HomeMy WebLinkAbout20-Facilities Management
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
James Sharer, Director
Dept:
Facilities Management
Subject:
Resolution authorizing the execution of a
Contract and issuance of an Annual Purchase
Order with three one-year renewal options to
Securitas Security Services USA, Inc. for
security guard services at the San Bernardino
Metrolink Station.
Date:
5/26/09
MICC Meeting Date:
June 15,2009
Synopsis of Previous Council Action:
ORIGINAL
I I -06-06 Resolution authorizing the execution of a contract and issuance of an Annual Purchase Order
With two one-year renewal options to Seeuritas Security Services USA, Inc. for security
guard services at the San Bernardino Metrolink Station
Recommended Motion:
Adopt Resolution.
Contact person:
James Sharer
Supporting data attacbed:
Staff Report, Resolution
Ward(s):
FUNDING REQUIREMENTS:
Amount:
$98,900
001-325-5507
Source: :
Barbara Pachon
Director of Finance
Council Notes:
IdSi:J 2CXJ9-/19
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the execution of a contract and issuance of an annual Purchase Order with
three one-year options to Securitas Security Services USA, Inc. 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, see Exhibit I.
Securitas Security Services USA, Inc. is the current security guard contractor for the City. If
approved by the Mayor and Common Council, this Resolution will authorize a Negotiated
Purchase, which is allowed under Municipal Code Section 3.04.010 (B) (3).
Securitas Security Services USA, Inc. has provided security guard services to the City's
Metrolink Station for the Facilities Management Department for the past 3 years. They have
been willing to work with the City during the current budget situation, and have agreed to
provide services for the coming year at the current year's rate. Staff recommends that Securitas
Security Services USA, Inc. be issued a Purchase Order for security guard services at the City's
Metrolink Station with three, one-year renewal options for the base year amount of $98,875.40
plus the CPI rate of inflation to cover cost increases in future years.
FINANCIAL IMPACT
The $98,900 cost for security services is included in the Facilities Management general fund
budget for FY 09/10, account number 001-325-5507.
RECOMMENDATION
Adopt Resolution.
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
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TO:
Mayor and Common Council
FROM:
Tony Frossard, Facilities Management
DATE:
6/10/09
SUBJECT: Justification for Negotiated Purchase, Securitas Security Services USA, Inc.
City provides security guard services at this location as part of an agreement with SAN BAG 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.
Securitas Security Services USA, Inc. is the current security guard contractor for the City. They were
originally contracted after contacting County of San Bernardino; after the previous low bidder could
not meet his commitment of have a guard on site six days per week, eighteen and a half hours per
day.
Securitas Security Services USA, Inc. has provided security guard services to the City's Metrolink
Station for the Facilities Management Department for the past 3 years. They have been willing to
work with the City during the current budget situation, and have agreed to provide services for the
coming year at the current year's rate.
The formal bid pro~ was not used because the City needs a company with the depth of staff to bee;
to have a guard . station for the time required without exception, for the safety of the public.
Securitas Security ervices USA, Inc. has proven they have the ability.
[ t)
RESOLUTION NO.
CC(Q)ffJr
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
RENEWAL OPTIONS TO SECURITAS SECURITY SERVICES USA, INC. FOR
SECURITY GUARD SERVICES AT THE SAN BERNARDINO METROLlNK
STATION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. Securitas Security Services USA, Inc. is the selected source provider of
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security guard services at the City's Metrolink Station for the Facilities Management
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Department.
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SECTION 2. That pursuant to Municipal Code 3.04.010 (B) (3) the City Manager of the
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City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement for
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Services between the City of San Bernardino and Securitas Security Services USA, Inc., a copy
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of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as
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fully as though set forth at length.
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SECTION 3. That pursuant to this determination the Director of Finance Department or
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her designee is hereby authorized to issue an Annual Purchase Order in the amount of
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$98,900.00 for Fiscal Year 2009/2010 to Securitas Security Services USA, Inc. with three one-
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year renewal options for the base year plus the CPI as long as funds are available and
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appropriated in the budget each year.
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SECTION 4. The Purchase Order shall reference this Resolution number and shall read,
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"Securitas Security Services USA, Inc. for Security Guard Services at the San Bernardino
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Metrolink Station for the Facilities Management Department," and shall incorporate the terms
and conditions of the Agreement for Services.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
RENEWAL OPTIONS TO SECURITAS SECURITY SERVICES USA, INC. FOR
SECURITY GUARD SERVICES AT THE SAN BERNARDINO METROLINK
STATION.
