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HomeMy WebLinkAbout26- Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ronald E. Winkler,Director SUBJECT: METROLINK SECURITY SERVICE Development Department DATE: January 18,2000 Synopsis of Previous Commission/Council/Committee Action(s): --------------------- --- — -- Recommended Motion(s): (Community Development Commission) MOTION: 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 SOUTHWESTERN SECURITY FOR METROLINK SECURITY SERVICES Contact Person(s): Gary Van Osdel/R.Winkler Phone: 663-1044 Project Area(s) Mt.Vernon Ward(s): One(1) Supporting Data Attached: © Staff Report El Resolution(s)0 Agreement(s)/Contract(s)O Map(s)0 Letter/Memo FUNDING REQUIREMENTS Amount: S 60,000 Source: Tax Increment 1,7 Eco o udget Authority: Budgeted SIGNATURE: e- ted SIGNATURE: 411,Ode,Executi)pif Director d T Ronal E D irector mit Develo men A enc y Develop Zeal Depa rtment — ------ — Commissiondcouncil -------- 2`2lp - -------------------------------------------------------------- GVO:REW:Iag:01- 4-00 Metrolink COMMISSION MEETING AGENDA Meeting Date: oa� Gov Agenda Item Numb �a� ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Metrolink Security Service BACKGROUND In 1993 the Agency entered into a Cooperation Agreement with SANBAG regarding future development and maintenance of the Santa Fe Depot and surrounding area. Under terms of the agreement,the Agency assumed responsibility for the cost of security and certain maintenance items. Security services have been provided by Advanced Security a Fontana based firm. As you know,the Agency, City of San Bernardino and SANBAG are jointly participating in a study regarding revitalization of the Depot. Pending the results of that work it is recommended the Commission consider a renewal of the contract with Advanced Security. Once a restoration plan is adopted a re-evaluation of necessary security services can be made. The renewed contract with Advanced Security is retroactive to November 1, 1999 and would provide for continuing service which can be cancelled upon written 30 day notice. It would continue the existing security coverage of one officer for an average of 18.5 hours per day, Monday through Friday. The hourly rate is $9.00 per hour. FISCAL IMPACT Funds have been provided in the Agency's existing budget. RECOMMENDATION It is recommended that the Community Development Commission adopt the attached Resolution. Ronald E. inkler, Director Development Department -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:Iag:01-24-00 Metrolink COMMISSION MEETING AGENDA Meeting Date: 01/24/2000 1 Agenda Item Number: R--2 6 �� P-2-b ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ----------------------------------------------------------------------------------------------------- -------------- Metrolink Security Service BACKGROUND In 1993 the Agency entered into a Cooperation Agreement wi ANBAG regarding future development and maintenance of the Santa Fe Depot and s unding area. Under terms of the agreement,the Agency assumed responsibility for the cos f security and certain maintenance items. Security services have been provided by Advan d Security a Fontana based firm. As you know, the Agency, City of San Bernardino d SANBAG are jointly participating in a study regarding revitalization of the Depot. Pen ng the results of that work it is recommended the Commission consider a renewal of the co act with Advanced Security. Once a restoration plan is adopted a re-evaluation of necessary ecurity services can be made. The renewed contract with Advanced Security would p vide for continuing service which can be cancelled upon written 30 day notice. It would c tinue the existing security coverage of one officer for an average of 18.5 hours per day, Mon through Friday. The hourly rate is $9.00 per hour. FISCAL IMPACT Funds have been provided in a Agency's existing budget. RECOMMENDATION It is recommended tha e Community Development Commission adopt the attached Resolution. Ronald E. i kler, Director Developmen Department — ------------------------------------------------------------------------------------------------------------------------- GVO:REW:1a 01-24-00 Metrolink COMMISSION MEETING AGENDA Meeting Date: 01//24/2000 Agenda Item Number: A a(o I RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 3 THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE 4 AGENCY AND SOUTHWESTERN SECURITY FOR METROLINK SECURITY SERVICES 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Executive Director of the Redevelopment Agency ("Agency")is hereby 9 authorized and directed to execute on behalf of said Agency an Agreement for Security Services 10 at the rate of$9.00 per hour with a 30-day written notice termination clause, a copy of which is 11 attached hereto as Exhibit "A" and incorporated herein by reference in its entirety. 