HomeMy WebLinkAboutAgenda Report - June 15, 2016 C-11TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM Co' 1
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with Lyons Security Services, Inc. of Orange for
Security Services at Hutchins Street Square and Appropriating Funds ($40,000)
June 15, 2016
Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION
BACKGROUND INFORMATION:
Adopt resolution authorizing the City Manager to execute
Amendment No. 1 to Professional Services Agreement with Lyons
Security Services, Inc., of Orange for Security Services at Hutchins
Street Square and appropriating funds in the amount of $40,000.
The growing success of Hutchins Street Square as a rental and
events venue means greater need for various services, such as
security. Almost all security expenses are passed through our
renters or, in the case of most City -sponsored events, recovered
through ticket revenue.
The existing contract with Lyons Security, the security provider at Hutchins Street Square since 2012,
has a $40,000 annual limit. This fiscal year, that limit was reached in May. Parks, Recreation and Cultural
Services wishes to increase the annual limit to $60,000 to account for greater facility use without needing
additional City Council approval through the contract term of August 7, 2018, (plus two one-year
extensions). The other requested addition to the contract is to define "annual" in a manner consistent with
the City's fiscal year.
FISCAL IMPACT: None, as most security expenses are passed through to users.
FUNDING AVAILABLE:
JH:tI
cc: City Attorney
Requested appropriation of $20,000 in Fiscal Year 2015/16 and $20,000 in
FY 2016/17 (Rentals Account No. 20071200.72450, Performing Arts
Theater Account No. 20071300.72450, Special Events Account No.
20073300.72450).
Jordan Ayers, Deputy City Manager/ nternal Services Director
Jill Ali'
Jeff,'P'.
P. , Recreation and Cultural Services Director
APPROVED: CA4 ^
‘44,r- Stephen Schwabauer, Cit Manager
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
LYONS SECURITY SERVICES, INC.
THIS AMENDMENT No. 1 is made and effective this day of June, 2016, by and
between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and LYONS
SECURITY SERVICES, INC., hereinafter called "CONTRACTOR."
WITNESSETH
CONTRACT: Contractor and City, entered into a Professional Services Agreement on
September 23, 2015, for security services at Hutchins Street Square, in the amount not
to exceed $40,000 per year ("Agreement"), attached hereto as Exhibit A and made a
part hereof. The term of the Agreement is September 23, 2015 through August 7, 2018.
FIRST AMENDMENT: Contractor and City now desire to amend the Fee Proposal
attached to the Agreement as Exhibit B, to increase the annual "not to exceed amount"
from $40,000 to $60,000, as the result of increased rentals at Hutchins Street Square
requiring security services.
3. TERMS AND CONDITIONS: Annual fees are not to exceed $60,000. The term
"Annual" refers to a 12 -month period starting July 1 and ending June 30 of the following
year. All other terms and conditions, including the hourly rates paid to Contractor, will
remain as set forth in the Agreement.
CITY OF LODI, a municipal corporation CONTRACTOR
STEPHEN SCHWABAUER LYONS SECURITY SERVICES, INC.
City Manager
Attest
By:
Title:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Paries
THIS AGREEMENT is entered into onkE104 15, by and between the CITY _
OF LODI, a municipal corporation (hereinafter "CITY"), and Lyons Security Service, Inc. on
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CiTY wishes to enter into an agreement with CONTRACTOR for security guard
services (hereinafter "Project") as set forth in the Scope of Services attached here as
Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to
CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated In
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR'S contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on August 7, 2015 and terminates on
August 7, 2018.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
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exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed five (5) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR'S compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit Invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR'S compensation for all work under
this Agreement shalt not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those Inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
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inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor emptoyed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein_
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Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibill#v of C
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any Interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shalt be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Jeff Mood
To CONTRACTOR: Lyons Security Service, Inc.
2582 N. Santiago Blvd.
Orange, CA 92687
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
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Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under thls
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law. Jurisdiction, Severability, and Attorney's Fees
This Agreement shalt be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party In any litigation of the dispute shall be entitled to reasonable attorney's
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fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 Citv Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not vold
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Docu{ments
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
0 If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
JF IFER M ERRAIOLO 82'014141l`N S WA AIDER
Cit Clerk City Manager
APPROVED AS TO .fiv-- JANICE D. MAGDICH, City Attorney
By:
LYONS SECURITY SERVICE, INC.
By:
Name: Ko,W.\t RAI G' d cQ.