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SECTION 5. This authorization to execute the above referenced Purchase Order and
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Agreement is rescinded if they are not executed within sixty (60) days of the passage of this
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE ONE-YEAR
RENEWAL OPTIONS TO SECURITAS SECURITY SERVICES USA, INC. FOR
SECURITY GUARD SERVICES AT THE SAN 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 meeting
thereof, held on the day of , 2009, by the following vote, to wit:
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Approved as to form:
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sF, Penman, City Attorney
Exhibit "A"
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 2009, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Securitas Security Services USA, Inc., hereinafter referred to as "VENDOR".
WITNESSETH
WHEREAS, City desires to obtain Security Guard Service for the Metrolink Station located adjacent to
the Sante Fe Depot in San Bernardino, California; and
WHEREAS, Vendor is qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Vendor upon the terms
and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Vendor shall perform those services specified in Scope of Work and as contained in the proposal,
a copy of which is attached hereto as Exhibit "I ", and all of which are incorporated herein as
though set forth in full. .
2. TERM OF AGREEMENT
This Agreement shall commence on July 1, 2009 and continue through June 30, 2010 unless
previously terminated as provided herein. This Agreement may be extended for three (3)
additional one (1) year terms to coincide with the City's fiscal year at the City's sole discretion.
3. STANDARD OF PERFORMANCE/ PERMITS AND LICENSES
Vendor shall complete all work in conformance with Federal, State, and local regulations and
industry standards. Vendor warrants it possesses, or shall obtain and maintain during the term of
this agreement, a business registration certificate pursuant to Title 5 of the San Bernardino
Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals
of whatever nature that are legally required of vendor to practice its profession, skill or business.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the attached scope of work and Vendor's proposal are
made an obligation of Vendor under this Agreement, subject to any changes made subsequently
upon mutual agreement of the parties. All such changes shall be considered as additional tasks
and shall be incorporated by written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Vendor for the change in scope. Any change,
which has not been so incorporated, shall not be binding on either party.
Exhibit "A"
B. Vendor shall render no extra services under this Agreement unless City authorizes such extra
services in writing prior to performance of such work. Authorized extra services shall be
invoiced based on the authorized additional task amounts.
5. COMPENSATION
A. Upon satisfactory completion of the work, the Vendor will be paid time and material at a
rate of$15.96 per hour through June 30, 2010. Vendor to provide guards with cell phones
at a rate of $10.19 per week per cell phone. The entire compensation is not to exceed
$98,900.00 in arrears, for all work and services performed under this contract and upon
receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice
amount will be based on the actual work performed by task. Vendor will submit an
invoice to the City monthly.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Vendor shall agree upon
any such significant alteration in writing before commencement of performance of such
significant alteration by Vendor.
Any adjustment of the total cost of services will only be permitted when the Vendor
establishes and City has agreed in writing that there has been, or is to be, a significant
change in:
I. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for completion of the work warrants such adjustment.
C. The Vendor is required to comply with all Federal, State and local laws and ordinances
applicable to the work.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted every
month by Vendor to City and shall be paid by City within twenty (20) days after receipt
of same, excepting any amounts disputed by City. Dispute over any invoiced amount
shall be noticed to the Vendor within ten (10) days of billing and a meet and confer
meeting for purposes of resolution of such dispute shall be initiated by the City within
(10) days of notice of such dispute. All tasks as specified in Exhibit "I" shall be
completed prior to final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
The Director of Facilities Management of City, or his designee, shall have the right of general
supervision over all work performed by Vendor and shall be City's agent with respect to
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Exhibit "A"
obtaining Vendor's compliance hereunder. No payment for any services rendered under this
Agreement shall be made without prior approval of the Director of Facilities Management or his
designee.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Vendor hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Vendor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated for the convenience of the City or Vendor upon thirty
(30) days written notice to the other party.
B. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Vendor, Vendor fails to meet any of its obligations under this Agreement, and such failure shall
not constitute a default in performance, the City may grant to Vendor such extensions of time
and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Vendor shall notify City within three (3) days in writing
when it becomes aware of any event or circumstances for which it claims or may claim an
extension.
