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HomeMy WebLinkAboutAGENDA REPORT 2000 0105 CC REG ITEM 11J�H,� (Oq ITEM ��. �J • CITY OF MOORPARK, CALIFORNL City Council Meeting ACT N: ARdyVEM City of Moorpark AGENDA REPORT BY: TO: The Honorable City Council FROM: John Brand, Senior Management Analyst YD DATE: December 21, 1999 (CC meeting of January 5, 2000) SUBJECT: Consider Renewal of an Agreement to Provide Security Guard Services at the Moorpark Metrolink Station with the firm of Security Above. SUMMARY The City Council is being asked to consider the renewal of the service agreement with Security Above, the firm that has provided guard services at the Moorpark Metrolink Station since 1993. The firm requests a 75� increase in the hourly billing rate, for a total billing rate of $12.30 per hour. There has not been a rate adjustment in two years. Sufficient funds are appropriated in the current budget to accommodate this rate increase. BACKGROUND On March 13, 1993, the City Council initially funded and approved the establishment of a security guard at the Moorpark Metrolink Station, and entered into an Agreement with the firm of Security Above for that purpose. The security guard is intended to deter property damage to the station and to the vehicles parked there. The guard is on duty at the Station for eight hours per day. The shift usually ends thirty minutes after the last train of the night is scheduled to arrive. This is to.allow any stranded passengers to feel safe while they make arrangements for a ride. Metrolink does not operate on weekends or on major holidays. Security Above requests a 75C increase in the hourly - billing rate charged by the firm, and has assured staff that the increase will go directly to the Security Guard. If approved, the new billing rate would be $12.30 per hour. The appropriation for Metrolink 00033'1 Moorpark Station Security Above Agreement CC Meeting of January 5, 2000 Page 2 Security in the FY 1999 -2000 is sufficient to grant the requested increase. No additional appropriation or budget adjustment would be necessary. Staff has developed a good working relationship with the firm, its' owner, and the guards that have been assigned to work at the Moorpark Metrolink Station. Overall, the performance of Security Above has been more than satisfactory. The-guard is-cooperative and has shown a willingness to gather information on activity at the station. The guard is also often able to provide assistance to travelers. RECOMMENDATION Staff recommends renewal of the Agreement to provide security guard services at the Moorpark Metrolink Station with the firm of Security Above, and authorize the City Manager to execute the agreement. Moorpark Station Security Above Ageemat 000338 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and Security Above, hereinafter referred to as "Vendor". W I T N E S S E T H Whereas, the City wishes to contract for security patrol services at the Metrolink Station at 320 High Street, in the City of Moorpark hereinafter referred to as "Services "; and Whereas, Vendor has the experience and qualifications necessary to perform such services; and Whereas, City wishes to retain Vendor for the performance of those services as set forth in the Scope of Work set forth below. NOW, THEREFORE, in consideration of the mutual convents, benefits and premises herein stated, the parties hereto agree as follows: City does hereby appoint Vendor in a contractual capacity to perform certain technical services as set forth herein. I. Scope of Work The services to be rendered by Vendor shall be as set forth in Exhibit "A This Agreement shall be effective as of January 1, 2000, and end December 31, 2001. The City reserves the right to extend to term of ®00339 Page 1 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION the Agreement one (1) additional vendor's consent. II. Compensation The amount of full compensation to services shall not exceed $12.30 prior written authorization by the claims for extras above the amount will be honored unless authorized in commencement of extra work. III. Termination year with the Vendor for said per hour without City Manager. No of said agreement writing prior to This agreement may be terminated with or without cause by City at any time with no less than forty -eight (48) hours written notice of such termination. In the event of such termination, Vendor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. This agreement may be terminated by Vendor only by providing City with written notice no less than ten (10) days in advance of such termination. IV. General Conditions A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Vendor performing services hereunder for City. B. Vendor is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall have control over the conduct of Vendor or any Vendor officers, employees or agents, except as herein set forth. 000340 Page 2 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. C. At the time of 1) termination of the agreement or 2) conclusion of all work; all original documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Vendor or their subcontractors) or obtained in the course of providing the services to be performed pursuant to this agreement shall become the sole property of the City. D. Vendor shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Assistant City Manager, Director of Community Services, Assistant City Engineer, City Engineer or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Vendor or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. The City does not, and shall not, waive any rights that it may have against Vendor by reason of Paragraph E hereof, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. 00034:i Page 3 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION E. Vendor shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this agreement that policies of insurance required by this paragraph and shall furnish to the City Clerk of the City certificates of said insurance on or before the commencement of the term of this agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name the City and its officers, employees, servants and agents serving as independent contractor in the role of City Manager, Assistant City Manager, Director of Community Services, or City Attorney, as additional insured with Vendor. 