Title:
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit 0 - Federal Transit Funding Conditions (if applicable)
Funding Source: 20071300,20071204,20073300
(Business Unit & Account No.)
Doc ID:
CAzRev.O1.2015
8
Exhibit A
A. SCcpe of Services for Hutchins Street Square Community Centel
Contractor's security guards, as required by the City of Lodi at Hutchins
Street Square shall act in the best interests of the City as listed below:
1. Guard arrival times are 1/2 hour before events, except for theatre
events which arrival time is 1 hour before event. Guards are expected
to display a professional image and manner at all times while an duty.
Consistent with this is the expectation that guards will be alert to their
surroundings at all times while on duty and will not be engaged in any
activities that distract them (Le. reading, eating, smoking, etc.) from
the performance of their assigned duties. The guards are expected to
remain onsite during meal breaks or be relieved by another guard
during his or her meal break. Breaks shall be reported to HSS event
attendant prior to onset. Eating and smoking shall occur in designated
areas only.
2. Security guards, as required by the CITY, are to act in the best Interests
of the CITY to protect its patrons, contract employees, facilities, vehicles
and guests. The security guards shall be present to monitor persons
and activities in and around the designated facilities to ensure a safe
environment for all individuals. The guard(s) will be required to act on
behalf of the City of Lodi in an efficient, courteous, and professional
manner at all times, to monitor and notify the event attendant on duty of
improper or destructive behavior, and to insist that appropriate behavior
prevail. Security personnel powers of arrest are no greater than that of a
private citizen. The security company shalt assume full liability for any of
their employees in the exercising of any police authority. When
necessary, the proper police authority shall be summoned. Security
personnel, shall use no force unless absolutely necessary for self-
defense. Security personnel shall always be cooperative with authorized
emergency personnel, by providing assistance, while not interfering in
the performance of their duties.
3. Hutchins Street Square will be patrolled on loot. The guard(s) will be
required to perform security sweeps of the parking Lots and perimeters of
Hutchins Street Square Community Center as directed for the event. In
addition to the security sweeps, upon arrival to Hutchins Street Square
Community Center, the guard(s) will report for check in with the event
attendant for site placement, depending on events requirements.
4. Guards shall make available, at any time while on duty, their security
guard cards. Guards shall be expected to present cards to members of
the Lodi Police Department or designated City of Lodi employees on
demand. Failure to produce a valid security guard card shall be grounds
for termination of the contract.
5. All guards must be neat, dean and properly uniformed and have a clear
command of the English language. The security guards must possess
and exercise strong personal interactive skills in dealing with the HSS
Event Staff and the public. Uniforms shall not be similar to those of the
Lodi Police Department. Ail shirts shall be tucked in. Head covers, if
worn, shall be a part of the uniform. Service provider will provide photo
identification badges for all security guards assigned to work at HSS
facilities.
6. All guards will be equipped with City issued radios ar phones capable of
communicating with other guards and their dispatch site. In addition to
the radios, guards must have a cellular phone for communication with
Lodi Police or other departments/individuals provided by the service
provider. No personal media players will be allowed to be used by any
security personnel while on duty.
7. Security guards shall arrive at Hutchins Street Square Community
Center properly uniformed, with ail necessary equipment to perform job
satisfactorily. Additionally, guards shall refrain from socializing with any
one group for any period of time unless necessitated as part of their
patrol duties. Guards shall refrain from onsite visitors at all times while
on duty.
8, Area of security service shall include back of sidewalk encompassed by
4 streets surrounding Hutchins Street Square: Hutchins, Rose, Walnut,
and Oak Streets. See Addendum B — Map.
9. Security guards will serve as a visual deterrent to criminal and disruptive
behavior for inside and outside the HSS facility.
10. Security guard(s) will patrol all parking lots as required by onsite manager
or event attendant.
11. Service provider will contact onsite manager or event attendant
immediately on issues that arise during supervision.
12. Security personnel are to follow specific direction of Hutchins Street
Square/City of Lodi Staff at all times while on duty at the HSS facility.
13. Security guards) will patrol areas as specified by on site manager or
event attendant via radia Issued by HSS facility staff.
14 B. Addendum — Map of HSS facilities.
ADDENDUM TO SCOPE OF SERVICES
MAP OF HUTCHINS STREET SQUARE FACILITIES
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Exhibit B
City of Lodi _ _
Standard Professional Services Agreement
Hutchins Street Square Security Guard Services
Security Officer: $17.85 per hour
$26.77 per hour for Overtime and Holidays
The annual fee is not to exceed $40,000.00•
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$2,000,000 Each Occurrence
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Govemment Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City
of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability.
