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Home My WebLink AboutCDC/2000-03 1 RESOLUTION NO: CDC 2000-3 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND ADVANCED SECURITY FOR METRO LINK SECURITY SERVICES 4 5 6 7 8 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 SECTION 1. The Executive Director of the Redevelopment Agency ("Agency") 11 is hereby authorized and directed to execute on behalf of said Agency an Agreement for Security Services at the rate of$9.00 per hour with a 30-day written notice termination clause. Said Agreement is attached hereto as Exhibit "A" and is incorporated herein by reference in its entirety. 12 13 14 15 SECTION 2. The authorization to execute the above referenced Agreement is 16 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0 17 this resolution. 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII Page 1 of 2 01/24/00 CDC 2000-3 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND ADVANCED SECURITY FOR METRO LINK SECURITY SERVICES 2 3 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on day of Februarv , 2000 by the following vote, 22nd 9 to wit: 10 11 COMMISSION MEMBERS: AYES ABSENT NAYS ABSTAIN 12 ESTRADA x LIEN x 13 MCGINNIS x SCHNETZ x 14 SUAREZ x ANDERSON x 15 MILLER X 16 17 18 19 The foregoing resolution is hereby approved this.:<3d day of February_ 2000. 20 21 22 23 24 Approved as to form and Legal Content: Agency Couns 25 26 27 By: 28 Page 2 of 2 01/24/00 CDC 2000-3 ... ADVANCED SECURITY 24-HOUR SERVICE. LIC. # PPOl2783 . (909) 357-9407 . Fax: (909) 429-2095 CONTRACT AGREEMENT DATED AS OF November 1, 1999 TO AS COMPANY, AND City of San Bernardino , BETWEEN ADVANCED SECURITY, HEREINAFTER REFERRED EDA , HEREINAFTER REFERRED TO AS CLIENT. BILLING ADDRSSS, TRACT I, 201 N. "E" Street.Suite 301 ~Bernardino, CA 92401-1507 SITS ADDRSSS, 1170 Third Street San Bernardino, CA CLIBNT'S OFFICE #, RP'S NAMS, Mike Trout RP'S NAME, EMER. PHONE ~Il, (BEFORE 5 P.M.) EMSR. PHONE #2, (909) 663-1044 EMER. PHONE 13, Client desires to have Advanced furnish Client with Uniformed Security Personnel with such equipment as shall be mutually agreed upon by Client. and on the terms and conditions in this agreement. Accordingly, Client and Advanced mutually agree to the following, PSRSONNBL and/or BOUIPMENT, l. Security Guard 2. 3. 4. 5. 6. MTIl' $9.00/hr. ~ Keys or Code Card Needed? (Y/N) Labor Release Needed? (Y/N) CONSTRUCTION SITS INFOIUfATI;j AONLY' Who Financed? Address, Construction Lender: N/A Address, Report Sheets Left? N/A COURT TIME: As needed for Deposition(s) or actual Court Time/SUbpoena, etc., there will be a charge of four (4) hours minimum at S15.50 par hour Dar quard. HOLIDAYS, Any and all legal holidays worked are at time and one-half (~.5) the regular rate per hour. BJ:LL:ING ALL ACCOUNTS ARB BILLED IN ADVANCE. IPatrol once per month/Standing Guard twice per month.) For first billing Advanced will allow thirty (30) days from date of invoice for amount to be paid in full; unless prior arrangements are made and in full agreement wit~ both parties all invoices are due and payable in full (10) ten days from date of invoice. Any and all invoices past due are subject to a ten percent (lOt) service charge which will be added to the account balance invoice amount. Any invoice not paid wi~in ten (10) days can be cause for immediate cancellation of services fer non-payment. and legal action will be initiated. In the event either party is required to institute litigation to enforce any of the terms of this contract, the prevailing party to that litigation shall be entitled to recover, in additi~~ to all other accounts to which it is entitled. all court costs. including attorney's fees. H2I1' Liquidated Damages, The failure of the client to pay any invoice on or before the due date results in damages to Advanced as a result ot loss of interest. loss of working capital, and loss from the incurring of additional expenses associated with record keeping and rebilling, which losses are impracticable or extremely difficult to determine. Accordingly. Advanced and client agree that in the event client fails to pay. in full, any invoic~ within tan (10) days from the date of such invoice. Advanced shall be entitled to recover from client, in addition to the amount of the invoice, an amount equal to ten percent (lOt) of each unpaid invoice (or unpaid portion of any such invoice) for each month that such invoice (or unpaid portion) remains unpaid. CDC 2000-3 TERM OF AGREEMENT This Agreement shall commence on November 1, 1999 and shall continue in effect until herein named Client gives Advanced written notice of termination of not less than thirty (30) days prior to said termination. This Agreement may be terminated at any time by Client upon the giving of said written notice. Any account that discontinues service without the thirty (30) days written notice to Advanced is liable for all invoices already billed in full, plus the following thirty (30) days billing. EMPLOYEES Security Personnel are employees of Advanced, an independent contractor, which will pay all wages and all applicable payroll and other taxes. SUPERVISION Advanced shall be responsible for the direct supervision of all Security Personnel through designated representatives who will be available at reasonable times to consult with Client or its designated representatives. The service to be rendered under this Agreement by Advanced shall be in conformity with operating procedures mutually agreed upon by Client and Advanced. If, at the request/direction of Client, and without the written consent of Advanced, Security Personnel are assigned duties other than those agreed to, Client shall assume complete responsibility for any and all liability arising therefrom. Advanced will remove from service any personnel who, in the Client's opinion, are not qualified to perform the work assigned, and replace that personnel with qualified personnel as soon as possible. RATE CHANGE The rate quoted herein will remain in effect until Advanced shall notify Client in writing of any proposed rate change at least forty (40) days in advance of such change. HOLD HARMLESS Advanced shall indemnifY, defend and hold harmless the Community Development Commission, Redevelopment Agency of the City of San Bernardino, the Economic Development Agency, and their officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) for claims, actions, injuries and/or damages arising out of or related to Advanced's performance of this Agreement, except that such duty to indenmifY, defend and hold harmless shall not apply where injury to person or property is caused by Client's willful misconduct, gross negligence or sole request/direction to assign duties without written consent of Advanced as set forth under SUPERVISION. " CDC 2000-3 INSURANCE During the term of this Agreement, Advanced shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory Worker's compensation coverage, and shall file copies of said policies with the Executive Director of the Agency prior to undertaking any work under this Agreement. Client shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificates ofInsurance so furnished shall require the insurer to notify the Client no less than ten (10) days prior to termination or material change in said policy or policies. CANCELLATION BY ADVANCED Advanced reserves the right to terminate this Agreement immediately if a life threatening situation arises between Advanced Security Personnel and individuals on Client's property, or, upon default by Client in the payment of any monies due herein under, or, if at any time during the term of this Agreement there shall be filed by or against Client in any court, pursuant to any statute, either of the United States, of any State, Territory or Possession, a petition of Bankruptcy, Insolvency, or Reorganization or for the appointment of a receiver to receive all or a portion of Client's property, or if Client makes an assignment for the benefit of creditors. ~ MISCELLANEOUS The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of Client shall be considered as "attorney's fees" for the purposes of this Agreement. SIGNED: nTLr ;lk2-0 d _ f DATE: PAf!{) TITLE: OC011 e.JtL SIGNED: DATE: