HomeMy WebLinkAbout05.M- Successor Agency 5.M
RESOLUTION (ID # 3648) DOC ID: 3648 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Lisa Connor M/CC Meeting Date: 01/20/2015
Prepared by: Lisa Connor, (909) 663-
1044
Dept: Successor Agency Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino and the
Mayor and Common Council of the City of San Bernardino Acting as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino Approving the First
Amendment to Agreement for Security Services for Theater Square and Approving
Certain Related Actions. (#3648)
Current Business Registration Certificate: No
Financial Impact:
In consideration of the foregoing, it is necessary that the Successor Agency become a
Party to the Agreement so that it may pay for the Vendor's services with resources
authorized by a ROPS. With the addition of the Successor Agency as a Party to the
Agreement, the City will no longer be financially responsible for the payment of Vendor's
services pursuant to the Agreement.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
Pursuant to Health and Safety Code ("HSC") § 34172 (a)(1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent
with the provisions of the HSC, the Mayor and Common Council of the City of San
Bernardino previously elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino ("Successor Agency"). The
Oversight Board for the Successor Agency ("Oversight Board") has been established
pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment
agency.
Per HSC § 34177 (1)(1), the Successor Agency is required to prepare a Recognized
Obligation Payment Schedule ("ROPS") before each six-month fiscal period, which
corresponds to equal halves of a fiscal year (i.e., July through December and January
through June). A ROPS is the basis for the Successor Agency's authority to make
payments due for enforceable obligations ("EOs"). Each ROPS must also be approved
by the Oversight Board and is reviewable by the County Auditor-Controller, the County
Administrative Officer, the California Department of Finance ("DOF") and the California
Updated: 1/13/2015 by Georgeann "Gigi" Hanna B I Packet Pg. 553
5.M
3648
State Controller's Office. Pursuant to the foregoing, an Oversight Board-approved
ROPS has been submitted to DOF for seven (7) ROPS periods covering the period of
January 1, 2012 through June 30, 2015. The Successor Agency's ROPS have included
property maintenance services, which are inclusive of security guard services that have
been and continue to be authorized by DOF.
The City of San Bernardino ("City") and Capital Protection, Inc. ("Vendor") previously
entered into an original Agreement for Security Services dated June 29, 2012
("Agreement"). The Term of the Agreement is indefinite and ongoing and includes a
termination provision of not less than seven (7) days. The Agreement's scope of
services included security guard services for the Theater Square Common Area, as
more particularly defined in Section 1.03 (b) of that certain Lease by and between the
San Bernardino Economic Development Corporation ("SBEDC"), as Landlord, and
Regal Cinemas, Inc., as Tenant ("Regal Lease").
On December 3 and 9, 2014, title to the entire "Theater Square Site" (i.e., APNs 0134-
101-09 & 10, 0134-121-25 & 27 and 0134-134-28, 29, & 35 through 37) was transferred
from the SBEDC to the Successor Agency. As the property owner, the Successor
Agency is responsible for property maintenance related costs associated with its real
property assets, inclusive of the Theater Square Site, which without limitation includes
security guard services.
Vendor is willing to continue to provide security guard services with respect to the
Theater Square Site consistent with the First Amendment to Agreement for Security
Services for Theater Square ("First Amendment"), which is included as attachment No.
1 to the attached Resolution, within the physical area that is more particularly described
in the Regal Lease. Vendor's services are described within the "Scope of Services",
which is included as Exhibit "A" to the First Amendment. Vendor's compensation is
described within the "Schedule of Compensation", which is included as Exhibit "B" to the
First Amendment.
FISCAL IMPACT:
In consideration of the foregoing, it is necessary that the Successor Agency become a
Party to the Agreement so that it may pay for the Vendor's services with resources
authorized by a ROPS. With the addition of the Successor Agency as a Party to the
Agreement, the City will no longer be financially responsible for the payment of Vendor's
services pursuant to the Agreement.
