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HomeMy WebLinkAboutPhoenix Protective Services Inc; 2016-06-24;AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR SECURITY STAFF AND SERVICES FOR OUTDOOR EVENTS PHOENIX PROTECTIVE SERVICES, INC. No. 2 is entered into and effective as of the 0 )Si-day of ----'--1--+.......:;.;::;p.-.------' 2018, extending and amending the agreement dated June 24, nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and Phoenix Prate Ive Services, Inc., a Corporation, ("Contractor") (collectively, the "Parties") for providing security staff and services during 2018 TGIF Concerts in the Parks events. RECITALS A. On April 18, 2017 the Parties executed Amendment No. 1 to the Agreement to extend the Agreement to provide security staff and services during the 2017 TGIF Concerts in the Parks events for a period ending June 24, 2018; and B. The Parties desire to amend the Agreement's scope of work and to extend the Agreement for a period of one year. C. 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 Fees. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the above recitals are incorporated herein by this reference. 2. Pursuant to section 2 of the Agreement, the term of the Agreement is hereby extended for an additional year, through and including June 24, 2019. Contractor will provide the services described in Exhibit "A," attached hereto and incorporated by reference. 3. City will pay Contractor for all work associated with those services described in Exhibit "A," attached hereto and incorporated herein, on a time and materials basis not-to-exceed four thousand, six hundred dollars ($4,600). Contractor will provide City invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. 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 City Attorney Approved Version 1/30/13 6. 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, Phoenix Protective Services, Inc. By: (sign here) Sam Georges -CEO (print name/title) By: (sign here) Sam Georges -CEO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California HEATHER PIZZUTO Library & Cultural Arts Director ATTEST: \,:k tr(\LWA/{nJJt!~~ 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: CELIA A. BREWER, City Attorney BY: _d_tJ!_(L--'---_ Assistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Security staff and services during 2018 TGIF Concerts in the Parks series. As an integral component of this security effort, the Contractor shall provide and maintain all management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files necessary to accomplish security guard services as described and required in this Scope of Services. The Contractor shall perform to the standards required in this jurisdiction and will be expected to work closely with City representatives and Carlsbad Police Department throughout the duration of this Agreement. The Contractor bears the sole burden for ensuring that all legally required licenses and permits are obtained and renewed as specified by the regulating agency. This information is provided as a guide only. The Contractor must verify and comply with all Federal, State, and Local requirements, whether listed here or not. Event Dates: June 22, June 29, and July 6, 2018 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad, CA (3ea security officers @ $22.50 per hour each x 5.5 hours) x 3 events (1ea on-site supervisor@ $25.00 per hour x 5.5 hours) x 3 events July 13, July 20, 2018 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA (3ea security officers@ $22.50 per hour each x 5.5 hours) x 2 events (1ea on-site supervisor@ $25.00 per hour x 5.5 hours) x 2 events July 27 and Aug. 3, 2018 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA (3ea security officers@ $22.50 per hour each x 5.5 hours) x 2 events (1ea on-site supervisor@ $25.00 per hour x 5.5 hours) x 2 events Aug. 10 and Aug. 17, 2018 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA (3ea security officers @ $22.50 per hour each x 5.5 hours) x 2 events (1ea on-site supervisor@ $25.00 per hour x 5.5 hours) x 2 events TOTAL: $1,526.25 $1,017.50 $1,017.50 $1,017.50 $4,578.75 All security officers will be on site from 3:45 p.m. to 9:15 p.m. to assist event staff with providing a safe and welcoming atmosphere for audience members. Contractor's security officers have a crucial and highly visible role in support of the City's mission for TGIF Concerts in the Parks. They are usually the first (and sometimes only) contact TGIF concert visitors have with the City and other attendees at a concert venue and they are usually the first line of contact at an incident. Visitors and city employees perceive the need for contract security officers to be integral with a successful TGIF Concerts in the Parks concert experience. It is crucial that the Contractor ensure that their employees realize the importance of their role, and perform their duties courteously and professionally at all times. Security officers will control the concert area by observing, detecting, and reporting violations of concert guidelines and Carlsbad Municipal Code violations. Security officers are not police City Attorney Approved Version 1/30/13 ACORH CERTIFICATE OF LIABILITY INSURANCE I DA TE (MIIIIPCWYYY) ~ 05/10/2018 THIS CER11ACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA'TE HOl.OER: THIS CERTIFICATE DOES NOT AFFIIWATIVELY OR NEGATNB.Y AMEND, EXTEND OR At.YER 1ltE COVERAGE AFFORDED BY ntE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF1CATE HOLDER. IMPORTANT: If the certificate holder la an ADDITIONAL INSURED, the policy(ies) must be endorNd. If SUBROGATION IS WAIVED, subject to the terms and condltlona of the policy, certain policies may ,-quire an endorsement. A statament on this carttftcata don not confar rlghta to the certiflcata holder in lieu of such endorsement(al. PRODUCER ~~1 ~;t'Dll Lindenaan ... · · 1 r!