(b) 17rin1ary and Non -Contributory insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13. A primary and non-contributory insurance endorsement is also required for Auto Liability.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of the protect that it is insuring.
(c) Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
Page 1 1 of 2 pages Risk: rev.08.2015
Insurance Requirements for Contractor (continued)
(d) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(e) Severabillty of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(f) Malice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(g) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(h) Failure to Compj
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (15r) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(j) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 of 2 pages � Risk: rev.08.2015
1. AA#
2. JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
TO:
Internal Services Dept. - Budget Division
ACCOUNT #
3. FROM:
Jeff Hood 5. DATE:
6/1/16
4. DEPARTMENT/DIVISION: PRCS Administration
20071200
6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW '
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
200
20071200
54363
Rent HSS (FY 15/16)
$20,000
$ -
B.
USE OF
FINANCING
200
20071200
7240
Misc. Contract Services (FY 15/16)
$20,000
7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Increase appropriation for Miscellanous Contract Services for 2015/16 due to increased business and need for security
services at Hutchins Street Square. Projected revenue has been increased to cover any anticipated additional expense,
resulting in no net changes to PRCS fund balance.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date:
Department Head Signature:
Res No: Attach copy of resolution to this form.
8. APPROVAL SIGNATURES
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Division with any required documentation
Final approval will be provided in electronic copy format
1. AA#
2. JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
TO:
Internal Services Dept. - Budget Division
ACCOUNT #
3. FROM:
Jeff Hood 5. DATE:
6/1/16
4. DEPARTMENT/DIVISION: PRCS Administration
6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
200
20071200
54363
Rent HSS (FY 16/17))
$18,000
200
20071300
57303
PAC Box Office (FY 16/17))
$2,000
B.
USE OF
FINANCING
200
20071200
72450
Misc. Contract Services (FY 16/17)
$18,000
200
20071300
72450
Misc. Contract Services (FY 16/17)
$2,000
7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Increase appropriation for Miscellanous Contract Services for 2016/17 fiscal year due to increased business and need for
security services at Hutchins Street Square. Projected revenue has been increased to cover any anticipated additional
expense, resulting in no net changes to PRCS fund balance.
If Council has authorized the appropriation adjustment, complete the following.
Meeting Date:
Department Head Signature:
Res No:
1
Attach copy of resolution to this form.
8. APPROVAL SIGNATURES
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Division with any required documentation
Final approval will be provided in electronic copy format
RESOLUTION NO. 2016-99
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH LYONS SECURITY SERVICES, INC., OF
ORANGE, FOR SECURITY SERVICES AT HUTCHINS
STREET SQUARE AND FURTHER APPROPRIATING FUNDS
WHEREAS, the growing success of Hutchins Street Square as a rental and events
venue means greater need for various services, such as security; and
WHEREAS, the existing contract with Lyons Security, the security provider at
Hutchins Street Square since 2012, has a $40,000 annual limit; and
WHEREAS, Parks, Recreation and Cultural Services wishes to increase the annual limit
(not -to -exceed amount) from $40,000 to $60,000 to account for greater facility use without
needing additional City Council approval through the contract term of August 7, 2018 (plus two
one-year extensions).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with Lyons Security Services, Inc., of Orange, California, for security services at
Hutchins Street Square, increasing the annual not -to -exceed amount from $40,000 to $60,000;
and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached
Appropriation Adjustment Request Form.
Dated: June 15, 2016
I hereby certify that Resolution No. 2016-99 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
-)1(Z-12-4&124,41
NNIFEFI. FERRAIOLO
City Clerk
2016-99
1. AA#
2. JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
TO:
Internal Services Dept. - Budget Division
3. FROM: Jeff Hood
4. DEPARTMENT/DIVISION: PRCS Administration
5. DATE:
6/1116
6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
200
20071200
54363
IRent HSS (FY 15/16)
$20,000
$
B.
USE OF
FINANCING
200
20071200
7240
,Misc. Contract Services (FY 15/16)
$20,000
7, REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Increase appropriation for Miscelfanous Contract Services for 2015/16 due to increased business and need for security
services at Hutchins Street Square. Projected revenue has been increased to cover any anticipated additional expense,
resulting in no net changes to PRCS fund balance.
if Council has a:ithorized the appropriation adjustment, complete the following:
IPeetlog Date.
Department Head Signature:
Res No:
/ Attach copy of resolution to this form.
1.
8. APPROVAL SIGNATURES
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format,