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Rancho Santa Fe Security Systems Inc; 2021-01-15; PSA21-1366FAC
PSA21-1366FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR CITY WIDE FACILITY SECURITY AND BURGLAR SYSTEM SERVICES RANCHO SANTA FE SECURITY SYSTEMS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, but effective February 2, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RANCHO SANTA FE SECURITY SYSTEMS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in facility security and burglar system services. B. Contractor has the necessary experience in providing professional services and advice related to facility security and burglar system services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in 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 two (2) years beginning February 2, 2021. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 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 forty-nine thousand six hundred forty-eight dollars ($49,648), not to exceed twenty-four thousand eight hundred twenty-four dollars ($24,824) per year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed twenty-four thousand eight hundred twenty-four dollars ($24,824) per Agreement year. 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". DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 15thJanuary PSA21-1366FAC City Attorney Approved Version 6/12/18 2 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 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 DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 3 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. 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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. 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. 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 obtain or DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 4 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 any time, 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Denise Mueller Title Public Works Superintendent Title Project Manager Department Public Works Address 1991 Village Park Way, #100 City of Carlsbad Encinitas, CA 92024 Address 405 Oak Ave. Phone No. 760-942-0688 Carlsbad, CA 92008 Email dmueller@rsfsecurity.com Phone No. 760-434-2944 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. DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 5 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 categories. Yes No 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 payable DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 6 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 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. /// /// /// DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 7 26.AUTHORITYThe 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 authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California RANCHO SANTA FE SECURITY SYSTEMS, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Denise Korenek, President, Secretary (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all tools, materials and labor to perform citywide facility security and burglar alarm services at the locations in Carlsbad, California listed on the Proposed Cost of Service Chart. I. QUALIFICATIONS OF CONTRACTOR 1. Contractor must possess a valid Alarm Company Operator License issued by the California Bureau of Security & Investigative Services for the duration of this agreement. 2. Contractor must possess a valid Private Patrol Operator License issued by the California Bureau of Security & Investigative Services for the duration of this agreement. 3. Contractor must own and operate an Underwriters Laboratories (UL) certified Central Monitoring Station or be contracted with an Underwriters Laboratories (UL) certified Central Monitoring Station for the duration of this agreement. II. CONTRACTOR’S STAFF & TRAINING 1. In cooperation with the Carlsbad Police Department, Contractor agrees to, and to pay for Live Scan fingerprinting and background checks on all personnel providing services for this agreement. In the event such fingerprinting and or background checks reveal an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the City. 2. Throughout the life of the agreement, the City reserves the right to require the Contractor to have fingerprinting and background checks updated or completed upon request at the Contractor’s cost. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. 3. Contractor shall provide to the Contract Administrator a list of the Contractor’s staff that will work at all City facilities over the course of the agreement. Upon satisfactorily completing the background check, contractor’s staff may be issued keys or a City RFID badge which will allow limited access to some City facilities during normal business hours. 4. If the Contractor wishes to amend the list to add additional staff, the required background check must be completed and approved by the Contract Administrator prior to any new staff members commencement of work at City facilities. 5. In the event a Contractor’s employee has lost their City issued keys or RFID badge, the Contractor must notify the Contract Administrator immediately. 