1 SECOND A M E N D M E N T T O A G R E E M E N T
THIS SECOND AMENDMENT TO AGREEMENT, dated for purposes of
identification only this 27th day of June, 2023 is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
LYONS SECURITY SERVICE, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, the parties have previously entered into a written agreement d ated February 1, 2019 to provide security services for the Salvation Army Emergency Shelter located at 1300 S. Lewis Street, Anaheim, California (hereinafter, the “Agreement”); and WHEREAS, in March of 2021 the partie s entered into a First Amendment extending the term of the Agreement by two years to January 15, 2023; and, (ii) increasing the compensation for the Agreement by an additional $2,879,289.60, and a not to exceed amount of $150,000 per year for additional security services on an as-needed basis.
WHEREAS, the parties wish to again amend the Agreement, to extend its term by one additional year to July 13, 2024; and, (ii) increase the compensation for the Agreement by an additional $1,367,282.40, as reflected in Exhibit A-2 and incorporated herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Agreement is hereby amended to incorporate new Exhi bit "A -2," attached hereto.
2 2. That Section 2 of the Agreement “TERM,” is hereby amended in its entirety to read as follows:
“The term of this Agreement shall commence on January 15, 2019 and shall terminate five (5) year thereafter, unless sooner terminated as provided herein ("Term"). In addition, the Housing and Community Development Director, or designee, is authorized to extend the Term of this Agreement for such time as may be reasonably necessary for completion of any outstanding services at the time. However, in no event shall such extension exceed six (6) months.
All parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget.
ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget herein. No penalty
shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the parties based on items delivered, services provided, monies paid and monies due.”
3. That Section 4.2 of the Agreement, “COMPENSATION,” is hereby amended in its entirety to read as follows:
“4.2 For Year One of the Agreement, ANAHEIM shall pay CONTRACTOR an amount of $376,564.08 or $31,380.34 monthly for the period of time beginning January 15, 2019 through December 31, 2019. For Year Two of the Agreement, ANAHEIM shall pay CONTRACTOR an amount of $413,808.00 or $34,484.00 monthly for the period of time beginning January 1, 2 020 through December 31, 2020. For Year Three of the Agreement, ANAHEIM shall pay CONTRACTOR an amount of $1,091,944.80 for the period of time beginning January 1, 2021 through December 31, 2021. For Year Four of the Agreeme nt, ANAHEIM shall pay CONTRACTOR an amount of $ 1,193,472.00 for the per iod of time beginning January 1, 2022 through January 14, 2023 . For the 6 month E xtension Option beginning January 15, 2023 through July 14, 2023, ANAHEIM shall pay 3 CONTRACTOR an amoun t of $592,393.2 0. ANAHEIM shall pay CONTRACTOR an amount of $1,367,282.40 for the period of time beginning July 1, 2023 through July 13, 2024. In addition, during the Term of the Agreement, for any additional needed security services, CONTRACTOR may provide these additional security services, in an amount not to exceed $150,000 per year.”
4. Except as expressly amended hereby, all the remaining provisions of the Agreement, as amended, shall remain in full force and effect.
5. CONTRACTOR and CONTRACTOR's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Second Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
6. This Second Amendment to the Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM.
[Signatures Appear on Following Page]
4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
DATE OF EXECUTION:
By_________________________________________
ATTEST:
By _________________________________
City Clerk of the City of Anaheim
"CITY"
LYONS SECURITY SERVICE, INC.,
a California corporation
DATE OF EXECUTION: By___________________________________
____________________ Printed Name__________________________
Title_________________________________
"CONTRACTOR"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By___________________________________
Bryn M. Morley
Deputy City Attorney
Date__________________________________
149227
5 EXHIBIT A-2
STARTS AFTER THIS PAGE
505 S. Villa Real, Suite 203A, Anaheim – www.LyonsSecurityInc.com – Telephone: (949) 298-6859 – Email: [email protected] Lyons Security Service, Inc., an Anaheim Business is submitting an updated Costs for City of Anaheim Emergency Shelter Years: July 1, 2023 through June 30, 2024. Anticipated Budget for July 1 2023 – June 30 2024 We have discussed in detail the security program with Salvation Army Management. When the program started on February 1st, 2019, the shelter had occupation for 224 individuals and Lyons Security Service, Inc. provided four 24-hour posts throughout the facility through 2 fixed manned posts and 2 roving posts. This gave us an ability to provide roughly 50:1 ratio on security to individuals at the shelter. Since 2019, the city has added 100 more occupants making the new total of individuals in the shelter, 324. Although the number of individuals being sheltered has grown, the security personnel number has not and we now sit with a ratio of roughly 80:1. This change has created a need to increase our security personnel to meet the needs of the individuals occupying the space within the facility. At this time, Lyons and Salvation Army both agree a need for a 5th guard is undoubtedly needed but also a possible 6th security officer as we have 1 security entrance and exit where we will be adding a metal detector that will slow down the traffic coming in and out. We would request these individuals only work during the day time hours of 6AM – 10PM as we can remain with 4 individuals during the overnight hours of 10PM – 6AM. Current Coverage 1. For 2023, we will be providing 120 Hours of Security Service a day, 365 days a year at an hourly rate of $30.92 for 357 days a year, and $46.38 per hour on 8 recognized holidays. The 120 Hours a day is broken down by the following coverage: a. 1 Guard, 24/7, at the front entrance of the parking lot to verify and allow the permitted entrance of pedestrian and vehicle traffic. b. 1 Guard, 24/7, at the Intake desk, signing in and out of individuals, verifying unauthorized items are not permitted. c. 1 Guard, 24/7, patrolling the trailers housing 324 residents d. 1 Guard, 24/7, patrolling the parking lot, assists with check-ins. e. 1 Guard, 24/7, working to assist staff throughout the property. 2. The total number of hours of service currently being provided per day is 120 2023 Breakdown: Basic Hourly Wage $20.00 $ 20.00 FICA Taxes $1.53 FUTA & SUTA $0.54 Worker's Compensation $1.52 $3.59 General Liability $0.69 Sub Total $ 24.28 Employee Benefits Sick Pay $0.28 Health Insurance $1.88 Paid Time Off (40 Hours) $0.50 Holiday $0.78 $3.44 Overhead/Management Accounting $0.19 Field Management Expenses $0.36 Project Manager Expense $0.61
505 S. Villa Real, Suite 203A, Anaheim – www.LyonsSecurityInc.com – Telephone: (949) 298-6859 – Email: [email protected] Office Expenses $0.22 Profit $0.24 Training $0.84 Uniform Fees $0.21 Equipment Expense $0.48 E & O Costs $0.04 TOTAL HOURLY RATE $30.92 Estimated Costs: 1. Anaheim Emergency Shelter Total Coverage: $1,367,282.40 a. 120 Hours of Daily Coverage at the AES: $1,093,825.92 b. Any Additional Coverage will be at the Hourly Rates: i. Regular Per Hour Costs: $30.92 ii. 7 Recognized Holidays Hourly Costs: $46.38