Administration’s Safe Streets for All Grant under the $1 billion allocated for grants to make local roads safer.

In September 2024, the USDOT Federal Highway Administration announced the Safe Streets for All Grant Awards for the Fiscal Year 2024-25. The City of Palm Springs was one of 354 awarded applicants for this grant program. Using the awarded $776,000 of funding, the Department of Engineering Services and Office of Sustainability will develop Item 1T - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Safe Streets and Roads for All Grant
a “Comprehensive Safety Action Plan” over a period not to exceed five years from the date of the grant agreement’s execution.

This plan will focus on identifying and developing targeted strategies to reduce road fatalities and serious injuries. This plan will update and consolidate aspects from existing City transportation safety plans such as the Traffic Calming Manual and the Palm Springs Pedestrian Safe Routes to School Plan, in a broader overarching Palm Springs Comprehensive Safety Action Plan that meet the requirements set by USDOT for an SS4A Comprehensive Safety Action Plan. The plan will encompass safety strategies for all types of roadway users, including but not limited to pedestrians, bicyclists, public transportation, micromobility users, personal conveyance, motorists, and commercial vehicle operators. Key components of a successful comprehensive safety action plan include:
• Safety and Data Analysis: Existing conditions and historical trends analysis that includes crash data (fatalities and serious injuries), vulnerable road user data (pedestrians, cyclists, older adults, people with disabilities, etc.), incidents location analysis, analysis of the built environment and demographics. • Equity Considerations: Allocating a portion of funding to and prioritizing safety improvements in underserved communities.
• Strategy and Project Selections: Identifying a comprehensive set of projects and strategies that are data driven, which best address the safety issues identified in the plan and planning process.
• Engagement and Collaboration: Engaging robustly with the public and relevant stakeholders, allowing for both community representation and feedback. • Policy and Process Changes: Assessing current policies, plans, guidelines, and/or standards (e.g., manuals) to identify opportunities to improve how processes prioritize transportation safety.
• Leadership Commitment and Goal Setting: Making an official public commitment (e.g., resolution, policy, ordinance) by high ranking official and/or governing body (e.g., Mayor, City Council) to an eventual goal of zero roadway fatalities and serious injuries. Achieved through either 1) a target date for achieving zero roadway fatalities and serious injuries, and/or 2) an ambitious percentage reduction of roadway fatalities and serious injuries by a specific date with an eventual goal of eliminating roadway fatalities and serious injuries.

STAFF ANALYSIS:

The Safe Streets and Roads for All (SS4A) grant is providing funding to support the development and implementation of comprehensive safety action plans aimed at reducing traffic related fatalities and serious injuries. Aligning with the City’s ongoing efforts to improve roadway safety, receiving this funding will help improve road safety, enhance roadway infrastructure, and support long term goals of reducing fatalities and serious injuries.

Item 1T - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Safe Streets and Roads for All Grant
The U.S. DOT is expected to obligate SS4A funding via a signed agreement between the Department and the City of Palm Springs authorized signee, within 12 months after announcement of the award. Work related to the grant award will commence once a grant agreement is mutually agreed upon and signed.

ENVIRONMENTAL ASSESSMENT:

Not applicable.

ALIGNMENT WITH STRATEGIC PLANNING:

The program aligns with the City Council’s overarching Sustainability priority and contributes to Theme 2 – Community Infrastructure.

FISCAL IMPACT:

The total project cost is $970,000, with the City contributing a 20% local match. The City was awarded grant funding in the amount of $776,000. The 20% local match in the amount of $194,000 will come from the Pedestrian Master Plan fund and the Traffic Calming fund.

REVIEWED BY:

Engineering Director: Joel Montalvo
Sustainability Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Resolution in support U.S. Department of Transportation Federal Highway Administration’s Safe Streets for All Grant Award
B. Award Letter dated September 9, 2024
Item 1T - Page 3

ATTACHMENT A
Item 1T - Page 4
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

ACCEPTANCE OF A SAFE STREETS FOR ALL GRANT IN
THE AMOUNT OF $776,000 FROM THE UNITED STATES

DEPARTMENT OF TRANSPORTATION FOR A
COMPREHENSIVE SAFETY ACTION PLAN; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE ANY NECESSARY DOCUMENTS RELATED TO

THE GRANT PROGRAM AND FUNDING
WHEREAS, the United States Department of Transportation (“USDOT”) makes available federal funding for cities and regions to pursue transportation planning initiatives that improve roadway safety and prevent deaths and serious injuries on America’s urban and rural roads via the Safe Streets for All (“SS4A”) Grant program; and
WHEREAS, the SS4A program will provide $5 billion over 5 years to fund community-led projects that address the preventable crisis of deaths on our nation’s roads, streets, and highways through safer people, roads, and vehicles; and WHEREAS, the City of Palm Springs has committed to a safe transportation system for all users through the Pedestrian Master Plan, Roadway Safety Plan, General Plan, and numerous operational efforts;
WHEREAS, transportation emissions represent the single largest source of greenhouse gas emissions in the City of Palm Springs; and WHEREAS, improving safety for all road users to support the reduction in use of fossil-fuel passenger vehicles is critical to meeting the City’s emissions targets; and WHEREAS, the City of Palm Springs was provisionally awarded funding under the USDOT SS4A Grant program in the amount of $776,000 to generate a Comprehensive Safety Action Plan; and
WHEREAS, a Grant Agreement is needed to be executed with USDOT before such funds can be allocated through the SS4A Grant Program; and WHEREAS, the City Council desires to accept the funds from the USDOT SS4A Grant Program to be used for the stated planning purpose; and WHEREAS, the City Council desires to direct the City Manager (or designee) to authorize any necessary documents to accept the grant funds and to meet the grant requirements;

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

Item 1T - Page 5
Resolution No. _____

Page 2 ends

SECTION 2. The City of Palm Springs hereby accepts the award of the USDOT SS4A Grant Program funds in the amount of $776,000 to be used for the stated planning purposes.

SECTION 3. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Palm Springs all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

SECTION 4. This Resolution shall take effect immediately upon its adoption the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 21st day of November, 2024.

SCOTT C. STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1T - Page 6
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, 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 November 21, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of November, 2024.

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1T - Page 7

ATTACHMENT B
Item 1T - Page 8
From: Teicher, Paul (OST)
To: Christian Wheeler
Subject: SS4A FY24 Funds Awarded
Date: Monday, September 9, 2024 8:17:27 AM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To Christian Wheeler from City of Palm Springs,
The City of Palm Springs, California Comprehensive Safety Action Plan, for the Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2024 Safe Streets and Roads for All grant program, was selected for an award of $776,000 in Federal funding. This includes funding to “Update/add to an existing local safety plan to meet the requirements of an SS4A Comprehensive Safety Action Plan as described in Table 1 of the NOFO.” Congratulations!
Key Information and Requirements: This email is not authorization to begin work, and it does not guarantee Federal funding. The United States Department of Transportation (USDOT) and City of Palm Springs must establish and execute a signed, mutually agreed upon grant agreement prior to the obligation of award funds.

Immediate Next Steps: USDOT made the public announcements related to the awards on September 5, 2024. See the press release here:
https://www.transportation.gov/grants/ss4a/press-releases, and the award recipient list here: https://www.transportation.gov/grants/ss4a/2024-awards. We published a short summary of the proposal from your application on our Safe Streets and Roads for All website as part of the public announcement, pursuant to Section H Part 1 of the Notice of Funding Opportunity (NOFO). If you want to modify what is provided on our website once you see it, please let me know by emailing [email protected]. The website link is https://www.transportation.gov/grants/SS4A.

What to Expect in the Next Few Weeks: My colleagues at the Federal Highway Administration (FHWA) are responsible for establishing and executing a SS4A grant agreement with City of Palm Springs. You can expect to hear from a FHWA representative with your State’s FHWA Division Office in the near future. In the weeks ahead you will receive more information about next steps, including an invitation to a FHWA-sponsored webinar for grant recipients to describe the process leading to an executed grant agreement. The webinar will be recorded for those who are unable to attend. In the meantime, if you have questions about next steps, please direct them to FHWA using the email [email protected].

Finally, we ask for your patience as we work diligently toward executing grant agreements so your important safety work may begin. FHWA staff will be working with hundreds of new grant recipients to expeditiously process new grant agreements, and this will take time.

It’s exciting to see so many communities on the path to improving roadway safety, and the whole SS4A Program team is passionate about helping you succeed. Thank you for your commitment to roadway safety.

Paul
Paul D. Teicher
Item 1T - Page 9
Grantor, Safe Streets and Roads for All
Office of Policy Development and Coordination
Office of the Secretary of Transportation
Summary of Award Information:

Project Name: City of Palm Springs, California Comprehensive Safety Action Plan Applicant: City of Palm Springs
Unique Entity Identifier: M81QLC23JVX5
Grant Type: Planning and Demonstration
SS4A Grant Funding Amount: $776,000
Estimated Total Project Costs: $970,000
Project Description: This award will be used by City of Palm Springs to develop a comprehensive safety action plan.

Preparing for Establishing a Grant Agreement
The terms of the grant agreement will be in accordance with the FY 2024 SS4A NOFO and applicable Federal requirements. Below highlights key information to start becoming familiar with as the grant agreement development process begins. Note that the information below may not be applicable to all planning and/or demonstration activities included in your award. o
Scope of Activities: Your award is for Update/add to an existing local safety plan to meet the requirements of an SS4A Comprehensive Safety Action Plan as described in Table 1 of the NOFO. Action Plan: The funding awarded to develop a comprehensive safety action plan or update an existing plan to meet SS4A requirements must result in a final product that includes all Action Plan components outlined in Table 1 of the NOFO. See https://www.transportation.gov/grants/ss4a/action-plan-components. o Supplemental Planning: The funding awarded to conduct supplemental planning must result in a final written product that connects to, supports, and enhances an Action Plan.
o
Demonstration Activities: The funding awarded to carry out demonstration activities must inform an Action Plan’s list of selected projects and strategies and their future implementation, and/or inform another part of the Action Plan. Demonstration activities are temporary in nature, and materials to be used must also be temporary and/or easily reversible. Additionally, demonstration activities must also measure potential benefits through data collection and evaluation as part of the grant agreement. Demonstration activities are subject to additional reviews and oversight to ensure compliance with Federal requirements, including but not limited to the National Environmental Policy Act and the Manual on Uniform Traffic Control Devices. In some instances, activities that encompass multiple project phases will have a phased grant agreement that obligates funding separately for each individual phase.
·
2 CFR part 200: All SS4A awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200 (NOFO p.40). We encourage awardees to take the free FHWA training on these requirements.
·
Pre-Agreement Costs: No costs incurred before USDOT signs and executes the grant agreement will be reimbursed or counted toward the 20% match or cost-share requirement. ·
Allowable Costs: To be considered allowable, costs incurred must be reasonable, necessary, and allocable, as described in 2 CFR Part 200 Subpart E – Cost Principles. ·
Match and Cost-Sharing: Grant recipients are required to contribute no less than a 20% Item 1T - Page 10
non-Federal match. Please review: https://www.transportation.gov/grants/ss4a/matchand-cost-share-examples. ·
Maintenance Activities: Maintenance activities for an existing roadway primarily to maintain a state of good repair are not an eligible activity. (NOFO p. 17) ·
Enforcement Activities: Any activities related to compliance or enforcement efforts to make our roads safer should affirmatively improve equity outcomes as part of a comprehensive approach to achieve zero roadway fatalities and serious injuries. (NOFO p. 17) ·
Educational and Outreach Materials: Any educational or outreach materials charged to the grant must align with the project goals and roadway safety. Costs of promotional items and memorabilia, including models, gifts, and souvenirs are not allowable expenses. Costs of advertising and public relations designed solely to promote the non-Federal entity are unallowable (2 CFR § 200.421). USDOT’s Use of DOT Funds for Public Involvement FAQs can assist in determining eligibility of related costs.