6. In the event a Contractor’s staff member, who was issued keys or a RFID badge has their employment terminated, the Contractor must notify the Contract Administrator immediately of the separation, and retrieve the City issued keys/RFID badge from the DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 9 former employee. The Contractor shall return the keys/badge to the Contract Administrator within twenty-four (24) hours of separation. Any loss, or damages to City facilities as a result of the Contractor’s staff misuses, or failure to report a lost badge will be at the Contractor’s expense. 7. The Contractor’s staff will be required to work in a semi-autonomous manner. The Contractor’s staff will be required to interact in a businesslike and professional manner with City staff and members of the public. 8. Contractor shall have a "Local" representative with authority to contractually bind Contractor in matters, which may arise during this agreement performance period. “Local” in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. Contractor shall provide, prior to commencement of work under this Contract, in writing to the Contract Administrator, a statement indicating by name the specific authority vested in the "Local" representative. Contractor’s "Local" representative shall be responsible for instructing and training of Contractor's personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7 AM. to 5 PM, Monday through Friday). 9. Each crew of Contractor's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other Contractor's supervisory personnel present. 10. The Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of City staff, its contractors and the public patronizing the premises. Contractor shall meet with representatives of the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor’s employees will not be detrimental to the interest of City staff, its contractors and, the public patronizing the premises. The Contract Administrator may at any time order any of the Contractor’s personnel removed from the premises when, in the reasonable belief of the Contract Administrator, said Contractor’s personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing the premises. 11. The Contractor shall require each of his personnel to adhere to basic professional standards of working attire including uniform shirts and/or vests clearly marked with the Contractor’s company name and employee name badges as approved by the Contract Administrator. Sufficient changes shall be provided to present a neat and clean appearance of the Contractor's personnel at all times. Shirts shall be worn and buttoned DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 10 at all times. Contractor’s personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. III. BURGLAR ALARM SERVICES 1. For the duration of this agreement, the Contractor shall provide uninterrupted monitoring of the burglar alarm systems listed on the Proposed Cost of Service Chart, or systems added by future amendments to this agreement, 24 hours per day, 7 days a week. 2. For the duration of this agreement, the Contractor shall notify the appropriate Emergency Services in the event of any alarm condition requiring Police or Fire Department response for the burglar alarm systems listed on the Proposed Cost of Service Chart, or systems added by future amendments to this agreement, 24 hours per day, 7 days a week. 3. For the duration of this agreement, the contractor shall maintain a 24-hour telephone contact number to their Central Monitoring Station. The Central Monitoring Station shall be capable of verifying City authorized users by their individual user code to cancel false alarms. 4. Contractor shall notify the Contract Administrator, or their designated representative upon evidence of a system malfunction or possible breach of security within 24 hours evidence of a system malfunction or possible breach of security. 5. Contractor shall not share any City authorized user information or alarm codes with any other party except by written request of the Contract Administrator. 6. Contractor shall submit to the Contract Administrator, or their designated representative daily alarm reports for all burglar alarm systems listed on the Proposed Cost of Service Chart, or systems added by future amendments to this agreement. These daily reports will reflect: • Any burglar alarm system activations • Any modifications or exceptions to the auto arm features on the burglar alarm systems • Any system malfunctions or other abnormal alarm system conditions requiring service Alarm Code Changes and Database Management 7. Contractor shall allow the Contract Administrator or their designated representative the ability to remotely input, delete or change codes in all city owned monitored security alarm systems, and with the Contractor’s Central Monitoring Station. The cost of this capability is included in the monthly account monitoring fee and no additional compensation will be allowed. 