HomeMy WebLinkAbout35-Facilities Management
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
11-16-06
ORIGINAL
Subject:
Resolution authorizing the Mayor to execute
Amendment No. One to the Securitas Security
Services, USA, Inc. agreement, dated
November 6, 2006, for security guard services
at the San Bernardino Metrolink Station.
From:
James Sharer, Director
Dept:
Facilities Management
MICC Meeting Date:
November 20, 2006
Synopsis of Previous Council Action:
11-06-06 Resolution authorizing the execution of a contract and issuance of an Annual Purchase Order
To Securitas Security Services, USA, Inc. for security guard services at the San Bernardino
Metrolink Station
Recommended Motion:
Adopt Resolution
Contact person:
James Sharer
/~~
James W. Sharer .
Director of Facilities Mana ement
Phone: 384-5244
Supporting data attached:
Staff Report, Resolution
Ward(s):
1
FUNDING REQUIREMENTS:
Amount:
Source::
001-325-5507
Barbara Pachon
Director of Finance
Council Notes:
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Agenda Item No. _
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the Mayor to execute Amendment No. One to the Securitas
Security Services, USA, Inc. agreement, dated November 6, 2006, for security guard
services at the San Bernardino Metrolink Station.
BACKGROUND
The San Bernardino Metrolink Station is located at 1204 West Third Street. The City
provides security guard services at this location as part of an agreement with
SANBAG dated December 3, 2003. The guard service is to be present at the station
six days per week, eighteen and a half hours per day, with a second guard during
evening hours for a total of23.5 hours per day.
At the last meeting of the Mayor and Common Council, Resolution # 2006-380 was
approved, authorizing the execution of a contract and issuance of an Annual Purchase
Order to Securitas Security Services, USA, Inc. (Securitas) for security guard services at
the San Bernardino Metrolink Station. Up until and after that council meeting, Facilities
Management and the City Attorney's Office were working with Securitas on language
regarding the Indemnity Clause in the agreement. Securitas was not willing to agree to
the City's indemnity clause as written, and after two weeks of negotiations, all parties are
now in agreement with Addendum No. One to the contract, attached. The addendum
limits their indemnity to the City of San Bernardino to $5 million. This amount is $2
million higher than they currently give to the County of San Bernardino.
Staff recommends that the Common Council authorize the Mayor to execute Amendment
No. One to the Securitas Security Services, USA, Inc. agreement, dated November 6,
2006, for security guard services at the San Bernardino Metrolink Station.
FINANCIAL IMPACT
The cost for security services is included in the Facilities Management general fund
budget for FY 06/07, account number 001-325-5507. There is no change to the contract
cost as approved on November 6, 2006
RECOMMENDATION
Adopt Resolution
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE Al\IENDMENT
NO. ONE TO THE SECURITAS SECURITY SERVICES USA, INC. AGREEMENT,
DATED NOVEMBER 6, 2006, FOR SECURITY GUARD SERVICES AT THE SAN
BERNARDINO METRO LINK STATION.
BE IT RESOLVED BY THE MA YOR AND COMMON COll:"iCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. On November 6,2006, the Mayor and Common Council approved
Securitas Security Services USA, Inc. to provide security guard services for the Metrolink
Station in the City of San Bernardino, under Resolution 2006-380. The Common Council
hereby authorizes the Mayor to execute Amendment No. One, attached as Exhibit A and
incorporated herein, to the Agreement for Services with Securitas Security Services USA,
Inc., to provide security services at the San Bernardino Metrolink Station.
SECTION 2. This amendment and any future amendment or modification thereto
shall not take effect or become operative until fully signed and executed by the parties
and no party shall be obligated hereunder until the time of such full execution. No oral
agreements, amendments, modifications or waivers are intended or authorized and shall
not be implied from any other course of conduct of any party.
SECTION 3. This authorization to execute the above referenced Amendment is
rescinded if not executed within 60 days of the passage of this resolution.
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I 'I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING TilE MAYOR TO EXECUTE AMENDMENT NO
.2 lONE TO THE SECURITAS SECURITY SERVICES USA, INC. AGREEMENT, DATE
3 NOVEMBER 6, 2006, FOR SECURITY GUARD SERVICES AT THE SA
BERNARDINO METRO LINK ST A nON
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council ofthc Citv of San Bernardino at a meeting thereof,
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held on the day of , 2006, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
II BAXTER
12 VACANT
13 DERRY
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KELLEY
15 I JOHNSON
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McCAMMACK
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City Clerk
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The foregoing resolution is hereby approved this
day of
,2006.
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Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
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Exhibit A
AMENDMENT No" ONE
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AMENDMENT
Modifying Agreement for Services
Belween
City of San Bernardino ("Client")
and Securitas Security Services USA, Inc, ("Company")
The Agreement for Services, and anything attached to, incorporated into or otherwise forming part of it
(collectively, the "Agreement"), is modified as of its commencement as follows, and in case of any difference the
following controls:
1. Company will defend (and control any such defense) and indemnify Client, and any person or entity required to
be defended or indemnified under the Agreement (collectively "Client Parties"), against any claim, loss, damage
or expense (including reasonable attorneys' fees and costs of suit) in connection with the Agreement, but only to
the extent the claim, loss, damage or expense is caused by the negligence, willful misconduct, or other faull
(including, but not limited to, breach of contract) of Company, its employees or agents, However, in no event will
Company's or its insurers' liability to the Client Parties exceed $5 million. Further, in no event will Company or its
insurers be liable to the Client Parties for any (a) environmental damages, (b) special, indirect, punitive,
exemplary, liquidated or consequential damages (including, but not limited to, loss of profits or business), or (c)
damages arising from an act of war or act of terrorism,
2. If Company provides any insurance coverage (additional insured or otherwise) for Client or any others, such
insurance coverage will only cover liability assumed by Company in the Agreement, as modified by this
Amendment.
3. Either party may terminate the Agreement at any time without cause or penalty, but only with thirty or more days'
prior written notice to the other party.
I Client
Securitas Security Services USA, lnc,
By:
By:
Date:
Date:
Approved as to Form:
James F. Penman,
City Attorney
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Standard Amendment - Client Agreement - (1105)
e 2005 Securilas Security Services USA, toe