Item 1T - Page 11

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND

AUTHORIZE TO BID AIRPORT OUTFALL REPAIR PROJECT, AIRPORT PROJECT PSP-01
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

The construction documents (Plans, Specifications and Estimate) for this project have been prepared and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and working details, and authorize the bid request for all public projects in excess of $200,000.

Approval of this item will allow Staff to proceed with bidding of this Airport project, with an estimated project cost of approximately $293,300.

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Outfall Repair Project, Airport Project PSP-01 (“the Project”).

BACKGROUND:

In August 2023, Tropical Storm Hilary arrived in the Palm Springs area. The storm produced a storm drain event that surpassed 100-year flood levels. The storm caused damage to the Palm Springs International Airport land near Hangar 18, and storm runoff eroded part of the existing asphalt pavement parking lot and security fence line. The Project consists of the removal and installation of new outfall structures, replacement of the existing eroded pavement, and replacement of the existing security fence to a new height of 8 feet to meet Federal Aviation Administration requirements.

STAFF ANALYSIS:

With City Council approval, Staff will advertise the Project in The Desert Sun and utilize the procurement program “PlanetBids”TM to allow the submission of bids electronically.

The contract documents will be provided free of charge to prospective bidders through the PlanetBidsTM system.

Item 1U - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
RFB Airport Outfall PSP - 01
ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Outfall Repair Project, Airport Project PSP - 01, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A Improve City Facilities – prioritize deferred maintenance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 in the Department of Aviation Capital Improvement Project Account 4167065-80000.

REVIEWED BY:

City Engineer: Joel Montalvo
Aviation Executive Director: Harry Barrett Jr.

Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
Item 1U - Page 2

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS

ADOPTING AN INVENTORY REPORT OF EXCESS, EXEMPT, AND

NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTION 50569
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Surplus Land Act (the “Act”), as amended, requires that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1 of each year as part of the county or city’s annual Housing Element progress report. This action would have the City Council review and approve the Inventory Report.

RECOMMENDATION:

Accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt, and non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

BACKGROUND:

Government Code § 54230 mandates that California cities and counties prepare, by December 31 of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code § 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has been officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable Item 1V - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Surplus Land Resolution
needs but has not yet been declared surplus.

In January 2024, SB 747 amending the Surplus Land Act went into effect. This amendment exempted properties from the Surplus Land Act if they were less than onehalf acre in area or if they were transferred to be used for affordable housing. Three single family parcels located at 233 West Tramview Road (APN 501-401-010), El Dorado Boulevard (APN 501-401-039), and Rosa Parks Road (APN 669-353-001) were all less than one-half acre and were to be transferred for use as affordable housing. As such, on May 23, 2024, the City Council adopted a resolution declaring three single family lots located in the Desert Highland Gateway Estates Neighborhood as “Exempt Surplus Land.” Therefore, these three properties were removed from the Inventory Report.

STAFF ANALYSIS:

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code § 54221(c)(1).] The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days in which time the staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the proscribed timeline, then the regular development processes would begin; or

2. If after good-faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable.

Item 1V - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Surplus Land Resolution
A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

Additionally, the City Council may designate a property as available for continued City use through one of its non-profit partners. For example, City Council could adopt a plan to lease a property to only a non-profit that is providing a City service via a contract between the City and the non-profit and that service or the non-profit work in general (such as homeless services, childcare and/or dental or medical care) is supported by the City through partnerships and/or is the recipient of City grant funding. In such a case, the property is not surplus because it is still needed for City services; therefore, the Act does not apply. In such a situation, the City will still use the RFP process to lease the property.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”
Nothing in the Act establishes what information must be included in the Inventory Report.

However, Government Code § 54230(a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. § 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land:
(i) Street address or similar location information.
(ii) Assessor’s parcel number.
(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.

As noted above, the three single family properties in the Desert Highland Gateway Estates Neighborhood previously listed as “Excess” are now exempt from the Surplus Land Act as these properties – 233 West Tramview Road (APN 501-401-010), El Dorado Boulevard (APN 501-401-039), and Rosa Parks Road (APN 669-353-001) – were all less than one-half acre and were to be transferred for use as affordable housing. On May 23, 2024, the City Council adopted a resolution declaring these properties as Exempt Surplus Land. Therefore, these three properties were removed from the Inventory Report and are expected to be developed into six single-family homes for ownership by low-income households according to the terms of the Disposition and Development Agreement also Item 1V - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Surplus Land Resolution
approved by the City Council on May 23, 2024.

The proposed Inventory Report of this year’s surplus properties and excess properties is included in the attached resolution (Attachment A).

ENVIRONMENTAL ASSESSMENT:

The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if a development application is submitted, the City will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3).) FISCAL IMPACT:

There is no fiscal impact associated with approving the Inventory Report.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution
Item 1V - Page 4

ATTACHMENT A
Item 1V - Page 5
30814.00100\40838593.1 1
RESOLUTION NO. -_____

A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING INVENTORY

REPORT EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 50569
WHEREAS, the City of Palm Springs is a , a public body, corporate and politic, and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, the Act requires, among other things, that on or before December 31 each year, a local agency must make an inventory of all lands held, owned, or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its foreseeable needs (the “Inventory List”), and that such Inventory List must be made a matter of public record and made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on the definition of “surplus land” and the several categories of “exempt surplus land” that are set forth in Government Code section 54221(f), the City of Palm Springs has determined that it owns twelve (12) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the City will include at least the following information: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 50569, is attached hereto as Exhibit A and incorporated herein by this reference.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Each of the twelve (12) parcels on the Inventory List (the “Surplus Properties”) are not necessary for the City of Palm Springs’ use, are currently not being put to any use by the City of Palm Springs, and there is no planned use by the Item 1V - Page 6
30814.00100\40838593.1 2
City of Palm Springs of these Surplus Properties.

SECTION 3. Twelve (12) of the Surplus Properties are non-exempt surplus land, as defined in Government Code section 54221(b).

SECTION 4. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City of Palm Springs hereby authorizes the listing of the Surplus Properties on the Inventory List created by City of Palm Springs staff pursuant to and in compliance with Government Code section 50569.

SECTION 5. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the Surplus Properties is sold to a purchaser, and that purchaser proposes a use for the Property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. This Resolution shall take effect immediately upon its adoption by the City of Palm Springs.

PASSED AND ADOPTED by the Palm Springs City Council this _ day of , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
SCOTT C. STILES

CITY MANAGER
ATTEST:

Item 1V - Page 7
30814.00100\40838593.1 3
___________________________________

BRENDA PREE, MMC

CITY CLERK
Item 1V - Page 8
Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 1 City of Palm Springs Gene Autry Trail and Mission Drive 677‐540‐028; 677‐540‐036 Vacant Land EXCESS 5.60                   243,936 2 City of Palm Springs
Southwest Corner of North Belardo Road and Belardo Road 513‐560‐048 Vacant Land EXCESS 0.45                     19,602 3 City of Palm Springs N/L W. Chino Canyon Rd. & S/L Sanborn Way APN: 504‐150‐011 Through 504‐150‐055 Vacant Land EXCESS 31.40                1,367,784 4 City of Palm Springs
West of North Vista Grande Avenue between Tramway Road and W. Racuqet Club Road 504‐040‐046 Vacant Land EXCESS 41.60                1,812,096 5 Palm Springs Successor Agency 190 W. Sunny Dunes Rd. 513‐290‐013 Vacant Land EXCESS 0.16                       6,970 6 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Ramon Road and Vella Road, north of Calle De Ricardo 680‐072‐012; 680‐072‐009;
680‐072‐006; 680‐072‐005 Vacant Land EXCESS 1.07                     46,692 7 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Calle De Ricardo and Vella Road, north of Calle De Carlos 680‐073‐003; 680‐073‐004;
680‐073‐006; 680‐073‐005 Vacant Land EXCESS 0.93                     40,589 8 City of Palm Springs 285 N. Indian Canyon Dr. 513‐091‐003 Vacant Land EXCESS 0.13                       5,810 9 City of Palm Springs 223 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02                          949 10 City of Palm Springs 221 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.08                       3,310 EXHIBIT A
Inventory List

Page 1 ends

Item 1V - Page
9 Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 11 City of Palm Springs 211 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.06 2,685 12 City of Palm Springs 219 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02 916

Page 2 ends

Item 1V - Page 10

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 23E228 WITH UNIVERSAL PROTECTION SERVICE,

LP DBA ALLIED UNIVERSAL SECURITY SERVICES FOR AVIATION

WORKER AND INBOUND CARGO SCREENING FOR PALM SPRINGS

INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve Amendment No. 2 to Contract Services Agreement No. 23E228 (Agreement) with Universal Protection Service, LP dba Allied Universal Security Services (Allied Universal Security Services) to extend the Agreement term for two months, for an additional amount of $44,512.35 and a total revised contract amount not to exceed $383,490.99, for aviation worker and inbound cargo screening for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 2 to Contract Services Agreement No. 23E228 (Attachment A) with Universal Protection Service, LP dba Allied Universal Security Services, to extend the Agreement term for two months, January 1, 2025 to February 28, 2025, for an additional amount of $44,512.35 and a total revised contract amount not to exceed $383,490.99, for aviation worker and inbound cargo screening for the Palm Springs International Airport.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) submitted on September 14, 2023, Universal Protection Service, LP dba Allied Universal Security Services is a Limited Partnership registered to do business in California.

Item 1W - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Approve Allied Universal Security Services Amendment No. 2 BACKGROUND:

The Airport operates a centrally located Security Screening Checkpoint (SSCP) in the main terminal, featuring six lanes managed by the Transportation Security Administration (TSA). Approximately 1,100 aviation workers, including airline staff, concessionaires, and City employees, are employed at the Airport. These workers undergo background and criminal history checks and are not subject to passenger screening because they are issued Security Identification Display Area (SIDA) or Area Operations Area (AOA) badges for access to Secured or Sterile areas through controlled doors that are not staffed by TSA.

In response to a nationwide TSA directive to enhance insider threat deterrence, airports are required to screen all aviation workers with access to Secured or Sterile areas. The directive outlines a phased implementation of an Airport Security Program, beginning with:
• Phase I (started September 25, 2023): Screening of aviation workers using hand wands and random searches of bags, purses, or backpacks. • Phase II (by October 25, 2024): Submission of an implementation plan for Explosive Detection Screening Equipment (EDSE), including methods, equipment, purchase dates, and operational timelines.
• Phase III (by April 26, 2026): Full implementation of EDSE.

On September 25, 2023, the City Council approved an Emergency Contract Services Agreement No. 23E228 with Allied Universal Security Services for $267,074.08 for a oneyear term, September 25, 2023 to September 24, 2024 to provide aviation worker and cargo screening at the Airport. This fulfilled the new Transportation Security Administration (TSA) requirements to enhance security and deter insider threats.

On September 25, 2024, the City Council approved Amendment No. 1 to Contract Services Agreement No. 23E228 with Allied Universal Security Services to extend the Agreement term to December 31, 2024 for an additional compensation amount of $71,904.56, and for a new not to exceed amount of $338,978.64. The intent of extending the term to December 31, 2024 was to ensure that the Airport was continuing to meet the TSA requirements, and to allow the Airport the time needed to complete the RFP process and to have the City Council award the bid for RFP 15-24.

On September 23, 2024, RFP 15-24 for Aviation Worker’s Screening Services for the Airport was posted with a proposal due date of October 22, 2024 and anticipated award date of November 2024 to attempt to meet the contract expiration deadline. However, a large number of questions were received from participants that needed to be addressed, creating delays to the procurement schedule. Therefore, on October 15, 2024, Addendum No. 1 to RFP 15-24 was posted to extend the proposal due date to October 24, 2024 to allow staff additional time to consult with the City Attorney on requested contract Item 1W - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Approve Allied Universal Security Services Amendment No. 2 revisions. On October 17, 2024, Addendum No. 2 to RFP 15-24 was posted to extend the proposal due date to October 31, 2024 to allow the City Attorney’s office more time to respond to requests for contract changes. On October 24, 2024, Addendum 3 was issued to extend the due date to November 4, 2024 to allow staff additional time to consult with the City’s Risk Manager regarding requested changes to insurance requirements. On October 28, 2024, Addendum No. 4 was posted with a new tentative Projected Date of Award of Contract for January 2025.

A gap in the TSA required aviation worker screening services at the Airport puts the Airport at risks of being fined by TSA and/or TSA opening an investigation on the Airport’s compliance with TSA requirements. With the award of the contract pending until January 2025 and the Contract Services Agreement 23E228 expiring on December 31, 2024, the Airport staff have determined that it is necessary to extend the Agreement and that the contract would need to be extended to February 28, 2025 to account for any unforeseen delays of the award of the contract and transition, if the contract is awarded to a new consultant.

STAFF ANALYSIS:

In the interim of the award of the contract, staff recommends approving the extension of Amendment No. 2 to Contract Services Agreement No. 23E228 with Allied Universal Security Services to extend the Agreement term for two months, January 1, 2025 to February 28, 2025, for an additional amount of $44,512.35 and a total revised contract amount not to exceed $383,490.99, for aviation worker and inbound cargo screening for the Palm Springs International Airport to ensure that the Airport is in compliance with TSA requirements.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1 – Quality of Life – 1B – Crime Reduction.

Item 1W - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Approve Allied Universal Security Services Amendment No. 2 FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 in the Airport Fund Balance Account 4157026.40105.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Contract Services Amendment No. 2 to Agreement No. 23E228 B. Public Integrity Disclosure
Item 1W - Page 4

ATTACHMENT A
AMENDMENT NO. 2 TO AGREEMENT NO. 23E228

WITH ALLIED UNIVERSAL SECURITY SERVICES
Item 1W - Page 5

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 2 TO THE CONTRACT SERVICES
AGREEMENT NO. 23E228 BETWEEN THE CITY PALM

SPRINGS AND UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED

UNIVERSAL SECURITY SERVICES

1. Parties and Date.

This Amendment No. 2 to the Contract Services Agreement is made and entered into as of January 1, 2025, by and between the City of Palm Springs (“City”) and Universal Protection Service, LP dba Allied Universal Security Services, a Limited Partnership with its principal place of business at 77725 Enfield Lane, Suite 150, Palm Desert, CA 92211 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Contract Services Agreement No. 23E228” dated September 25, 2023 (“Agreement”) for the purpose of providing Aviation Worker and Inbound Cargo Screening at the Palm Springs International Airport for an amount of $267,074.08 and a term of September 25, 2023 to September 24, 2024.

2.2 Amendment No. 1. On September 25, 2024, the Parties entered into Amendment No. 1 to the Agreement to increase compensation for an additional amount of $71,904.56, for a new not-to-exceed amount of $338,978.64, and to extend the term to December 31, 2024.

2.3 Amendment No. 2. The City and Contractor desire to amend the Agreement to increase compensation for the Aviation Worker and Inbound Cargo Screening Services and to extend the term to February 28, 2025.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to add $44,512.35 for the continued Aviation Worker and Inbound Cargo Screening Services, to read as follows:
“Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $383,490.99.”

3.2 Section 4.4 Term of the Agreement is hereby amended in its entirety to add three months, to read as follows:

Item 1W - Page 6

Page 2 of 3 ends

Revised: 10.31.23
“Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect, commencing on September 25, 2023, and ending on February 28, 2025, unless extended by mutual written agreement of the Parties.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1W - Page 7

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL SECURITY

SERVICES
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

CONTRACTOR:

By: _____________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __________ Item No.__________
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1W - Page 8

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1W - Page 9

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Universal Protection Service, LP d/b/a Allied Universal Security Services

2. Address of Entity (Principal Place of Business)
450 Exchange, Irvine, CA 92602

3. Local or California Address (if different than #2)

3. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company ☒ Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
SEE QUESTION #6 ATTACHMENT
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
Item 1W - Page 10

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
SEE SECTION #7 ATTACHMENT

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date September 14, 2023 Steve Claton
President Southwest Region
Item 1W - Page 11
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1W - Page 12
SECTION #6 ATTACHMENT
The following persons serve as officers and/or directors of the Applicant, Universal Protection Service, LP d/b/a Allied Universal Security Services, and its affiliated entities in the Allied Universal group, as disclosed in the Section #7 Attachment.

Universal Protection Service, LP
• Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman; Mike Smidt; Drew Levine; Bob Wood; Brian Webber; Caress Kennedy; DelMar Laury; Eric McGarty; Gene Kuyrkendall; Jose Ubieta; Steve Claton; Tracy Fuller; Nancy R. Peterson
Universal Protection GP, Inc.
• Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman; Mike Smidt; Drew Levine; Bob Wood; Brian Webber; Caress Kennedy; DelMar Laury; Eric McGarty; Gene Kuyrkendall; Jose Ubieta; Steve Claton; Tracy Fuller; Nancy R. Peterson
• Directors: Steven S. Jones; Timothy E. Brandt; David I. Buckman American Security Programs, Inc.; Allied Universal Sideco, Inc. • Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman; Nancy R. Peterson • Directors: Steven S. Jones; Timothy E. Brandt; David I. Buckman AUSS, Inc.; MSAS Parent, Inc.; U.S. Security Associates Holding Corp.; USA Intermediate, Inc.; UPSH, Inc.
• Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman • Directors: Steven S. Jones; Timothy E. Brandt; David I. Buckman G4S Secure Solutions (USA) Inc.
• Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman; Nancy R. Peterson; Daniel W.

Grizzard
• Directors: Steven S. Jones; Timothy E. Brandt; David I. Buckman Allied Universal Holdco, LLC; Allied Universal Topco, LLC; AUS Investor Aggregator, LLC; CBDC Universal Equity II, LLC; AU Santa Ana, LLC; Atlas Ontario LP • Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman USAGM Acquisition, LLC; G4S Holding One, LLC; Universal Services of America, LP; USA GP Sub, LLC; Universal Group Holdings LLC
• Officers: Steven S. Jones; Timothy E. Brandt; David I. Buckman; Nancy R. Peterson Item 1W - Page 13
SECTION #7 ATTACHMENT

OVERVIEW
The Applicant, Universal Protection Service, LP d/b/a Allied Universal Security Services, is part of the Allied Universal group of companies. The Applicant, its partners and numerous other lower tier companies consolidate into Allied Universal Holdco, LLC. Allied Universal Holdco, LLC and several other upper tier companies consolidate into Atlas Ontario LP, the top level Allied Universal company. Atlas Ontario LP is owned by a group comprised of institutional investors, private investment funds and members of Allied Universal management.

OWNERSHIP OF APPLICANT
The Applicant, Universal Protection Service, LP d/b/a Allied Universal Security Services, is owned by one (1) general partner and five (5) limited partners as follows:

Company Type of Partner Interest
Universal Protection GP, Inc. General 0.14%
Universal Services of America,
LP
Limited 56.07%
G4S Secure Solutions (USA) Inc. Limited 16.86%
U.S. Security Associates Holding
Corp.

Limited 19.33%
American Security Programs,
Inc.

Limited 5.8%
Allied Universal Sideco, Inc. Limited 1.8%

OWNERSHIP OF LOWER TIER COMPANIES
Each partner of the Applicant, Universal Protection Service, LP d/b/a Allied Universal Security Services, is ultimately owned by the Allied Universal Holdco, LLC. The ownership chains commencing with each partner up through Allied Universal Holdco, LLC are outlined below.

Universal Protection GP, Inc.
• Universal Protection GP, Inc. is 100% owned by Universal Services of America, LP, one of the limited partners of the Applicant
Universal Services of America, LP
• Universal Services of America, LP is 99% owned by USA Intermediate, Inc. and 1% by USA GP Sub LLC.
• USA GP Sub LLC is 100% owned by USA Intermediate, Inc. • USA Intermediate, Inc. is 99% owned by Universal Group Holdings, LLC and 1% owned by Allied Universal Holdco, LLC
• Universal Group Holdings, LLC is 100% owned by UPSH, Inc. • UPSH, Inc. is 52.41% owned by Allied Universal Holdco, LLC and 47.59% owned by Allied Universal Sideco, Inc.
• Allied Universal Sideco, Inc. is 100% owned by Allied Universal Holdco, LLC.

Item 1W - Page 14
G4S Secure Solutions (USA) Inc.
• G4S Secure Solutions (USA) Inc. id 200% owned by G4S Holding One, LLC • G4S Holding One, LLC is 100% owned by Allied Universal Sideco, Inc. • Allied Universal Sideco, Inc. is 100% owned by Allied Universal Holdco, LLC U.S. Security Associates Holding Corp.
• U.S. Security Associates Holding Corp. is 100% owned by USAGM Acquisition, LLC • USAGM Acquisition, LLC is 100% owned by Allied Universal Holdco, LLC American Security Programs, Inc.
• American Security Programs, Inc. is 100% owned by MSAS Parent, Inc. • MSAS Parent, Inc. is 100% owned by USAGM Acquisition, LLC • USAGM Acquisition, LLC is 100% owned by Allied Universal Holdco, LLC Allied Universal Sideco, Inc.
• Allied Universal Sideco, Inc. is 100% owned by Allied Universal Holdco, LLC

OWNERSHIP OF UPPER TIER COMPANIES
Ownership of Allied Universal Holdco, LLC and several other upper tier companies consolidates into Atlas Ontario, LP, which is the top level Allied Universal company, as follows:
• Allied Universal Holdco, LLC is 10% owned by Allied Universal Topco, LLC • Allied Universal Topco, LLC is 100% owned by AUSS, Inc. • AUSS, Inc. is 96.12% owned by AU Investor Aggregator LLC, 3.81% owned by AU Santa Ana, LLC and 0.07% owned by CBDC Universal Equity II, LLC
• CBDC Universal Equity II, LLC is 100% owned by AU Investor Aggregator LLC • AU Santa Ana, LLC is 100% owned by Atlas Ontario LP
• AU Investor Aggregator LLC is 100% by Atlas Ontario LP

OWNERSHIP OF ATLAS ONTARIO LP
Atlas Ontario, LP is largely owned by the following private investment funds and institutional investors which are not involved in the day-to-day management of the Allied Universal group: (a) 27.96% Caisse De Dépôt Et Placement Du Québec (“CDPQ”); (b) 44.95% Warburg Pincus; (c) 8.31% Partners Group; (d) 8.41% the J. Safra Group; (e) 1.29% Crescent; (f) 1.46% Carlyle; and (g) 2.92% A&M Capital. The balance of 4.69% is held by members of Allied Universal management.

