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HomeMy WebLinkAboutContracts & Agreements_5-1993_CCv0001.pdf AGREEMENT FOR SECURITY SERVICES This Agreement is made this 19th day of January, 1993 , by and between QUALIFIED SECURITY AND SECURITY K-9 (hereinafter "Security Company") and the CITY OF REDLANDS (hereinafter "City") RECITALS WHEREAS, City has authorized the Downtown Redlands Business Improvement District Advisory Board (hereinafter "BID") to seek the services of a private company to provide security services within City's Parking and Business Improvement Area "A;" and WHEREAS, Security Company has represented to City and BID that it provides professional security services and has the necessary experience, knowledge, skill and expertise to provide such services; and WHEREAS, BID has reviewed the qualifications of Security Company and has recommended to City that it contract with Security Company to provide security services; and WHEREAS, City desires to engage Security Company to render the security services set forth herein, and Security Company agrees to perform such services, all in accordance with the terms and conditions hereof; NOW, THEREFORE, in consideration of the mutual promises set forth herein the City of Redlands and Qualified Security and Security K-9 hereby agree as follows: ACH148670 AGREEMENT 1. Provision of Services. Security Company shall provide security services within the boundaries of City's Parking and Business Improvement Area "All which is commonly known to be bounded by Redlands Boulevard on the north, Ninth Street on the east, Citrus Avenue on the south and Orange Street on the west (the "Business Improvement Area") , for the purpose of deterring potential property damage and loss. A. The security services shall be performed by a uniformed, radio-equipped security officer for a total of fifteen (15) days per month, for each month during the term of this Agreement. The security officer shall patrol the Business Improvement Area by foot in accordance with the schedule attached hereto as Exhibit "All and incorporated herein by this reference. Each day' s patrol shall consist of a six (6) hour shift, beginning at 11: 00 p.m. and concluding at 5: 00 a.m. the following day. B. Security Company shall only patrol public property and the public right of way and shall not enter upon private property to perform any of the services described in this Agreement. C. The security officer shall not carry and/or use any type of firearm in connection with the provision of security services to City or while on patrol. 2. Control and Payment of Subordinates. City retains Security Company on an independent contractor basis and Security Company is not an employee of City or BID. The personnel performing the services described in this Agreement on behalf of ACH148670 -2- Security Company shall at all times be under Security Company' s exclusive direction and control. Security Company shall pay all wages, salaries, and other amounts due such personnel in connection with its performance of services under this Agreement and as required by law. security company shall be responsible for all reports and obligations respecting such personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance and workers ' compensation insurance. 3 . Conformance to Applicable Requirements. All services performed by Security Company shall be in compliance with the requirements of the California Business and Professions code and all other applicable federal, state and/or local laws and regulations. 4 . Standard of Care; Licenses. Security Company represents and warrants to City that it has all licenses! permits, qualifications and approvals of whatever nature that are legally required of it to perform the services described in this Agreement and Security Company shall perform such services in a skillful, careful and competent manner, and in accordance with the standards of industry. 5. Indemnification. Security Company shall defend, indemnify and hold City, BID and their respective elected officials, officers, employees and agents free and harmless from any and all liability, including court costs and attorneys' fees, from loss, damage, or injury to property or persons, including wrongful death, which in any manner arises out of, or is incident to, any act, omission or misconduct of Security Company, its ACH148670 -3- employees and agents, in the performance of Security Company' s obligations under this Agreement. Further, Security Company shall defend at its sole expense, City, BID and their officials, officers, employees, and agents in any action based upon such acts, omissions or misconduct. 6. Payment for Services. City shall pay Security Company for the performance of services described in the Agreement the sum of eight hundred seventy seven and fifty one-hundredths dollars ($877. 50) per month. 7. Written Reports. Security Company shall provide, written reports to City and BID documenting activity within the Business Improvement Area at the conclusion of each shift, and prior to the following shift. 8. Termination of Agreement. City and Security Company may each terminate this Agreement at any time and without cause by giving seven (7) days prior written notice of such termination to the other. Upon termination, Security Company shall be entitled to compensation only for those services which have been adequately rendered to City and for which City has not paid, and Security Company shall not be entitled to any other compensation. 9. Delivery of Notices. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: ACH148670 -4- City of Redlands 30 Cajon Street P.O. Box 3005 Redlands, CA 92373 Qualified Security and Security K-9 P. 0. Box 7118 35047 Avenue "D" Yucaipa, CA 92399 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the party at its applicable address. 10. Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by written agreement, signed by the parties hereto. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 13 . Term. The term of this Agreement shall be from January 19, 1993 until such time as it is terminated pursuant to the provisions in Section IV of this Agreement. 14 . Attorneys ' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to its costs and ACH148670 -5- other relief, be entitled to recover its reasonable attorneys' fees. IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first hereinabove written. CITY OF REDLANDS 3 By: --` Mayorit f icl ATTEST: CitiC erk QUALIFIED SECURITY AND SECURITY K-9 By: w Uri: Title: ACH148670 -6 - ATTACHMENT A Schedule for Security Service Downtown Redlands Business Improvement District 1993 January Monday, January 18 Tuesday, January 19 Wednesday, January 20 Thursday, January 21 Friday, January 22 Saturday, January 23 Sunday, January 24 Monday, January 25 Tuesday, January 26 Wednesday, January 27 Thursday, January 28 Friday, January 29 Saturday, January 30 Sunday, January 31 February Monday, February 1 Wednesday, February 3 Friday, February 6 Saturday, February 7 Monday, February 8 Thursday, February 11 Saturday, February 13 Sunday, February 14 Tuesday, February 16 Thursday, February 18 Friday, February 19 Sunday, February 21 Tuesday, February 23 Friday, February 26 Saturday, February 27 Sunday, February 28 March Wednesday, March 3 Friday, March Saturday, March 6 Monday, March 8 Tuesday, March 9 Thursday, March 11 Saturday, March 14 Wednesday, March 17 Friday, March 19 Saturday, March 26 Tuesday, March 2 Thursday, March 25 Saturday, March 29 Wednesday, March 31 Argil Thursday, April 1 Saturday, April 3 Monday, April 5 Wednesday, April 7 Friday, April 9 Saturday, April 10 Sunday, April 11 Tuesday, April 13 Thursday, April 15 Saturday, April 17 Monday, April 19 Wednesday, April 21 Friday, April 23 Tuesday, April 27 Thursday, April 20 mav Saturday, May 1 Sunday, May 2 Tuesday, May 4 Friday, May 7 Saturday, May 8 Sunday, May 9 Wednesday, May 12 Saturday, May 15 Monday, May 17 Thursday, May 20 Saturday, May 20 Monday, May 25 Friday, May 28 Saturday, May 29 Sunday, May 30 June Wednesday, June 2 Friday, June 4 Saturday, June 5 Monday, June 7 Thursday, June 10 Saturday, June 12 Sunday, June 13 Wednesday, June 16 Friday, June 18 Monday, June 21 Wednesday, June 23 Friday, June 25 Saturday, June 25 Sunday, June 27 Tuesday, June 29