HomeMy WebLinkAboutCC Resolution 9515 (Security Services)CITY COUNCIL
CITY OF SAN RAFAEL
RESOLUTION NO. 9 515
RESOLUTION AUTHORIZING THE MAYOR TO EXTEND
THE EXISTING AGREEMENT FOR SECURITY SERVICES
FOR THE THIRD & "A" PARKING STRUCTURE WITH
BRIGHT STAR SECURITY, INC.
(THROUGH JUNE 30, 1996)
FINDINGS AND PURPOSE:
The City Council of the City of San Rafael, Mai -in 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" 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, 1996 and for a fee not to exceed $32,250.
I, JEANNE M. LEONCINI, City Clerk for the San Rafael City Council,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting held on the 20th
day of NOVEMBER 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller and Mayor B.oro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
DISQUALIFIED: COUNCILMEMBERS: Zappetini (-due-to conflict of interest)-
JEAAt M. LEONCINI, City Clerk
ORIGINAL C151-1-1
S.
AGREEMENT FOR SECURITY SERVICES
WITH BRIGHT STAR SECURITY, INC.
FOR THE THIRD 7 "A" PARKING STRUCTURE
This Agreement is made and entered into this _ 20th _ day of
_NOVEMBER_, 1995 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" 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 $32,250 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
W5, ,o - -€
July 1st. 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 Contract under this Agreement. All completed reports and
other documents and materials shall be come 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 Civic 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, fro 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
Contractor and the City.
Ci ASSIGNMENT
No assignment of this Agreement, either in whole or in part, shall be
made by Contractor without the prior written consent of the City.
-2-
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
snail, 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
1. 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 against liability arising from
or omission in performance of the
misconduct relating to activities
connection with this Agreement.
and hold the City harmless from
Contractor's negligent acts, errors,
work, or for willful or intentional
carried our pursuant to or in
IN WITNESS WHEREOF, City and Contractor have caused their
authorized representatives to execute this Agreement on the day and
year first written above.
-3-
CITY OF SAN RAFAEL
rr� •
t?RT RO
Mayor
ATTEST
#-ANNE M. LE NCINI
City Clerk
BRIGHT STAR SECURITY, INC.
71
MOLLOY__
V e President
° S orm:
lark E. Guinan for GTR
Assistant City Attorney