-J .,__,_ (8'5> 735-9393 The Mechanic Group !'!l~N.!._ •-~ {845) 735-0700 Ona Blue Hill Plaza ~~L. llinde~ni.ogroup. com Swi.ta 530 ~ ~ IIAIC t Pead River NY 10965 1N11t1•RER A Alli4ild World S11,,...,lus Lines 24319 INSURED INBUl!lelUS:L;h,..,-tv Mntua1 OnA I-a 123035 Phoenix Protective Services, Inc. IHIURERC:Hereford Groun Auto Ins. 24309 INSUD-D: -P.O. Box 131226 ..,..,_,.E: carlabad CA 92013 INSURERF: COVERAGES CERTIFICATENUIIBER: 2017-2018 REVISlON NUMBER: THIS IS TO CER11FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN rssui.=o TO THE INSURED· NAMED ABOVE FOR THE POLICY l'ERIOO INDICATED NOT'MTHSTANOING APIV REOUIREMEHT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'Mf!CH TrflS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ........... __ ·- tll: TYPE OF INSURANCE ·-·--~-..... ,.,.y ... , ....... -111\.iT-• P(U •: ...... UMITS ,n, ... GliN&ftAL UAIILITY EACH OCCURRENCE s 1,000,000 ( -~~~J9 .. ~':"~~--.x COMMERC"'L GENERAL UASIUTY $ 100 ,_Q~Q A D Cl.AIMS-MAO£ [iJ OCCUR 16200 -0097-05 1/15/201'8 1/15/2019 Mt;O EXP r>.rw 011e De-I $ 10,000 ,__ X Srrore & Omieeione !'ERSONAL & ADV INJiJRY s 1,000!_~~~ -_j GB\IEML AGGIAEGATI: " 3,000,000 GEN'L AGGREGA.,.E LIMIT A?OLIES PER PROOUCTS • COMPIOP AGG • 3,000,000 xl POLICY n ~~,P.; n LOC $ AUTOMOaLE UABILITT -g__OMB1~ .. SlNGLE LIMIT s 1,000,000 -X ANY AUTO BOOIL Y INJURY (Per person) s 1,000,000 C ,__ All OWNED X SCHEDULED AUTOS ~OS A5200-769-18 1/01/2018 1/01/2019 BOOIL y INJURY (Per accaant) ' 1,000,000 .__ ,__ -OWNEO ip~..i,",i~~AMAGE HIREOAIJTOS AUTOS s 1,000,000 --$ ; UNREU.A UAB HOCC\-'R EACH'OCC\..~E $, 7ElC&88UA8 CLAIMS-MADE AGGREGATE s I DEO I I RETENTll'lN s $ WORt<IM COMPIHSA110N l~JT~"!.\!:.I i".:~ ANO l!MPLOYIJtS' LIABILITY y / N B 1,Jff PROPRIETORJPAATNERIEXECUTIVE [!] 176533 -1193-10 l/10/:l018 E.L. EACH ACCIDENT s 1,000,000 OFFICl!RIMEMBER l!.XCLVO!Crl l/10/:l019 (Mandatofy In NH} ..£..':: _l)l~El\~E_· EA EMPLOVEI ! 1,000,000 w rs· deeat>e -.~.-:l S::RIPllON_OF Of>ERAT1QNS below ---·--------·-·---------~··-~---· ~--·~·-.. ----·-El OISF.ASE. POLICY UMIT S 1,000,000 .___. -·---··-----~--h-______ L...;.. _____ ~--~-~~ l DESCNPTION <W OPVIA 110NS I LOCATIONS I VEHICI.ES (Au.ct, ACORD 101, AddlllDnal ~ Sc:tleclule, If more -le ...-,.Q For all of City of Carlsbad sponsored events. With respect to the commercial liability plan referenced, the below noted entities are included additional insured per endorsement# CG 2010 (07/04) Additional insured, City of Carlsbad It's officers, employees, volunteers and agents. Et. Al. CERTIFICATE HOLOER CANCELLATION SHOULD AtlY OIF THE ABO\/E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TiiEREOf, NOTICE WILL B! DELIV£REO IN City of Carlsbad ACCORDANCE WITH THE POLICY PROYISIOMS. It's officers, employees, volunteers and agents. AUntORIZED REPRESEHTA'1111£ For all of City of Carlsbad sponsored events. Stave Machanio/Lnm ._s.-: -~ A<:oRO 25 '(a'lal) C> fNI-HfG ACORD CORPORATION. All rig'hl:II 1'9SerV1td. INS02!11?n,nn,;, n1 Th• ar.nRn n•m• •n,t lnnn •"" ..,.i<ot.,.,f m•l'lr• nf Ar.nRn Policy Number: 5200-0097-05 / ID Code: 8 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POL.CY. PLEASE READ lT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION Tlhis endorsement modifies insurance provided under the fotlowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): City of Carlsbad, It's ott,cers, employees, volunteers AH Jocations in, which the named rnsured per- and agents. forms work for the additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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 for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property d'armage" occur~ing afte~: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury 1or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NUMBER 5200-0097-05 NAMED INSURED POLICY CHANGES EFFECTIVE 5/10/2018 Sam George Badawi OBA Phoenix Protective Services, Inc. COVERAGE PARTS AFFECTED COMMERCfAt. GEN'EAAI:. LIABlt.l'""Jl"Y CHANGES The Policy is amended as follows: The following Form is Deleted: COMPANY Policy Change Number 003 Allied World Surplus Lines Insurance Co. AUTHOR1ZED REPRESENTATIVE The Mechanic Group, Inc. CG 20 10 07 04, Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organizations The following Fonn 1s Added: CG 20 10 07 04, Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organizations All other Terms and Conditions Remain the Same. Authorized Representative Signature IL12011185 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 D AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR SECURITY STAFF AND SERVICES FOR OUTDOOR EVENTS PHOENIX PROTECTIVE SERVICES, INC. endment No. 1 is entered into and effective as of the J Rtf; day of -:-::1-"""'"::-"+-'~'-"",._----::-:--:----:--:-' 2017, extending and amending the agreement dated June 24, 2016 he "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Phoenix Protective Services, Inc., a Corporation, ("Contractor") (collectively, the "Parties") for providing security staff and services during 2017 TGIF Concerts in the Parks events. RECITALS A. On June 24, 2016, the Parties entered into a one year Agreement for TGIF Concerts in the Parks security staff and services; and B. Per Section 2 of the Agreement required the Parties to give notice of such renewal to the other Party no sooner than 180 days following the end of the [then] current Agreement requesting an additional season [2017 TGIF season] term. The Parties agree that this Amendment No. 1 satisfies the requisite notice of intent to extend the Agreement. C. The Parties desire to amend the Agreement's scope of work and to extend the Agreement for a period of one year. D. 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 Fees. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the above recitals are incorporated herein by this reference. City will pay Contractor for all work associated with those services described in Exhibit "A," attached hereto and incorporated herein, on a time and materials basis not-to-exceed three thousand two hundred dollars ($3,200). Contractor will provide City invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work described in the attached Exhibit "A" by June 23, 2018. 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 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, Phoenix Protective Services, Inc. By: -'AH ~~ _ e.eo (print name/title) By: (sign here) fAl1 ~~~-~C:--o (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: HEATHER PIZZUTO Library & Cultural Arts Director ATTEST: \krwAa. £11[~~ BARBARA ENGLESON D ... - 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 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Security staff and services during 2017 TGIF Concerts in the Parks series. As an integral component of this security effort, the Contractor shall provide and maintain all management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files necessary to accomplish security guard services as described and required in this Scope of Services. The Contractor shall perform to the standards required in this jurisdiction and will be expected to work closely with City representatives and Carlsbad Police Department throughout the duration of this Agreement. The Contractor bears the sole burden for ensuring that all legally required licenses and permits are obtained and renewed as specified by the regulating agency. This information is provided as a guide only. The Contractor must verify and comply with all Federal, State, and Local requirements, whether listed here or not. Event Dates: June 23 and June 30, 2017 $709.50 Stagecoach Community Park 3420 Camino de los Caches, Carlsbad, CA (3ea security officers@ $21.50 per hour each x 5.5 hours) x 2 events July 7, July 14 and July 21,2017 $1,064.25 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA (3ea security officers@ $21.50 per hour each x 5.5 hours) x 3 events July 28 and Aug. 4, 2017 $709.50 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA (3ea security officers@ $21.50 per hour each x 5.5 hours) x 2 events Aug. 11 and Aug. 18, 2017 $709.50 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA (3ea security officers@ $21.50 per hour each x 5.5 hours) x 2 events TOTAL: $3,192.75 All security officers will be on site from 3:45 p.m. to 9:15 p.m. to assist event staff with providing a safe and welcoming atmosphere for audience members. Contractor's security officers have a crucial and highly visible role in support of the City's mission for TGIF Concerts in the Parks. They are usually the first (and sometimes only) contact TGIF concert visitors have with the City and other attendees at a concert venue and they are usually the first line of contact at an incident. Visitors and city employees perceive the need for contract security officers to be integral with a successful TGIF Concerts in the Parks concert experience. It is crucial that the Contractor ensure that their employees realize the importance of their role, and perform their duties courteously and professionally at all times. Security officers will control the concert area by observing, detecting, and reporting violations of concert guidelines and Carlsbad Municipal Code violations. Security officers are not police officers and if violations are observed the security officer should notify a uniformed police officer or place a call to the Carlsbad Police Department describing the violation and identifying the involved person(s). Roving security officers will be responsible for maintaining logs, reports, and files of all incidents and occurrences encountered during the concert event. All roving duties will City Attorney Approved Version 1/30/13 be performed in a professional manner, with the security officers responsible for observing the environment, and, when necessary, politely questioning those persons whose activities arouse suspicion in preparation for notifying a uniformed police officer. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Arts Coordinator Megan Gilby prior to approving invoices. City Attorney Approved Version 1/30/13 AGREEMENT FOR SECURITY STAFF AND SERVICES FOR OUTDOOR EVENTS PHOENIX PROTECTIVE SERVICES, INC. 4th THIS AGREEMENT is made and entered into as of the tJ,-day of , \AV\.R_,. , 20~, by and between the CITY OF CARLSBAD, a municipal corporatibll, ("City"), and Phoenix Protective Services, Inc. a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in providing security staff and services for large-scale outdoor events. B. Contractor has the necessary experience in providing professional services and advice related security staff and services. 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective from the date first written above, for a period of one (1) year with up to three (3) optional one (1) year extensions for a total of four (4) years. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed two thousand dollars ($2,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two thousand dollars ($2,000) per Agreement year. City reserves the right to withhold a ten percent ( 1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. 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. 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' City Attorney Approved Version 4/1/15 1 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. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. 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. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION 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. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 2 City Attorney Approved Version 4/1/15 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. 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 By: I (sign here) . ~;__I ;-r ( ~ t r ·(}_ :c\, -C' ( '-· (print name/title) By: l (sign here) L (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~rl~Ah HEATHE~l3'iiZtJTO Library & Cultural Arts Director 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 3 EXHIBIT "A" SCOPE OF SERVICES Security staff and services during 2016 TGIF Concerts in the Parks series. As an integral component of this security effort, the Contractor shall provide and maintain all management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files necessary to accomplish security guard services as described and required in this scope of work. The Contractor shall perform to the standards required in this jurisdiction and will be expected to work closely with City representatives and Carlsbad Police Department throughout the duration of this Agreement. The Contractor bears the sole burden for ensuring that all legally required licenses and permits are obtained and renewed as specified by the regulating agency. This information is provided as a guide only. The Contractor must verify and comply with all Federal, State, and Local requirements, whether listed here or not. Event Dates: June 24 and July 1, 2016 Stagecoach Community Park 3420 Camino de loss Caches, Carlsbad, CA (2ea security officers@ $19.50 per hour each x 5.5 hours) x 2 events July 8 and July 15, 2016 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA (2ea security officers@ $19.50 per hour each x 5.5 hours) x 2 events July 8 and July 15, 2016 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA (2ea security officers @ $19.50 per hour each x 5.5 hours) x 3 events Aug. 12 and Aug. 19, 2016 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA (2ea security officers@ $19.50 per hour each x 5.5 hours) x 2 events $429 $429 $429 $429 All security officers will be on site from 3:45 p.m. to 9:15 p.m. to assist event staff with providing a safe and welcoming atmosphere for audience members. Contractor's security officers have a crucial and highly visible role in support of the City's mission for TGIF Concerts in the Parks. They are usually the first (and sometimes only) contact TGIF concert visitors have with the City and other attendees at a concert venue and they are usually the first line of contact at an incident. Visitors and city employees perceive the need for contract security officers to be integral with a successful TGIF Concerts in the Parks concert experience. It is crucial that the Contractor ensure that their employees realize the importance of their role, and perform their duties courteously and professionally at all times. Security officers will control the concert area by observing, detecting, and reporting violations of concert guidelines and Carlsbad Municipal Code violations. Security officers are not police officers and if violations are observed the security officer should notify a uniformed police officer or place a call to the Carlsbad Police Department describing the violation and identifying the involved person(s). Roving security officers will be responsible for maintaining logs, reports, and files of all incidents and occurrences encountered during the concert event. All roving duties will be performed in a professional manner, with the security officers responsible for observing the environment, and, when necessary, politely questioning those persons whose activities arouse suspicion in preparation for notifying a uniformed police officer. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Arts Coordinator Megan Gilby prior to approving invoices.