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Rancho Santa Fe Security Systems Inc dba CAPS Security; 2011-08-24; PEM997
AGREEMENT FOR SECURITY ALARM MONITORING AND MAINTENANCE SERVICES AND FIRE ALARM MONITORING SERVICES Rancho Santa Fe Security Systems Inc. d.b.a. CAPS Security PEM544 THIS AGREEMENT is made and entered into as of the <=2/^ day of fajaugt' , 20 II . by and between the CITY OF CARLSBAD, a municipal corporationM"City")> and Rancho Santa Fe Security Systems inc. d.b.a. CAPS Security, a corporation, ("Contractor"). DEFINITIONS Repair: Authorized service work to equipment and security alarm systems required to preserve and protect any City owned or maintained facilities as specified in this Agreement. Monitor: Frequent or continuous surveillance of security and fire alarm systems often enough so as to be able to detect variations in behavior or circumstances as required to preserve and protect any City owned or maintained facilities as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City security alarm systems necessary for the protection or preservation of any City owned or maintained facilities as specified in this Agreement. Service Report: Contractor's detailed report in City-approved computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all repairs or service work performed, any pertinent electrical diagnostic equipment readings, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. RECITALS A. City requires the professional services of a Security Alarm Monitoring and Maintenance Services and Fire Alarm Monitoring Services Contractor that is experienced in monitoring and maintaining security alarm systems and monitoring fire alarm systems necessary for the protection and preservation of City owned or maintained facilities as specified in this Agreement. B. Contractor has the necessary experience in providing professional services and advice related to monitoring and maintaining structural security alarm systems and monitoring structural fire alarm systems necessary for the protection and preservation of City owned or maintained facilities as specified in this Agreement. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to City Attorney Approved Version 5/12/11 procure security and fire alarm maintenance services from other vendors as the City deems appropriate. 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. Contractor shall maintain a C-7 and C-10 license issued by the California Contractors State License Board and a California Alarm Company Operator license throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of three years from the date first above written. The City Manager may amend the Agreement to extend it for one additional three year period or parts thereof in an amount not to exceed Thirty Thousand dollars ($30,000.00) per Agreement year. 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 Ninety Thousand dollars ($90,000.00). 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 (10%) 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". The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, California electrical codes, OSHA standards and any other regulatory requirements. The Contractor shall submit invoices to the Municipal Property Manager, PEM Facilities, by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of facilities serviced. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation is provided to the City. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then- current agreement year and is subject to negotiation or rejection by the City. City Attorney Approved Version 5/12/11 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. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9- 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' 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. 10. 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-:VH". OR City Attorney Approved Version 5/12/11 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". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liability Insurance. $1,000,000 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. 10.1.2 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. 10.1.3 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. 10.1.4 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. NA NA v If box is checked, Professional Liability City's initials Contractor's initials 1 Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 City Attorney Approved Version 5/12/11 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. 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. 13. 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. 14. 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. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Joe Garuba Name Denise Mueller Title Municipal Property Manager Title President Department PEM, Facilities Address 1991 Village Parkway, Ste 100 City of Carlsbad Encinitas, CA 92024 Address 405 Oak Ave Phone No. (760) 942-0688 Carlsbad, CA 92008 Phone No. (760) 434-2943 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. City Attorney Approved Version 5/12/11 16. 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. 17. 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 (10) 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. 20. 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 City Attorney Approved Version 5/12/11 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21- 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. 22. 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 etseq.. 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. 23. JURISDICTIONS 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. 24. 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 or 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. 25. 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. City Attorney Approved Version 5/12/11 26. 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 ( CITY OF CARLSBAD, a municipal corporation of tbe-State of California By: (sign here)City Manager of Mayor bf Division Director as authorized by the City Manager (sign here) C.F-0 LORRAINE M. WOOD City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must 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 officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Assistant City Attorney City Attorney Approved Version 5/12/11 EXHIBIT "A" SCOPE OF SERVICES SECURITY ALARM MONITORING AND MAINTENANCE SERVICES AND FIRE ALARM MONITORING SERVICES PEM544 FACILITY LIST AND SERVICE FEE INTENT 1. To furnish all services, skilled labor, materials, equipment, tools, insurance, permits and fees (if any) necessary to render the services according to the specifications set forth in this outline. 2. This contract is intended to provide all contractually required fire alarm monitoring and security alarm monitoring, to provide all security alarm maintenance and repair services, and to manage all security codes and code changes for the facilities listed in the "Monthly Service Fee" section of the 'Vendor's Proposed Cost of Services" chart. SCOPE OF SERVICES A. Monitoring and Maintenance of Alarms 1. Contractor must own and operate a Central Monitoring Station. 2. Contractor shall be responsible for the monitoring of a fully operable security alarm and fire alarm systems as detailed on the "Vendor's Proposed Cost of Services" chart. The Contractor shall provide monitoring of security and fire alarm systems and maintenance of all security systems, 24 hour per day, 365 days a year. 3. Contractor shall provide annual maintenance and testing for all designated security alarm systems to ensure their proper and continuous operability. The Contractor shall test each and every component in the designated security system and document that all components are working properly. 4. Contractor shall provide same day maintenance and repair service, when required. Response times must be within 12 hours of initial service request 24 hours a day, 7 days a week, 365 days a year. 5. Contractor repair of malfunctioning security alarm systems shall be required as part of this agreement. The Contractor shall note any repair activity on the Service and Inspection Reports and shall take any and all necessary steps to repair security alarm systems upon evidence of a system malfunction. 6. Contractor shall notify the Municipal Property Manager, PEM Facilities, or his designated representative upon evidence of a system malfunction or possible breach of security. City Attorney Approved Version 5/12/11 7. Contractor shall notify Emergency Services in the event of any alarm condition requiring Police or Fire Department response. 8. Maintenance or repair of fire alarm systems is not included in this contract. B. Code Changes and Database Management 1. Contractor shall input, delete or change codes as requested by the City of Carlsbad, Municipal Property Manager, PEM Facilities or his designated representative. Code changes shall be accomplished within 24 hours of request by fax, email or other written request. In emergency situations code change requests and auto arm change request will be accomplished within 4 hours of request by fax or email. Code changes shall not exceed fifty, (50) individual requests per month. (Code changes based on an annual average, there are seasonal peek periods due to part time staffing changes) 2. Contractor shall be responsible for maintaining an electronic database of all issued codes, available codes and shall perform an annual audit of this database to insure its accuracy. This audit shall be coordinated with the Municipal Property Manager, PEM Facilities, or his designated representative. 3. Contractor shall maintain this list as a confidential list and shall not share this information with any other party except by written request of the Municipal Property Manager, PEM Facilities, or his designated representative. 4. Contractor shall posses or procure software or equipment to enable remote code changes or shall physically change codes at each location upon request. 5. Contractor shall provide an update to the master code list with its Bi-Monthly service and inspection reports. C. Coordination of Services 1. The Contractor shall coordinate with Fire Alarm Maintenance Contractor for testing, repairs, system access and system maintenance. III. NATURE OF WORK AND MATERIALS USED 1. The Contractor shall utilize all new parts (when available) and materials for system repairs or replacements. 2. All parts will be newly manufactured replacement parts or an equal approved by the Municipal Property Manager, PEM Facilities or his designated representative. The Contractor shall install parts that are compatible and of equal quality with current systems in every respect. Any new system installation will be non-proprietary. Any modifications to replacement parts or systems to insure compatibility are the responsibility of the Contractor. 3. Holidays shall not be considered unique in this Agreement. City Attorney Approved Version 5/12/11 10 IV. SERVICE SPECIFICATIONS A. Frequency 1. A thorough annual inspection is required at each of the Facilities listed in the Facilities list as detailed on the "Vendor's Proposed Cost of Services" chart to ensure the entire system is functional and operational. This includes testing the alarms and verifying the trouble calls at the central monitoring center. 2. Contractor shall perform Alarm and Code Changes upon request. 3. Contractor shall repair systems that are malfunctioning and will note any activity on the Service and Inspection Reports and shall take any and all necessary steps to repair security alarm systems upon evidence of a system malfunction. 4. Contractor must provide same day maintenance service, when required. There will be no charge for the additional service calls. V. REPORT FORMS AND RECORD KEEPING 1. A detailed 'Service and Inspection Report" will be prepared and furnished to the Municipal Property Manager, PEM Facilities, annually. This report will reflect inspection and maintenance activity at each location specified on this agreement, including but not limited to testing of alarm system, repair of system and any changes made to the system. A copy will be maintained in the security alarm monitoring and maintenance service company's files. 2. Contractor shall submit weekly opening and closing reports upon request by the City. These reports will reflect: a) Enter/ Exit information for the facility b) Authorized and unauthorized access to the facility c) Any modifications to the auto arm feature d) Other alarm conditions VII. QUALIFICATIONS OF CONTRACTOR 1. The Contractor shall possess and shall maintain a valid C-7 and C-10 license from the State of California Contractors State License Board for the duration of this agreement. In addition, the Contractor shall possess and maintain a valid Alarm Company Operator license from the Bureau of Security and Investigative Services. 2. The Contractor shall provide a minimum of three references documenting contractual work performed of a similar size and nature to this agreement. (Attach to Proposal) 3. The Contractor shall provide information regarding his equipment, personnel, project manager and any other information that could inform the City of Carlsbad of it's qualifications to provide services required under this agreement. (Attach to Proposal) 4. The Contractor shall provide uniformed, properly trained and licensed personnel in a company marked vehicle for all work performed under this agreement. City Attorney Approved Version 5/12/11 11 VIII. ENFORCEMENT AND DEDUCTIONS 1. If, in the judgment of the Municipal Property Manager, PEM Facilities, or his designated representative, the vendor is deemed to be non-compliant with the terms and obligations of the agreement, the Municipal Property Manager, PEM Facilities, may, in addition to other remedies provided herein, withhold or deduct the entire monthly payment, from the vendor's invoice for work not performed. Notification of the amount to be withheld or deducted from payments to the vendor will be forwarded to the vendor by the Municipal Property Manager, PEM Facilities, or his designated representative, in a written notice describing the reasons for said action. The written notice shall constitute reason for any deductions so imposed. IX. BONDING 1. A Faithful Performance Bond is required. City Attorney Approved Version 5/12/11 12 X. VENDOR'S COST OF SERVICE The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents. The Contractor declares he/she has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this SECURITY ALARM MONITORING AND MAINTENANCE SERVICES AND FIRE ALARM MONITORING SERVICES Agreement in accordance with the specifications of the City of Carlsbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: FACILITY NAME Arts Office Calavera Hills Community Center City Hall North Wing City Hall South Wing Community Swim Complex Dove Library** Dove Library Auditorium** Dove Library Art Gallery** Faraday Admin Center** ADDRESS 2955 Elmwood 2997 Glasgow Dr. 1200 Carlsbad Village Dr. 1200 Carlsbad Village Dr. 3401 Monroe St. 1775 Dove St. 1775 Dove St. 1775 Dove St. 1635 Faraday FIRE AND/OR SECURITY ALARM S F/8 S S S F/S F/S F/S S SYSTEM ADT SECURITY MGR. 3000 RADIONIC 8112G2 RADIONIC 8112G2 RADIONIC 8112G2 RADIONIC 8112G2 RADIONIC 9112 SIMPLEX- F RADIONIC 9112 SIMPLEX- F RADIONIC 9112 SIMPLEX- F RADIONIC 9412 MONTHLY FEE N/C $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 EXTENDED ANNUAL AMOUNT N/C $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 13 City Attorney Approved Version 5/12/11 Faraday Conf. Center** Faraday Admin / Conf. Center** Farmers Building** Farmers Building City Storage** Farmers Building Police Storage** Fire Station #5 Fleet Operations Georgina Cole Library Harding Community Center Complex Harding P.O. Substation Hellen Allman Center (Monitoring Only) Holiday House Housing and Redevelopment Magee Barn Magee House Poinsettia Park Maintenance Facility Leo Carrillo Park Caretakers House 1635 Faraday 1635 Faraday 5815EICamino Real 5815EICamino Real 5815EICamino Real 2540 Orion Way 2480 Impala 1250 Carlsbad Village Dr 3096 Harding St. 3096 Harding St. Eureka Place 3235 Eureka Place 2965 Roosevelt St., Ste B 258 Beech Street 258 Beech Street 6600 Hidden Valley Rd 6200 Flying LC Lane S F F F/S F/S F S F/S S S F/S S S S S S F/S RSDIONIC 9412 RADIONIC 7412 RADIONIC 7412 SK5107 RADIONIC 8112 G2 RADIONIC 8112 G2 RADIONIC 8112G2 CADDX NX8E RADIONIC 8112G2 RADIONIC 8112G2 CADDX NX8E RADIONIC 8112G2 CADDX NX8E ADEMCO VISTA 128 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 14 City Attorney Approved Version 5/12/11 Leo Carrillo Park Deedee's House Leo Carrillo Park Administration Leo Carrillo Park Hacienda Leo Carrillo Park Bam Senior Center Stagecoach Community Center Stagecoach Park Maintenance Facility Water District Facilities Library Learning Center Library Learning Center Aviara Park Main Office Hawthorn Streets & Facilities Main Office Las Palmas 6200 Flying LC Lane 6200 Flying LC Lane 6200 Flying LC Lane 6200 Flying LC Lane 799 Pine Ave. 3420 Camino de los Coches 3420 Camino de los Coches 5950 El Camino Real 3368 Eureka Place 3368 Eureka Place 6425 Ambrosia Ln 2065 Camino Vida Roble 405 Oak Ave 2075 Las Palmas F/S F/S F/S S F/S F/S S F/S F S S S S S ADEMCO VISTA 128 ADEMCO VISTA 128 ADEMCO VISTA 128 RADIONIC 8112G2 RADIONIC 8112G2 CADDX NX8E RADIONIC 881 2 G2 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $51.25 $35.00 $51.25 $51 .25 $51.25 Performance Bond (Annual) TOTAL ANNUAL SERVICE FEE $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $615.00 $420.00 $615.00 $615.00 $615.00 $1,500.00 $25,290.00 F- Fire alarm only; S- Security alarm only; F/S- Fire and Security alarms ** Indicates common Fire Alarm Panel for entire complex and separate Security alarm zones. 15 City Attorney Approved Version 5/12/11 Premium is for contract term and is subject to Bond #801369P adjustment based on final contract price Premium $3,150 for 3 year term FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. N/A , adopted N/A , has awarded to Rancho Santa Fe Security Systems Inc., DBA: CAPS Security. A Corp..(hereinafter designated as the "Principal"), a Contract for: NAME OF PROJECT CONTRACT NO. PWGS214 SECURITY ALARM MONITORING AND MAINTENANCE SERVICES AND FIRE ALARM MONITORING SERVICES in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; RANCHO SANTA FE SECURITY SYSTEMS, INC. NOW, THEREFORE, WE, DBA CAPS SECURITY. A CORP. , as Principal, (hereinafter designated as the "Contractor"), and rnMPANY QF CALIFORNIA as Surety> are neld and firm|y bound unto the City of Carlsbad, in the sum of NINETY THOUSAND AND NQ/mn Dollars ($ 90.000.00 ). said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _ day of , 20_ CONTRACTOR: RANCHO SANTA FE SECURITY SYSTEMS, INC. DBA CAPS SECURITY. A CORP. pame of Contractor) (sign here) \QOue\\er (print name here) (Title and Organization of Signatory) By: (print name here) Executed by SURETY this 22ND day of JULY , 20_ SURETY: INDEMNITY COMPANY OF CALIFORNIA (name of Surety) 17780 FITCH. IRVINE. CA { (address of Surety) 800-782-1546 (telephone number of Surety) "(signature of Attorney-in-Fact) S. SMITH-BOWMAN, ArrnRNFY-INI-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) ax \ (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations, if oniy one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Cfeputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ S3$e<5G<5^ STATE-OF CALIFORNIA County of San Diego On JULY 22, 2011 Date before me, L. Hahn, Notary Public personally appeared S. Smith-Bowman Here Insert Name and Title of the Officer Name(s) of Signer(s) ^ •*• " ' ' T 1L. HAHN Commission # 1860589 Notary Public - California z San Diego County 5 My Comm. Expires Sep 5, 20131'" ''I !»••»< Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($ whose name(s()/is/afe subscribed to the within instrument and acknowledged to me that he/oho/they executed the same in his/her/their authorized capacity(ie^), and that by his/te&fttwsir signature^ on the instrument the person^.), or the entity upon behalf of which the persons) 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 Signature Signature "ol OPTIONAL 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(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Ef Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here &^^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, A. Watt, Steven R. Bonilla, S. Smith-Bowman, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice-President State of California County of Orange On January 31, 2011 _ before me,. Date personally appeared _ -a ; Z SA3 * SO. • OCT.io 1936 Antonio Alvarado, Notary Public Here Insert Name and Title of the Officer Daniel Young and Stephen T. Pate Name(s) of Signer(s) ANTONIO ALVARADO f COMM.f 1880643 S NOWW PUBUC CALIFORNIA | ORANGECOUNTY | My comrn. expires Aug. 9, 2013 [[ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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 hand and official seal. Signature U.-£. ^r* Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 22nd day of JULY ,2011 By:. "Gregg Okura^sistant Secretary ID-1380(Rev.01/11) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of op A \)i On 7/2X/to\t Date personally appeared fO -* before me. cro5e (K. \Loq_fy Here Insert Name and Title of the Officer v^/ViY-e OOu^^e^ Name(s) of Signer(s) ELISE R. ncED Commission # 1929377 Mottry PubHc - CalifomH San Diego County bmtosslitf20.2015 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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 hand and official seal. Place Notary Seal Above Signature: OPTIONAL Signature of Notary Public 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: %a\-\Jn£l( ferTkCrWin<"« U\QfrPK7Jy Document Date: // 2- ~Z-/ZO (/ Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^Seml^P \<} \H fl U -P /^ b2LCorporate Officer — Title(s): \J ^ :;j Individual D Partner — D Limited Zi General iD Attorney in Fact LJ Trustee G Guardian or Conservator LJ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ^Corporate Officer — Title(s): 3 D Individual D Partner — n Limited D General I j Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: \WjL4.ll-QT' RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907