12 SECTION 2. The authorization to execute the above referenced Agreement is rescinded 13 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 1 of 2 01/24/00 I RESOLUTION OF THE COMMUNITY DEVELOPMENT 2 COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE 3 REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND SOUTHWESTERN 4 SECURITY FOR METROLINK SECURITY SERVICES s 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 7 Development Commission of the City of San Bernardino at a meeting 9 thereof,held on day of , 2000 by the following vote, 9 to wit: 10 11 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 12 ESTRADA LIEN 13 MCGINNIS SCHNETZ 14 SUAREZ 15 ANDERSON MILLER 16 17 Secretary 1e 19 The foregoing resolution is hereby approved this day of 2000. 20 21 Judith Valles, Chairperson Community Development Commission 22 Of the City of San Bernardino 23 24 Approved as to form and Legal Content: Agency Counsel 2s 26 27 By 28 d�( Page 2 of 2 01/24/00 ADVANCED SECURITY 24-HOUR SERVICE a LIC. #PP012783 a (909)357-9407 a Fox: (909)429-2095 CONTRACT AGREEMENT DATED AS OF November 1, 1999 , BETWEEN ADVANCED SECORITY, HEREINAFTER REFERRED TOM COMPANY, AND City of San Bernardino EDA , HERSTNAFTER REPERRED TO AS CLIENT. BILLING ADDRESS: �' #: SITB ADDRESS: 201 N. "E" Street,Suite 301 . 1170 Third Street erB nar�ino—C�2 0�7 San Bernardino, CA CLIENT'S OFFICE a: EM". PHONE SL: (BE 5 P.N.) Mike Trout sMHR.R. P PHONE az: (909) 663-1044 WE NAME: EMER. PHONE ;3: Client desires to have Advanced furnish Client with gniformed Security Personnel with Such equipment as shall be mutually agreed upon by Client, and an the terms and conditions in this agreement. Accordingly, Client and Advanced mutually agree to the following: PERSONNEL and/or EODIPNENT: im! 1. Security Guard $9 00/hr z. 3. e. S. 6. reys or Code Card Needed? (YIN) _ Labor Release Needed? (YIN) CONSTRUCTION Sm nIPORMATI Y: Who Financed? N A Address: Construction Lender: N/A Address: Report Sheets Left? N/A COURT TIME: As needed for Deposition(-) or actual Court Time/Subpoena, etc., there will be a charge of four (4) hours minimum at 913-30 Par hour Isle Meed. HOLIDAYS: Any and all legal holidays worked are at time and one-half (1.5) the regular rate per hour. BILLING ALL ACCOUNTS AM BILLED IN ADVANCE. (Patrol once per month/Standing Guard twice per month.) For first billing Advanced will allow thirty 130) days from date of imwice for amount to be paid in full: unless prior arrangements are made and in full agreement with 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 (10a) service charge which will be added to the account balance invoice amount. Any invoice not paid within ten (10) days can be cause for immediate cancellation of services for 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 addition to all other accounts to which it is entitled, all court costs, including attorney's fees. NOTg: Liquidated Damages: The failure of the client to pay any invoice on or before the due d loss results in damages to Advanced as a result of loss of interest, loss of working capital, 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 fail. to pay, in full, any invoice within ten (10) day. 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. i EXHIBIT "A" 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 indemnify,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. EXHIBIT "A" 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 of Insurance 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 hereinunder, 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: TITLE: DATE: SIGNED: TITLE: OGU/1 e�Z DATE: i i J EXEiIBIT A I