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HomeMy WebLinkAbout7/16/2008 - STAFF REPORTS - 5.C. 4pA1/LIS �O aR Z U �n �'o Cq<�Fo6"'P City-Council Staff Report DATE: July 16, 2008 NEW BUSINESS SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH MAXWELL SECURITY FOR SECURITY SERVICES AT THE PALM SPRINGS TRAIN STATION ON GARNET STATION ROAD (AGREEMENT NO. 5630) FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY: This action is to approve an amendment to the contract services agreement with Maxwell Security Services Inc. ("Contractor") for expanding their current contract at the train station to include ongoing security, monitoring and reporting on Crucero bus service at the train station on Garnet Station Road. Currently the City has an agreement with Contractor for security to patrol the Train Station site, and to monitor and report on activities related to the Amtrak Train Service. On June 18, 2008, Council approved a 3 year Lease Agreement with Crucero to allow them to operate regional bus services out of the Train Station. Revenue from the Lease Agreement will help to offset some of the City's current costs as well as the additional casts incurred by their operations. RECOMMENDATION: 1. Approve Agreement No. amending the contract services agreement for security services at the Palm Springs Train Station (Agreement No. A5630) to include additional security services for bus service operations; 2. Authorize the City Manager or his designee to execute all the necessary documents. Item 5 . C . BACKGROUND: In November 2007, Crucero indicated they were interested in operating their regional bus services at the train station following numerous attempts to relocate from their original site at 311 North Indian Canyon Drive in downtown Palm Springs, The City entered into a Temporary Train Station Use Agreement with Crucero that will be superseded by a long term lease agreement (3 year term with option to extend an additional two years) which was approved by Council on June 18, 2008. The Lease will commence on August 1, 2008. Under the Lease Agreement, Crucero proposes to operate from the train station in the same manner that Amtrak serves the facility. In order to ensure for the safety of bus service passengers and efficient operation of services, security services at the train station needs to be expanded to include the patrolling, monitoring and reporting on scheduled and actual bus service. The City entered into an agreement with Maxwell Security Services Inc. ("Contractor") on January 31, 2008 for security at the train station site associated with the Amtrak train service and proposes to expand the existing contract to provide the additional service to bus passengers. The current agreement with the Contractor expires on January 31, 2009. At that time, either the contract with existing Contractor will be renewed, expanded or an RFP will be issued for a new contract. FISCAL IMPACT: The City will receive revenue of $1,300/month from Crucero under the Lease Agreement that will commence on August 1, 2008. The cost to increase the service contract with Maxwell Security Services Inc. (Contractor) to include patrolling, monitoring and reporting on bus service operations is $900/month based on the current bus sc edule Jo n S. ay o d, Director of Diana Shay Com unity & conomic Development Redevelopment Coordinator DAVID H. RE 'ADY Tom Wils, Executive Director Assistant City Manager Attachments- 1. Amendment No. 1 to the Contract Services Aqreement for Security Services at the Palm Springs Train Station AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR SECURITY SERVICES AT THE PALM SPRINGS TRAIN STATION THIS FIRST AMENDMENT to the Contract Services Agreement No. for security services at the Palm Springs Train Station, is made and entered into to be effective on the day of , 2008 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the City), and Maxwell Security Services, Inc. (hereinafter referred to as the Contractor) (collectively, the "Parties"). RECITALS A. City and Contractor previously entered into a contract services agreement for unarmed uniformed security services at the Palm Springs Train Station located at 6001 Garnet Station Road, which was made and entered into on February 1, 2008 (the "Agreement'). Unless extended by the Parties, the Agreement will expire on January 31, 2009, B. Section 1.8 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Parties for Additional Services- C. City and Contractor desire to amend the Agreement to authorize Contractor to perform additional services at the Palm Springs Train Station. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Amendment to Section 1.1, Exhibit "A" of the„Agreement, entitled "Scope of Services": Exhibit"A" of the Agreement is hereby amended to include the following additional services, which shall read as follows.- "Contractor shall provide ongoing security to monitor and report on activities related to Crucero bus services at the train station. The daily bus schedule is as follows, unless otherwise specified schedules are 7 days per week: 9:50 a.m. West bound 11:00 a.m. East bound 12:00 p.m West bound (Saturday and Sunday only) 3:00 p.m. West bound 3:30 p.m. East bound 5:45 p.m, West bound 7:00 p.m. East bound (Saturday and Sunday only) Contractor shall be on site at the train station during each scheduled and actual bus arrival/departure and ensure that bathrooms are unlocked and relocked. Contractor shall provide an unarmed uniformed security officer, the vehicle, communications equipment for the officer and all necessary supervision needed to patrol/monitor/report activities. 