Item 1W - Page 15

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED
SECURITY SERVICES (AGREEMENT NO. A8358)
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development
SUMMARY:

The City Council will consider approval of Amendment No. 4 (Attachment A) to the contract services agreement (Agreement) with Allied Universal Inc. (Contractor) for unarmed security services throughout the City. The proposed amendment will extend the term of the agreement by approximately three months until the solicitation process for a new unarmed security services agreement is complete and to increase the maximum compensation amount to cover the costs of the ongoing services.

RECOMMENDATION:

1. Approve Amendment No. 4 to Agreement No. A8358 with Allied Universal Inc. for unarmed uniformed security guard and patrol services for various City facilities and locations.

2. Authorize the City Manager or designee to execute Amendment No. 4 to the contract services agreement with Allied Universal Inc. for unarmed security services throughout the City.

BUSINESS PRINCIPAL DISCLOSURE:

Allied Universal is a California Limited Partnership with principal place of business in Santa Ana, California, and local California address in Palm Desert, CA. The public integrity disclosure is included (Attachment B).

BACKGROUND:

The City entered into an unarmed uniformed security services agreement with Contractor on October 9, 2019, to provide guard and patrol services at various City facilities and locations (Attachment C).

Item 1X - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Amendment No. 4 Unarmed Security Services
On August 17, 2022, the Agreement was amended to exercise the first of two one-year optional extension terms, increase the billing rates in accordance with the Consumer Price Index (CPI), and to add additional security services.

On June 21, 2023, a second amendment was executed exercising the second of two oneyear optional extension terms and to increase billing rates in accordance with CPI.

On September 12, 2024, City Council approved a third amendment to extend the agreement to allow time for the Request for Proposal (RFP) process for security services to be completed, select a vendor, and have them commence work. However, additional time is still needed to complete the RFP. The Agreement is set to expire on November 30, 2024. The proposed fourth amendment will extend security services through February 28, 2025, and increase the maximum compensation amount.

STAFF ANALYSIS:

The City experiences ongoing issues and problems including vandalism, vagrancy and disruptive behavior on City property. Unarmed security services are needed to support the Palm Springs Police Department (PSPD), the Facilities Maintenance Department and other City Departments to monitor and protect citizens and property. The unarmed security services agreement provides coverage at the following locations:
• Palm Springs Public Library and Welwood Murray Memorial Library; • Palm Springs Train Station;
• Downtown (Baristo) Parking Structure;
• Downtown (Belardo) Parking Structure, Surface Parking lot and Public Restroom facilities;
• Various Historic and other City-owned properties;
• Public Parks;
• Vacation Rental Compliance; and
• City Council Chambers during City Council and other Public meetings.

Over the course of the past year, several unanticipated requests for security services were made. These include support with educating street vendors, patrolling the Navigation Center, and increasing patrols at the Village Green due to reports of trespassing during the early morning hours. It should be noted that patrols for these additional services are included in the request for proposals currently being solicited.

Due to the additional time required to complete the RFP process for security services, an extension to the agreement term is being requested. An increase to the maximum compensation limit for the Agreement for the additional time is also being requested. The Contractor has agreed to charge the same hourly rates ($24.89 per hour) that were charged in FY24.

Item 1X - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Amendment No. 4 Unarmed Security Services
FISCAL IMPACT:

If approved, the fourth amendment for unarmed security services would increase the maximum compensation amount by $347,200.93 for the three (3) month extension period.

This would increase the total contract to $5,336,891.66. Sufficient funds for the proposed Amendment No. 4 have been budgeted in the Fiscal Year 2025 budget for unarmed security services.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Amendment No. 4 to the Contract Services Agreement for Unarmed Security Services with Allied Universal Inc. (Agreement No. A8358) B. Public Integrity Disclosure
C. Contract Services Agreement for Unarmed Security Services with Allied Universal Inc. with Amendments 1, 2, and 3 (Agreement No. A8358) Item 1X - Page 3
1 AMENDMENT NO. 4
TO AGREEMENT NO. 8358 – UNIVERSAL PROTECTION SERVICE, LP DBA

ALLIED UNIVERSAL SECURITY SERVICES, A LIMITED PARTNERSHIP COMPANY

FOR UN-ARMED SECURITY SERVICES
THIS FOURTH AMENDMENT is made and entered into, and effective on December 1, 2024, between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Universal Protection Service, LP dba Allied Universal Security Services, a limited partnership company (“Contractor”) (collectively, the “Parties”).

RECITALS
A. City and Contractor previously entered into a contact services agreement for unarmed uniformed security services at various facilities and locations, which was made and entered into on October 9, 2019 (Agreement”), for an amount not to exceed $1,896,103.56.

B. City and Contractor executed Amendment No. 1 on August 17, 2022, exercising the first of two one-year optional extension terms through October 8, 2023, for an additional amount of $1,233,766.40, and to change the Consumer Price Index adjustment date to coincide with the City’s Fiscal Year for a revised contract amount not to exceed $3,129,869.96.

C. City and Contractor executed Amendment No. 2 on June 21, 2023, exercising the second of two one-year optional extension terms through October 8, 2024, and increase the billing rates based on annual Consumer Price Index adjustments for an additional amount of $1,323,650.66 for a revised contract amount not to exceed $4,453,520.62.

D. City and Contractor executed Amendment No. 3 effective June 1, 2024, to extend the contract term through November 30, 2024, and amend the compensation limit to add $526,170.11 for a revised contract amount not to exceed $4,979,690.73.

E. Parties desire to extend the contract term through February 28, 2025, and amend the compensation limit to add $347,200.93 for a revised contract amount not to exceed $5,336,891.66.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

AGREEMENT

1. Compensation. The Maximum Contract Amount defined in Section 2.1 “Maximum Contract Amount” of the Agreement is hereby amended and increased to Five Million Three Hundred Thirty Six Eight Hundred Ninety-One Dollars and Sixty-Six Cents ($5,336,891.66).

Item 1X - Page 4
2 2. Term. The term of the Agreement defined in Section 3.4 “Term” is hereby extended through February 28, 2025, or sooner, when it is anticipated that the solicitation process for a new un-armed security services agreement is complete, and the un-armed security services vendor is scheduled to commence services.

3. Exhibit B Schedule of Compensation is hereby amended to incorporate the following costs.

Rates per hour represent the amounts proposed to provide the services and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.

Note that Hours are ESTIMATED and subject to change by the City.

PATROL

ROUTE BILLING RATE HOURS / WEEK
WEEKLY
COST
TOTAL
COST
(WEEKLY X 13
WEEKS)
Palm Springs Train
Station Patrols $24.89 8
$ 199.12 $2,588.56
Palm Springs Public
Library
$24.89 44.5 $ 1,107.61 $ 14,398.87
Welwood Murray
Memorial Library $24.89 51 $ 1,269.39 $ 16,502.07
Downtown Parking
Facilities and Public
Restrooms $24.89 336 $ 8,363.04 $ 108,719.51
Downtown (Baristo)
Parking Structure $24.89 152 $ 3,783.28 $49,182.64
Downtown City Owned
and Historic Properties
Patrols $24.89 84 $ 2,090.76 $ 27,179.88
City Parks and
Community Centers
Patrols
$24.89 270 $ 6,720.30 $ 87,363.90
City Council and other
Public Meetings
$24.89 11 $ 273.79
$ 3,559.27
Item 1X - Page 5
3 Supervisor $28.82 40 $ 1,152.80 $ 14,986.40
SUBTOTAL $324,481.11
Subtotal Carried forward $1,849,820.77
Additional Patrol Car-($892.32/month)
Baristo Parking Structure $ 15,169.44
Additional Heliaus Phone & License ($222.07/month)
Baristo Parking Structure $ 3,775.19
Downtown Historic & City Properties $ 3,775.19

GRAND TOTAL FOR SECURITY GUARD AND PATROL SERVICES
OCTOBER 9, 2023, THROUGH FEBRUARY 28, 2025
$ $2,197,021.70
(Price in figures)
Two Million One Hundred Ninety Seven Thousand and Twenty One Dollars and Seventy Cents (Price in words)
Special Note: The hourly rates are inclusive of all other costs, (including overtime, holiday pay, or special pay), and will be considered "all-inclusive", including the firm's costs for all labor, vehicles, equipment, materials, tools, services, and special skills required to perform the security guard and patrol services.

OPTION A:

The City reserves the right to request armed guard services if necessary. Please provide an hourly rate for armed security guard services in the event that these services are needed at a later date.

Armed Security Guard Services $ 29.70 hr

4. Continuing Effect of Agreement. Except as amended by this Fourth Amendment, all other provisions of the Agreement remain in full force and effect.

From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fourth Amendment.
[SIGNATURES ON NEXT PAGE]
Item 1X - Page 6
4 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Scott C. Stiles, ICMA-CM
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk
APPROVED BY CITY COUNCIL:

Date: November 21, 2024 Agreement No. 8358
“CONTRACTOR”
Universal Protection Service, LP
dba Allied Universal Security Services
Date: __________________________ By :
______________________________
Steve Clayton
President, Southwest & Central Regions
Item 1X - Page 7
Item 1X - Page 8
ATTACHMENT "D"
*THIS FORM MUST BE COMPLE'~ED AND SUBMITTED WITH YOUR TECHNICAL/WORK

PROPOSAL
(Envelope #1)*

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF CONSULT ANT NENDOR: Universal Protection Service LP d/b/a Allied Universal Security Services
NAME and TITLE of Authorized Representative:
(Print) Steve Claton, President, Southwest Region
Signature and Date of Au~sentative:
(Sign) -
I
(Date) 0 f J , q
Item 1X - Page 9

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity Universal Protection Service LP d/b/a Allied Universal Security Services

2. Address of Entity (Principle Place of Business)
1551 N. Tustin Avenue, Suite 650, Santa Ana, CA 92705

3. Local or California Address (if different than #2)
77-725 Enfield Lane, #150, Palm Desert, CA 9221 t

3. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? 181 Yes • No

5. Type of Entity
D Corporation D Limited Liability Company D Partnership D Trust 181 Other (please specify) Limited Partnership

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Steven S. Jones1 President & CEO 181 Officer • Director • Member D Manager [name] • General Partner • Limited Partner
• Other
David I. Buckman1 Executive Vice President
General Counsel & Secretao: Officer D Director • Member D Manager (name) 0 General Partner • Limited Partner
D Other
Drew Vollero1 CFO 181 Officer • Director • Member O Manager (name] • General Partner D Limited Partner
• Other

7. Owners/Investors with a 5¾ beneficial interest in the Applicant Entity or a related entity Item 1X - Page 10
A.

EXAMPLE

JANE DOE
name of owner/investor
Universal Protection GP, LLC
Universal Services of America, LP
name of owner/investor
name of owner/investor
name of owner/investor
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and name of entity]

0.2%
e of beneficial interest in entit and name of enti
ercenta e of beneficial interest in enti and name of entit Item 1X - Page 11

CONTRACT SERVICES AGREEMENT

UNARMED UNIFORMED SECURITY SERVICES
6 THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on J,~'N 4ff.,. 20,tj, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (''City") and UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL SECURITY SERVICES, A LIMITED PARTNERSHIP COMPANY ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City has determined that there is a need for unarmed uniformed security services for various city facilities and other locations as required ("Project").

