HomeMy WebLinkAboutReso 142-22 Approving the Second Amendment to Agreement with Metro Security Services for Security ServicesRESOLUTION NO. 142 — 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE SECOND AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH METRO SECURITY SERVICES FOR SECURITY SERVICES
WHEREAS, incidents of vandalism occurred at The Wave Waterpark in December 2021
and April 2022; and
WHEREAS, on August 6, 2022, the City of Dublin and Metro Security Services entered into
an agreement to mitigate risks, including further vandalism, and to detect any suspicious activity;
and
WHEREAS, the Parties executed a first amendment to the agreement to extend the term
and to increase the total compensation; and
WHEREAS, the City and Contractor now wish to execute a second amendment to the
agreement to extend the term to June 30, 2023 and to increase the compensation to $132,686.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the second amendment to the Agreement with Metro Security Services.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
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ATTEST:
—DocuSigned by:
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City Clerk
Reso. No. 142-22, Item 4.7, Adopted 12/06/2022 Page 1 of 1
Exhibit A
AMENDMENT #2 TO CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
METRO SECURITY SERVICES
WHEREAS, on AUGUST 6, 2022, the City of Dublin (hereinafter referred to as "CITY") and Metro
Security Services, (hereinafter referred to as "CONTRACTOR") entered into a Contracting Services
Agreement for Private Security services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the Parties executed a first amendment to the AGREEMENT to extend the term and to
increase the total compensation to $44,960; and
WHEREAS, the existing AGREEMENT expires on December 31, 2022; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the AGREEMENT to extend the
term to June 30, 2023 and to increase the compensation under Section 2.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June
30, 2023, and Contractor shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect the City's
right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this
Agreement may be extended on a month -to -month basis for up to 6 months upon the written consent of
the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A
does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as
provided for in Section 8.
Section 2 (Compensation) is amended to change the not to exceed amount to $132,686.
2) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the
terms and conditions of the AGREEMENT.
3) All requisite insurance policies to be maintained by the CONTRACTOR pursuant to the Agreement, as
may have been amended from time to time, shall include coverage for the amended term, as described
above.
4) The individuals executing this Amendment and the instruments referenced in it on behalf of
CONTRACTOR each represent and warrant that they have the legal power, right and actual authority to
bind CONTRACTOR to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 1of2
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
METRO SECURITY SERVICES
By: By:
Linda Smith, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 2 of 2
DocuSigned by:
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Sulaiman Noory, veneral Manager