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JMG Security Systems Inc; 2013-05-10; PEM1005
PEM1005 AGREEMENT FOR SECURITY CAMERA AND ACCESS CONTROL PANEL INSTALLATION SERVICES JMG SECURITY SYSTEMS, INC. . A THIS AGREEMENT is made and entered into as of the //P ^^^^ day of a y 2013, by and between the CITY OF CARLSBAD, a municipal corporatio/f, ("City"), and JIVIG SECURITY SYSTEMS, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of a security systems service provider tliat is experienced in the installation and programming of ceiling mounted security cameras and controlled access panels. 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 ninety (90) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be eight thousand three hundred forty dollars ($8,270). 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 worl^ 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. 6. 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 worl< 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 1/30/13 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 rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenA/ise 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. 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 liarassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. 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. 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 sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. 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. City Attorney Approved Version 1/30/13 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 JMG SECURITY SYSTEMS, INC., a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) (print name/title) Qty Manager or Mayor or Director David Mauser, Director Property & Environmental Management By: (sign here) (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: 'Assistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES 1. JMG Security Systems, Inc. will expand the current security system at the Carlsbad Safety Training Center (CSTC) by adding the following cameras: -One (1) Peico Sarix IP external vandal resistant dome rear balcony area with access from Fire Station #5 -One (1) PeIco Sarix IP 2nd floor hallway area -One (1) PeIco Sarix IP storage room #104 area -One (1) PeIco Sarix IP armory #106 area 2. All cameras will be IP based with the external camera being a vandal resistant low light IP based dome camera. 3. All video signals will go to the existing PeIco Digital Sentry network recording platform for monitoring purposes located in the CSTC server room. 4. JMG Security Systems, Inc. will install one AMAG IP/POE door controller on the entrance door to the Faraday Computer Room. 5. All keypad and card scans and the Faraday computer room door will be routed back to the existing AMAG access management system located at the Carlsbad Safety Center for monitoring and access control. 6. JMG Security Systems, Inc. will provide City of Carlsbad with one year warranty service agreement for each location, to be issued after the installation of all equipment. After the expiration of the one year warranty, the City of Carlsbad can opt to purchase a monthly service contract. JMG will notify the City of Carlsbad prior to the end of the JMG provided one year warranty to detemriine if the City of Carlsbad will execute a separate warranty service prior to any charges to the City of Carlsbad outside of this service agreement: a. Safety Training Center Extended Monthly Warranty Service- $55.00 per month b. Faraday Key Pad/Card Reader- $15.00 per month 7. For emergency service requests and maintenance issues during the one year warranty period, JMG Security Systems, Inc. will agree to respond to service calls within 24 hours to troubleshoot security systems and/or equipment. 8. Materials, Labor, and Cost Summary: 1- PeIco OS IP Video* at Carlsbad Safety Training Center, includes: 1 - 8 Port POE 1 GB Switch 4 - PeIco Sarix IP/Megapixel 0.5 Color Fixed Dome Cameras 4 - PeIco Digital Sentry Camera Licencies 1 - HID RMPK40 Proximity Keypad Reader** at Faraday building 1 - AMAG EN-1DBC at Faraday Building *AII low voltage material, installation, system programming and client training included. **Connection to electronic door strike will be included. CSTC Installation & Equipment Total $6,420 Faraday Installation & Equipment Total $1.850 $8,270 City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _OlfW)^ On Date personally appeared before me, } _ ~. Here InsljrJA^ame and Title of the Officer Name(s) of Signer(s) SUSAN TJELMELAND r Commission # 1976468 i Notary Public • California 1 Orange County g My Comm. Expires May 18.20161 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;d/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ht9/l=i€r/their authorized capacity(ies), and that by hie/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Hanrfand official seM Place Notary Seal Above Signature. OPTIONAL - Signature of Nlo*afy Pubiic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:. • Individual Corporate Officer —Title(s): C £0/ rtES • RIGHTTHUMBPRINT OF SIGNER Top of thumb liere • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: _ , u moiviauai • ^ Kborporate Officer - Title(s): C.OO/S^r^MrU n Partnpr — n I imitoH n C^anaral ——X Signer's Name: • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: , © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatswortti, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827