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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: ftso .,.200& - yO? Agenda Item No. _ /J (J, ?J 5' I / II J-D I Ofo 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 t . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 'I I 11 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. '1?o. ~O 1(/zLJ;6~ I II 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 4 5 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, - - held on the day of , 2006, by the following vote, to wit: 6 7 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA II BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 I JOHNSON . McCAMMACK 17 18 19 City Clerk 20 21 The foregoing resolution is hereby approved this day of ,2006. 22 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 26 Approved as to form: 27 28 .' . . . Exhibit A AMENDMENT No" ONE . 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 ~ I BY./;;111L.. (/ ./ " _2 .- I '; i~ 2-1.-1.,....',::...._- Standard Amendment - Client Agreement - (1105) e 2005 Securilas Security Services USA, toe