HomeMy WebLinkAboutAgenda Report - May 2, 2018 C-10TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
C-10
Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to
Professional Services Agreement with Lyons Security, Inc., of Orange, to Extend
Security Services to Lodi Public Library and Exercise Option to Extend Agreement
for One Year (Not To Exceed $120,000)
May 2, 2018
Parks, Recreation and Cultural Services Director/Acting Library Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Adopt resolution authorizing City Manager to execute Amendment
No. 3 to Professional Services Agreement with Lyons Security, Inc.,
of Orange, to extend security services to Lodi Public Library and
exercise option to extend Agreement for one year in an amount not
to exceed $120,000.
The Lodi Public Library is in need of security services to ensure
compliance with its behavior policy, and protect staff and patrons
from potentially violent visitors.
Undesirable conduct ranges from eating in the Library, bringing in carts filled with personal belongings to
violent threats. In recent weeks, a female patron and a child were threatened by a mentally unstable
patron who was waving a mallet, and another visitor made bizarre death threats against a staff member.
Staff and patrons deserve to enjoy a library free of fear, unnecessary distractions and obstacles. The vast
majority of Library staff's time should be spent providing information, resources and services to visitors
and volunteers, ensuring the library's book, magazine and other media collections are processed timely,
and providing administrative services.
In late 2017, Library staff and the Board of Trustees began discussing the option of hiring security
service. Rather than solicit a new security service, the Library Director reached out to Lyons Security,
which provides security services for Hutchins Street Square under a Professional Services Agreement
with Parks, Recreation and Cultural Services (PRCS) that expires August 7, 2018. The Library has
reduced some material purchases in the current fiscal year in order to have funding for this service. The
Lodi Public Library Board of Trustees has approved of this exchange, and on April 9, 2018, endorsed
staff's proposed budget for Fiscal Year 2018/19, which includes $60,000 for security services. The
$60,000 in security services for the Library will not require any reductions in staffing, public hours or
materials in the next fiscal year.
With the Library's desire to add service, and PRCS and Lyons Security interested in exercising the option
available under the Agreement to extend the terms by one year, staff asks the Council to combine these
actions into a single resolution. The not -to -exceed amount overall is $120,000, divided evenly between
PRCS and the Library. Due to increasing wage costs, the charge for security at the Library will be $21.40
per hour, with security costs at Hutchins Street Square increasing from the current rate of $19.85 to
$21.40 on August 8, 2018. Although the security services at the Library are a cost that must be absorbed
APPROVED:
en Soh uer, City Manager
Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services Agreement with Lyons
Security, Inc., of Orange, to Extend Security Services to Lodi Public Library and Exercise Option to Extend Agreement for One
Year (Not To Exceed $120,000)
May 2, 2018
Page 2
through the budget appropriation, the cost of security for Hutchins Street Square is typically passed
through to renters.
PRCS and Library requests the City Council adopt the attached resolution authorizing the City Manager
to execute Amendment No. 3 to the Professional Services Agreement for Lyons Security Services adding
security services to the Library and extending the Agreement through August 7, 2019, for an amount not
to exceed $120,000 annually.
FISCAL IMPACT
FUNDING AVAILABLE:
JH:tI
cc: City Attorney
Attachments
Most charges for security services at Hutchins Street Square are recovered
as part of rental agreements, so a minimal increase to PRCS. Library
security services are not to exceed $60,000 annually. Providing security to
the Library could potentially offset other claims stemming from dangerous
behaviors.
PRCS funding for charges beginning August 8, 2018, will be included in
Fiscal Year 2018/19 budget proposal; Fees for Library security are
available in Fund 120 through June 30, 2018. Cost of security services in
FY 2018/19 will be included in the proposed budget.
Andrew Keys
Deputy City Manager/Internal Services Director
Jeff Hood
Parks, ,Ree feation and Cultural Services Director and
Acting Library Director
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
LYONS SECURITY SERVICES, INC.
THIS AMENDMENT No. 3 is made and effective this day of May 2018, by and between the CITY
OF LODI, a municipal corporation, hereinafter called "CITY", and LYONS SECURITY SERVICES, INC., a
California Corporation, 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
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 Hutciins Street Square requiring security services
(collectively "Agreement"). 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: On September 6, 2017, Contractor and City amended the Fee Proposal to
the Agreement to increase the "Security Officer" rate to $19.85 per hour and $29.78 per hour for
overtime and holidays. The Second Amendment is attached hereto as Exhibit A-2 and made a part
hereof. References to the "Agreement" include the Second Amendment.