City Attorney Review:
t Supporting Documents:
Resolution Approving Capital Protection First Amendment V1 1 (DOC)
agrmt 3648 (PDF)
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Packet Pg. 554
Updated: 1/13/2015 by Georgeann "Gigi" Hanna B
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AND THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO ACTING AS SUCCESSOR AGENCY TO THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR E
5 SECURITY SERVICES FOR THEATER SQUARE AND APPROVING
CERTAIN RELATED ACTIONS E
6 ,
WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the o
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Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and o
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WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council ra
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3 of the City of San Bernardino previously elected to serve in the capacity of the Successor Agency to v
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11 the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and co
WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board") has
12
been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved
13
redevelopment agency; and -Ea
14
WHEREAS, per HSC § 34177 (1)(1), the Successor Agency is required to prepare a Q
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Recognized Obligation Payment Schedule (a "ROPS") before each six-month fiscal period, which `-
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corresponds to equal halves of a fiscal year (i.e., July through December and January through June); •2
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and o
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WHEREAS, a ROPS is the basis for the Successor Agency's authority to make payments
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due for enforceable obligations (the "BOs"); and v
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WHEREAS, each ROPS must also be approved by the Oversight Board and is reviewable 'o
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22 by the County Auditor-Controller, the County Administrative Officer, the California Department of
Finance (the "DOF") and the California State Controller's Office; and
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24 WHEREAS, pursuant to the foregoing, an Oversight Board-approved ROPS has been
a submitted to DOF for seven (7) ROPS periods covering the period of January 1, 2012 through June =
25 E
30, 2015; and
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WHEREAS, the Successor Agency's ROPS have included property maintenance services, a
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which are inclusive of security guard services that have been and continue to be authorized by DOF;
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and
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1 Packet;Pg.555
I WHEREAS, the City of San Bernardino (the "City") and Capital Protection, Inc. (the
2 "Vendor") previously entered into an original Agreement for Security Services dated June 29, 2012
3 (the "Agreement"); and r
4 WHEREAS, the Term of the Agreement is indefinite and ongoing and includes a
5 termination provision of not less than seven (7) days; and
6 WHEREAS, the Agreement's scope of services included security guard services for the a
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7 Theater Square Common Area, as more particularly defined in Section 1.03 (b) of that certain Lease
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8 by and between the San Bernardino Economic Development Corporation (the "SBEDC"), as a
9 Landlord, and Regal Cinemas, Inc., as Tenant (the "Regal Lease"); and a
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10 WHEREAS, on December 3 and 9, 2014, title to the entire "Theater Square Site" (i.e.,
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11 APNs 0134-101-09 & 10, 0134-121-25 & 27 and 0134-134-28, 29, & 35 through 37) was M
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12 transferred from the SBEDC to the Successor Agency; and
13 WHEREAS, as the property owner, the Successor Agency is responsible for property
14 maintenance related costs associated with its real property assets, inclusive of the Theater Square
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15 Site, which without limitation includes security guard services; and
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16 WHEREAS, in consideration of the foregoing, it is necessary that the Successor Agency =
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17 become a Party to the Agreement so that it may pay for the Vendor's services with resources
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18 authorized by a ROPS; and `a
19 WHEREAS, with the addition of the Successor Agency as a Party to the Agreement, the C
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20 City will no longer be financially responsible for the payment of Vendor's services pursuant to the c
21 Agreement; and Q.
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22 WHEREAS, Vendor is willing to continue to provide security guard services with respect o
23 to the Theater Square Site consistent with the First Amendment to Agreement for Security Services o
24 for Theater Square (the "First Amendment"), which is attached to this Resolution as Attachment No.
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25 1, within the physical area that is more particularly described in the Regal Lease; and E
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26 WHEREAS, Vendor's services are described within the "Scope of Services", which is
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27 included as Exhibit"A"to the attached First Amendment; and
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1 WHEREAS, Vendor's compensation is described within the "Schedule of Compensation",
2 which is included as Exhibit`B"to the attached First Amendment; and
3 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
4 been met. _
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5 NOW, THEREFORE, be it resolved by the Successor Agency to the Redevelopment
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6 Agency of the City of San Bernardino, as follows: a
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7 Section 1. The foregoing recitals are true and correct and are a substantive part of this
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8 Resolution.