B. Contractor has submitted to City a proposal to provide unarmed uniformed security services for various city facilities and other locations as required for the Project under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience~ training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such contract services.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well~qualified and experienced contracts performing similar work under similar circumstances.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal,

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which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: ( I st) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4th) the provisions of the Contractor's Proposal (Exhibit "C").

1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement.

Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.S Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and ( c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services.

Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials. papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1. 7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to 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.

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1.8 Additional Services. City shall have the right at any time during the perfonnance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work so long as the costs for such extra work, if any, are specifically provided within the City Council's budget for the fiscal year in which such extra services are provided. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined in Section 2.1 of this Agreement and/or (ii) the time to perform this agreement. Any adjustments must also be approved by the Contractor. Any increases in excess of the amounts provided herein, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this Section 1.8 shall not apply to the services specifica11y set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Six Hundred Thirty Two Thousand Thirty Four Dollars and Fifty Two Cents, ($632,034.52 annually, plus CPI adjustment in optional years 4 and 5), ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

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2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement.

Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference.

3.2 Scheel ule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty ( 180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section.

3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed three (3) years with two (2) one year optional extensions from the commencement date, except as otherwise provided in the Schedule of Performance described in

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Section 3.2 above. Any extension must be through mutual written agreement of the Parties.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination.

Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Suzie Salazar, Branch Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of

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City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any perfonnance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has fmancial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.

5. INSURANCE
S.l Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager detennines that the Work or Services to be performed under

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this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability ( errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in

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full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, nonowned, leased, and hired cars.

E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

S.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

S.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
" 20669 I

5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

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5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements.

Certificates of insurance wi11 not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
5 .3 .10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against

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Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
5 .3 .12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible.

S.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

Verification of Insurance coverage may be provided by: ( 1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No._" or ''for any and all work performed with the City" may be included in this statement).

2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " ("as respects City of Palm Springs Contract No._" or ''for any and all work performed with the City" may be included in this statement).

3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. 11 Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold hannless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

6.2 Design Contract Services Indemnification and Reimbursement. WAIVED If the Agreement is determined to be a "design contract services agreement" and Contractor is a "design contract" under California Civil Code Section 2782.8, then:

A. To die atllest e:K:teet pMmitted by low, Comr-aeter shell iadem.-iify, defefte (et CeMFaeter's sale eost oed eJEpease), pi'eteet ed held h&m1less Cit:y end ite eleeted offiei&ls, effieefG, employees, egeats ed Yelenteers ed oil oilier peblie ogeeeies ·Hhese ~revel of the prejeet is required, (indi•;ideoUy "lademnified Per-ty"; eolleetiYely "lmlemeified PORies") ogoinst Oft)' ond all liabililies, eloims, jedgmems, erbitretioa D">'••ards, settlemeets, easts, demOfttis, orders oed peMlffes (eolleetiYely "Claims"), ineleding bm aet limited to Claims erisieg ffem iBjuries Oi' death of persoas (CoBtraetor's employees included) aed damage te property, •Nhiek Cloims &rise om of, pertaie to, or life related te the negligence, i'eeltlessaess ei' willatl miseonduet efCentraetor, its ogents, employees, or ~eontraetofS, er arise frem Colltroeter's eegligent, reckless Oi' willful perfoHBeee ef er faik:tre te perfoRB 1my teRB, pro¥ision, eoveeam or eondition ofdtis AgreeHteat ("Indemnified Claims"), but Centraetor's liability for IHeemnit-ied Claims shell be redueed to ilie eJEteBt seolt Claims arise from ilie negligeaee, reeklessness or willatl Htiseone:uet of the Cit:y and its eleeteti officials, effieefS, eHtployees, egems ed ¥olunteers.

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B. The Conwetor shall reEtUire an non design eonff'8et S\19 ooBt:raetors. used or S\19 eoBt:raeteEI by Conff&otor to perferm the Ser¥iees or Wol'IE reEtUifee unEler this A,greemeet. te ~eeute an IBeefRftiHoMioe Agreement at4opting the indemnity proir,iisioBs in s1:1e seotioe €;.1 in fayer of the IBdenmified PBfties. ht addition, Conwetor shall feE1Uire an noe ElesigB eoftff&et sttb eoet:raotors, ttsed or sub eoewotee by Coetraetor to perferm the 8erYiees or Work reEl\fired under this Agreemeet. to obtain insureeee lhat is eoesisteet ·.,•ith the msumeee pro¥isioes as set forth ia this Agreemeet, as 1.Yell as &ft)' other insHfflRee that may be reEfuiree hy CoBff&et Offieer.

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs. expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect. copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7 .3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement.

Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.

Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7 .4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released

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by Contractor without City's prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Intemretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate; to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5.

B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent

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that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis").

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyri&ht Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage

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prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Contractor:

City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Universal Protection Service LP
dba: Allied Universal Security Services
77-725 Enfield Lane Suite #150
Palm Desert, CA 92211
Attention: Suzie Salazar
Telephone: 760-200-2865
Facsimile: 760-187-2957

10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

10.S Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as

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conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

Date: lo/ oG\ ( ~- ·(_°) ___ _
APPROVED AS TO FORM:

Bir.Q '!/.t. B ,_____: Jffrey.aliingfr
City Attorney
APPROVED BY CITY COUNCIL:
"CITY"
City of Palm Springs
David H. Ready, PhD
City Manager
ATTEST
Date: .ilflJAgreement No. M}S""g"'
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:

Universal Protection Service, LP
dba Allied Universal Security Services Check one: _ Individual ...X. Partnership _ Corporation 1551 N. Tustin Avenue, Suite 650
Address
Santa Ana, CA 92705
Signature (Notarized)

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Item 1X - Page 30
EXHIBIT "A"

SCOPE OF SERVICES
SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:

Generally, the scope of work consists of, but is not limited to:

General Security Guard/Patrol Requirements

1. Monitor patrol routes by physically patrolling each City Facility both in the vehicle and on foot to inspect all parts of the facilities for the purpose of detecting and preventing individuals or groups from committing acts that are illegal or dangerous to others or to the property.

2. Provide security for patrons, buildings, vehicles and personnel at each City Facility, including, but not be limited to, making rounds and clock rounds of assigned sites and key locations, responding to alarm calls, checking all elevators to ensure that they are operational and checking locks of gates and doors.

3. Respond to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm

4. Respond to alarms, suspicious activities, fires, injuries, security incidences, including but not limited to, thefts of materials and/or City property, thefts of public or private property, criminal trespass, sex crimes and/or sexual misconduct, loitering, camping or sleeping on City property, vandalism, stalking, workplace violence, disorderly conduct, civil disturbances, panhandling, loud arguments, fights, and any physical and/or verbal confrontations or any emergency situation, occurring in or around the City facilities being patrolled.

5. Write reports to document incidents, as required.

6. Follow guidelines and requirements set forth in the approved Post Orders developed in consultation with the City.

7. Communicate with a broad diversity of persons, including the communication of information to any member of the public in a courteous and professional manner.

8. Take photographs and document violations and incidents, as required.

9. Perform any other duties or functions not specifically outlined or set forth above but which are reasonably identified as falling within the scope and realm of a Security Guard's duties and responsibilities.

Work Force and Assignments

1. Contractor Security Service: The Contractor, at the Contractor's own expense, shall provide and furnish all labor, equipment, vehicle, and supplies for the assigned Security Guards for their performance of security services as specified. The Contractor shall supply the City with security service personnel who are properly trained, qualified and certified, and who meet the minimum requirements and qualifications called for in the contract. The costs for said labor, equipment, vehicles and supplies are included in the hourly fees charged by the Contractor for the various services.

2. All Security Guards shall be un-armed. (However, the City reserves the right to request armed guard service if necessary. In the cost proposal, please provide hourly rate for armed security services in the event that these services are needed at a later date)

3. Security Guards will be required to wear appropriate security uniforms only while on duty, provided by the security company and approved by the City of Palm Springs. Uniforms must be cleaned and

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pressed daily. No rips or tears shall be allowed. Unifonns must fit properly. The City specifically reserves the right to remove any individual due to unsatisfactory appearance.

4. Security Guards shall wear standard badges, company insignia, name tags, and possess photo identification cards at all times while on duty at the City. The identification card shall contain a photo of the employee, the Contractor's name, employee's name, and position or title.

5. Security Guards shall use corporate vehicles (furnished by the employer) for all assigned patrols. All vehicles used shall be safe, clean in appearance and in good working condition. All vehicles shall be identified as usecurity Patrol~ with the company's name, insignia, or other identification as approved by the City. Use of personal vehicles for patrols is not acceptable. and is cause for termination of the contract.

6. Security Guards shall patrol and otherwise conduct themselves through high visibility patrols of City Facilities, various Sites, including parking areas and shall patrol these areas hourly throughout each shift.

7. Contractor shall provide and maintain an adequate supply of flashlights and batteries, raingear, uniforms, clipboards and any other personnel equipment reasonably necessary for each Security Guard to perfonn their assigned duties. All equipment used by the Contractor perform the required services of the contract shall be maintained by the Contractor.

8. Security Guards are intended for the protection and security of City property, City personnel, the general public and to maintain a safe environment.

10. Shift Change: The Security Guard going off of duty shall ensure that relief is properly informed and ready to assume their responsibilities.

11. Shift Length: The Contractor shall provide a minimum of 3 shifts per 24 hours. This is to assure the City of Palm Springs of an alert and rested security officer during shift service. Contractor employees shall have a minimum of 8 hours off duty between tours on this contract, except in emergency situations. In the case of such emergency, the City Contract Administrator shall be notified. A 10•15 minute overlap of shifts is appropriate for information exchange. Hourly rates paid to the Contractor include any shift differential, overtime, holiday or other special pay: additional rates will not be paid.

12. Communications: The Contractor shall provide a 24-hour call center for appropriate random patrol response in a timely manner as required. The Contractor shall also provide all required portable radios, cellular telephones, and mobile base stations to ensure dissemination of information, to include reporting of incidents, to be done in a timely and effective manner. A Security Guard Supervisor shall have the communication capability to make and receive immediate notification to applicable federal, state, or local agencies. .

13. Security Guards shall perform patrols, stand guard at a location, and be able to respond to incidents.

The primary duties and assignments of the Security Guard include, but are not limited to, the following:
• Patrol all assigned sites;
• Monitor for fire, trespassers, or other irregularities; • Prevent and report acts of theft, vandalism and security breaches; • Investigate suspicious persons or unusual incidents;
• Provide members of the public with applicable City rules and regulations including, but not limited to, City Ordinances and City Manager Regulations, pertaining to use of City facilities and parks; • Report all discrepancies and unsafe conditions, and identify for appropriate remedial action; • Check the security of a City Facility, its materials, equipment, and any perimeter fences; • Respond to complaints and take appropriate action;

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• Request compliance from any persons who violate laws, rules and regulations. Any failure to obtain compliance from persons suspected of violating laws, rules and regulations shall be referred to Palm Springs Police Department or other applicable law enforcement authorities; • Ensure firefighting equipment, fire lanes, doors and traffic lanes are not blocked by people or equipment;
• Supervise evacuation procedures when directed;
• Report all unusual incidents, irregular activities, events, or property damage; • Prepare reports, maintain required logs and records, and make available copies of reports to City staff;
• Respond to emergencies, render first aid and perform other activities to prevent injury and loss of life;
• Operate radios, computers, and telephones to facilitate communication with the City as required; • At the end of a public or private event, verify that all persons have cleared the building and all perimeter doors are locked and building is secure.