3. THIRD AMENDMENT: Contractor and City now desire to amend the Agreement to:
a) Include providing security services at the Lodi Public Library, in the amount not to exceed
$10,000 through August 7, 2018, and to increase the "Security Officer" rate to $21.40 per hour for
services at the Lodi Public Library only. The descrip:ion of services and charges is attached hereto
as Exhibit B and made a part hereof; and
b) Execute the option under Section 2.7 of the Agreement to extend the Agreement for a one-year
term commencing August 8, 2018 through August 7, 2019 for services at Hutchins Street Square
and the Lodi Public Library. The description of services and charges is attached hereto as Exhibit B
and made a part hereof.
TERMS AND CONDITIONS: Total annual fees under the Agreement are not to exceed $120,000.
The term "Annual" refers to a 12 -month period starting July 1, 2018 and ending June 30, 2019. All
other terms and conditions will remain as set forth in the Agreement.
CITY OF LODI, a municipal corporation CONTRACTOR
STEPHEN SCHWABAUER LYONS SECURITY SERVICES, INC.
City Manager a California Corporation
By:
Attest:
Title:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
When security officers are assigned to Hutchins Street Square, they shall perform duties as outlined in the
original Agreement dated September 23, 2015.
When assigned to the Lodi Public Library, one guard shall be placed at the Lodi Public Library, 201 W.
Locust St., Lodi, California, as follows:
From contract execution through June 30, 2018: 38 hours of service per week, which shall be from 10
a.m. to 5 p.m. Saturdays and Sundays; and 1 p.m. to 7 p.m., Mondays, Tuesdays, Wednesdays and
Thursdays. No services will be assigned on Memorial Day, May 28.
From July 1, 2018 through June 30, 2019, pending City Council adoption of the Fiscal Year 2018/2019
budget to include $60,000 for security services at the Lodi Public Library, Lyons Security Services shall
provide a security officer for up to 2,800 hours upon a mutually agreeable schedule with the Library
Director.
All incident reports shall be submitted within twenty-four (24) hours to c/o Lodi Public Library
Attn: Library Director
201 W. Locust St.
Lodi , California 95240
Incident reports may be submitted by email to the Director and the City of Lodi Risk Manager.
The Lyons Security Officer's authority and services are restricted to the geographical boundaries of the
Lodi Public Library.
The Security Officer will be a certified Security Officer equipped with a cellular phone, a Lyons uniform
and a Lyons identification badge to safeguard the property of the Library, its employees and patrons. The
Officer shall enforce the Library Behavior Policy; shall patrol the complex grounds by foot during
contracted hours; shall protect against vandalism, theft, or any acts of aggression toward the buildings and
surrounding property, the personal property of the tenants and employees, and the tenants' and
employees' physical well-being; and shall challenge any intruder suspected of the above acts and notify
the local authorities for assistance.
Exhibit B
City of Lodi
Standard Professional Services Agreement
Hutchins Street Square Security Guard Services shall be billed at $19.85 per hour
through August 7, 2018, and $21.40 per hour from August 8, 2018 through August
7, 2019. The total fee is not to exceed $60,000 between July 1, 2018 and June 30,
2019.
Lodi Public Library Security Guard Services shall be billed at $21.40 per hour
upon contract execution through August 7, 2019. The total fee is not to exceed
$10,000 between the contract execution date and June 30, 2018, and shall not
exceed $60,000 between July 1, 2018 and June 30, 2019.
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentafion electronically
Insurance Reuuirements for Most Contracts
(Not construction or reauirina professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38: and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, anc volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its Lace or as an endorsement, a description of the proiect
that it is insuring.
(d) Severability 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 under the Contractors commercial general liability and automobile liability policies.
(e) Notice 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.
Page 1 1 of 2 pages 1 Risk: rev. 3/1/2018
(f) 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. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of cove -age 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.).
(g)
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 (1st) day of the month following the City's notice. Notwithstanding any 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.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) 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.
Page 21 of 2 pages Risk: rev. 3/1/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on�4P-Vc by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY"), and Lyons Security Service, Inc.
(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 end Completion of Work
CONTRACTOR shall commence work pu'suant 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 §taffinq
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 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 hn 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 thls 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 thls Agreement, provided that any such claim, damage, loss, 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.
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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 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.
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Section 4.10 CONTRACTOR is Not an En-mimic° 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 wark 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 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
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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 Terrns 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 Severabiltt}t
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 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.
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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 Fundin i Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event cf 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 IFER M ERRAIOLO
Cit Clerk
APPROVED AS TO FORM:
,,- JANICE D. MAGDICH, City Attorney
I///
By:
Attachments:
Exhibit A -Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (1f applicable)
CITY OF LODI, a municipal corporation
ST 'HEN S WA=AUER
City Manager
LYONS SECURITY SERVICE, INC.
