HomeMy WebLinkAbout2017-1661.
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RESOLUTION NO. 2017-166
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO
AGREEMENT WITH CAPITAL PROTECTION, INC. FOR SECURITY SERVICES FOR
THE THEATER SQUARE SITE, AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, on January 4, 2012, on behalf of the City and its former redevelopment
I agency, the San Bernardino Economic Development Corporation entered into that certain lease
with Regal Cinemas, Inc. (the "Regal") for a multiple -auditorium motion picture theater
building located within the Theater Square Site, at 450 N. "E" Street, San Bernardino (as portion
of APN 0134-121-27) (the "Regal Lease"); and
WHEREAS, Consistent with the direction of the California Department of Finance, on
I August 16, 2016, title to the 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 Successor Agency to the
Redevelopment Agency of the City of San Bernardino to the City and the City is now the
Landlord pursuant to the Regal Lease (hereinafter, "Landlord" means "City"); and
WHEREAS, pursuant to Section 9.02 (a) (7) of the Regal Lease, the Landlord is
responsible for providing security within the Common Areas, as defined within Section 1.03 (a)
of the Lease (including without limitation the Parking Retention Areas), as Landlord deems
reasonably necessary for a first-class entertainment and retail center, including providing visible
security personnel patrolling in the open-air areas until the Theater is closed each night (the
"Security Services"); and
WHEREAS, Regal is responsible for providing security services within the motion
picture theater building and has throughout the term of the Lease acquired its security services
from Capital Protection, Inc. (the "Capital Protection"); and
WHEREAS, Regal obtains security services from Capital Protection for several of its
Southern California motion picture theater buildings and has negotiated a competitive and
commercially advantageous price for such services; and
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WHEREAS, for a multitude of reasons, not least of which is effective coordination of
services, it is beneficial for the City and Regal to obtain security services from the same service
provider for adjacent security service areas; and
WHEREAS, throughout the term of the Regal Lease, both City and Regal have
acquired security services from Capital Protection for their respective adjacent security service
areas; and
WHEREAS, Capital Protection offers its services to the City at the same price it charges
Regal; and
WHEREAS, City and Capital Protection previously entered into an original Agreement
for Security Services dated June 29, 2012 (the "Agreement") related to providing security
services for the Theater Square Site and amended said Agreement on January 20, 2015 (the
"First Amendment"); and
WHEREAS, pursuant to the First Amendment, the Term of the Agreement expired on
July 1, 2017; and
WHEREAS, throughout the term of the Agreement and First Amendment, Capital
Protection has provided security services in a professional and satisfactory manner; and
WHEREAS, the purpose of the Second Amendment, a copy of which is attached hereto
as Exhibit "A", is to extend the term of the Agreement by three (3) years to July 1, 2020 (the
"Extended Term") and to provide for periodic adjustments with respect to Capital Protection's
compensation rates consistent with the rates paid by Regal and to conform with applicable
California Law; and
WHEREAS, Capital Protection is willing to continue to provide security services with
respect to the Theater Square Site consistent with this Second Amendment within the Common
Areas, as more particularly described the Regal Lease; and
WHEREAS, Capital Protection's compensation during the Extended Term is described
within the "Schedule of Compensation", which is included within the Second Amendment; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
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of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines'), and the City's
environmental guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
term is defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy
and procedure making and organizational or administrative activity that will not result in a direct or
indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA Guidelines;
and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
Section 2. The Second Amendment, attached hereto as Exhibit "A", is hereby approved.
Section 3. The City Manager, or her designee, is authorized and directed to execute the
Second Amendment and to take such other actions and execute such other documents as are
necessary to fulfill the intent of this Resolution
Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is
defined by Guidelines § 15378, because this Resolution is an organizational or administrative
activity that will not result in a direct or indirect physical change in the environment, per § 15378
(b) (5) of the Guidelines.
Section 5. This resolution shall take effect upon its adoption and execution in the
manner as required by the City's Municipal Code.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO
AGREEMENT WITH CAPITAL PROTECTION, INC. FOR SECURITY SERVICES FOR
THE THEATER SQUARE SITE, AND APPROVING CERTAIN RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16th day
of August 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X(S)
VALDIVIA X
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X
ABSTAIN ABSENT
X
Georgear Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 16th day of August 2017.
R. Carey Da,,",,
Mayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
By.
rd
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Second Amendment to
Agreement for Security Services
for the Theater Square Site
(see attachment)
5
EXHIBIT "A"
SECOND AMENDMENT TO
AGREEMENT FOR SECURITY SERVICES
FOR THE THEATER SQUARE SITE
THIS SECOND AMENDMENT TO AGREEMENT FOR SECURITY SERVICES FOR THE
THEATER SQUARE (the "Second Amendment") is made as of the 16th day of August 2017, by and between the City
of San Bernardino, a municipal corporation ("City") and Capital Protection, Inc., a California corporation ("Vendor").
