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HomeMy WebLinkAboutAgenda Report - July 19, 2017 C-10TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM Gio AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement With Lyons Security Services, Inc., of Orange, CA MEETING DATE: July 19, 2017 PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION Adopt resolution authorizing the City Manager to execute Amendment No. 2 to Professional Services Agreement with Lyons Security Services, Inc., of Orange, CA. BACKGROUND INFORMATION: The growing success of Hutchins Street Square as a rental and events venue means greater need for various services, such as security. All security expenses are passed through to our renters or, in the case of most City -sponsored events, recovered through ticket revenue. Lyons Security, the security provider at Hutchins Street Square since 2012, recently notified Parks, Recreation and Cultural Services (PRCS) staff that it is having difficulty providing security officers because of low pay. PRCS pays Lyons Security $17.85 an hour per officer, compared to $17 an hour in the 2012-2015 term of the first contract. Lyons pays it security officers above minimum wage. California's minimum wage increased $0.50 on January 1, 2017, and is scheduled to increase $0.50/ hour January 1, 2018, then $1/hour per year the next four years. Lyons is currently having difficulty hiring enough guards to serve Hutchins Street Square given the increasing number and size of events at the facility. This problem will only be exacerbated by the minimum wage increases. In order to attract more employees, Lyons requests a modification to the existing three-year contract (expiring August 7, 2018, with two one-year options) by increasing the hourly rate by $2, from $17.85 to $19.85. Staff supports Lyons' request for several reasons. First, Lyons Security has been an excellent partner with PRCS and we value the relationship and would like it to continue. Second, increasing the rate will allow Lyons to hire more security officers, especially in the Lodi area, to provide the number needed for multiple events at the Square. Third, all security officer costs are passed through to renters, so the increase will have only a minimal effect on PRCS' operating expenses for City -sponsored events. The City Council approved Amendment No. 1 on June 15, 2016, which increased the maximum annual fees from $40,000 to $60,000 in order to keep up with increased need for security services at Hutchins Street Square. Amendment No. 2 only increases the hourly rates as shown on Exhibit B of the Professional Services Agreement. APPROVED: -. en Sc' - bau= r, City Manager Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement With Lyons Security Services, Inc., of Orange July 19, 2017 Page 2 FISCAL IMPACT: Minimal increase for City -sponsored events. FUNDING AVAILABLE. PRCS Rentals Account No. 20071200.72450; Performing Arts Theater Account No. 20071300.72450; Special Events Account No. 20073300.72450. Andrew Keys Deputy City Manager/Internal Services Director Jeff..:'/. P , Recreat s n and Cultural Services Director JH:tI cc: City Attorney \\Iodi.gov\Departments\PARKS REC\City Council\7-19-17 Lyons Security Amend 2 - AK Comments.doc 7/11/2017 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT LYONS SECURITY SERVICES, INC. THIS AMENDMENT No. 1 is made and effective this day of July, 2017, 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") and Amendment No. 1 on June 27, 2016, 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 ("Amendment No. 1"). The Agreement and the Amendment are attached hereto as Exhibits A and A- 1, respectively, and made a part hereof. The term of the Agreement is September 23, 2015 through August 7, 2018. 2. SECOND AMENDMENT: Contractor and City now desire to amend the Fee Proposal attached to the Agreement as Exhibit B, to increase the "Security Officer" rate to $19.85 per hour and $29.78 per hour for overtime and holidays. 3. All other terms and conditions remain as set forth in the Agreement, except to the extent such are modified by Amendment No. 1 or this Amendment No. 2. CITY OF LODI, a municipal corporation CONTRACTOR STEPHEN SCHWABAUER LYONS SECURITY SERVICES, INC. City Manager By: Attest: Title: JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PLfAPOSE Section 1.1 Parties - Q1 by and between the CITY THIS AGREEMENT Is entered into on 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 Tirrie 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 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 MeetinAs 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 2 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 at 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 shall 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 3 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 thls requirement. CONTRACTOR further agrees to maintain such records tor a period of three (3) years after final payment under thls Agreement. ARTICLE 4 MISCELLANEOUS PROVISION Section 4.1 No i div:riI11i11atIQt1 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 thls Agreement, provided that any such claim, damage, Toss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed 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. 4 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 Responsibility of CITY 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 shall 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 Hood To CONTRACTOR: Lyons Security Service, Inc. 2582 N. Santiago Blvd. Orange, CA 92887 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. 