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HomeMy WebLinkAboutCC Resolution 9238 (Security Services at 3rd & A)CITY OF SAN RAFAEL RESOLUTION NO. 9238 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR SECURITY SERVICES AT THE 3RD & "A" PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC. FOR AN ANNUAL AMOUNT NOT TO EXCEED $32,500.00 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the 3rd &,"A" Streets Parking Structure is undergoing painting and cleaning; and WHEREAS, there have been a number of instances of auto vandalism, public drinking and property distruction; and WHEREAS, there is a need for increased security at the Parking Structure; and WHEREAS, THE City has received estimates to perform security work from two companies; and WHEREAS, Bright Star Security, Inc. provided the least expensive estimate for the work. NOW, THEREFORE the Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, an agreement with Bright Star Security, Inc. to provide security services at the 3rd & "A" Streets Parking Structure per the attached Scope of Services, for an annual amount not to exceed $32,250.00. 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 City Council held on the 17TH day of OCTOBER 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNV M. LEONCINI, City Clerk ORIGINAI AS AGREEMENT FOR SECURITY SERVICES WITH BRIGHT STAR SECURITY, INC. FOR THE 3RD & "A" PARKING STRUCTURE This Agreement is made and entered into this 17TH. day of O�.TQPER , 1994 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 3rd & "A" Parking Structure per the attached work description. 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 work per the attached work description. Payment for Security Services will be made 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 invoice. D. TERMS The terms of this Agreement shall be from the date of execu- tion, and shall be renewed on an annual basis beginning each fiscal year on July lst. 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 then due and unpaid as of the date of receipt of notice. Payment by City of such compensation shall be con- sidered full and final settlement for all work performed by the Contractor under this Agreement. All completed reports and other documents and materials described on the attached work description 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 artibtrator shall be final and binding on the par- ties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, includ- ing attorney's fees necessitated by arbitration. Notwith- standing 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 arbi- tration unless the parties mutually agree otherwise. The cost of said mediation shall be 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 success- ful 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. Amend- ments to the work description may be made by mutual agreement, in writing, signed by Contractor and the City. G. 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. H. NOTICES Any notice required to be given by the terms of this Agree- ment shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respec- tive parties as follows: City of San Rafael Bright Star Security, Inc. Redevelopment Agency P. 0. Box 5326 P. 0. 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 bodliy or per- sonal injury or property damage as the result of any single occurrence; Contractor shall also maintain professional lia- bility insurance with a limit of liability of not less than $500,000 per claim, and in the aggregate. City shall be -2- added as an additional;Xe insured on the general and comprehensive general liability insurance. Prior to begin- ning work under this Agreement, Contractor shall provide the City with evidence that the insurance described above is in place. J. INDEMNITY Contractor shall indemnify, defend and hold the City harm- less 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 the day and year first written above. CIT AF !/A ERT BORO 7 Mayor ATTEST �EANNE M. LEONCINI City Clerk BRIG TAR CU NC. RY R. M L6Y V' e esident