I l. INDEPENDENT CONTRACTOR
Vendor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Vendor shall furnish
such services in its own manner. This Agreement is not intended and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint venture, or association
between Vendor and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Vendor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Vendor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Vendor and City:
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Exhibit "A"
VENDOR
CITY
John W. Muldoon III
Securitas Security Services USA, Inc.
402 S. Milliken Ave Suite G-H
Ontario, CA 91761
Jim Sharer
Director of Facilities Management
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
For the purpose of determining compliance with Public Contract Code Section lOllS, et. seq.
and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when
applicable, and other matters connected with the performance of the contract pursuant to
Government Code Section 8546.7, the Vendor, subconsultant, and the City shall maintain all the
books, documents, papers, accounting records, and other evidence pertaining to the performance
of the contract, including but not limited to, the costs of administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Vendor that are pertinent to the
contract for audits, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested.
15. PREVAILING PARTY
The prevailing party in any legal action to enforce or interpret any provision of this Agreement
will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and
necessary disbursements in connection with that action. The costs, salary, and expense of the
City Attorney and members of his office, in connection with that action shall be considered as
attorneys' fees for the purposes of this Agreement.
16. INDEMNITY
Vendor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Vendor's negligent performance of services under this Agreement.
Vendor shall not be responsible for, and City shall indemnify, defend, and hold harmless Vendor
from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities
of, by or with respect to third parties, which arise from the City's negligent performance under
this Agreement. With respect to any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's
fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent
negligence of Vendor and City, each party shall assume responsibility in proportion to the degree
of its respective fault.
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Exhibit "A"
17. LIABILITYIINSURANCE
Vendor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Vendor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Vendor performing any of the services under this Agreement. All insurance certificates required
herein shall name the City as an additional insured and provide for thirty-(30) days written notice
from the insurer to the City prior to modification or cancellation of any insurance policy of the
Vendor.
A. Comprehensive General Liability and Automobile Insurance. The Vendor shall maintain
comprehensive general liability and automobile liability insurance with a combined single limit
of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Vendor shall maintain worker's compensation
insurance in accordance with the laws of the State of California for all workers employed by the
Vendor.
C. Vendor will defend (and control any such defense) and indemnify City, and any person or
entity required to be defended or indemnified under the Agreement (collectively "City 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 or misconduct of Vendor, its employees or agents while acting
within the scope of their duties and authority. However, in no event will the liability of Vendor
(and its insurers) to the City Parties exceed $5 million. Further, in no event will Vendor (or its
insurers) be liable to the City 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.
D. If Vendor provides any insurance coverage (additional insured or otherwise) for City or
any others, such insurance coverage will not cover results of City's or the others' acts or
omissions.
E. In addition to Vendor's termination rights under the Agreement, Vendor may terminate
the Agreement immediately with written notice to Client in the event of a loss of or material
change to Vendor's liability insurance as required by the Agreement.
18 VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and effect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
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Exhibit "A"
AGREEMENT FOR SERVICES with Securitas Security Services USA, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
Securitas Security Services USA, Inc.
By:
Charles E. McNeely, City Manager
By:
Name:
Title:
Approved as to Form:
James F. Penman, City Attorney
1/
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EXHIBIT "1"
Securitas Pricinq Schedule
City of San Bernardino Metrolink Station
Fiscal 2010
Julv 1. 2009 thru June 30.2010
Position 1:
Week).
Shift A:
Monday thru Saturday, 4 AM to 1030 PM, (18.5 Hours per Day, 111 Hours per
6 Days X 8.0 Hours (Straight Time) = 48 Hours X 15.96 = 766.08(Weekly)
Shift B
6 Days X 8.0 Hours (Straight Time) = 48 Hours X 15.96 = 76608 (Weekly)
6 Days X 2.5 Hours (Overtime) = 15 Hours X 23.94 = 359.10 (Weekly)
Weekly Cost of 1 Nextel:
Total Weekly Cost:
10.19 (Weekly)
$1,901.45
$1,901.45 X 52 Weeks = $
$98,875.40
Total Purchase Order Cost for Fiscal 2010:
$98,875.40
Securitas Security Services USA, Inc.
402 S. Milliken Avenue, Suite G-H, Ontario, CA 91761, USA
Phone (909) 974-3177 Fax (909) 974-3161
www.securitasinc.com