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9 Section 2. The City Manager is hereby authorized to execute the First Amendment to a
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10 Agreement for Security Services for Theater Square, which is attached to this Resolution as
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11 Attachment No. 1.. M
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12 Section 3. The City Manager, as Executive Director of the Successor Agency, or
13 designee, is hereby authorized and directed to implement the First Amendment to Agreement for
14 Security Services for Theater Square and to take such necessary actions and execute such documents
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15 as are necessary to effectuate the intent of this Resolution. N
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16 Section 4. This Resolution shall take effect upon its adoption and execution in the =
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17 manner as required by the City Charter. U
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AND THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO ACTING AS SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR
4 SECURITY SERVICES FOR THEATER SQUARE AND APPROVING
CERTAIN RELATED ACTIONS E
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor Agency Q
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to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held on the 20th o
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day of January, 2015, by the following vote, to wit: 0
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9 Council Members Ayes Nays Abstain Absent Q
10 MARQUEZ v
11 BARRIOS M
12 VALDIVIA r
13 SHORETT
NICKEL
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JOHNSON E
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MULVIHILL i
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Georgeann Hanna, City Clerk a
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19 The foregoing Resolution is hereby approved this 201h day of January, 2015. C
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22 R. Carey Davis, Chairman
Successor Agency to the 0
23 Redevelopment Agency of the c
City of San Bernardino a
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Approved as to Form:
Gary D. Saenz, City Attorney
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By:
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4 Packet Pg. 558
1 Attachment No. 1
2
3 FIRST AMENDMENT TO
AGREEMENT FOR SECURITY SERVICES �*
4 FOR THEATER SQUARE
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5 (See Attachment)
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FIRST AMENDMENT TO
1 AGREEMENT FOR SECURITY SERVICES
FOR THEATER SQUARE
3 THIS FIRST AMENDMENT TO AGREEMENT FOR SECURITY SERVICES FOR
THEATER SQUARE (the "First Amendment") is made as of the 20th day of January 2015,
4 by and between the City of San Bernardino, a municipal corporation ("City"), the
5 Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public
body corporate and politic ("Successor Agency"), and Capital Protection, Inc., a California
6 corporation ("Vendor"). Collectively, City, Successor Agency and Vendor are referred to
herein as the "Parties" and individually as a "Party".
7
8 WITNESSETH THAT:
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9 WHEREAS, City and Vendor previously entered into an original Agreement for
Security Services dated June 29, 2012 (the "Agreement"); and Q
10
WHEREAS, The Term of the Agreement is indefinite and ongoing and includes a o
11 termination provision of not less than seven (7) days; and
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WHEREAS, the Agreement's scope of services included security guard services a
13 for the Theater Square Common Area, as more particularly defined in Section 1.03 (b) of
that certain Lease by and between the San Bernardino Economic Development
14 Corporation (the "SBEDC"), as Landlord, and Regal Cinemas, Inc., as Tenant (the "Regal
15
Lease"); and M
16 WHEREAS, On December 3 and 9, 2014, title to the entire "Theater Square Site" 1
(i.e., APNs 0134-101-09 & 10, 0134-121-25 & 27 and 0134-134-28, 29, & 35 through 37)
17 was transferred from the SBEDC to the Successor Agency; and E
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18 WHEREAS, As the property owner, the Successor Agency is responsible for
19 property maintenance related costs associated with its real property assets, inclusive of
the Theater Square Site, which without limitation includes security guard services; and
20
WHEREAS, The Successor Agency is only able to meet its financial obligations to a
21 the extent that such obligations are included within a Recognized Obligation Payment
Schedule (a "ROPS"), which is a six-month budget, that requires approval by the
22 California Department of Finance (the "DOF") to be effective; and
23
WHEREAS, The Successor Agency's ROPS have included property maintenance
24 services, which are inclusive of security guard services that have been and continue to be
authorized by DOF; and
25
26 WHEREAS, In consideration of the foregoing, it is necessary that the Successor
27
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Packet Pg. 560
S.M.b
1 Agency become a Party to the Agreement so that it may pay for the Vendor's services
with resources authorized by a ROPS; and
WHEREAS, With the addition of the Successor Agency as a Party to the
3 Agreement, the City will no longer be financially responsible for the payment of Vendor's
4 services pursuant to the Agreement; and
WHEREAS, Vendor is willing to continue to provide security guard services with
J respect to the Theater Square Site consistent with this First Amendment within the
6 physical area that is more particularly described the Regal Lease; and
7 WHEREAS, Vendor's services hereunder are described within the "Scope o1
8 Services", which is attached hereto as Exhibit "A" to this First Amendment; and
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9 WHEREAS, Vendor's compensation is described within the "Schedule of
Compensation", which is attached hereto as Exhibit "B" to this First Amendment; and �E
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WHEREAS, it now becomes necessary to amend said Agreement and the Parties o
11 are desirous of such amendment. 0
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NOW, THEREFORE, in consideration of the mutual undertakings herein, the
13 Parties amend the Agreement as follows:
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14 1. Section 1.1, Scope of Services, is amended by adding the following language co
15 at the end of the paragraph: M
16 "Notwithstanding the foregoing, for services provided by Vendor on or after
January 1, 2015, Vendor shall provide services consistent with the amended
17 Scope of Services, as more particularly described in Exhibit "A" to this First
Amendment."