8. Contractor shall provide the Contract Administrator or their designated representative as needed alarm code database management and software training. All training will be billed hourly at the agreed rate in the Proposed Cost of Service Chart. DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 11 9. Contractor shall input, delete or change codes at the request of the Contract Administrator or their designated representative. Code changes shall be completed by the contractor within 24 hours of any request. Each code change will be billed at the agreed rate in the Proposed Cost of Service Chart. IV. AS NEEDED SECURITY GUARD SERVICES 1. Contractor will provide as needed un-armed security guard services at City facilities when requested by the Contract Administrator. All un-armed security guard services will be billed hourly at the agreed rate in the Vendor's Proposed Cost of Services Chart. 2. All un-armed security guards shall be cable of, but are not limited to, providing: • A high level of uniformed security presence in an effort to deter any unlawful activities or safety concerns at City facilities or the immediate areas surrounding the site. • Enforcement of rules and regulations supplied by the City of Carlsbad. • Complete and accurate daily written reports to the Contract Administrator. • Documentation of arrival and departure times. 3. All un-armed security guards must be currently registered and licensed by the California Bureau of Security & Investigative Services. Contractor will provide proof of current registration and licensing at the request of the Contract Administrator. Proposed Cost of Service Chart Burglar Alarm Services Locations Address Service Type Monthly Rate Annual Amount Alga Norte Building 1 - Pump Room 6565 Alicante Road Burglar $ 39 $ 468 Alga Norte Building 2 - Administration 6566 Alicante Road Burglar $ 39 $ 468 Alga Norte Building 3 - Meeting Room 6567 Alicante Road Burglar $ 39 $ 468 Alga Norte Building 4 - First Aid 6568 Alicante Road Burglar $ 39 $ 468 Alga Norte Building 5 - Maintenance Shop 6569 Alicante Road Burglar $ 39 $ 468 Calavera Hills Community Center 2997 Glasgow Drive Burglar $ 39 $ 468 City Hall Council Chambers 1200 Carlsbad Village Drive Burglar $ 39 $ 468 City Hall North Wing 1200 Carlsbad Village Drive Burglar $ 39 $ 468 City Hall South Wing 1200 Carlsbad Village Drive Burglar $ 39 $ 468 CMWD Office Building 5950 El Camino Real Burglar with Cellular Backup $ 54 $ 648 CMWD Shop 5950 El Camino Real Burglar with Cellular Backup $ 54 $ 648 Cole Library 1250 Carlsbad Village Drive Burglar $ 39 $ 468 DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 12 Burglar Alarm Services Locations Address Service Type Monthly Rate Annual Amount Dove Library Auditorium 1775 Dove Lane Burglar $ 39 $ 468 Dove Library Gallery 1775 Dove Lane Burglar $ 39 $ 468 Dove Library Main 1775 Dove Lane Burglar $ 39 $ 468 Elmwood House 2955 Elmwood Burglar $ 39 $ 468 Faraday Building 1635 Faraday Ave Burglar $ 39 $ 468 Farmers Building 5815 El Camino Real Burglar with Cellular Backup $ 54 $ 648 Farmers Building Police Evidence 5815 El Camino Real Burglar $ 39 $ 468 Fleet Operations 2480 Impala Drive Burglar $ 39 $ 468 Harding Community Center 3096 Harding Street Burglar $ 39 $ 468 Harding Community Center Police Substation 3096 Harding Street Burglar $ 39 $ 468 Holiday House 3235 Eureka Place Burglar $ 39 $ 468 Leo Carrillo Ranch Barn Visitor Center 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Leo Carrillo Ranch Caretaker's House 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Leo Carrillo Ranch Deedie's House 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Leo Carrillo Ranch Hacienda 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Leo Carrillo Ranch Residence 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Leo Carrillo Ranch Stable 6200 Flying Leo Carrillo Cellular Burglar with Virtual Keypad $ 68 $ 816 Library Learning Center 3368 Eureka Place Burglar $ 39 $ 468 Magee House 258 Beach Street Burglar $ 39 $ 468 Monroe Pool 3401 Monroe Street Burglar with Cellular Backup $ 54 $ 648 Pine Community Center 3209 Harding Street Cellular Burglar with Virtual Keypad $ 68 $ 816 Public Works Yard Office 405 Oak Ave Burglar $ 39 $ 468 Senior Center 799 Pine Ave Burglar with Cellular Backup $ 54 $ 648 Stagecoach Community Center 3420 Camino de los Coches Burglar with Cellular Backup $ 54 $ 648 DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 PSA21-1366FAC City Attorney Approved Version 6/12/18 13 Additional Services Units per Contract Year Rate Annual Budget Estimate Alarm Code Changes and Database Management Training (Hourly Budget Estimate) 4 $ 90.00 $ 360 Alarm Code Changes (Budget Estimate Per Code Change Per Account) 50 $ 10.00 $ 500 As Needed Security Guard Services (Hourly Budget Estimate) 80 $ 45.00 $ 3,600 Annual Total Per Agreement Year $24,824.00 DocuSign Envelope ID: 3DA1C819-9EFE-4E96-9883-3F6F97420151 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/21/2020 License # 0L48969 (619) 369-9121 103 (619) 864-7106 10851 RANCHO SANTA FE SECURITY PROTECTIVE SERVICES INC 1991 Village Park Way #100 Encinitas, CA 92024 22357 A 1,000,000 X 51GL014784 191 12/1/2019 12/1/2020 100,000 5,000 GL $1000 DEDUCTIBLE 1,000,000 2,000,000 1,000,000 X PER PROJECT BY CONTRACT E&O 1,000,000 5,000,000A X 51CC005424 191 12/1/2019 12/1/2020 5,000,000 10,000 B 16WEQY5BG5 4/30/2020 4/30/2021 1,000,000 Y 1,000,000 1,000,000 RE: CONTRACTED SECURITY SERVICES AT CARLSBAD SENIOR CENTER- 799 PINE AVE, CARLSBAD, CA 92010 