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HomeMy WebLinkAboutPhoenix Protective Services; 2019-06-20;AGREEMENT FOR SECURITY STAFF AND SERVICES FOR OUTDOOR EVENTS PHOENIX PROTECTIVE SERVICES THIS AGREEMENT is made and entered into as of the /20:½tv day of ;:Ju\/\ sz 1 , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Phoenix Protective Services, a sole proprietor, ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced in providing security staff and services for outdoor events. Contractor has the necessary experience in providing these professional services, 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 for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one-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. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed four thousand nine hundred fifty dollars ($4,950). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) 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. City Attorney Approved Version 6/12/18 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. 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. 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. For City Name Heather Pizzuto Title Library & Cultural Arts Director Department Library & Cultural Arts City of Carlsbad Address 1775 Dove Lane Carlsbad, CA 92011 Phone No. 760-302-2011 For Contractor Name Sam Georges Title Owner --------------- Address P.O. Box 131226 Carlsbad, CA 92013 Phone No. 760-602-9693 Email ppssec@ppssecurity.net 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. 8. 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 categories. YesD No ■ City Attorney Approved Version 6/12/18 2 9. 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. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. 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. 12. 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. 13. 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. 14. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6112/18 3 15. 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: CITY OF CARLSBAD, a municipal corporation of the State of California ~ HEATHER PllTO r Library & Cultural Arts Director ...s-~ ti ~' B~,' -O~EK (print name/title) By: (sign here) (print name/title) ATTEST: 2t-~ OJ»~ BARBARA ENGLESON City Clerk I\;\___, 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:__,__/4----a......a<.W-~-- Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Security staff and services during 2019 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 Services & Costs: June 21, June 28, and July 5, 2019 Stagecoach Community Park 3420 Camino de las Caches, Carlsbad, CA (3ea security officers@ $25.00 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 12, July 19, 2019 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA (3ea security officers@ $25.00 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 26 and Aug. 2, 2019 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA (3ea security officers @ $25.00 per hour each x 5.5 hours) x 2 events (1 ea on-site supervisor@ $25.00 per hour x 5.5 hours) x 2 events Aug. 9 and Aug. 16, 2019 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA (3ea security officers@ $25.00 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 $1,650 $1,100 $1,100 $1,100 TOTAL: $4,950 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. City Attorney Approved Version 6/12/18 5 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). Security officers will not carry firearms or any other weapons during any and all times outlined in this agreement. 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 Coordinator Megan Gilby or designee. Final invoice approval will be completed by City's Library & Cultural Arts Director or designee. City Attorney Approved Version 6/12/18 6 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/23/2019 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 vu"'"v Melissa Thompson NAME: El Dorado Insurance Agency, Inc. rA~~N:o Fxtl• (713)521-9251 I FAX IAJC Nol: ('713) 521-0125 El Dorado Sec Srvs Ins Agy ~t1ifJ~ss,mthompson@eldoradoinsurance.com 3673 Westcenter Drive INSURER(Sl AFFORDING COVERAGE NAIC # Houston TX 77042 INSURER A: Certain Underwriters at Lloyd's London 085202 INSURED INSURER B: Phoenix Protective Services INSURERC: P. 0. Box 131226 INSURERD: INSURERE: Carlsbad CA 92013-1226 INSURERF: COVERAGES CERTIFICATE NUMBER:BLANKET AI (12/18) 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 POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:,n IWHn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A I CLAIMS-MADE [i]occuR LJAMAGE TU RENTED $ 100,000 PREMISES /Ea occurrence\ X ,_____ Errors & Omissions WCIS-CGL-0002595-01 1/1/2019 1/1/2020 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl □PRO-□LOC PRODUCTS -COMP/OP AGG $ 1,000,000 POLICY JECT OTHER· $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -,_____ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident\ $ --$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ,_____ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more apace la required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad 1775 Dove Carlsbad, I ACORD 25 (2014/01) INS025 (201401J Lane CA 92011 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / R.L. Ring, Jr./MDAVI C2·//. © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Certificate Holder Defined As: City of Carlsbad, it's officers, employees, vol~nteers and agents OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: WCIS-CGL-0002595 • 0i UMR: B087518W01S500i COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ny person or organization you ave agree in a written contract to add as an additional insured on your policy provided the written contract is executed prior to the "bodily injury", "property damage• or "personal and advertising injury". Information re uired to com lete this Schedule if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to indude 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury'' or "property damage" occurring after: 1. All work, including materials, parts or equipment 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 or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 ·int n,.,,.. 1 ?/771'.lnHt ' .. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Dedarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDM'YYY) ~ 06/11/2019 THIS CERTIFICATE IS ISSUED AS A MATIER 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 BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTAN'r: If the certlftcat8 holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollclee may require an endorsement. A statement on this certificate does not confer ftghts to the certificate hokier In lieu or such endontement(s). PRODUCER ~It'" Maria Aragon Metro lnsuranoe Agency, LLC ~N.\'_.,_,_ ~ ---.7100 I f/ffi Nol: 71A.~71-7?n1 17423 lrvlne Blvd. -Tustin CA 92780 ~~: ....: --800-642-4430. 714-571-7202 INSURERISI AFFORDING COVERAGE NAICI INSURER A : AmeriDrise Auto lnsuranoe 290683 INSURED INSURER B: State Coll1D9nsation Insurance Fund 35078 Phoenix ProtectiVe Services PO Box:131226 INSURERC: Car1abad, CA 92013-1226 INSURERD: ·---. 760-602-9693 INSURERE: ...... IDERf: COVERAGES CERTIFlCATE NUMBER: REVISIOMNUMBER: THIS IS TO CERTIFY THAT THE POLICIES-OF-INSURANCE lJSTEO BELOW HAVE BEEN !SSUEO TO THE INSURED NAME:D ABOVE FOR .THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIRE™ENT; TERM OR CONDITION OF ANY CONTAACt OR OlHER DOCUMENT ~· RESF'ECT TO WHl(;H lHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 11-iS(JRANCE AFF()RDEO BY TI-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO'J\N MAY HAVE 8EEN REDUCED BY PAIQ CI.AI-..S, 'C'.;;' TYPE.Of INSURANCE ~D _:.. ' POUCV:NllllliBER ,_;..., w:: ~~· ~. -------1.JMrtS.,.., -.-'-_-:----~---t GENERAL UAIIIUTY - COMMERCIAL GENERAL LIABILITY =~ CLAIMS-MADE □ OCCUR t-------------- t-------------- GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY n ~~,Q; n LOC AUTOMOBILE LIABILITY X AHYAUTO t---ALL OWNED A t---AUTOS t---HIRED AUTOS X SCHEOULEO -~~'MED _ AUTOS rr -UMIIRl;UA LIAB H OCCUR r r EXCESS LIAS CLAIMS-MADE DEO I I RETENTION$ WORKER9 COIIPENBATION AND l!MPLOYER8' LIABIUTY y / N 8 A/>f'f PROPRIETOR/PARTNERIEXEClJTIVE rv7 ,--. OFFICE/MEMBER EXCLUDED? L!'._J N / A I · (Mandlltoty In NH) If Yfll, deecr1be under -:-.;; --------. .., ........ 11 A012453515 9255569-2019- EACH OCC\Jff.RENCE S ' PROOUC1'S -COMP/OP AGG •. · .. '. s: {Ea..,;;...._,., ~. -· · s 1 """""""" BOOILY.INJURY(Per ~ S 1,000,Q00-.00 . 01/12/2019 01/12/2020 BODILYtNJIJRY{Peracc:ida:11) tj,Dq();000,0() ·. ,~~'("""'"''-. $, 1,000,000.00 $. EACH OCCURRENCE $ AGGREGATE $ s 06/12/2019 06/12/2020 E.L. EACH ACCIDENT s 1 Mn-nnn.nn E.L. DISEASE -EA EMPLOYEE $ 1 000 000.00 E.L. DISEASE -POLICY LIMIT S 1,000,000.00 DESCRIP110N OF OPeRATION8 / LOCA Tl0NS I Vl!HICLE8 (Attach ACORO''lot Mdltlonal l(amaitca 8dledule, If....,... ilpaee til Nql.llrad) All of City of Carlsbad Sponsored events CERTIFICATE HOLDER City of Csrlsbad Its officers, employees, volunteers and agents For aH of City of Garlsbad Sponsored even1S · CANCELLAnON SHOUlD ~· OF TH£ ABOVI; DESCRIBED POLICIES. f3i; CANCELLED l!FORE THE E<PIRATiON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITI-1 THE POLICY PROVISIONS. -- @ 1988-2010 ACORD CORPORATION. All rit•NNrVed. ACORD 25 (2010/05) TheAC0fU>name andic9>are regiltenKI marks of ACORD