By: �R
Name: x0.sA"1.e G c d t L e
Title: 're',ovR r -
Funding Source: 2007'1300.200r 200,20073300
(Business Unit & Account No.)
Doc ID:
CA:Rev.01.2015
Exhibit A
A. Scope of 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 befo~e 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 ail 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 dities. 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 anc 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 sate
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 e
private citizen. The security compaly 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 foot. The guard(s) will be
required to perform security sweeps of the parking tots 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. Ali 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. 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 al HSS
facilities.
6. Ali 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/ ndividuals 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 F-utchins 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 Wanless necessitated as part of their
patrol duties. Guards shall refrain from onsite visitors at all times while
on duty.
S. 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 Stall at all times while on duty at the HSS facility.
13. Security guard(s) 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.
0
ADDENDUM TO SCOPE OF SERVICES
MAP OF HUTCHINS STREET SQUARE FACILITIES
WEST OAK STREET
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it Thome 11%101 dr Oalltry
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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 sha I 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 •etentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set -orth 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 t11185) 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 -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 proiect 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 I 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) Severability 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)
(g)
Notice of Cancellation or Chance in Goveracte 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.
Continuity of Coverace
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 snail 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 Comoly
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 (1B) 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.
(i)
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 1- Risk: rev.08.2015
Exhibit B
city of
Standard Profe Tonal 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.
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
LYONS SECURITY SERVICES, INC,
THIS AMENDMENT No. 1 is made and effective thisfilte' 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.
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
STEP SCHWAB
City Manager
Attest:
NIFE
ity Clerk
. FERRAIOLO
Approved as to Form:
Y.
JANICE D. MAGDICH
City Attorney
LYONS SECURITY SERVICES, INC.
By: \)....a \.sev,, G1/4A:1 & 1 ck.
Title: '3 •c'e s' a\e-N- /V"
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
LYONS SECURITY SERVICES, INC.
Com`
THIS AMENDMENT No. 1 is made and effective this = day of dt. y, 2017, 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") 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 8, to increase the "Security Officer" rate to $19.85
per hour and $29.78 per hour for overtime and holidays.
3. Ali 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
S "I 5 HW "1B62
City Manager
Attest
IFER M. RRA
I(Nie\?1,0_04
IOLO
Clerk
Approved as to Form:
‘NICE rel MAGDICH
City Attorney
LYONS SECURITY SERVICES, INC.
By: \4 a.\ Com, \
Title: � es'. c'�
Exhibit B
City of Lodi
Standard Professional .Services Agreement
Hutchins Street Square Security Guard Services
Security Officer: 519.85 per hour, $29,78 per hour for Holidays. The annual fee is not to exceed
$60,000.00.
RESOLUTION NO. 2018-75
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
LYONS SECURITY SERVICES, INC., OF ORANGE, TO EXTEND
SECURITY SERVICES TO LODI PUBLIC LIBRARY AND
EXERCISE OPTION TO EXTEND AGREEMENT FOR ONE YEAR
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 Lodi Public Library Board of Trustees desires to hire security services at
the Library to ensure compliance with the Library's behavioral policy and protect staff and
patrons from the harmful actions of others; and
WHEREAS, the Lodi Public Library Board of Trustees previously approved hiring
security services in Fiscal Year 2017/18 and, on April 9, 2018, voted unanimously in favor of a
proposed expenditure of up to $60,000 in Fiscal Year 2018/19 for security services; 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, due to
increased need for security services at Hutchins Street Square; and
WHEREAS, the City entered into Amendment No. 2 with Lyons Security Services, Inc.,
on September 6, 2017, amending the Fee Proposal to increase the "Security Officer" rate to
$19.85 per hour and $29.78 per hour for overtime and holidays to assist Lyons Security
Services in obtaining a quality workforce; and
WHEREAS, nearly all costs of providing security officers at Hutchins Street Square are
passed through to renters of the facility; and
WHEREAS, the Parks, Recreation and Cultural Services Department desires to
exercise the option to extend the Professional Services Agreement as specified in the
Agreement for one year, from August 8, 2018, to August 7, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 3 to the Professional Services
Agreement with Lyons Security Services, Inc., of Orange, California, to extend security services
to the Lodi Public Library and exercise the option to extend the Agreement for one year, from
August 8, 2018, to August 7, 2019, in an amount not to exceed $120,000, divided equally
between the Lodi Public Library and the Parks, Recreation and Cultural Services Department at
Hutchins Street Square.
Dated: May 2, 2018
I hereby certify that Resolution No. 2018-75 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 2, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
N IFE . FERRAIOLO
City Clerk
2018-75