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19 2. Section 2.1, Compensation, is amended in its entirety, as follows: E
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20 "For Vendor's acceptable performance of the services provided pursuant to this M
Agreement, Vendor will be compensated in accordance with the rate of a
21 compensation set forth in the Schedule of Compensation, as more particularly
described in Exhibit "B" to this First Amendment. Further, the overall costs of
22 Vendor's services shall be governed by the financial limits defined within
23 approved purchase orders consistent with the Schedule of Compensation.
The Successor Agency may issue its purchase orders with respect to Vendor's
24 services hereunder for periods of time that correspond to a ROPS period or for
25 any other period of time, at the sole discretion of the Successor Agency."
Z6 3. Section 4.1, Term and Termination, is amended by adding the following
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Packet Pg. 561
language at the end of the paragraph:
1
2 "Notwithstanding the foregoing, unless this Agreement is terminated or
extended, Vendor's services hereunder shall terminate on July 1, 2017."
3
4 4. All remaining provisions of the Agreement shall remain the same.
5 IN WITNESS WHEREOF, the City, Successor Agency and Vendor have approved
this First Amendment effective the day and year first above written.
6
CITY/SUCCESSOR AGENCY: VENDOR:
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8 City of San Bernardino/ Capital Protection, Inc.
Successor Agency to the E
g Redevelopment Agency of the C
City of San Bernardino a
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11 By: By:
12 Allen J. Parker Name: o
City Manager/ Title: a
13 Executive Director r
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14 ATTEST:
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16 By:
Georgeann Hanna M
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17 City Clerk E
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18 APPROVED AS TO FORM:
19 Gary D. Saenz, City Attorney E
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EXHIBIT "A"
1 SCOPE OF SERVICES
2 SECURITY SERVICES
3 STANDING OFFICER SERVICES PROVIDE
Uniformed armed officer(s) stationed at the Theater Square Site will:
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• Conduct foot patrols of the area and will be in direct communications with our dispatch facility or
5 supervisor on duty.
6 • Immediate intervention and notification of proper authorities during emergency situations.
• Securing and locking of the facilities doors and gates upon request *k
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• Property parking control and enforcement,which includes issuing parking citations and conductin€ -Ea
9 tows as directed by your policies and procedures.
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10 BACKGROUND INVESTIGATION Q
Vendor performs a complete background investigation on all prospective employees which includes the c
11 following:
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Federal, state and local law enforcement agency checks a
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• Prior employment history
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• Complete reference check
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• DMV driving report(if applicable)
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• Military service records(if applicable)
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• Drug screen and physical exam
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19 CONTINGENCIES
Vendor is adequately staffed to cover for"no shows" and to provide back-up for emergencies and requests 5
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20 for additional staffing.
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21 PUBLIC RELATIONS
Vendor will provide officers at the Theater Square Site who have demonstrated excellent public relation
22 skills that will treat the public in a courteous professional manner,using tact and restraint at all times. Any
officer that does not maintain these high standards will be replaced immediately.
23
SUPERVISION
24
All Vendor supervisors are qualified officers who have been trained and certified through California
25 Bureau of Security and Investigative Services("BSIS")in one or more of the following categories:
26 « Supervision of Security Personnel
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1 • Case and Liability Law for Security Officers
2 • Chemical Agents
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• Weaponless Defense
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• Report Writing
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• Tactical Communications and Guest Relations
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7 REPORTING
8 Vendor will provide all materials needed for complete and accurate reports. The reports that can be
provided are: E
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• Daily Activity Report E
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• Incident Reports
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• Weekly Payroll Verification o
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• Inspection and Deficiencies Report 'o
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14 VENDOR'S REGULAR SCHEDULE v
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15 DAYS SHIFT HOURS OFFICERS PER SHIFT M
16 Saturday-Thursday 11:00am to 6:00pm I
6:00pm to 2:00am 1 M
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Friday 11:00am to 6:00pm I
18 6:00pm to 2:00am 2
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19 The regular schedule is subject to variance and change, if request by City/Successor Agency.