Communications and Records

1. Security Guards shall be in constant communication with a Supervisor and shall have mobile communication capability to contact the Palm Springs Police Department, as necessary.

2. Security Guards are required to download the City's mobile application (app) on any smart phone or devise to alert appropriate city department of issues around the City that require City Action (ie:

Broken pipe, graffiti, biohazards, etc). This app when used on any smart phone or tablet device enables pictures that are taken and notes regarding issues to be sent directly to the City for appropriate action to clean-up, repair and/or maintenance related issues.

3. Security Company shall furnish, implement and deploy an appropriate electronic tracking system acceptable to the City for the City's use in tracking, auditing and verifying the patrols completed.

4. Contractor shall utilize a Guard Management & Reporting software that allows Guards to complete shift reports, report incidents, take pictures, record audio files, make notes, respond to tasks, and scan checkpoints to a live issue monitor and generate reports. Security Guards shall provide accurate, legible, Daily Activity Reports (DARs) and submit DARs to the City for its records.

Contractor shall provide City with permanent access to these records via an online portal to view and generate reports and extract important information at each City site or property and provide training and support to City staff in the use of the software and generation of reports.

5. DARs shall Include, but not be limited to, 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, all unsafe equipment or conditions observed at any City Facility or Site, any accidents or injuries occurring on City property, all equipment failures, vandalism, graffiti, public safety or health hazards, and alarm calls responded to. Security Guards shall complete a "Report" for any contact initiated by the Security Guard against unauthorized parties or involving customers who may be reporting violations or suspicious activities or whose conduct on City property may voluntarily or involuntarily warrant response from the Security Guard. The ·Report" shall also be completed even when reported activity involves response by the Palm Springs Police Department to further document the circumstances and confirm that a Police Report is in the process of being made.

6. Public and News Media Contacts: City of Palm Springs facilities will occasionally become the subject of newsworthy projects or events. All requests for statement of City policy regarding any matter under the control of or of direct interest to the City must be referred to the Public Information Officer at 760·323·8250.

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Security Guard Minimum Quallflcations

1. All Security Guards shall be a graduate of a state certified security officer/guard training program.

2. All personnel assigned by the Contractor to perform work for the City of Palm Springs shall be a minimum of 21 years of age, must not have an arrest record (other than minor traffic violations), and must present a professional appearance acceptable to the City. All assigned personnel must have a current, State-issued guard card and California State Driver's License.

3. Security officer(s) shall perform their duties in an efficient, conscientious manner, and shall be courteous and helpful to all persons on City of Palm Springs property. Discourtesy, rudeness, or the use of profanity will not be tolerated and shall be grounds for immediate removal of the offending employee.

4. Primary responsibilities of Security Officer(s) are observing and reporting. In addition, Security Guards are intended to serve as a visual and physical deterrent to crime. Security Officer(s) are to respond to calls for assistance, and are to call for Police or other emergency response as circumstances warrant.

5. All incidents, suspicious or unusual, shall be reported to the appropriate authorities and documented by written incident reports. Reports that are criminal in nature (i.e. burglary, robbery) shall be referred to the Palm Springs Police Department for documentation purposes. Each shift is responsible for documentation of calls for support and suspicious or unusual activities and incidents, and any other statistical data as required by the City of Palm Springs. The contract security company shall provide a daily activity log and have Security Officer(s) complete incident reports, in a form approved by the City. A daily activity log shall be provided to the City on a daily basis.

6. Security Guards shall have certification to carry mace (a chemical agent}, and handcuffs. Armed Security Guards shall have all required licenses.

7. Security Guards shall possess current First Aid and CPR (Cardiopulmonary Resuscitation) certification cards. Certification as an Emergency Medical Technician level {EMT-1) may substitute for the first aid requirement.

8. Security Guards must be fully literate in the English language (i.e., able to read, write, speak) and understand clearly.

9. All Security Guards shall be capable of properly writing reports and maintaining a daily activity log.

10. Security Guards must meet the following requirements regarding personal behavior and ability:
• Ability to meet and deal tactfully with government personnel, facility employees and the general public;
• Ability to understand, explain, interpret and apply rules, regulations, directives and procedures; • Possess poise, self-confidence and an ability to make sound decisions and react quickly under stressful conditions;
• Ability to prepare clear and concise reports;
• Ability to learn and adapt to changing situations;
• Ability to accept and respond to instructions and direction.

11. Security Guards must be capable of meeting the physical demands. Any Security Officer assigned to work under the terms of this Contract shall be in good general health without any physical defects or abnormalities, which could interfere with the performance of assigned duties. Security Guards must be fully capable of performing all duties requiring moderate to arduous physical exertion under either normal conditions and/or in emergency situations. Assigned patrols require frequent and prolonged walking, standing, sitting, bicycling and/or running. Security Guards may encounter smoke and/or chemicals. Occasionally, security personnel may be required to subdue violent or potentially violent people. Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position.

12. The Contractor shall maintain personnel files. Files shall consist of a package of documents for each assigned Security Officer consisting of minimum qualifications and includes medical record,

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social security number, military services, arrest records, and previous employment. MUpon request, Contractor shall provide the City Manager or his designee with written certification that each officer assigned to the City conforms to all City's requirements and standards specified in this Request for Proposal.

Standards of Conduct

1. The Contractor shall be responsible for maintaining satisfactory standards of competency, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees as necessary.

2. Criminal Background Check: The Contractor shall complete a criminal background check of all Security Guards, and Operations Manager prior to assignment under the contract, and prior to assigning Security Officer to a City facility, site, and/or post. Thereafter, Contractor shall conduct an annual check, or as deemed necessary for security reasons. The criminal background check shall be for felony, misdemeanor and traffic violations in all United States or countries that the individual has resided in the last five (5) years. Any Security Officer found failing to divulge a felony or misdemeanor conviction should not be assigned to the City's security services contract. All costs of these checks shall be at the Contractor's expense. a) Security Officers/Guards and Operations Managers who have been involved in any of the following will not be accepted nor assigned to City security service:
• Felony Conviction • Violent Misdemeanor Conviction • Sex Crime Conviction • Military discharge other than honorable
• Pattern of irresponsible behavior including but not limited to unreasonable driving or employment record (absenteeism, equipment abuse, disciplinary problems, insubordination)
b) Verification for above violations, military conduct and crime will be done through California Department of Justice, DMV, and/or FBI and submitted to the City for review and acceptance.

3. Security Guards shall display a well-groomed and neat appearance; appearances shall generally comply with the military hair/mustache length and style.

4. Contractor's Security Guards will be working in City facility/site locations, and as such, they must be polite, courteous, helpful, and interested in serving the public well. Professional standards are expected at all times while on a City post. The City Manager's designated representative will routinely conduct surprise inspections to ensure the quality of contract officers assigned to City facilities. If it is determined that assigned Guards do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the Contractor.

5. Security Guards may not use drugs, alcohol, or controlled substances while on assigned patrols, and, if found to be under the influence, the Security Guard shall be immediately barred from assignment on the contract, including any criminal enforcement action to be taken by the Palm Springs Police Department.

6. Security Guards shall be immediately barred from assignment on the contract if the City determines that:
• The Security Guard was assigned to duties for which they have been disqualified for either suitability or security reasons.

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• The Security Guard was found to be unfit for performing assigned duties during their patrols. • The Security Guard does not comply with recognized standards of conduct.

Supervision and Training
The Contract security company supervisor shall train, counsel, inspect and evaluate Security Officer{s).

The Contract security company supervisor shall make frequent unscheduled inspections of personnel, and report the results to the City of Palm Springs on a monthly basis. Security officer(s) shall receive training from contract security company's trainers until they are proficient in the performance of their duties. Contract security company's staff including shift supervisor shall receive an orientation from staff of various Departments within the City of Palm Springs as related to the locations to be secured including but not limited to the Palm Springs Police Department, the Palm Springs Public Library, Vacation Rental Compliance Department, Parks and Recreation Department, Facilities and Downtown Maintenance Department. The Security Guard Supervisor shall maintain communication with the City to receive directions, assignments, updates, and any information pertaining to the security of City Facilities and Sites. The Security Guard Supervisor must be able to perform all tasks and duties of the Security Guards and, at a minimum, the following supervisory duties:

1. Provide an adequate, appropriate level of field supervision for Security Guards on assigned patrols.

2. Provide Security Guard training, at no cost to the City, at least two (2) times per year for each Security Guard.

3. Coordinate all security operations and patrol services for regular and event assignments with the City to ensure that all are properly staffed.

4. Organize, plan, direct and supervise the work activities of assigned Security Guards and makes assignments to provide job performance ratings in a fair and consistent manner, taking appropriate actions to correct any deficiencies.

5. Issue oral and written instructions to assigned Security Guards.

6. Conduct preliminary investigations of misconduct or allegations against Security Guards, and prepare reports to recommend appropriate actions.

7. Provide on the scene supervision involving security related incidents.

8. Review reports of assigned Security Guards for accuracy and provide constructive guidance.

9. Ensure that assigned Security Guards are performing their duties as prescribed by law, applicable rules and regulations.

10. Conduct preliminary investigations of injuries to assigned Security Guards.

11. Maintain inventory of supplies, equipment and issued material. Conduct regular staff meetings to discuss work related problems and to provide advice and guidance.

12. Ensure required training of Security Guards is conducted and properly documented. The Contractor shall maintain a training record for each Security Officer assigned to a City facility.

The training record shall show, as a minimum, the employee's name, date of employment, and the different types of training provided. Such records shall be made available to the City Manager or his designee upon his request. The City Manager or his designee may, from timeto-time, review these records and monitor the conduct of such training.

13. City and Contractor Staff Meetings: Meetings between the City Manager or his designee and Contractor's Operations Manager or Supervisor shall be scheduled on a bi-monthly basis, or as often as necessary, to discuss problems, discrepancy reports, and status of contract services. The Operations Manager or Supervisor shall meet regularly with the City Manager or his designee at least once a month or as often as necessary and as determined by the circumstances in the administration of the Contract.

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a) The meetings will cover all matters regarding the Contract and related to operations, quality of services, contract compliance, changes in the scope of work, solutions to problems and discrepancies in the building, invoices, charges, and other matters regarding the scope of work.
b) The Operations Manager or Supervisor shall address all contract matters on behalf of the Contractor, including but not limited to the following: payroll, invoicing, assignments of personnel, disciplinary actions, contract performance, and non-performance, corrective actions, assessments and appeals for contract non-compliance, special assignments, quality assurances and controls, changes of scope of work and other matters of mutual interest or concern to the City and the Contractor.