7/1/2008 1 Security coverage will be provided for each scheduled and actual bus arrival and departure at the Facility as provided. Contractor understands that the term "actual bus arrival" does not mean the same as "scheduled bus arrival" and that scheduled bus arrivals and departures frequently deviate from actual bus arrivals and departures. It is the Contractor's responsibility to contact Crucero Dispatch to ascertain the dates and times of actual bus arrival. The Security Officer will maintain a daily logbook, recording scheduled and actual arrival and departure dates and times, and all instances that may be of interest to supervisor's or the City's Contract Officer. The Security Officer shall complete an"Incidence Report" to be provided to the Contract Officer or his designee that includes all bus service incidences in the same manner as the train service under the existing agreement. 2. Amendment to Section 2.1 of the Agreement. entitled "Contract Sum": Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: "Contract Sum. For the services rendered under this Agreement, Contractor shall be compensated in accordance with the amended Schedule of Compensation set forth in Exhibit "C," which is attached hereto and is incorporated herein by reference, after: (1) completion of the services to be conducted under this Agreement; (2)the City's acceptance that the scope of services described in Exhibit"A"was properly and satisfactorily performed, and (3) the City's receipt of an invoice thereon. Except as otherwise provided in this Agreement pursuant to paragraph 1.10 above, the total payments to be paid for the services to be provided under this Agreement(collectively, "Contract Sum") shall not exceed a total of twenty nine thousand four hundred dollars ($29,400). Any invoice of services rendered to the City is to contain a complete and accurate description of all work to be charged pursuant to the invoice." 3. Amendment to Exhibit"C"of the Agreement, entitled "Schedule of Compensation Exhibit "C" of the Agreement, concerning total compensation, is hereby amended to read as follows: "Total Compensation: Total compensation for services provided hereunder shall not exceed $29,400." Breakdown: Current term expires 1/31/09 in the amount of$24,000 Additional Services at $900 per month, commencing August "L (6 months) _ $5,400 "Rate Schedule. For services rendered at the Palm Springs Train Station, services provided by Contractor shall be compensated at the following rates. $2000 per month for the services under the original Scope of Services. $ 900 per month for the additional Scope of Services as more fully described in this Amendment. 4. Amendment to Exhibit "D" of the Agreement, entitled "Schedule of Performance": Exhibit "D" of the Agreement is hereby amended to include the following additional provisions: 7/112008 2 Lf �J Cl'P�4 "Schedule of Performance: Services at the Palm Springs Train Station shall be provided seven days per week unless otherwise noted as follows: 9:50 a.m. West bound 11:00 a.m. East bound 12:00 p.m West bound (Saturday and Sunday only) 3:00 p.m. West bound 3:30 p.m. East bound 5:45 p.m. West bound 7:00 p.m. East bound (Saturday and Sunday only) 7. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full Force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. S. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii)by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and(iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 7ruzooa g 000005 IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above. °CITY, CITY OF PALM SPRINGS, ATTEST: a California charter city and municipal corporation By: By: James Thompson, City Clerk David H. Ready, City Manager APPROVED AS TO FORM: By: Douglas H. Holland, City Attorney Prepared and Reviewed by: By: John S. Raymond, Director of Community and Economic Development [SIGNATURES CONTINUED ON NEXT PAGE] 7/112008 4 "CONTRACTOR" MAXWELL SECURITY SERVICES, INC., a California corporation CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following A Chairman of Board,President,or any Vice President: AND S.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title: State of = Slate of = County cf =$s County of =as On_,_before me, _ On before me, personally appeared personally appeared personally known to me (or proved to me on the basis Of personally known to me (or proved to me on the basis Of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that subscribed to the within instrumentand acknowledged to me that helshe/they executed the same in his/her/thelr authorized he/she/they executed the Same in his/her/their authorized capacity(ies), and that by his/her/their signeture(s) on the capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s),Or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument person(s)acted,executed the instrument, WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: