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HomeMy WebLinkAboutJMG Inc; 2016-04-28;RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR FACILITY SECURITY AND ACCESS CONTROL MAINTENANCE SERVICES JMG INC. This Ratification of Amendment No. 2 is entered into as of the \ day of Oc---\-c::::¼e-Y , 20.!8_, but effective as of the 1st day of July, 2018, extending and amending the agreement dated April 28, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and JMG Inc., ("Contractor") (collectively, the "Parties") for Security and Access Control Maintenance. RECITALS A. On August 23, 2017, the Parties executed Amendment No. 1 to the Agreement to alter the Agreement's scope of work to update the Scope of Work with equipment recently installed at the Safety Center; and B. The Agreement, as amended from time to time expired on June 30, 2018 and Contractor continued to work on the services specified therein without the benefit of an agreement; and C. The Parties desire to alter the scope of work of the Agreement to "extend and fund the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 30, 2019 on a time and materials basis not- to-exceed nine thousand four hundred eighty dollars ($9,480). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 5. 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. CONTRACTOR By: ---==~=:< / c____.-~-'I',.&;---- (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California £'-~#Sn-7,1/1-, /(~/~~ (print name/title) ATTEST: By: (sign here) I~ ~MA, ~"/a,, (print name/ti~ 1 I \ 12/\Crn ~l!rrl~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA A.~1• [ttomey Assistant City Attorney City Attorney Approved Version 1/30/13 2 ~ JMGSE-2 nPID:LV, ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/11/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer riQhts to the certificate holder in lieu of such endorsementls\. PRODUCER 949-492-7331 s~rm1cT Jeannine Cetta GREG LERUM INS AGENCY, INC rA~8,NJo, Ext): 949-492-7331 I r.e~. No):949-498-1016 302 N. EL CAMINO REAL #118 SAN CLEMENTE, CA 92672 ~~n~b .. .,,Jeannine@gregleruminsurance.com Greg Lerum INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Mid-Centurv Insurance Comnanv 21687 INSURED JMG Security Systems, Inc. INSURER B: 17150 Newhope St #109 INSURERC: Fountain Valley, CA 92708 INSURER D: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVl~l'"'N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11NJ~ TYPE OF INSURANCE ADDL SUBR POLICY NUMBER _POLICYEFF POLICY EXP LIMITS ,.,.,n ,..,n COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f--D CLAIMS-MADE • OCCUR ~~tt:;~~J9"~ENTED f--$ f--MED EXP rAnv one nerson) $ f--PERSONAL & ADV INJURY $ H'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY • m?r • LOC PRODUCTS -COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY ~~~~~~~~.:'INGLE LIMIT $ 2,000,000 f-- ANY AUTO -015070033 05/01/2018 05/01/2019 BODILY INJURY /Per nersonl $ f-- X OWNED X SCHEDULED BODILY INJURY /Per accidenll $ AUTOS ONLY AUTOS f-- X HIRED X ~8-ft>'s'i~t~ )p~9~2Jleit~AMAGE $ f--AUTOS ONLY f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION l ~~~Tl ITI' l l fJH-AND EMPLOYERS" LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE • NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) RE: ALL OPERATIONS REGARDING AUTO LIABILITY. 30 DAYS NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON PAYMENT. CITY OF CARLSBAD/CMWD C/0 EXEGIS INSURANCE COMPLIANCE SERVICES PO BOX 4668 -ECM #35050 NEW YORK, NY 10163-4668 ACORD 25 (2016/03) CITY111 CANCELLA N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT Jessica Wilkison Tolman & Wiker Insurance Services LLC #0E52073 rA~~NJo ,,.,,. (661) 616-4700 I FAX IAJC Nol: (661) 616-4500 5001 California Ave. it1l~~ss: jwilkison@tolmanandwiker.com Suite 150 INSURER(S) AFFORDING COVERAGE NAIC# Bakersfield CA 93309 INSURER A :Everest Indemnity Ins Co 10851 INSURED INSURER B :Everest Premier Ins Co 16045 JMG Security Systems, Inc. INSURERC :Everest National Ins Co 10120 INSURERD: 17150 Newhope #109 INSURERE: Fountain Valley CA 92708 INSURER F: COVERAGES CERTIFICATE NUMBER:18/19 GL/UMB/WC/CR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••en ._.n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--~ CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrence! $ 500,000 f-- ~ Errors & Omissions X 51GL013901181 8/1/2018 8/1/2019 MED EXP (Any one person) $ 10,000 ~ $1,000 Deductible PERSONAL & ADV INJURY $ 1,000,000 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ •PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ ~ ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS Agency Does Not Write BODIL y INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ ~ - $ X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5 000 000 f-- A EXCESS LIAB CLAIMS-MADE 51CCb05026181 8/1/2018 8/1/2019 AGGREGATE $ 5 000 000 OED I I RETENTION$ (Follows GL, PL & WC) $ WORKERS COMPENSATION XI ~~%UTE I I OTH- AND EMPLOYERS" LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [!] NIA E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? B (Mandatory In NH) y 5300003299181 8/1/2018 8/1/2019 E.L. DISEASE -EA EMPLOYEE $ 1 000 000 ~m:~ftf~g~ '!:;'~'6PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C Employee Dishonesty 51CR000226181 8/1/2018 8/1/2019 Limit 100,000 Deductible 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL: The City of Carlsbad is Additional Insured as respects to operations of the Named Insured per form (GL)ECG205990509. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form (WC)WC040306. Endorsements apply only as required by current written contract on file. CERTIFICATE HOLDER CA NC ELLA TION certificates-carlsbad@risk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668-ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE Shaun Kelly/ASHLES -----~ --";? -~ --,-..ee: © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS0251?01401, The ACORD name and logo are registered marks of ACORD ./ .I Policy Number: 51GL013901181 COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera- tions, but only when you and such person or or- ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage" or "personal and adver- tising injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of "your work" for an addi- tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ- ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any archi- tectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "personal and advertising injury" arising out of any con- struction projects that are part of a consoli- dated (wrap-up) insurance program. This ex- clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per- formed or furnished at the location of the wrap-up construction project or anywhere else. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. AMENDMENT NO.1 TO AGREEMENT FOR SECURITY AND ACCESS CONTROL MAINTENANCE JMG INC. entered into and effective as of th~ day of __....,,,..._..____,,....__-. ......... ______ , 2017, amending the agreement dated April 28th, 2016, (the "Agree nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and JMG Inc., ("Contractor") (collectively, the "Parties") for Security and Access Control Maintenance. RECITALS A The Parties desire to alter the Agreement's scope of work to update the Scope of Work with equipment recently installed at the Safety Center; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed nine thousand four hundred and eighty dollars ($9480). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" nine thousand four hundred and eighty dollars ($9480). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 5. 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. I I I I I I I City Attorney Approved Version 9/27/16 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) c::;;;_U:1Jt5:S/Vl~ J(/~LeS. (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY Ml-- Assistant City Attorney City Attorney Approved Version 9/27/16 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE Contractor will provide all necessary equipment and services in order to maintain the Access Control system and Video Security System installed at the Safety Center. The contractor will maintain in proper working order all access control and facility security equipment including but not limited to: Access Control EQUIPMENT DESCRIPTION QTY All Low Voltage Date Cable/Conduit Included MATERIAL Lot AMAG MN-NIC-3 Network Interface Module AMAG NETWORK INTERFACE MODULE 1 AMAG M2100-16RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER 1 (2) AMAG M2100-8RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER I (1) AMAG M2100-4RDR-P-KIT INCLUDES: 20K-DBU/4 READER CONTROLLER 1 (1) AMAG MN-TRANS-75-UL. UL Listed TRANSFORMER FOR POWER 3 AMAG MN 1/0 Board INTEFACE MODULE FOR AUX DEVICES 2 AMAG WIMS Modules WIEGAND INTERFACE FOR HID READERS 3 NVT 214A-M Transmitters TWISTED PAIR TRANSMITTERS 10 Internal Door Release Configuration for Doors 1/2/3/18 Connection to Electronic Door Hardware 11 Mounting Plates for Gate Pedestal Mounts VIKING C200A Phone Interface Module PHONE INTERFACE MODULE 1 VIKING E-50-SS-EWP VIDEO INTERCOM 5 VIKING EW 3X5 VIDEO INTERCOM ENCLOSURE 5 VIKING RC-3 RELEASE MODULE FOR DOOR/GATE 1 Altronix AL400ULX Power Supply ELECTRONIC POWER SUPPLIES FOR DOOR 3 LOCKS Single Door Contacts SENTROL EMBEDDED CONT ACTS 30 Double Door Contacts SENTROL EMBEDDED CONT ACTS 2 DS 150 Egress Motion Sensors EGRESS SENSORS FOR SYSTEM INTEGRATION 8 HID RK40 Keypad/Proximity Card Readers HID KEYPAD/PROXIMITY READER 8 HID RIO iClass Proximity Card Readers HID PROXIMITY READER 22 AMAG Symmetry PRO Licenses 56 Readers INITIAL AMAG SOFTWARE 56 DOOR CAP A CITY I AMAG Symmetry PRO Client Licenses AMAG CLIENT SOFTWARE 1 AMAG Symmetry PRO Threat Management SOFTWARE I AMAG Symmetry PRO Data-Connect SOFTWARE 1 AMAG Symmetry PRO Video Management Module SOFTWARE 1 AMAG Symmetry PRO Maintenance - 5 years SOFTWARE 1 Gate Releases (Employee and Patrol gates) 2 City Attorney Approved Version 9/27/16 3 V"d s t 1 eo ,ys em E \QUipmen t Item name Description ORION FLAT SCREEN VIDEO MONITOR in Watch Commanders Office MONITOR32" SC-01-FrontLot SAMSUNG SNV-8080 SC-02-LobbyEntry SAMSUNG SNV-8080 SC-03-PatrolLot SAMSUNG SNV-8080 SC-04-Lobbyl SAMSUNG SND-7084R SC-05-EvidOffice Pelco IMS0C10-ACSQU61 SC-06-EvidMain Pelco IMS0C10-ACSQU61 SC-07-DrugRoom Pelco IMS0C10-ACSQU61 SC-08-Lobbylnt Existing Analog SC-09-EmpEntrylnt Existing Analog SC-10-PatStaffEntrylnt Existing Analog SC-11-EmpGatelnt Existing Analog SC-12-HoldingBench Existing Analog SC-13-Mugshot Existing Analog SC-14-EvidHallway Existing Analog SC-16-Lobby2 Existing Analog SC-17-Holdingl Existing Analog SC-18-PatGatelnt Existing Analog SC-19-HoldingHall Existing Analog SC-20-Holding2 Existing Analog SC-21-HoldingLivescan Existing Analog SC-22-SallyPortN Existing Analog SC-23-SallyPortS Existing Analog SC-24-Holding3 Existing Analog SC-25-HoldingEntry Existing Analog SC-26-SallyPortEntry Existing Analog SC-27-EmpEntry Existing Analog SC-28-PatStaffEntry Existing Analog Axis Encoder 1 Axis P7216 Axis Encoder 2 Axis P7216 L" f I 1st o access contro pomts Access Point Description 1 Northwest exterior door to Police Lobby 2 Southwest interior from lobby to second floor stairwell 3 East interior door from lobby to general operations area 4 North interior door from lobby to building's interior atrium 5 East interior door from general operations area to records area 6 East interior door from general operation to property & evidence 8A East exterior door from carport to holding facility 8B East exterior door from holding facility to carport 9A West interior door from general operations to holding facility 9B West interior door from holding facility to general operations 10 East exterior door from general operations to patrol parking area City Attorney Approved Version 9/27/16 4 11 North exterior double doors from general operations to employee parking area 12 East interior door from general operations to narcotics division 13 West interior door investigations division to narcotics division 16 North vehicle entry gate to employee lot 17 South vehicle entry gate to patrol lot 18 Southwest interior from lobby to second floor elevator A North interior door from dispatch center to computer room B North interior door from dispatch center to phone room C West double wooden door from conference center to police lobby D West interior door from police lobby to records area G North interior door from general operations to crime lab H West interior door from general operations to fingerprint lab Fl West exterior entrance door to police lobby F2 West exterior entrance door to police lobby F3 West exterior entrance door to police lobby K North exterior emergency exit door from hallway adjacent to detention area 7 East interior door from atrium to dispatch center Jl South exterior entrance door to Conference Center (second door from the west) Jl South exterior entrance door to Conference Center (third door from the west) Jl South exterior entrance door to Conference Center (forth door from the west) Jl South exterior entrance door to Conference Center (west door only) J2 East exterior door from Conference Center hallway J3 South exterior door from conference room #3 J4 East interior door from Conference Center hallway to TAC office 28 Interior door from Conference room #1 into the Audio Visual room 29 Exterior door to evidence drug room 30 IT Door Sou th 31 IT Door West Contractor will remedy any failure, malfunction, defect or nonconformity as follows: a. All labor and parts necessary for remedy will be provided at no charge to the City. b. Contractor will provide loaner equipment if necessary. c. Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. d. Contractor will provide all revisions to current software as required by manufacturer for continued operation. City Attorney Approved Version 9/27/16 5 e. After hours and weekend service calls are included for situations that the City deems necessary. Cameras: City is responsible for any service charges to repair or replace cameras not originally installed by JMG. JMG will provide replacement cameras at no cost to City. City is not responsible for any service charges for the repair or replacement of cameras that are installed by JMG. City is responsible for purchasing and maintaining IP camera licensing, ONSSI server and storage. Electrified locking equipment: Electrified locking equipment installed by JMG will have a one year warranty. After the one year warranty, the City will assume responsibility for the electrified locking equipment. Contractor will perform preventative maintenance including but not limited to: a. Database review and retraining as needed b. System performance review c. Software and equipment updates as needed d. Annual System Inspection Section 2: Fee The monthly fees will be as follows: Access control equipment Video system equipment $505.00 per month $285.00 per month 6 City Attorney Approved Version 9/27/16 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:i~cT Jessica Wilkison Tolman & Wiker Insurance Services LLC #0E52073 rA~gNJo Exll: (661) 616-4700 I FAX !A/C Nol: (661) 616-4500 5001 California Ave. ~i:iMlJ~ss: jwilkison@tolmanandwiker.com Suite 150 INSURER{S) AFFORDING COVERAGE NAIC# Bakersfield CA 93309 INSURER A :Steadfast Ins Co 26387 INSURED INSURER B :American Guarantee and Liabili 26247 JMG Security Systems Inc INSURER C :Everest National Ins Co 10120 17150 Newhope #109 INSURER D: INSURER E: Fountain Valley CA 92708 INSURER F: COVERAGES CERTIFICATE NUMBER:17 /18 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV "':'."' "RE~.IENT, TERM OR COND!TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR t' PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION'.: ''.: ;", •. , ·' POLICli::.S. LiMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE :11-•·-t'{f5UijR: POLICY EFF POLICY EXP LTR ,,.. • .,, I."~"" POLICY NUMBER /MM/DD/YYYY\ IMM/DD/YYYY\ LIMITS X COMMERCIAL GENERAL LIABILITY ' '( 4,000,000 ' EACH OCCURRENCE $ - D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED A PREMISES {Ea occurrence} $ 100,000 ~ Errors & Omissions X EOL9322546-11 8/1/2017 8/1/2018 MED EXP (Any one person) $ 5,000 ~ $2,500 Deductible PERSONAL & ADV INJURY $ 4,000,000 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ~ D PRO-DLOC PRODUCTS -COMP/OP AGG $ 5,000,000 POLICY JECT OTHER: Employee Dishonesty Endt $ 100,000 AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT $ /Ea accident\ ~ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS f--AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) -f-- $ X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1 000 000 - B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ AUC017670503 8/1/2017 8/1/2018 $ WORKERS COMPENSATION X I ~ffruTE I I OTH- I AND EMPLOYERS' LIABILITY ER Y/N f ANY PROPRIETOR/PARTNER/EXECUTIVE [!] NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? C (Mandatory in NH) 5300003299-171 8/1/2017 8/1/2018 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes. describe under E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below A Employee Dishonesty EOL9322546-11 8/1/2017 8/1/2018 $100.000 Limit I $2.500 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Carlsbad, a municipal corporation of the State of California, its officers, agents and employees are included as additional insured for General Liability for the operations performed by the named insured but only as required by written contract per form UGL1175FCW0413. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Maria Callander ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE J Wilkison/JESSIW o~7~ -~~- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD Additional Insured -Automatic -Owners, Lessees Or Contractors Policy No. Elf. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem EOL9322546-11 08/01/2017 K}8/01/2018 08/01/2017 ZURICH Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: JMG Security Systems Inc. Address (including ZIP Code): 17150 Newhope #109 Fountain Valley, CA 92708 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of 2 AGREEMENT FOR FACILITY SECURITY AND ACCESS CONTROL MAINTENANCE SERVICES JMG INC. THIS AGREEMENT is made and entered into as of the .:2~ day of ~vi..R-, 2016, by and between the CITY OF CARLSBAD, a municipal corporatiorll("Citi'), and JMG Inc., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in the maintenance of Facility Security and Access control Systems. B. City currently has a maintenance agreement in place that expires on June 3Q1h of 2016 and will require a new agreement beginning on July 1, 2016. B. Contractor has the necessary experience in providing professional services and advice related to Facility Security and Access control system installed at City of Carlsbad facilities. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from July 1, 2016 through June 30, 2018. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-one thousand and sixty dollars ($21 ,060). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty {30) days for any tax retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGE The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 4/1/15 2 The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 4/1/15 3 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. City Attorney Approved Version 4/1/15 4 For City Name MariaM. Callander Title Information Tech Manager Department Police Department City of Carlsbad Address 2560 Orion Way Carlsbad, California, 92010 Phone No. 760-685-0320 For Contractor Name Mike Tremblay Title Senior Agent Address JMG Security Systems 17150 Newhope St #1 09 Fountain Valley, Ca. 92708 Phone No. 800-900-4564, ext 316 Email mtremblay@jmgsecurity.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 4/1/15 5 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 4/1/15 6 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. (remainder of Page intentionally left blank. Signatures follow) City Attorney Approved Version 4/1/15 7 27. AUTHORITY The individuals executing this Agreement 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 Agreement. CONTRACTOR (sign here) t!lr'--~CSm/Jr Kf!~~S· (print name/title) By:~~ v (print nan?e/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 4/1/15 8 EXHIBIT "A" SCOPE OF SERVICES Contractor will provide all necessary equipment and services in order to maintain the Access Control system installed at the Safety Center. The contractor will maintain in proper working order all access control and facility security equipment including but not limited to: EQUIPMENT DESCRIPTION QTY All Low Voltage Date Cable/Conduit Included MATERIAL Lot Pelco DX8124-1500A DVR DIGITAL VIDEO RECORDER 1 Pelco KBD300A Keyboard/Joystick PTZ JOYSTICK CONTROLLER (WC and Dispatch) 2 Pelco KED Extension Kit JOYSTICK EXTENSION KIT ,.., '"' AMAG MN-NIC-3 Network Interface Module AMAG NETWORK INTERFACE MODULE 1 AMAG M2100-16RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER 1 (2) AMAG M2100-8RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER 1 (1) AMAG M2100-4RDR-P-KIT INCLUDES: 20K-DBU/4 READER CONTROLLER 1 (1) AMAG MN-TRANS-75-UL. UL Listed TRANSFORMER FOR POWER 3 AMAG MN 1/0 Board INTEF ACE MODULE FOR AUX DEVICES 2 AMAG WIM8 Modules WIEGAND INTERFACE FOR HID READERS 3 NVT 214A-M Transmitters TWISTED PAIR TRANSMITTERS 10 Internal Door Release Configuration for Doors 112/3/18 Connection to Electronic Door Hardware 11 Mounting Plates for Gate Pedestal Mounts VIKING C200A Phone Interface Module PHONE INTERFACE MODULE 1 VIKING E-50-SS-EWP VIDEO INTERCOM 5 VIKING EW 3X5 VIDEO INTERCOM ENCLOSURE 5 VIKINGRC-3 RELEASE MODULE FOR DOOR/GATE 1 Altronix AL400ULX Power Supply ELECTRONIC POWER SUPPLIES FOR DOOR 3 LOCKS Single Door Contacts SENTROL EMBEDDED CONTACTS 27 Double Door Contacts SENTROL EMBEDDED CONTACTS 2 DS150 Egress Motion Sensors EGRESS SENSORS FOR SYSTEM INTEGRATION 8 HID RK40 Keypad/Proximity Card Readers HID KEYPAD/PROXIMITY READER 6 HID RIO iClass Proximity Card Readers HID PROXIMITY READER 21 ORION FLAT SCREEN VIDEO MONITOR 32" MONITOR W/ 2 MOUNTS 1 LCD 32" television monitor TELEVISION 1 AMAG Symmetry PRO Licenses 56 Readers INITIAL AMAG SOFTWARE 56 DOOR CAP A CITY 1 AMAG Symmetry PRO Client Licenses AMAG CLIENT SOFTWARE 1 AMAG Symmetry PRO Threat Management SOFTWARE 1 AMAG Symmetry PRO Data-Connect SOFTWARE 1 AMAG Symmetry PRO Video Management Module SOFTWARE 1 AMAG Symmetry PRO Maintenance-5 years SOFTWARE 1 City Attorney Approved Version 4/1/15 9 Installation of camera in eMug holding cell LABOR and Pelco ICS 111 CV9 vandal-resistant camera 1 Pelco Matrix Video Switcher .. 1 Cameras in Evidence area 3 Panasonic NVR (DS Controlpoint) 1 Camera in hallway outside evidence 1 Gate Releases (Employee and Patrol gates) 2 Camera in the lobby 1 L" t f tr 1 . t IS o access con o p01n s Access Point Description 1 Northwest exterior door to Police Lobby 2 Southwest interior from lobby to second floor stairwell 3 East interior door from lobby to general operations area 4 North interior door from lobby to building's interior atrium 5 East interior door from general operations area to records area 6 East interior door from general operation to property & evidence SA East exterior door from carport to holding facility 8B East exterior door from holding facility to carport 9A West interior door from general operations to holding facility 9B West interior door from holding facility to general operations 10 East exterior door from general operations to patrol parking area 11 North exterior double doors from general operations to employee parking area 12 East interior door from general operations to narcotics division 13 West interior door investigations division to narcotics division 16 North vehicle entry gate to employee lot 17 South vehicle entrygate to patrol lot 18 Southwest interior from lobby to second floor elevator A North interior door from dispatch center to computer room B North interior door from dispatch center to phone room c West double wooden door from conference center to police lobby D West interior door from police lobby to records area G North interior door from general operations to crime lab H West interior door from general operations to fingerprint lab F1 West exterior entrance door to police lobby F2 West exterior entrance door to police lobby F3 West exterior entrance door to police lobby K North exterior emergency exit door from hallway adjacent to detention area 7 East interior door from atrium to dispatch center J1 South exterior entrance door to Conference Center (second door from the west) J1 South exterior entrance door to Conference Center (third door from the west) J1 South exterior entrance door to Conference Center (forth door from the west) City Attorney Approved Version 4/1/15 10 J1 South exterior entrance door to Conference Center (west door only) J2 East exterior door from Conference Center hallway J3 South exterior door from conference room #3 J4 East interior door from Conference Center hallway to T AC office 28 Interior door from Conference room #1 into the Audio Visual room Integrated video intercoms at access points 1, 10, 11, 16 and 17 Contractor will remedy any failure, malfunction, defect or nonconformity as follows: a. All labor and parts necessary for remedy will be provided at no charge to the City. b. Contractor will provide loaner equipment if necessary. c. Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. d. Contractor will provide all revisions to current software as required by manufacturer for continued operation. e. After hours and weekend service calls are included for situations that the City deems necessary. Cameras: City is responsible for any service charges to repair or replace cameras not originally installed by JMG. JMG will provide replacement cameras at no cost to City. City is not responsible for any service charges for the repair or replacement of cameras that are installed by JMG. Electrified locking equipment: Electrified locking equipment installed by JMG will have a one year warranty. After the one year warranty, the City will assume responsibility for the electrified locking equipiment. Contractor will perform preventative maintenance including but not limited to: a. Database review and retraining as needed b. System performance review c. Software and equipment updates as needed d. Annual System Inspection City agrees that: a. a digital video recorder (DVR) will be used to store CCIV data and is based on standard computer hard drive technology. In the event of hard drive failure the data may not be able to be extracted. b. there is an additional charge for replacement of monitors with burn-in c. JMG is not responsible for repair if the system or any piece of installed equipment is not in working order due to abuse, misuse, or changes in construction on the premises or acts of God beyond JMG' s control. City Attorney Approved Version 4/1/15 11 Section 2: Payments Subject to appropriation of funds by the City Council, payment for maintenance services will be paid annually as follows: Year1 Year 2 July 1, 2016 -June 30th of 2017- July 1, 2017 -June 30th of 2018- 12 $10,530.00 $10,530.00 City Attorney Approved Version 4/1/15 Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Thursday, April 28, 2016 5:21 PM 'mtremblay@jmgsecurity.com' Maria Callander Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for Facility security and access control maintenance services - If your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact the Clerk's Office. Kindest regards, {city of Carlsbad Donna Heraty, CMC Deputy City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2808 Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1 Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Monday, May 02, 2016 7:39 AM 'mtremblay@jmgsecurity.com' Maria Callander Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for Facility Security and access control maintenance services- If your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact the Clerk's Office. Kindest regards, Donna Heraty, CMC Deputy City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.ca rlsbadca .gov 7 60-434-2808 Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1