SITE SPECIFIC DETAILS ao be Implemented In con/unction with General Scope of Services)

1. Palm Springs Train Statlon-6001 Palm Springs Station Road Security coverage of train operations will be provided based on the scheduled arrival time of the train per Amtrak Dispatch. Security coverage begins thirty (30) minutes prior to the train's scheduled arrival and ends 15 minutes after its departure from the Facility, and only after all passengers have left the station.

In addition to general security guard/patrol requirements, the Security Officer will be responsible for unlocking and locking the restrooms, checking on the well-being of passengers and assisting any passenger requiring assistance to the extent reasonable under the circumstances. The only time the restrooms shall remain locked during a scheduled train arrival is in the event that the train station is closed due to wind/sand, flooding or other barriers. The restroom may also be temporarily locked if the bathroom is out of service.

The Security Officer will document and report on all instances that may be of interest to supervisors or the City's Contract Officer and report on safety hazards, malfunctioning equipment and other such matters in the Daily Activity Report (DAR). The DAR shall also include documentation of the time train arrives, number of passengers on and off and time of actual train arrival and departure.

In general for issues at the train station, the following actions shall be taken:

1. Document the incident or issue in the DAR.

2. If issue is janitorial or restroom supplies or if it has to do with facilities (i.e. broken sprinkler heads, non-working lights, etc.), report it on the City's Reporting Software/App.

3. If the issue is outside of normal City business hours, mark the work order as an emergency. If you do not receive a response to an emergency work order within 20 minutes, contact the City's non-emergency dispatch number 760-327-1441.

4. If the issue is major, or a safety issue, or crime, call 911 or contact Police at 760-323- 8116

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Schedule of Performance at the Train Station
Contractor shall provide guard services in conjunction with Amtrak's arrival schedule at the station. Security guard coverage begins thirty (30) minutes prior to the train's scheduled or anticipated actual arrival and ends after its departure only when all passengers have left the train station. It is the Contractor's responsibility to contact Amtrak Dispatch to ascertain the actual arrival of the train. The intent for security services at this location is not only to secure the property, but to provide a presence at the station since it is located in a remote area and therefore essential for passenger safety. Therefore it is imperative that a guard be on location prior to train arrival and after departure until all passengers have left the station. Even if actual arrival time is delayed, the security guard shall arrive prior to scheduled arrival time in case passengers are waiting at the station.

Sunset Limited Route
East Bound - Wed., Fri., Mon.

West Bound - Mon, Thurs., Sat.

2. Library Guard Services
Scheduled Arrival Time
2:02 am
12:36 am
The City of Palm Springs requires security guard services at two (2) City-owned libraries, the Palm Springs Public Library at 300 South Sunrise Way and the Welwood Murray Memorial Library, at 100 South Palm Canyon Drive. The following tasks shall be performed at each library:
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• Continuously patrol the interior and exterior of the building; • Ask patrons to return if they set off the security alarms (ie: RFID tags not deactivated when a book or other library item is checked out);
• Monitor the public restrooms; check restrooms at least once per hour; • 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, firmly, quietly, and appropriately; • Check the well-being of Library customers and awaken those who are sleeping; • Enforce the Library's code of conduct; and
• Assist with the closing and securing of the building at the end of the business day.

During the patrol rounds the security officer will be on the lookout for any security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the Contract Officer immediately and documented on the officer's own daily shift report. Guards shall be prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm.

Also, the security 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, medical emergencies, 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.
2a. Palm Springs Library-300 South Sunrise Way
Due to the unique architecture of the Library at 300 South Sunrise Way, access to the roof is relatively easy. Under no circumstance shall an officer go onto the roof of the Library at any time.

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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 security officer should work with and take direction, as appropriate, from library staff. The rules are identified in Attachment "G" entitled "Library Public Code of Conduct".

Schedule of Performance at the Palm Springs Public Library Services at the Library shall be provided 47.5 hours per week under the following schedule:

Monday
Tuesday
Wednesday
Thursday
Friday
Saturday Sunday
10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); 10:00 am to 8:15 pm (9.25 hrs. with 1 hour lunch); 10:00 am to 8:15 pm (9.25 hrs. with 1 hour lunch); 10:00 am to 6:15 pm (7.75 hrs. with 30 minute lunch); 10:00 am to 5:15 pm (6.75 hrs. with 30 minute lunch);
10:00 am to 5:15 pm (6.75 hrs. with 30 minute lunch);
(library closed-0 hrs.).

A 30 minute or one hour lunch break is allowed for in the daily schedule. Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for extended library services or special events. 2b. Welwood Murray Memorlal Llbrarv-100 South Palm Canvon Drive In addition to general patrol services, the security officer is also responsible for enforcing the rules and regulations of the Library. The security officer should work with and take direction, as appropriate, from library staff. The rules are identified in Attachment "H" entitled 'Welwood Murray Memorial Library Public Code of Conduct".

Schedule of Performance at the We/wood Murray Memorial Library Services shall be provided seven days a week from 9 am to 9 pm.

3. Downtown Public Parking Facilities (Parking Structure, Underground Parking. Surface Parking Lot) and Public Restrooms at Downtown Revltallzatlon Prolect bv GRIT Development
Contractor shall provide "around the clock" security guard services for the Parking facilities and public restrooms at the downtown revitalization project by Grit Development. The project area extends from the south-west corner of Tahquitz Canyon Way and North Palm Canyon Drive west to North Museum Drive and north to the Palm Springs Hyatt and includes the following road network: Museum Way from North Palm Canyon Drive west to North Museum Drive, West Andreas Road from South Palm Canyon Drive west to Belardo Road, and Belardo Road from Tahquitz Canyon Way north to West Andreas Road.

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Contractor shall provide two (2) security guards to patrol, monitor and report on activities in the public parking facilities (surface parking lots, parking structure at North Museum Drive, and the underground public parking structure) and the public restroom facilities that are accessed from the walkway along the east side of the Rowan Hotel.

The Security Guards will patrol the public parking and restroom facilities by alternative fuel motorized vehicle (electric golf cart, segue, scooter, bicycle, etc.) and on foot to inspect all parts of the premises. This is an extensive area and requires a motorized transport mode to allow the Security Guards to quickly access the area and move from one location to the next. The Security Guards shall cover the all surface public parking lots, as well as all levels of the Parking Structure at North Museum Way, including the underground levels where open for public access, up to the section owned by the Hyatt for their guest parking. Security Guards shall check all elevators in the parking facilities a minimum of every four (4) hours to ensure that the elevators are operational.

Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
7206691
All activities and incidents shall be included in the Daily Activity Report ("DAR"). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.

Schedule of Performance at the Downtown Revitalization Proiect by Grit Development Parking Structure, Underground Parking. Surface Parking Lot and Public Restrooms Security coverage shall be provided seven days a week, year-round and will consist of a full time security guard on the premises twenty.four (24) hours per day.

Provide an hourly rate of compensation in the event that additional hours are required at the request of the Contract Officer for additional security guards and extended services at the facilities or for special events.

Parking Enforcement at Downtown Parking Structure
City of Palm Springs requires enforcement of parking regulations at the Downtown Parking Structure daily from the hours of 8:00 p.m. to 11 :00 a.m. This service will supplement the parking enforcement provided by ACE Parking from 11 :00 a.m. to 8:00 p.m. daily.

Contractor shall record/track parked vehicles in the structure between the hours of 8:00 p.m. and 11 :OO a.m. daily.

City shall provide Notice of Parking Violation pads for contractor to use for citation of violators. The pads contain a white original, yellow and pink copy sheets along with an envelope with Citation printed on it. Contractor shall return the white original and yellow copy to the City of Palm Springs, Attention: Ariana Muniz-Department of Finance, retain the pink copy and place the envelope/citation copy on the windshield of the parked vehicle. Contractor shall also take pictures of the vehicle and license plate number with time stamp to maintain as

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a record in the event that the violation is disputed. Contractor may utilize existing online "Heliausn reporting system to record data and photos by license plate number for easy future retrieval.

Free public parking is limited to 4 hours maximum.

No public parking is allowed from 3:00 a.m. to 6:00 a.m.

Parking areas designated for employees allow parking up to 12-hours maximum.

Although, at this time, there are no "employee parking stickers" or other identifiers that distinguish employees from the general public, it is anticipated that at a future time, a system will be put in place to identify vehicles that are authorized to park in the employee parking areas.

Report any potential abandoned vehicles, or vehicles creating unsafe conditions to the Palm Springs Police Department at the non-emergency dispatch number (760) 327-1441.

Coordinate with ACE Parking for the transition of enforcement when ACE Parking arrives at 11 :00 a.m. (i.e. provide list of license plate numbers with time stamp between 8:00 a.m. and 11 :00 a.m.) and collect same information from ACE Parking at 8:00 p.m. (collect list of license plate numbers from the hours of 5:00 p.m. to 8:00 p.m.), to ensure that citations are issued on any vehicles parked in excess of the four hour maximum.

4. Downtown 11Barlsto" Parking Structure-261 S. Indian Canyon Drive On-site security guard shall perform the following tasks:
?lll6691
• Continuously patrol the interior and exterior of the structure; • Monitor the public elevators;
• Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public;
• Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond; and • Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.

The Security Officer will patrol the public parking structure on foot and may also use an alternative fuel motorized vehicle (electric golf cart, segue, scooter, bicycle, etc.) to move about and inspect all parts of the structure.

All activities and incidents shall be included in the Daily Activity Report ("DARn). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.

Schedule of Performance at the Downtown "Baristo" Parking Structure Services at the Downtown "Baristo" Parking Structure shall be Thursday through Saturday 9:00 pm to 2:30 am (5.5 hours per day). Provide an hourly rate of compensation in the event that

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additional hours are required at the request of the Contract Officer for extended services at the Downtown Parking Structure or for special events.

Contractor shall note that in addition to the services of the scheduled dedicated guard, the Downtown "Bariston Parking Structure is included as a nightly patrol location as described in Section 5-Nightly Patrol of City-Owned Properties and Historic Sites.

5. Nightly Patrol of City-Owned Properties and Historic Sites Contractor shall provide an un-armed uniformed security officer, the vehicle, and communications equipment for the officer, and all necessary supervision needed to patrol/monitor/report activities in the downtown and other specified locations at designated City-owned properties and historic sites. Patrol to be nightly over a period of eight hours from 9:00 pm to 5:00 am continuously in a random manner to sites as specified by the City. Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.

It is expected that each of the patrol locations would be visited a minimum five (5) times per site per day (overnight) at random times. Pennanent locations to be included in the nightly patrol are:
720M9 l
• Historic Frances Stevens Park (northeast corner of Alejo Road and North Palm Canyon Drive at 538 and 550 North Palm Canyon Drive)-ln addition to general requirements, Security Officer shall check doors and windows of City-owned buildings at 538 and 550 North Palm Canyon Drive and report on any suspicious activity or attempted break-ins. • Downtown (Baristo) Parking Structure (261 S. Indian Canyon Drive)-ln addition to general requirements, Security Officer shall check all elevators in the parking facilities a minimum of every four (4) hours to ensure that the elevators are operational. • Historic Village Green (221-233 South Palm Canyon Drive) • Historic Plaza Theater (128 South Palm Canyon Drive) • Casa del Camino vacant property (1479 North Palm Canyon Drive south of W. Stevens Rd.)
Other historic properties to be included in the nightly patrol are:
• Historic Orchid Tree Inn
• Historic La Plaza Shopping Center
• Historic Town & Country Center
• Historic Racquet Club

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In addition to the above noted locations, additional locations will be specified as needed and would be provided in further detail, upon award of the contract. Locations will be subject to change depending on the City's needs and contractor should be flexible to add or remove locations as requested by the City.

