AMENDMENT NO. 1 TO AGREEMENT NO. C2023-153
Security Services-3380 Solano Avenue
City Budget Code: __________________
This Amendment No. 1 (“Amendment”) to City Agreement No. C2023-153 entitled Security Services-3380 Solano Avenue (“Agreement”), by and between the City of Napa, a California charter city (“City”), and Universal Protection Service LP, a California Limited Partnership, doing business as Allied Universal Security Services (“Consultant”) (“Consultant”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
City and Consultant entered into the Agreement, effective August 2, 2023 for an amount not to exceed $700,000, pursuant to which Consultant agreed to perform certain services described in the Agreement (“Services”), generally including security services for a non-congregate shelter located at 3380 Solano Avenue in Napa.
City has determined that additional Services (“Additional Services”) are required to continue, modify, or expand the Services performed under the Agreement, as set forth in the Scope of Additional Services and Schedule of Performance, attached hereto as Exhibit “A” and incorporated herein by reference.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:
INCORPORATION BY REFERENCE. Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates the Agreement by reference, except and only to the extent that any terms or conditions of the Agreement are specifically modified by this Amendment. All terms and conditions in the Agreement that are not specifically modified by this Amendment remain in full force and effect.
SCOPE OF ADDITIONAL SERVICES. Consultant will perform the Additional Services described in Exhibit “A” in accordance with the terms and conditions of this Amendment.
PAYMENT. City will compensate Consultant for satisfactory performance of the Additional Services in an amount not to exceed $55,000 in accordance with Exhibit “B” attached hereto and incorporated herein by reference. The cumulative total compensation payable to the Consultant will not exceed $755,000 without prior written authorization from the City (based on $700,000 for the original Agreement and any prior amendments thereto, plus $55,000 for this Amendment).
ENTIRE AGREEMENT. The Agreement, as modified by this Amendment, constitutes the entire integrated understanding between the parties concerning the Additional Services. This Amendment supersedes all prior negotiations, agreements and understandings regarding the Additional Services, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all, except and only to the extent otherwise specified. If any provision in an exhibit to this Amendment conflicts with or is inconsistent with a provision in the body of this Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
SIGNATURES; ELECTRONIC SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of Consultant and City. The parties agree that this Amendment may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the Effective Date set forth below.
CITY: CONSULTANT:
CITY OF NAPA, a California charter city UNIVERSAL PROTECTION SERVICES, a Limited Partnership By: By:
Steve Potter, City Manager Eric McGarty, Regional President Date:
(“Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney
EXHIBIT “A”
SCOPE OF ADDITIONAL SERVICES AND SCHEDULE OF PERFORMANCE SCOPE OF SERVICES. Consultant will perform the Additional Services described in this Exhibit “A,” in accordance with the terms of the Agreement.
GUARD SHACK
CONTRACTOR shall rent a Guard Shack to be placed on site as a post base for onsite security. CITY shall work with property owner to provide electricity for the Guard Shack and shall be responsible for reimbursing CONTRACTOR for actual costs related to delivery, monthly rental expenses, pick-up, and maintenance needed to operate the Guard Shack. CONTRACTOR shall submit itemized invoices to the City’s Authorized Representative detailing actual expenses incurred by CONTRACTOR related to the Guard Shack.
SECURITY CAMERAS
CONTRACTOR shall purchase, install, and operate an Axis Communications video surveillance system onsite. The system shall include a total of six cameras with 4 lenses each, for a total of 24 lenses, in order to assist and notify onsite staff of issues on the site as they occur. Cameras shall be installed on the exterior corners of the facility to capture the exterior spaces, parking areas, and smoking areas. CONTRACTOR shall maintain 12 TB of recording space, and provide available stored footage to the CITY, upon request. Footage shall be maintained for a period of at least 30 calendar days. CONTRACTOR shall be responsible for managing purchase warranties and notifying the CITY when equipment with an expired warranty needs repair or replacement before proceeding. Any equipment installed on site shall be removed by the CONTRACTOR and provided to CITY at the end of the term of this Agreement, unless amended or extended. CITY shall be responsible for patching and painting the holes or intrusions to the building caused by the necessary installation of the equipment, upon removal of the equipment.
EXHIBIT “B”
COMPENSATION RATES AND CHARGES
1. AUTHORIZED EXPENSES AND RATES:
Consultant will be reimbursed for actual costs incurred to provide the Additional Services only as set forth below and subject to the not-to-exceed limit in Section 2.1 of the Agreement. Consultant shall provide receipts or other documentation satisfactory to the City’s Authorized Representative with each request for reimbursement of authorized expenses:
Expense: Reimbursement Rate: Maximum Total:
Guard Shack Actual Costs $5,000
Security Cameras Actual Costs $50,000
Amendment to Agreement Page 2 of 3 Form 2.2.1 (2022-11-10) Security Services-3380 Solano
Attachment 1