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Rancho Santa Fe Security Systems Inc; 2015-06-02; PEM1217
AGREEMENT FOR SECURITY ALARM MONITORING AND MAINTENANCE SERVICES, AND FIRE ALARM MONITORING SERVICES RANCHO SANTA FE SECURITY SYSTEMS INC., dba CAPS SECURITY PEM1217 HIS AGREEMENT is made and entered into as of the LCL12. day of _ _.....,~~~~---:--:::-::~· 2015, by and between the CITY OF CARLSBAD, a municipal tion, ("City"), and RANCHO SANTA FE SECURITY SYSTEMS INC., dba CAPS SECURITY, alifornia corporation ("Contractor") for Security Alarm Monitoring and Maintenance Services and ire Alarm Monitoring Services. RECITALS A. City requires the professional services of a security contractor that is experienced in fire and security alarm monitoring and maintenance. B. Contractor has the necessary experience in providing professional services and advice related to fire and security alarm monitoring and maintenance .. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eight (8) months from the date first above written. 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 not exceed thirty thousand dollars ($30,000). 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". tncrementai payments, if appiicabie, shouid be made as outlined in attached Exhibit "A". 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 City Attorney Approved Version 411115 PEM1217 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 with holdings 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 attorney's 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-: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. City Attorney Approved Version 4/1/15 2 PEM1217 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liabilitv. (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. 1 0.1.3 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. 1 0.1.4 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. 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 Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 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. 1 0.3 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 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. 1 0.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 4/1/15 3 PEM1217 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Car1sbad 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 clear1y 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Bob Richardson Title PW Supervisor Department Public Works -Property City of Car1sbad Address 405 Oak Ave. Car1sbad Ca 92008 Phone No. 760-434-2944 For Contractor Name Denise Mueller Title President Address 1991 Village Parkway, Ste 100 Encinitas, CA 92024 Phone No. 760-942-0688 Email dmueller@rsfsecurity .com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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 Car1sbad 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, City Attorney Approved Version 4/1/15 4 PEM1217 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 (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 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 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. City Attorney Approved Version 4/1/15 5 PEM1217 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 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 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 nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 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. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 6 PEM1217 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 RANCHO SANTA FE SECURITY SYSTEMS INC., dba CAPS SECURITY, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By:~ --+->By: ~~ (sign here) Patrick A. Thomas u Works Director as authorized by the City Manager Denise Mueller I President and CEO (print name/title) By:Wv (sign here) Denise Mueller I CFO (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: ,!J.Q.,A~ Ass1stant City orney City Attorney Approved Version 4/1/15 7 EXHIBIT "A" SCOPE OF SERVICES SECURITY ALARM MONITORING AND MAINTENANCE SERVICES AND FIRE ALARM MONITORING SERVICES FACILITY LIST AND SERVICE FEE I. INTENT PEM1217 A. 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. B. 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. II. 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 or his designated representative upon evidence of a system malfunction or possible breach of security. 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. City Attorney Approved Version 4/1/15 8 PEM1217 B. Code Changes and Database Management 1. Contractor shall input, delete or change codes as requested by the City of Carlsbad, Municipal Property Manager 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 peak 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 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 or his designated representative. 4. Contractor shall possess 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. Ill. NATURE OF WORK AND MATERIALS USED A. The Contractor shall utilize all new parts (when available) and materials for system repairs or replacements. B. All parts will be newly manufactured replacement parts or an equal approved by the Municipal Property Manager 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. C. Holidays shall not be considered unique in this Agreement. 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. City Attorney Approved Version 4/1/15 9 PEM1217 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 A. A detailed 'Service and Inspection Report" will be prepared and furnished to the Municipal Property Manager 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. B. Contractor shall submit weekly opening and closing reports upon request by the City. These reports will reflect: 1. Enter/ Exit information for the facility 2. Authorized and unauthorized access to the facility 3. Any modifications to the auto arm feature 4. Other alarm conditions VI. QUALIFICATIONS OF CONTRACTOR A. The Contractor shall possess and shall maintain a valid C-7 and C-1 0 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. B. 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) C. The Contractor shall provide information regarding his equipment, personnel, project manager and any other information that could inform the City of Carlsbad of his qualifications to provide services required under this agreement. (Attach to Proposal) D. The Contractor shall provide uniformed, properly trained and licensed personnel in a company marked vehicle for all work performed under this agreement. VII. ENFORCEMENT AND DEDUCTIONS A. If, in the judgment of the Municipal Property Manager or his designated representative, the vendor is deemed to be non-compliant with the terms and obligations of the agreement, the Municipal Property Manager 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 or his designated representative, in a written notice desc1 Oribing the reasons for said action. The written notice shall constitute reason for any deductions so imposed. City Attorney Approved Version 4/1/15 10 PEM1217. VIII. BONDING A. A Faithful Performance Bond is required -See Exhibit "B" Facility Name City of Carlsbad City Hall South City of Carlsbad City Hall North Wing City of Carlsbad City Hall (Fire) City of Carlsbad Cole Library City of Carlsbad Cole Library (Fire) City of Carlsbad PlanninQ Dept City of Carlsbad Planning Dept - Conference Room City of Carlsbad Planning Department City of Carlsbad Library City of Carlsbad Library Gallery City of Carlsbad Library Main Dove City of Carlsbad Main Library (Fire) City of Carlsbad Hawthorne BldQ City of Carlsbad Hawthorne BldQ City of Carlsbad Las Palmas BldQ City of Carlsbad Las Palmas BldQ City of Carlsbad Fleet Operations City of Carlsbad Fleet Operations City of Carlsbad Fire Station #5 VENDOR'S PROPOSED COST OF SERVICE FACILITY LIST AND SERVICE FEE Address. Monthly Fee ''···<·. 1200 Carlsbad $51.25 Village Drive 1200 Carlsbad $51.25 Village Drive 1200 Carlsbad $51.25 Village Drive 1250 Carlsbad $51.25 Village Drive 1250 Carlsbad $51.25 Village Drive 1635 Faraday $51.25 1635 Faraday $51.25 1635 Faraday $51.25 1775 Dove Lane $51.25 1775 Dove Lane $51.25 1775 Dove Lane $51.25 1775 Dove Lane $51.25 2065 Camino Vida $51.25 Robles 2065 Camino Vida $51.25 Robles 2075 Las Palmas $51.25 Drive 2075 Las Palmas $51.25 Drive 2480 Impala Drive $51.25 2480 Impala Drive $51.25 2540 Orion Street $51.25 Annual Amount $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 $615.00 $615.00 City Attorney Approved Version 4/1/15 11 PEM1217 City of Carlsbad 258 Beech Street $51.25 $615.00 Magee House · City of Carlsbad 258 Beech Street $51.25 $615.00 Magee House (Fire) City of Carlsbad 2955 Elmwood $51.25 $615.00 Arts House City of Carlsbad 2965 Roosevelt Housing and Street $51.25 $615.00 Redevelopment City of Carlsbad Calaveras Hills 2997 Glasgow Drive $51.25 $615.00 Community Center City of Carlsbad Calaveras Hills 2997 Glasgow Drive $51.25 $615.00 Community Center City of Carlsbad Calaveras Hills 2997 Glasgow Drive $51.25 $615.00 Community Center (Firel City of Carlsbad Harding Community 3096 Harding Street $51.25 $615.00 Center (Fire) City of Carlsbad 3096 Harding Street $51.25 $615.00 Police Substation City of Carlsbad 3096 Harding Street $51.25 $615.00 Community Center City of Carlsbad Harding Community 3096 Harding Street $51.25 $615.00 Center City of Carlsbad 3235 Eureka Place $51.25 $615.00 Holiday House City of Carlsbad 3235 Eureka Place $51.25 $615.00 Holiday House City of Carlsbad 3368 Eureka Place $51.25 $615.00 Learning Center City of Carlsbad Learning Center 3368 Eureka Place $51.25 $615.00 (Fire1 City of Carlsbad 3401 Monroe Street $51.25 $615.00 Swim Complex City of Carlsbad 3401 Monroe Street $51.25 $615.00 Swim Complex City of Carlsbad 3420 Camino De Los Stagecoach Park Coches $51.25 $615.00 Maint Bldg City of Carlsbad 3420 Camino De Los Stagecoach Park Coches $51.25 $615.00 (Fire) City of Carlsbad 3420 Camino De Los Stagecoach Park Coches $51.25 $615.00 Main Bldg City Attorney Approved Version 4/1/15 12 PEM1217 City of Carlsbad 3420 Camino De Los Stagecoach Park Coches $51.25 $615.00 Main Bldg City of Carlsbad Main Public Works 405 Oak Avenue $51.25 $615.00 Office City of Carlsbad 405 Oak Avenue $51.25 $615.00 Public Works Office City of Carlsbad 5750 Orion Street $51.25 $615.00 Joint 1st Responder City of Carlsbad 5815 El Camino Real $51.25 $615.00 Farmers Bldg City of Carlsbad Farmers Bldg-5815 El Camino Real $51.25 $615.00 Evidence Storage City of Carlsbad Farmers Bldg-5815 El Camino Real $51.25 $615.00 Evidence Storage City of Carlsbad 5815 El Camino Real $51.25 $615.00 Farmers Bldg (Fire) City of Carlsbad 5950 El Camino Real $51.25 $615.00 Water Department City of Carlsbad 5950 El Camino Real $51.25 $615.00 Water Department City of Carlsbad 5950 El Camino Real $51.25 $615.00 Water Dept Shop City of Carlsbad 5950 El Camino Real $51.25 $615.00 Water Dept Shop City of Carlsbad 5950 El Camino Real $51.25 $615.00 Water Dept (Fire) City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Fire System Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Barn & Theatre Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Caretaker House Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 The Hacienda Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Visitor Center Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Dede's Hse Lane City of Carlsbad 6200 Flying L.C. Leo Carrillo Park -$51.25 $615.00 Caretaker Cottage Lane City Attorney Approved Version 4/1/15 13 PEM1217 City of Carlsbad 6425 Ambrosia $51.25 $615.00 Aviara Park Maint City of Carlsbad 6440 Aviara $51.25 $615.00 Aviara Park Community Park City of Carlsbad 6600 Hidden Valley $51.25 $615.00 Poinsettia Park Road City of Carlsbad 7201 Rancho Santa $51.25 $615.00 Fire Station 6 Fe Road City of Carlsbad 799 Pine Ave. $51.25 $615.00 Senior Center City of Carlsbad 799 Pine Ave. $51.25 $615.00 Senior Center City of Carlsbad 799 Pine Ave. $51.25 $615.00 Senior Center (Fire) Alga Norte Park 6565 Alicante Road $51.25 $615.00 Maintenance Bldg 1 Alga Norte Park 6565 Alicante Road $51.25 $615.00 Maintenance Bldg 2 Alga Norte Park 6565 Alicante Road $51.25 $615.00 Maintenance Bldg 3 Alga Norte Park 6565 Alicante Road $51.25 $615.00 Maintenance Bldo 5 Alga Norte Park 6565 Alicante Road $51.25 $615.00 Fire Alga Norte 1st Aid 6565 Alicante Road $51.25 $615.00 Room Monthly Total $3,690.00 Annual Total $44,280.00 Total for 8-Month Term of Agreement $29,520.00 City Attorney Approved Version 4/1/15 14 BOND #728511 P Premium $750 Premium Is for contract term and Is subject to adjuatment baaed on final contract price PEM1217 EXHIBIT "8" FAITHFUL PERFORMANCE/WAR WHEREAS, the City of Carlsbad, State of California, has adminis tlvely awarded to Rancho Saf!ta Fe Security Systems, Inc. dba CAPS Security, (hereinafter design ted as the "Pr1ncipal"), a Contract for: SECURITY ALARM MONITORING AND MAINTE ANCE SERVICES, AND FIRE ALARM MONITORING SE VICES in the City of Carlsbad, in strict conformity with the contract, the dra ings and specifications, and other Contract Documents now on rue In the Office of the City Clerk of th City of Carfsbad, all of whiCh are Incorporated herein by this reference. · WHEREAS, Principal has executed or Is about to execute said Co tract and the terms thereof require the furnishing of a bond for the faithful performance and warranty f said Contract; · NOW, THEREFORE, VVE, RANCHO SANTA FE SECURilY SYST MS, INC. dba CAPS SECURilY, as Principal, (hereinafter designated as the "Contractor.,), and IND MNITY COMPANY OF CALIFORNIA · · , as urety, are held and firmly bound unto the City of Carfsbad, In the sum of Thirty Thousand Dollars ( 30,000), said sum being equal to one hundred percent (100%) of the estimated amount of the Cont ct, to be paid to City or Its certain attorney, Its successors and assigns; for which payment, well and t ly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jo ntly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the abo e bounden Contractor, their heirs, executors, administrators, successors or assigns, shall In all thin stand to and abide by, and well and truly keep and perform the covenants, conditions, and ag ements In the Contract and any alteration thereof made as therein provided on their part, to be kep and performed at the time and In the manner therein specified, and in all respects according to their rue intent and meaning, and shall indemnify and save harmless the City of Car1sbad, its officers, ployees and agents, as therein stipulated, then this obligation shall become null and void; otherw e it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fac amount specified therefore, there shall be included costs and reasonable expenses and fees, lncl ding 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, al eration or addition to th~ terms of the Contract, or to the work to be performed there under or the sp tlcatlons