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RESOLUTION NO. 2006-408
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT
NO. ONE TO THE SECURITAS SECURITY SERVICES USA, INe. AGREEMENT,
DATED NOVEMBER 6, 2006, FOR SECURITY GUARD SERVICES AT THE SAN
BERNARDINO METROLINK STATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 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rescinded if not executed within 60 days of the passage of this resolution.
.."
2006-408
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO
ONE TO THE SECURITAS SECURITY SERVICES USA, INC. AGREEMENT, DATE
NOVEMBER 6, 2006, FOR SECURITY GUARD SERVICES AT THE SA
BERNARDINO METROLINK STATION
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular meeting thereof,
held on the 20th day of November ,2006, by the following vote, to wit:
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9 Council Members:
10 ESTRADA
11 BAXTER
12 VACANT
13 DERRY
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KELLEY
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JOHNSON
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McCAMMACK
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AYES
NAYS
ABSTAIN
ABSENT
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Bo~.h-~
City erk
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The foregoing resolution is hereby approved this 21st day of November ,2006.
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. Morris,
San Bernardino
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Approved as to form:
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Exhibit A
AMENDMENT No. ONE
.
AMENDMENT
Modifying Agreement for Services
Between
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 suij) 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 fault
(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 profrts 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.
Client
By:
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/1- r21-~~
Securijas Security Services USA, Inc.
" Jl "~k.:r-
Date: IJ/9"~.G.
Date:
Approved as to Form:
James F. Penman,
City Attorney
1.(
Standard Amendment - Client Agreement - (1/05)
C 2005 Securitas Security Services USA, Inc.