c[TY OF
Item No. rJ
AGENDA REPORT
DATE: February 10, 2025
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services tl�
SUBJECT: Amendment to the Goods and Services Agreement with Diversified Protective Services Inc.
RECOMMENDATION:
That the City Council:
Authorize the City Manager or his designee to administer the terms of the amended Goods and Services Agreement with Diversified Protective Services Inc. for the procurement of security guards for festivals, Yucaipa Performing Arts Center events and rentals; and
2. Dispense with competitive bid procedures pursuant to Yucaipa Municipal Code (YMC) Section 2.24.060.A.
BACKGROUND/DISCUSSION:
As part of our commitment to providing safe and enjoyable festivals, Yucaipa Performing Arts Center events and rental events, security guards are hired if alcohol is served or required by an artist. Based on previous event experiences and the nature of the events scheduled, the City entered into a Goods & Services Agreement (Agreement) with Diversified Protective Services Inc. in the amount of $25,000 to provide security guard services. Due to the increase in rentals, the contract is anticipated to exceed the limit. Therefore, staff is requesting authorization to increase the contract to $50,000 in accordance with the YMC Section 2.23.012 Purchasing Levels and Approval Authority of Ordinance No. 414, City Council approval is required. The total cost for services in the amended agreement for FY25 is in the amount not exceed $50,000.
City staff is requesting that the City Council dispense with competitive bid procedures as per YMC Section 2.24.060.A. of the Purchasing Policy as it would be "impracticable, useless and uneconomical" to follow such procedures. Staff has followed the "sole source" processes in the purchasing policy for the original procurement.
FISCAL IMPACT:
The costs associated with the amended agreement have been included in the adopted FY25 Budget. The cost of security services for rental events are passed onto the rental client and received by the City as rental income.
Attachment(s):
1. Amended Goods and Services Agreement
Approved by:
ATTACHMENT
AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
AND
DIVERSIFIED PROTECTIVE SERVICES INC.
DATED: FEBRUARY 10, 2023
CITY OF
Form Approved 2/17/2023
00091753.1
FIRST AMENDMENT TO AGREEMENT
This Amendment to the original agreement dated September 5, 2024 for Security Guard services is made and entered into as of this 1 Oth day of February, 2025, by and between the City of Yucaipa ("City"), a California municipal corporation and Diversified Protective Services Inc., ("Vendor").
City and Vendor are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City and Vendor entered into an agreement entitled "Goods and Services Agreement" dated September 5, 2024 ("Agreement") for the purpose of retaining security guard services.
B. Pursuant to Section 5 of the Agreement, the Parties desire to amend the Agreement to:
City shall compensate Vendor for performance of the Services in an amount not to exceed $50,000 for various positions and hourly rates as agreed upon by the City Manager and Vendor.
C. This Amendment amends Section 5 to provide that the Compensation shall not exceed $50,000.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [COMPENSATION]. Section 5 of the Agreement is hereby amended to increase the Not to Exceed Amount to $50,000.
00091753.1 Page I I
2. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
3. INTEGRATION. This Amendment consists of pages 1 through 3 and Exhibit B, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
4. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Vendor.
6. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
7. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]
00091753.1 Page 12
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.
CITY OF YUCAIPA
Chris Mann
City Manager
ATTEST:
CITY CLERK
In
APPROVED AS TO FORM:
CITY ATTORNEY
LI-A
Vendor
to
Its:
00091753.1 Page 13