accompanying the same shall affect its obligations on this bond, and it does hereby waive otiee of any change, extension of time, alterations or addition to the tenns of the contract or to the w~rk or to the specifications. I i I 'I I \ City Altomey Approved version 411/15 15 i I I I I •• l PEM1217 In the event that Contractor is an individual, it is agreed that the d ath of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ___ _ day of __________ , 20 __ By: Executed by SU · ETY this _1_;_5_TH ___ day of ----~-t-M_AY ______ , ZO~ SURETY: INDEMNITY COM 17771 COWAN, 100 IRVINE, CA 92614 B -~~--~~~--~~----(signature rAt orney-in-Fact) TED COLLINS I (printed name of Attorney-in-Fact) I . · (Proper notarial acknowledgment of execution by CONTRACTOR ·and SURETY must be attached.) m . (President or vice-president and secretary or assistant secretary ust sign for corporations. If onl~ one officer signs, the corporation must att~ch a resolution cr,rtified by the secretary or ass1stant secretary under corporate seal empowenng that officer to ind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: -~~~~~-----------~---------Assistant City Attorney 16 City Attorney Approved Version 4/1/15 .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT County of ~))( I1JO On VVl~ \fhr 20l5 beforeme, "1)(~ L~lj(Jt\"Lt1WJOU1 (here insert name and title of the officer) personally appeared "J).eJt) ~ V\1l),e-{ I M 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 Af (Ju~ (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document tit I ed/fo r the purpose of ________________________________ _ containing ______ pages, and dated ____________________ _ The signer(s) capacity or authority is/are as: D lndividual(s) 0 Attorney·in·Fact D Corporate Officer(s) ____________________ _ D Guardian/Conservator D Partner· Limited/General Trustee(s) Title(s) D Other: ________________________ _ representing: ---------~--c---------~~---,-------------- Name(sl of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ___________ _ Other 0 Additional Signer(s) 0 Signer(s) Thumbprint(s) D ----------------------------- ©Copyright 2007·2014 Notary Rotary, Inc. PO Box 41400, Des Moines, lA 50311·0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ S_an_D_,_.eg.,_o ________ _ On __ M_A_Y_1_5T_H_,_2_0_15 ____ before me, ___ L._H_a_h_:n,_N_o_ta_ry'----Pu_b_li_c ------------- Date Here Insert Name and Title of the Officer personally appeared ---=-Te:::d:...:C::..:o:::ll::.:in::::.s ________________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~)C whose name(s)c is/at~ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/f\~~ authorized capacity(ieS), and that by his/berithetr signature($): on the instrument the person(~. or the entity upon behalf of which the person(§) 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 ac?'lseal s;gnatu~'a.f;IZA Signature of Notary Public Place Notary Seal Above -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ____________ _ Signer's Name: ____________ _ r:::J Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ IJ Partner -:::-J Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact D Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:---------------0 Other: ----------------Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 \' I \ 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, 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 suretyship 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 29, 2015. By: c:Dat~ Daniel Young, Senior Vice-President By: -:-"'--~,----,----:-:----=-~~~-=?2=----- Mark Lansdon, Vice-President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ----"'Ja""n""ua"'ry~29'-'-'-"20,_1"'5 ____ before me, ---------------';'Lu2c':'Cill:":e'-'RC':ay~m""o"-'nd"::,-;.N;;:o,ta~ry'-'P~u:O"bl""ic'----------------oate Hare Insert Name and Tille of the Officer personally appeared -------------------=D'-"a""ni=ei'"'Y""ou"'-n""g-7a7-nd=;-M;c=ar":k"7-La""n""sd"'o"'n ___________________ _ Name(s) of Signer(s) 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/shelthey 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. ~~~ (I -(}/I w L...._ . l Signature --------:--:-SH""~-=---.,...-,-,-~-'----'---1-'------'-----LucilltJ'~nd, 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 Certificale is executed in the City of Irvine, California, this 15TH day of MAY , 2015 . ID-1380(Rev.01/15) Donna Heraty From: Sent: To: Cc: Subject: Dear Consultant: Donna Heraty Wednesday, June 10, 2015 8:48 AM 'dmueller@rsfsecurity.com' Rhonda Gasper-Heather; Janean Hawney; Shelley Collins Form 700 -Conflict of Interest Regarding your agreement with the City of Carlsbad for security alarm monitoring and maintenance services, and fire alarm monitoring services- If your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, (city of Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www .ca rlsbadca .gov 760-434-2917 I Shelley.Collins@carlsbadca.gov Connect with us -Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 1