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HomeMy WebLinkAboutCC Resolution 10443 (Security Services)CITY COUNCII, CITY OF SAN RAFAEL RESOLUTION NO. 10443 RESOLUTION AUTHORIZING THE MAYOR TO EXTEND THE EXISTING AGREEMENT FOR SECURITY SERVICES AT THE 'THIRD & "A" STREETS PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC. FOR AN AMOUNT NOT TO EXCEED $39,150 (THROUGH JUNE 30, 2000) 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, 2000 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 215` day of June, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None / k•'ate LEO CINI, City Clerk ORIGINAL. 0'� 3 AGREEMENT FOR SECURITY SERVICES WITH BRIGHT STAR SECURITY, INC. FOR THE THIRD & "A" STREETS PARING STRUCTURE This Agreement is made and entered into this 21 s day of JUNE , 1999 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" Streets 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 Vt. 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. Aff 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 ofthe California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. 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 Bright Star Security, Inc. Redevelopment Agency P. O. Box 5326 P. O. Box 151560 Novato, CA 94948 San Rafael, CA 94915-1560 I. INSURANCE 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. CITY OF SAN RAFAEL B TJ.B Mayor ATTEST: pj JEANNE M. LE CINI City Clerk 1resident1► 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. CITY OF SAN RAFAEL ALBERT J. BORO Mayor ATTEST: JEANNE M. LEONCINI City Clerk BRIGHT STAR SECURITY, INC. .��, R. MOLLOY ice resident