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03.10 Park Security Services 4th Amendment oF ottqi` ��.S�d �,,.....Oq .....,(Y �CORP ATF�. ^ �' 4= AGENDA ITEM �y�F�o�.6_.Gp��F°� � February 12, 2019 � TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Bonnie Hagan, Community Services Director��� REVIEW: City Mana r ' Finance ��� 1. SUBJECT Fourth Amendment to Professional Services Agreement with Lyons Security Service Inc. 2. SUMMARY This fourth amendment increases the amount available for the remaining agreement terms by $25,000 each year, for a new annual not to exceed amount of $110,000. 3. RECOMMENDED ACTION Approve the amendment and authorize the Mayor and City Clerk to execute on behalf of the City. 4. FISCAL IMPACT The total expenditure for this amendment is $50,000 and will be funded through General Fund (100). 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community a: Provide staffing and resources to deliver senrices that ensure public safety. Goal 4: Provide outstanding public service b: Provide facilities and services to meet customer expectations. 6. DISCUSSION AND BACKGROUND Background Over the past few years, the City has employed the services of a private security firm to patrol city parks during non-operating hours. This strategy has proven very effective in reducing vandalism such as graffiti, electrical wire theft, damaged doors, windows, bonfires, and broken trees, as well as ensuring compliance with park closure hours. Complaints from residents regarding illegal overnight activity have also decreased or ceased completely. A security presence in the parks acts as a deterrent to these ITEM 3 • � � � 02/12/2019 behaviors and provides the City with an alternative to utilizing Orange Police Department resources. On June 22, 2016, the City entered into a contract with Lyons Security Inc. to provide security patrols for our parks for a one-year term, with options for three, one-year renewals. The original contract was $70,000 per year, which allowed for patrolling to occur in nightly seven-hour shifts at selected parks. On June 21, 2017, a first amendment renewed the contract for Fiscal Year 2017-2018 (FY18) in the same amount of $70,000. On January 9, 2018, City Council authorized a second amendment, increasing the FY18 agreement amount by $30,000. On July 10, 2018, City Council authorized a third amendment, increasing the annual not to exceed amount by $15,000 as well as incorporating a scope update to revise the security officer hourly rate. Attached for reference is the Lyons Security Agreement Summary providing a visual overview of the contract from its inception. Discussion Based on the upward trend of after-hours activity throughout the city, patrols have continued to be increased. The heightened level of patrols coupled with the increased wage rates has expended the contract amount at a higher rate than previous years. An additional annual amount of $25,000 is necessary to continue to provide these services to the community at its current level and effectiveness. An appropriation for $25,000 of unreserved fund balance has been included in the mid-year budget report to support this amendment for FY19. Funding for Fiscal Year 2019-2020 (FY20) is dependent upon approval of the annual operating budget. 7. ATTACHMENTS 1. Lyons Security Agreement Summary 2. Fourth Amendment to Agreement No. 6355 ITEM 2 02/12/2019 LYONS SECURITY AGREEMENT SUMMARY � - � Ori inal. 1st Extension 2nd,Extension 3rd Extension � Combined Dates of Contract 6/22/16-6/30/17 7/1/17-6/30/i8 7/1/18-6/30/19 7/1/i9-6/30/20 6/22/16-6/30/20 Base Amount $ 70,000 $ 70,000 $70,000 $70,000 $280,000 Total Contract Amount $70,000 $�70,000 $70,000 , $70,000 $280,000 1st Amendment � 0 0 Execution of 1st Extension � ; - 0 . . 70,000 „ , 0 , � �' ". e, _ . . 0 70,000 2nd Amendment 0 30,000 0 30,000 adds additional atrol hours 0, • 100,000 ° 0 , 0 100,000 3rd Amendment . , � 0 15,000 `15,000 30,000 (Execution of 2nd Extension, , " ' � . ' � ; • ,• additional funding to account � ' for hourl increase • 0, 0: 85,000 . �85,000 170,000 4th Amendment (Increased.funding for 2nd ' � and 3rd extensions to .:. .. 0 : ; 25 000 - 25;000 50,000 . ,.. maintain necessa atrollin` ' ° � � • � � � #��� ir �� � x � �` Increase��otal� � � $ 0 �$a0 $'25,OOU� >���$�25,0`�00�� $50,000� � �=rw�"�„s�:t. �' r�,�" . ��, � .,t. �,,. � ��`: Revised Annual Total with Increases $70,000 $ 100,000 $ 110,000 $ 110,000 $390,000 Attachment 1 AGR-6355.4 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT � This Fourth Amendment to Professional Services Agreement (the "Fourth Amendment") is made and entered into as of , 2019,by and between the CITY OF ORANGE, a municipal corporation (the "Cit}�'), and LYONS SECURITY SERVICE, INC., a California corporation(herein referred to as the"Contractor"),with reference to the following: A. The City and the Contractor entered into that certain Professional Services Agreement (Agreement No. 6355) dated as of June 22, 2016 (the "Original Agreement"), which was later amended by that certain First Amendment to Professional Services Agreement, dated as of June 21, 2017 (Agreement No. 6355.1) (the "First AmendmenY'), which was later amended by that certain Second Amendment to Professional Services Agreement, dated as of January 9, 2018 (Agreement No. 6355.2) ("the Second Amendment"), which was later amended by that certain Third Amendment to Professional Services Agreement, dated as of July 10, 2018 (Agreement No. 63553) ("the Third Amendment"). The Original Agreement and the First, Second, and Third Amendments are incorporated herein by this reference; and B. The City and the Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. The City and Contractor hereby agree that all references in the Original Agreement or this Fourth Amendment to the "Original Agreement" are deemed and construed to refer to the Original Agreement, as unplemented by this Fourth Amendment. Section 4. Compensation. The total not-to-exceed compensation (exclusive of reimbursables) set forth in Section 4 of the Original Agreement for the services to be rendered under the Second and Third Extension Terms was the sum of SEVENTY THOUSAND DOLLARS and 00/100 ($70,000.00), respectively. Section 4 of the Original Agreement was amended by the Third Amendment to provide for an increase of FIFTEEN THOUSAND DOLLARS and 00/100 ($15,000.00) to each remaining Extension Term. Section 4 of the Original Agreement is hereby amended to provide for an increase of TWENTY FIVE THOUSAND DOLLARS and 00/100 ($25,000.00) in the total not-to-exceed compensation such that the Contractor's total compensation under the Original Agreement for the Second and Third Extension Terms, respectively, as amended by this Fourth Amendment shall not exceed ONE H[JNDRED TEN THOUSAND DOLLARS and 00/100 ($110,000.00)without prior authorization of the City. Section 5. Inte�ration. This Fourth Amendment, the agreements specifically referred to � herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Fourth Amendment amends, as set forth herein, the Original Agreement and the First, Second and Third Amendments and, except as specifically amended hereby, the Original Agreement and the First, Second and Third Amendments shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terxns and provisions of the Original Agreement and/or the Fourth Amendment,the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written. "CONTRACTOR" "CITY" LYONS SECURITY SERVICE, INC., CITI'OF ORANGE, a municipal corporation a California corporation *By: By: Printed Name: Mark A.Murphy,Mayor Title: *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz Senior Assistant City Attorney *NOTE: The City requires the following signature(s) on behalf of the Cansu[tant: -- (1) the Chairman of the Board, the President or a �ce President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate ojficer ho[ds more than one corporate office,please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement A copy of the corporate resolution, certified by the Secretary close in time to the e�recution of the Agreement,must be provided to the City. 2