2. Insure the City and its officers, employees, and agents while acting in the scope of their duties under this agreement against all claims, demands, damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this agreement by Vendor or the City. 3. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. Vendor shall give City thirty (30) days written notice prior to the expiration of such policy. 4. Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E, Vendor shall provide general public liability including automobile liability and property damage insurance in an amount not less than One 0®()34- Page 4 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION Million dollars ($1,000,000.00) per occurrence and annual aggregate. G. Consistent with the provisions of Paragraph E, Vendor shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Vendor in work under this agreement is not protected by the workers' compensation law, Vendor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. H. Vendor shall not assign this agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Vendor is uniquely qualified to perform the services provided for in this agreement. I. Payment to Vendor shall be at a rate not to exceed $12.30 per hour. Services shall be paid on a monthly basis for the current month upon satisfactory performance of services under this agreement. Vendor shall submit invoice by the third Friday of each month following the third Wednesday. If the third Friday does not occur in the same week as the third Wednesday, Vendor shall submit invoice on the fourth Friday. Payment to vendor shall be made by the City within thirty (30) days of receipt of invoice except for those which are contested or questioned and returned by City, with written explanation within thirty (30) days of receipt of invoice. Vendor shall provide to City a written response to any invoice contested or questioned and further, upon request of City, provide City with any and all documents related to any invoice. J. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United 000343 Page 5 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION States mail, certified or registered, return receipt requested, with postage prepaid and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 To: Security Above 2564 E. Lynwood Simi Valley, CA 93065 Att: Thomas Eubeler Either party may, from time to time, by written notice to the other, designate a different address, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. K. Nothing contained in this agreement shall be deemed, construed or represented by the City or Vendor or by any third person to create the relationship of principal or agent, or of -a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Vendor. L. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. M. Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party ®0®34= Page 6 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION prepared the agreement or caused it to be prepared. N. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. O. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant of this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. P. Cases involving a dispute between the City and Vendor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. Q. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. R. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. V. Responsible Individual Page 7 ®003`°.7 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES MOORPARK METROLINK STATION The individual directly responsible for Vendor overall performance of the contract provisions herein above set forth and to serve as principal liaison between City and Vendor shall be Thomas Eubeler. Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK: SECURITY ABOVE: Steven Kueny, City Manager Thomas Eubeler Date Security Above Agreement Page 8 Date 000 346 SECURITY GUARD SERVICES — NETROLINK STATION EXHIBIT A SCOPE OF WORK It is the intent of this Agreement to provide necessary labor, equipment, tools, transportation and other elements in order to provide security guard services at the Metrolink Station on High Street in Moorpark, California, to include (without limitation) the following: 1. Vendor is responsible for providing a security guard to be on duty at the City's Metrolink Station for eight hours per day, on days when the Metrolink service operates. The exact work hours will be determined by the City, but will generally be an eight (8) hour shift between the hours of 8 :00 a.m. and 9 p.m. Monday through Friday. 2. Security guards must have clearly identifiable and appropriately maintained uniforms. 3. Vendor is responsible for providing necessary communication equipment (either a two -way radio or mobile cellular phone) to allow the security guards to call for law enforcement assistance. Equipment must be in good working order at all items. 4. Security guards will be responsible for patrolling the north and south parking lots at Station. In the event that the guards see an incident of vandalism or believe an incident is about to take place, he /she will be instructed to call local law enforcement (East Valley Sheriff's Station) at 494 -8200 or City Hall at 529 -6864. 5. While on duty, security guards notice non - working lights, graffiti and /or property damage, they will be 000347 Page 9 Security Guard Services — Metrolink Station Exhibit A Scope of Work instructed to notify Community Services Department's Senior Management Analyst at 529 -6864, ext. 248. 6. Vendor shall provide the City with a written daily incident report (daily log), which identifies the number and nature /type of incidents encountered by the security guard. This report shall be submitted to the City weekly, on or before Wednesday after the week of the report. 7. Vendor shall include in the daily log additional information at the City's request. The additional information shall include, but is not limited to, a daily summary of the number of vehicles parked at the facility, the number of bicycle lockers filled, schedule adherence information such as the arrival and departure time of trains, the City bus and VISTA regional bus, visitations or inspections or by other agencies, and other noteworthy activities that may occur. Security Above Agreement Page 10 OOOJA S