HomeMy WebLinkAboutCC Resolution 10647 (Security Services)CITY COUNCIL
CITY OF SAN RAFAEL
RESOLUTION NO. 10647
RESOLUTION AUTHORIZING THE MAYOR TO EXTEND THE EXISTING
AGREEMENT FOR SECURITY SERVICES AT THE THIRD & "A" STREET
PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC.
FOR AN AMOUNT NOT TO EXCEED $39,150
(THROUGH JUNE 30, 2001)
FINDINGS AND PURPOSE:
The City Council of the City of San Rafael, Marin County, California does hereby declare, find
and determine that:
1. WHEREAS, on October 17, 1994 the City Council directed the Mayor to execute an
Agreement for Security Services for the Third & "A" Streets Parking Structure; and
2. WHEREAS, Bright Star Security, Inc. was hired to provide the security services; and
3. WHEREAS, Bright Star Security, Inc. has provided high quality security services to the City
of San Rafael; and
4. WHEREAS, there is an ongoing need for security services at the Parking Structure.
NOW, THEREFORE, the City Council of the City of San Rafael takes the following ACTION:
RESOLVED that the City Council authorizes the Mayor to extend the existing agreement with
Bright Star Security, Inc. for a time and period through June 30, 2001 for a fee not to exceed
$39,150.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City held Monday the 19'' day of June, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JEAY4Nh M. LEONCINI, City Clerk
AGREEMENT FOR SECURITY SERVICES
WITH BRIGHT STAR SECURITY, INC.
FOR THE THIRD & "A" STREET PARKING STRUCTURE
This Agreement is made and entered into this 1st day of July, 2000 by and between the City of
San Rafael (hereinafter referred to as "City") and Bright Star Security, Inc. (hereinafter referred
to as "Contractor").
A. SCOPE OF WORK
In accordance with this Agreement, the Contractor agrees to provide security services at the
Third & "A" Street Parking Structure.
B. INDEPENDENT CONTRACTOR
It is understood and agreed that the Contractor is, and at all times shall be, an independent
contractor and nothing herein shall be construed as making the Contractor, or any individual
whose compensation for services is paid by the Contractor, an agent or employee of the City, or
authorizing the Contractor to create or assume an obligation for or on behalf of the City.
C. PAYMENT
For the payment, not to exceed $39,150 which the City agrees to make, the Contractor will
undertake the security services work. Payment for these services will be as follows:
1. Contractor's services shall be invoiced on a monthly basis.
2. Payments made by the City shall be made within 15 days of receipt of the invoice.
D. TERMS
The terms of this Agreement shall be from the date of execution, and shall be renewed on an
annual basis beginning each fiscal year on July 19`. Either party may terminate this Agreement
by giving the other party thirty (30) days written notice. In the event of termination, City shall
pay Contractor all sums due and unpaid as of the date of receipt of notice. Payment by City of
such compensation shall be considered full and final settlement for all work performed by the
Contractor under this Agreement. All completed reports and other documents and materials
shall become the property of the City.
E. ARBITRATION
All claims or disputes between the City and the Contractor relating to this Agreement shall be
decided by arbitration pursuant to the current provisions of the California Code of Civil
Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on
the parries. In interpreting the provision of this Agreement, the arbitrator may make an award of
costs and fees, including attorney's fees necessitated by arbitration. Notwithstanding this
requirement that disputes arising out of this Agreement shall be subject to arbitration, as a
precondition to the filing of any such arbitration, all claims, disputes and other matters in
question between the parties of this Agreement or breach thereof, shall be first submitted to non-
binding mediation prior to the initiation of any arbitration unless the parties mutually agree
otherwise. The cost of said mediation shall split equally between the parties. This agreement to
mediate shall be specifically enforceable under the prevailing law of the jurisdiction in which it
was signed.
F. ALTERATIONS
This Agreement may be modified, as necessary, for the successful and timely completion of the
services to be provided. Any alteration shall be expressed in writing, as an amendment to this
Agreement, and shall be executed by both parties. Amendments to the work description may be
made by mutual agreement, in writing, signed by the Contractor and the City.
G. ASSIGNMENT
No assignment of this Agreement, either in whole or in part, shall be made by the Contractor
without prior written consent of the City.
H. NOTICES
Any notice required to be given by the terms of this Agreement shall be deemed to have been
given when the same is sent by certified mail, postage prepaid, addressed to the respective
parties as follows:
City of San Rafael
Redevelopment Agency
P. O. Box 151560
San Rafael, CA 94915-1560
I. INSURANCE
Bright Star Security, Inc.
P. O. Box 5326
Novato, CA 94948-5326
During the term of this Agreement, Contractor shall maintain: comprehensive general liability
insurance with a combined single limit of not less than $1,000,000 for bodily or personal injury
or property damage as the result of any single occurrence; Contractor shall also maintain
professional liability insurance with limit of liability of not less than $500,000 per claim, and in
the aggregate. City shall be added as an additional named insured on the general and
comprehensive general liability insurance. Prior to beginning work under this Agreement,
Contractor shall provide the City with evidence that the insurance described above is in place by
way of a Certificate of Insurance and specific endorsements to the policies adding the City as an
additional named insured.
J. INDEMNITY
Contractor shall indemnify, defend and hold the City harmless from and against liability arising
from Contractor's negligent acts, errors, or omissions in performance of the work, or for willful
or intentional misconduct relating to activities carried out pursuant to or in connection with this
Agreement.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to
execute this Agreement on the day and year first written above.
ATTEST:
'319ANNE M. LEONCM
City Clerk
PattiB/RDA/Parldng/BrightStaContract
BRIGHT SSECURITY, INC.
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