5 Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that In undertaking the duties to be performed under this 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 Attorneys Fres This Agreement shall 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 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City 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 Intectration 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 Ownershin of Documents 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. 7 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 FundinQConditinns ❑ 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. ATTEST: JE Cit ALAI . �11i1 IFER M4 ERRAIOLO Clerk CITY OF LODI, a municipal corporation ST HENS WABAUER City Manager APPROVED AS TO FORM: LYONS SECURITY SERVICE, INC. .. fov- JANICE D. MAGDICH, City Attorney i ),i By: lr,_ rt ' , By: G u,,- -'.-k-t- r,/ Name: .a4 le RAI G� al Le Title: '„v,rds.,jr Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit 0 — Federal Transit Funding Conditions (if applicable) Funding Source: 200713O0,200712O0,2OD73300 (Business Unit & Account No.) Doc ID: CA,Kev.01.2015 8 Exhibit A A. Scope cf Services for Hutchins Street Square Community Center 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 on 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 (i.e. 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. Bating 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 sale environment for all individuals. The guerd(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 shall 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 perforin 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, clean 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. All 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 or 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 all 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 radio issued by HSS facility staff. 14 B. Addendum — Map of HSS facilities. ADDENDUM TO SCOPE OF SERVICES MAP OF HUTCHINS STREET SQUARE FACILITIES / I WEE1 OAK STREET I j• 'J 'r •••• ...r 1'1 t 44: • v• 41#, ' • C116, North ParkiN Porlk (7t.choi; Play4roiind iCzny Huiolitris) Ladirif; UCk crLtIfiriiVAFLr 1419 tli9atvi it COO. Ainp,tliotrk .1.9) Illorm: l'hoktri k flthry qr r;Ittori Ijf iifox Co riftroci fen itr 4:1 Rauh kirilt 14411 Alumni Hau 44, Folo di, Pool (12, ardor Cklitkr 110. MA Ly Carle 10 b9t 41 If rging 6 (4 'atoll) Paeki% lbt 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 $40000.00. 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 1 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 Government 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) Primary and Non-Contrlbutofy 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 11 of 2 pages Risk: rev.08.2015 Insurance Requirements for Contractoa (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. Severability of tnterest 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. Notice of Cancellation or Chane 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. (e) (f) (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 Comply 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 (1) 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] j 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 1 of 2 pages 1 Risk: rev.08.2015 EXHIBIT A-1 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: 1. 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. 2. 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 Jmoi. u?� r� STEP E SCHWAB "UE City Manager Attest: NIFE'i . FERRAIOLO ity Clerk Approved as to Form: f JANICE D. MAGDICH City Attorney LYONS SECURITY SERVICES, INC. By: V.,...a. i -4E` r\ GLn:. & c4?•• Title: Exhibit B City of Lodi Standard Professional Services Agreement Hutchins Street Square Security Guard Services Security Officer: $19.85 per hour, $29.78 per hour for Holidays. The annual fee is not to exceed $60,000.00. RESOLUTION NO. 2017-132 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LYONS SECURITY SERVICES, INC., OF ORANGE WHEREAS, the City entered into a Professional Services Agreement with Lyons Security Services, Inc., for security services at Hutchins Street Square, in an amount not to exceed $40,000 per year, with the term of the Agreement from September 23, 2015, through August 7, 2018; and WHEREAS, Lyons Security Services has been an excellent provider of security services for the Parks, Recreation and Cultural Services Department at Hutchins Street Square; and WHEREAS, the increase in State -mandated minimum wage is having an negative effect on Lyons Security Services' ability to recruit security officers under the terms of the existing fee agreement with the City; and WHEREAS, nearly all costs of providing security officers at Hutchins Street Square are passed through to renters of the facility; and WHEREAS, the City entered into Amendment No. 1 with Lyons Security Services, Inc., on June 27, 2016, increasing the maximum annual fees from $40,000 to $60,000 in order to keep up with increased need for security services at Hutchins Street Square; and WHEREAS, Contractor and City now desire to enter into Amendment No. 2, amending the Fee Proposal attached to the Agreement as Exhibit B, to increase the "Security Officer" rate to $19.85 per hour and $29.78 per hour for overtime and holidays. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Contract Amendment No. 2 to the Professional Services Agreement with Lyons Security Services, Inc. of Orange, California, amending the hourly rate for Security Officers to $19.85 per hour and $29.78 per hour for overtime and holidays, with a total contract not -to -exceed amount of $60,000 annually. Dated: July 19, 2017 hereby certify that Resolution No. 2017-132 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 19, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Non- NIFER. FERRAIOLO City Clerk 2017-132