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EXHIBIT "B"
1 SCHEDULE OF COMPENSATION
2 SECURITY SERVICES
3 Throughout the Term, Vendor's rates pursuant to the Agreement shall be identical to the rates that Vendor
charges to Regal Cinemas. Consistent with California law, minimum wage rates have increase(
4 effective July 1, 2014 and will increase again effective January 1, 2016. Therefore, Vendor's rate:
will increase $0.55 per billable hour effective January 1, 2016, as noted below. Vendor's billable
5 rates are all inclusive, i.e.,there shall be no charge for any equipment or supplies needed to perforrr
6 services pursuant to the Agreement.
7 VENDOR'S BILLABLE RATES
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Descri tion Rate E
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9 Armed $18.55 per hour(I/l/15-.12/31/15)
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Armed $19.10 per hour effective 1/1/16
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11 Over-time(unscheduled) 1.5 x rate per hour d
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12 *Holiday 1.5 x rate per hour n,
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14 *Holidays observed:
• New Year's Day
15 . Christmas Day
16 • Thanksgiving Day 00
• Memorial Day M
1 • Labor Day
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• Independence Day R
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Vendor's estimated budget by ROPS Period, is as follows:
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ROPS PERIOD BUDGET �U�,
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21 ROPS 14-15B (Jan.--June 2015) $55,000.00
ROPS 15-16A(Jul.—Dec. 2015) $55,000.00
22 ROPS 15-16B (Jan.—June 2016) $57,000.00
ROPS 16-17A(Jul.—Dec.2016) $57,000.00
23 RODS 16-17B (Jan.—June 2017) $57,000.00
24 Although the estimated budget includes an allocation of over-time pay for holidays, it does not include
additional costs for services rendered pursuant to City's/Successor Agency's requests for additional
25 services,which will require appropriate amendments to the applicable purchase order.
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1 BILLING AND PAYMENT PERIODS
2
Vendor's billing period shall be in seven (7)days per increments. Invoices are, due and payable
3 within thirty (30) days of the billing date and will be substantiated (verified) by sign-in sheets.
Bills past due over 30 days are subject to a service fee charge up to 10% of the past due bill.
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Packet Pg. 566
Rebuttal against the 2015-2020 San Bernardino Consolidated Plan
Honorable Mayor and Members of the Council,
Rather than expanding quality middle income housing which would increase our tax
revenue and help our city financially, San Bernardino continues to expand the low cost
housing stock and associated social programs. The city already has the largest number per
capita of low cost housing in Southern California.
Decades of flawed low cost housing policies have caused a tremendous social and economic
decline in San Bernardino and the results speak for themselves. The city is bankrupt and
has been the poorest and one of the state's most dangerous cities in California! Since
January 2006 the number of people relying on public aid has increased 77% to 115,450 or
54.3% of the city's residents! San Bernardino's public aid population is 65% larger than
all the people in Redlands!
Successful cities are safe, have good governance, a large successful middle income
population and a prosperous business community. They have an educated and skilled
workforce, plenty of job opportunities, a large stock of first class, middle income housing
and a good quality of life. San Bernardino has none of those qualities!
It is absolutely imperative that the city makes it a priority to develop new safe
neighborhoods with attractive quality housing in order to entice middle income residents
from other cities to make San Bernardino their home town. Every day, between 15 and
20,000 County employees work in San Bernardino but the vast majority lives outside the
city. Imagine being able to attract those people to live in a safe and prosperous San
Bernardino! Over time, a substantially higher number of middle income residents would
boost the city's economy as it would attract quality businesses, increase the tax revenue,
create jobs, lower the poverty rate, increase the number of high school graduates , lower
the crime rate and increase the quality of life for everyone in our city!
The choice is clear!
Hans Vandertouw
1200 E.40"' Street �d
San Bernardino, CA 92404
909-289-2644
hvandertouw @charter.net