THE CITY OF CARLSBAD IS INCLUDED AS AN ADDITIONAL INSUREDS AS/WHERE REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY, AUTO LIABILITY, GENERAL LIABILITY WAIVER OF SUBROGATION, AUTO LIABILITY WAIVER OF SUBROGATION, GENERAL LIABILITY PRIMARY NON-CONTRIBUTORY WORDING, EXCESS LIABILITY FOLLOWS FORM AND WORKERS COMPENSATION WAIVER OF SUBROGATION, BUT LIMITED TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO ALL THE POLICY TERMS, CONDITIONS AND EXCLUSIONS PER ENDORSEMENTS ATTACHED: ECG 20 599 05 09; CG 25 03 11 85; EIL 00 514 01 08; EDEC 164 03 13. CITY OF CARLSBAD/CMWDC/O EXIGIS INSURANCE COMPLIANCE SERVICESP.O. BOX 947MURRIETA, CA 92564 RANCSAN-01 LIEFR1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Fred Liebel fred@c3insurance.com Everest Indemnity Insurance Company Hartford Accident And Indemnity Company X X X X XX X X X COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU – INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera-tions, but only when you and such person or or-ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in-sured only with respect to liability for "bodily inju-ry", "property damage" or "personal and advertis-ing injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of “your work” for an addi-tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ-ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov-erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu-sions apply: This insurance does not apply to: 1. “Bodily injury”, “property damage” or “person-al and advertising injury” arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of the rendering of, or the failure to render, any ar-chitectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica-tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of any construction projects that are part of a consol-idated (wrap-up) insurance program. This ex-clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per-formed or furnished at the location of the wrap-up construction project or anywhere else. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/14/2020 License # 0L48969 (619) 369-9121 103 (619) 864-7106 10851 Rancho Santa Fe Security Systems, Inc. 1991 Village Park Way #100 Encinitas, CA 92024 22357 A 1,000,000 X 51GL014784 201 12/1/2020 12/1/2021 100,000 5,000 GL DEDUCTIBLE $1000 1,000,000 2,000,000 1,000,000 X PER PROJECT BY CONTRACT E&O LIABILITY 1,000,000 5,000,000A 51CC005424 201 12/1/2020 12/1/2021 5,000,000 10,000 B X 16WEQY5BG5 4/30/2020 4/30/2021 1,000,000 Y 1,000,000 1,000,000 RE: PWM21-1304FAC (LEO CARRILLO SECURITY PANEL REPLACEMENT) THE CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSUREDS AND COVERAGES PER THE ATTACHED ENDORSEMENTS BUT SOLELY IN REGARDS TO THE OPERATIONS OF AND SERVICES PROVIDED BY THE ABOVE REFERENCED NAMED INSURED AS/WHERE REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY BUT LIMITED TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO ALL THE POLICY TERMS, CONDITIONS AND EXCLUSIONS PER ENDORSEMENTS ATTACHED: ECG 20 599 05 09; EIL 00 514 01 08; EDEC 164 03 13.WORK COMP WAIVER OF SUBROGATION PER ATTACHED WC 04 03 06. City of Carlsbad/CMWD CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 947 MURRITA, CA 92564 RANCSAN-01 LIEFR1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Fred Liebel fred@c3insurance.com Everest Indemnity Insurance Company Hartford Accident And Indemnity Company X X X X XX X X X COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU – INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera-tions, but only when you and such person or or-ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in-sured only with respect to liability for "bodily inju-ry", "property damage" or "personal and advertis-ing injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of “your work” for an addi-tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ-ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov-erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu-sions apply: This insurance does not apply to: 1. “Bodily injury”, “property damage” or “person-al and advertising injury” arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of the rendering of, or the failure to render, any ar-chitectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica-tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of any construction projects that are part of a consol-idated (wrap-up) insurance program. This ex-clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per-formed or furnished at the location of the wrap-up construction project or anywhere else. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:04/21/20 Policy Expiration Date:04/30/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:16 WE QY5BG5 Endorsement Number:Effective Date:04/30/20 Effective hour is the same as stated on the Information Page of the policy.Named Insured and Address:RANCHO SANTA FE SECURITY SYSTEMS INC1991 VILLAGE PARK WAY STE 100ENCINITAS CA 92024 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ourright against the person or organization named in the Schedule. (This agreement applies only to the extent that youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the workdescribed in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us