Collectively, the City and Vendor are referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, on January 4, 2012, on behalf of the City and its former redevelopment agency, the San
Bernardino Economic Development Corporation entered into that certain lease with Regal Cinemas, Inc. (the "Regal")
for a multiple -auditorium motion picture theater building located within the Theater Square Site, at 450 N. "E" Street,
San Bernardino (as portion of APN 0134-121-27) (the "Regal Lease"); and
WHEREAS, On August 16, 2016, title to the 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 Successor Agency to the
Redevelopment Agency of the City of San Bernardino to the City and the City is now the Landlord pursuant to the
Regal Lease (hereinafter, "Landlord" means "City"); and
WHEREAS, pursuant to Section 9.02 (a) (7) of the Regal Lease, the Landlord is responsible for providing
security within the Common Areas, as defined within Section 1.03 (a) of the Lease (including without limitation the
Parking Retention Areas) as Landlord deems reasonably necessary for a first-class entertainment and retail center,
including providing visible security personnel patrolling in the open-air areas until the Theater is closed each night (the
"Security Services"); and
WHEREAS, Regal is responsible for providing security services within their leased premises and has
throughout the term of the Lease acquired its security services from Capital Protection, Inc.; and
WHEREAS, Regal obtains security services from Capital Protection, Inc. for several of its Southern
California motion picture theater buildings and has negotiated a competitive and commercially advantageous price for
such services; and
WHEREAS, for a multitude of reasons, not least of which is effective coordination of services, it is
beneficial for the City and Regal to obtain security services from the same service provider for adjacent service areas;
and
WHEREAS, throughout the term of the Regal Lease, both City and Regal have acquired security services
from Capital Protection, Inc. for their respective adjacent security service areas; and
WHEREAS, Capital Protection, Inc. offers its services to the City at the same price it charges Regal; and
WHEREAS, City and Vendor previously entered into an original Agreement for Security Services dated
June 29, 2012 (the "Agreement") related to providing security services for the Theater Square Site and amended said
Agreement on January 20, 2015 (the "First Amendment"); and
WHEREAS, pursuant to the First Amendment, the Term of the Agreement expired on July 1, 2017; and
WHEREAS, the purpose of the Second Amendment is to extend the Term of the Agreement by three (3)
years through June 30, 2020 (the "Extended Term") and to provide for periodic adjustments with respect to Vendor's
compensation rates consistent with the rates paid by Regal and to conform with applicable California Law; and
-1-
WHEREAS, Vendor is willing to continue to provide security services with respect to the Theater Square
Site consistent with this Second Amendment within the Common Areas, as more particularly described in the Regal
Lease; and
WHEREAS, Vendor's compensation during the Extended Term is described within the "Schedule of
Compensation", which is attached hereto as Exhibit "A" to this Second Amendment; and
WHEREAS, it now becomes necessary to amend said Agreement and the Parties are desirous of such
amendment.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the
Agreement as follows:
1. Section 2.1, Compensation, is amended by adding the following language at the end of the paragraph:
"For Vendor's acceptable performance of the services provided for herein, Vendor will be compensated during
the period of July 1, 2017 through June 30, 2020 in accordance with the rate of compensation set forth in the
Schedule of Compensation, as more particularly described in Exhibit "A" to the Second Amendment."
2. Section 4.1, Term and Termination, is amended by replacing the last sentence at the end of the paragraph with
the following language:
"Notwithstanding the foregoing, unless this Agreement is terminated or extended, Vendor's services hereunder
shall be extended through June 30, 2020."
3. All remaining provisions of the Agreement shall remain the same.
IN WITNESS WHEREOF, the City and Vendor have approved this Second Amendment effective the
day and year first above written.
CITY:
VENDOR:
City of San Bernardino Capital Protection, Inc.
By: By: 1
Andrea M. Miller Dan Santana .
City Manager Chief Executive Officer
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
-2-
EXHIBIT "A"
SCHEDULE OF COMPENSATION
SECURITY SERVICES
Throughout the Term, Vendor's rates pursuant to the Agreement shall be identical to the rates that Vendor charges to
Regal Cinemas. Vendor's rates are state below. Vendor's billable rates are all inclusive, i.e., there shall be no charge
for any equipment or supplies needed to perform services pursuant to the Agreement, except for the cost for phone
monitoring software, as noted herein.
VENDOR'S BILLABLE RATES
DESCRIPTION
Armed Officer
Armed Officer
Armed Officer
Armed Officer
Overtime (unscheduled)
Holiday*
*Holidays observed:
• New Year's Day
• Christmas Day
• Thanksgiving Day
• Memorial Day
• Labor Day
• Independence Day
RATE
$20.10 per hour (effective 7/1/17)
$21.10 per hour (effective 1/1/18)
$23.10 per hour (effective 1/1/19)
$25.10 per hour (effective 1/1/20)
1.5 x hourly rate
1.5 x hourly rate
VENDOR'S PHONE MONITORING SOFTWARE RATES
Vendor shall be reimbursed for the cost of its phone monitoring software at the monthly rate of $45.00. Such cost
shall be separately stated on Vendor's monthly invoice for services rendered pursuant to the Agreement for Security
Services.
VENDOR'S ESTIMATED BUDGET BY FISCAL YEAR PERIOD
Vendor's estimated budget by Fiscal Year Period, is as follows:
FISCAL YEAR PERIOD BUDGET
FY 2017-18 (July 2017 -- June 2018) $123,000
FY 2018-19 (July 2018 -- June 2019) $132,000
FY 2019-20 (July 2019 -- June 2020) $144,000
Notwithstanding the foregoing, Vendor's services are provided on an actual time and cost basis consistent with the
Vendor's billable rates and phone monitoring software costs. The estimated fiscal year budget estimates are included
above for planning purposes only. In addition, 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 requests for additional
services, which will require appropriate amendments to the applicable purchase order. The Parties agree to make
reasonable accommodations for such circumstances.
-3-
BILLING AND PAYMENT PERIODS
Vendor's billing period shall be in seven (7) days per increments. Invoices are, due and payable 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.
in