6. Securltv Services at Cltv Parks
Contractor shall provide all services, supervision, uniforms, supplies, materials, equipment and transportation necessary to provide un-armed security guard services for the City of Palm Springs Parks and Recreation Department. The following tasks shall be performed:
• Security guards may need to advise park patrons regarding rules and/or restrictions for the use of the parks or park facilities;
• Monitor facilities to assist in preventing theft and vandalism at the facilities listed below; • Appropriately deal with aggressive, violent, and disruptive patrons of all ages until police respond;
• Under appropriate circumstances Security Guards may, atthe direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest; • Monitor the public restrooms at the parks listed below; • Monitor that vehicles are not parked or driven onto the park itself; • Issue citations when witnessing a violation; • Contact Police Department dispatch if no compliance is achieved and have PD assist with getting guests into compliance: and
• Work with the Police Department to cite patrons who have a gathering larger than 40 people at the park without a permit;
Security Guards shall advise any member of the public who appears to be violating the City's rules and regulations, including, but not limited to, loitering, camping, desecrating or disturbing other members of the public. Security Guards shall also monitor circumstances where there are aggressive, violent, and mentally disturbed individuals until the police respond. Under appropriate circumstances Security Guards may, at the direction of a Supervisor, or Palm Springs Police Department, make a citizen's arrest.
720669 1
Security Guard shall patrol the following park sites on Saturdays and Sundays from 9:00am to 3:00pm in a random order.
• Sunrise Park 401 S Pavilion Way
• Demuth Park 4200 Mesquite Ave
• Ruth Hardy Park 700 E Tamarisk Rd.
• Victoria Park 27 44 N Via Miraleste
• James O Jessie 480 W Tramview Rd.
• Baristo Park 296 S Calle Encilia
During the patrol rounds the security officer will be on the lookout for any security breaches, maintenance problems, safety issues or fire hazards. Problems and/or unsafe conditions must be reported to the Contract Officer immediately and documented on the officer's own daily shift report.

Guards shall be prepared to respond properly and effectively to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm.

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All activities and incidents shall be included in the Daily Activity Report ("DAR"). Any issues that require City action for maintenance, repair, clean-up or graffiti abatement shall be reported on the City's Reporting Software/App.

Nightly Security Services at Sunrise Park
In addition to weekend patrol of City park sites identified above, specifically for Sunrise Park, additional security guard services shall be nightly, seven days a week from 10:00 pm to 5:00 am.

Security guards shall provide continuous patrol around Sunrise Park and its facilities which will include the Swim Center, Leisure Center, Pavilion, Skate Park, and the baseball fields.

7. Vacation Rental Compliance Security Services
Below are the hours of coverage for security services and scope of work needed to cover and respond to calls for services filed through the vacation rental hotline during City off-work hours.

1. Contractor to have dedicated phone line for the officer covering the vacation rental hotline.

2. Security Officer to answer and respond to all calls for service/complaint filed through the Vacation Rental Hotline during hours listed below.

3. Respond to the location of the address in violation reported.

4. Make contact and ask the guests of the vacation rental to be in compliance in polite and courteous manner pursuant to Officer Field Protocol Attachment "I".

5. Issue citations when witnessing a violation.

6. Document the event details in a report and on a web based platform provided by the City of Palm Springs.

7. Contact the On-Call Manager of the vacation rental property and advise manager of the complaint and resolution - Database to be provided by the City. 720669 I

8. Contact Police Department (PD) dispatch if no compliance is achieved and have PD assist with getting guests into compliance.

9. The security company must have ability to cover all shifts In cases where an employee is out sick or on vacation and the City Staff is not able to cover such shifts.

Schedule of coverage is as follows:

Monday 12:30 am -8:30 am, 6:30 pm-12:30 am (Tuesday)
Tuesday 12:30 am - 8:30 am, 6:30 pm-12:30 am (Wednesday) Wednesday through Sunday 12:30 am - 8:30 am
(Total hours of coverage per week is 68)

8. Security Services at City Council Meetings and other Publlc Meetings The Palm Springs Police Department is requesting Security Guard services at the City of Palm Springs Council Chambers at 3200 E. Tahquitz Canyon Way. Uniformed security guards will control pedestrian access to the Facility and operate the security screening post located within the building's front lobby area. The screening post's equipment may include both a fixed and hand-held metal detector. Additionally, screening staff will provide physical "hand checksn of purses, briefcases and other containers. All individuals entering the Council Chambers must pass through the security screening post. Two guards are needed to staff the screening post and to perform additional duties in accordance with the schedules and specifications as noted in the following section. This coverage will be for all City Council meetings, generally held on the first

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and third Wednesdays of each month starting at 5:00 pm and remaining until meeting has adjourned and all attendees have departed.

Contractor shall offer flexibility in the provision of these services, as schedule is subject to change.

Contractor shall regularly check the City of Palm Springs website at **********
,palmspringsca.gov/gQvernment/city-clerk/city-council-meetings-agenda to verify meeting schedule, as occasionally meetings are added, removed or moved to the second and fourth week of the month to accommodate holiday and other schedules. Also, the duration of the City Council meetings will vary depending on the Agenda. For the purposes of proposing for the services, please provide the hourly rate for two unarmed, uniformed guards twice per month for an average duration offive and a half hours per meeting.

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EXHIBIT"B"

CITY'S REQUEST FOR PROPOSALS

CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #11·19

UNARMED UNIFORMED SECURITY SERVICES OF CITY FACILITIES
Requests for Proposals (RFP #11-19), for Unarmed Uniformed Security Guard Services for various City facilities and other locations for the City of Palm Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, MAY 23, 2019. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive or negatively impact the evaluation of a proposal. We strongly advise that interested firms officially register per the instructions in the Notice.

1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified firms to provide the City with supervision, uniforms, supplies, equipment, materials, and transportation necessary to provide unarmed uniformed security guard services for various city facilities and locations within the City of Palm Springs (hereinafter the "Project"). The selected firm will be expected to provide the required services to provide unarmed uniformed security guards for various City facilities and locations pursuant to the scope of services as defined herein.

SCHEDULE:

Notice requesting Proposals posted and distributed .............................................. April 22, 2019 Pre-Proposal Conference ..................................................... Thursday, May 2, 2019, 9:00A.M.

Deadline for receipt of Questions ................................. Wednesday, May 15, 2019, 3:00 P.M.

Deadline for receipt of Proposals ...................................... Thursday, May 23 2019, 3:00 P.M.

Short List/ Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council .. . . . . . . .. . . .. . . . .. .. . . ... .. .... . . •. .•. . .•. . . . . . . . .. .. .. . . .. . . . .. . . .. to be determined NOTE: *Dates above are subject to change.
"KEY" TO RFP ATTACHMENTS:

ATTACHMENT 11A"· Signature Authorization Form, Including Addenda acknowledgment. *Must be completed and Included with Work/Technical Proposal envelope.

ATTACHMENT "B" - Non Collusion Affidavit Form. *Must be completed and Included with Work/Technical Proposal envelope.

ATTACHMENT "C" - Cost Proposal Form. *Must be completed and Included In a separately sealed envelope - do NOT include this with your Work/Technical Proposal.

ATTACHMENT "D" - No Conflict of Interest and Non-Discrimination Form. *Must be completed and Included with Work/Technical Proposal envelope.

ATTACHMENT "E" - Business Disclosure Form. *Must be completed and Included with Work/Technical Proposal envelope.

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ATTACHMENT "F" - City Map for Unarmed Guard Patrol/Services ATTACHMENT "G" - Main Library Public Code of Conduct- 300 South Sunrise Way ATTACHMENT '"H" - Welwood Murray Memorial Library Code of Conduct - 100 South Palm Canyon Drive
ATTACHMENT "I" -Code Compliance Officer Field Protocol
ATTACHMENT "J"- Sample bollerplate Contract Services Agreement (for reference only)

2. BACKGROUND The City of Palm Springs is requesting proposals for Unarmed Uniformed Security Guard Services to be provided at the following City owned facilities/locations: Train Station, Library, Welwood Murray Memorial Library, Downtown Public Parking Structure, Underground Parking, Surface Parking Lot and Public Restrooms at Downtown Revitalization Project, Downtown Baristo Parking Structure, City Parks, Historic Sites, City-Owned property and Vacation Rental Compliance Security Services and other locations as deemed necessary by the City during the term of the contract.

3. SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:

Generally, the scope of work consists of, but is not limited to:

General Security Guard/Patrol Requirements

3. Respond to potentially dangerous and uncontrolled situations in order to protect patrons, staff, vendors and other visitors from harm

5. Write reports to document incidents, as required.

6. Follow guidelines and requirements set forth in the approved Post Orders developed in consultation with the City.

7. Communicate with a broad diversity of persons, including the communication of information to any member of the public in a courteous and professional manner.

8. Take photographs and document violations and incidents, as required.

Work Force and Assignments

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service personnel who are property trained, qualified and certified, and who meet the minimum requirements and qualifications called for in the contract. The costs for said labor, equipment, vehicles and supplies are included in the hourty fees charged by the Contractor for the various services.

3. Security Guards will be required to wear appropriate security uniforms only while on duty, provided by the security company and approved by the City of Palm Springs. Uniforms must be cleaned and pressed daily. No rips or tears shall be allowed. Uniforms must fit properly. The City specifically reserves the right to remove any individual due to unsatisfactory appearance.

5. Security Guards shall use corporate vehicles (furnished by the employer) for all assigned patrols. All vehicles used shall be safe, clean in appearance and in good working condition. All vehicles shall be identified as "Security Patror with the company's name, insignia. or other identification as approved by the City. Use of personal vehicles for patrols is not acceptable. and is cause for termination of the contract.

7. Contractor shall provide and maintain an adequate supply of flashlights and batteries, raingear, uniforms, clipboards and any other personnel equipment reasonably necessary for each Security Guard to perform their assigned duties. All equipment used by the Contractor perform the required services of the contract shall be maintained by the Contractor.

8. Security Guards are intended for the protection and security of City property, City personnel, the general public and to maintain a safe environment.

9. The Contractor shall designate Security Guards for each shift and provide shifts as required to adequately patrol the required City Facilities and Sites. The Contractor shall assign a sufficient number of personnel during the specified hours and provide sufficient back up in the event that personnel are either sick or on vacation.
1 O. Shift Change: The Security Guard going off of duty shall ensure that relief is properly informed and ready to assume their responsibilities.

11. Shift Length: The Contractor shall provide a minimum of 3 shifts per 24 hours. This is to assure the City of Palm Springs of an alert and rested security officer during shift service. Contractor employees shall have a minimum of 8 hours off duty between tours on this contract, except in emergency situations. In the case of such emergency, the City Contract Administrator shall be notified. A 10-15 minute overlap of shifts is appropriate for information exchange. Hourly rates paid to the Contractor include any shift differential. overtime. holiday or other special pay: additional rates will not be paid.

13. Security Guards shall perform patrols, stand guard at a location, and be able to respond to incidents.

The primary duties and assignments of the Security Guard include, but are not limited to, the following:
• Patrol all assigned sites;

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Palm Springs City CouncilNovember 21, 2024

Palm Springs City Council
November 21, 2024