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Rancho Santa Fe Security Protective Services Inc; 2018-04-18;
AMENDMENT NO. 2 TO EXTEND ANO AMEND AGREEMENT FOR SECURITY SERVICES RANCHO SANTA FE SECURITY PROTECTIVE SERVICES, INC. This Amendment No. 2 is entered into and effective as of the \ ?J:\,.., day of ~~ r:·, \ , 20.lQ., extending and amending the agreement dated April 1 ~218 {the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Santa Fe Protective Services, Inc., ("Contractor'') (collectively, the "Parties") for security services at 799 Pine Avenue. RECITALS A. On March 11, 2019, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for protective security services at 799 Pine Avenue; and B. The Parties desire to alter the Agreement's scope of work to increase the hourly pay rate of the unarmed uniformed security officer from $28.00 to $29.50. To keep costs under the City's $35,000 budget, total annual hours have been decreased from 1,249 hours to 1,186 hours; and C. The Parties desire to extend the Agreement for a period of one year; and D. The Patties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on April 18, 2021 on a time and materials basis not-to- exceed thirty-five thousand dollars ($35,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR By: J? (sign here) f£S\dcol- (print name/title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: <Jl-d-~~ BARBARA ENGLESON City Clerk 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:~/C- Assistant City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES AND FEE ~r Security Systems, Inc. Protective Services, Inc. Total S&curity, Without Compromise .. Since 1978 Encinitas, March 11, 2020 Kelly Murphy City of Carlsbad, CA Delivered via e-mail Rancho Santa Fe Security 1991 Village Park Way, Suite 100 Encinitas, CA 92024 (760) 942-0688 • Fax (760) 942-9387 lnfo@RSFsecurity.com • www.RSFsecurity.com Re.: Proposal for contract extension for Security Guard Services at 799 Pine Avenue, Carlsbad, CA Dear Ms. Murphy: The following is Rancho Santa Fe Protective Services' {RSFPS) proposal to extend our current agreement with City of Carlsbad to provide for Security Guard Services at Carlsbad Senior Center located at 799 Pine Avenue, Carlsbad, CA. Our original agreement was signed on April 18, 2018 and was extended per Amendment No. 1 '.;igr1ed on March 11, 2019 for one additional year. We are submitting this revised proposal to request for an additional one {1) year term ending April 18, 2021 as stipulated in the original agreement. Revised Hourly rate and proposed schedule • Unarmed Uniformed Security Officer -hourly rate • Total Annual hours for City use • Estimated Annual Cost $29.50 1,186 $34,987 Based on the latest discussion that our Operations team had with City's operations team and the estimated total hours that the City can use, we are proposing to provide the onsite security guard coverage for approximately 4 hours each during during the 3 days of the week and approximately 5 hours each day during the other 2 days of the week. However, we are flexible to tailor the schedule based on City's priority and needs. RSFPS's primary contact for this contract is: Jon Boever/ Maria Alcaraz 1991 Village Park Way, Suite #100 Encinitas, CA 92024 E-mail: jboever@rsfsecurity.com (for Jon Boever) or malcaraz@rsfsecurity.com (for Maria Alcaraz) Phone: 800.303.8877 The rest of the clauses in the Agreement shall remain the same. Thank you again for providing RSFPS the opportunity to serve City of Carlsbad, Denise Korenek CEO & President Burglar Alarms • Fire Alarms• Card Systems• CCTV •Phone Line Security Internet Video Monitoring• Patrol Services• Guard Services• Alarm Response• Safety Classes Contractors #427169 • Alarm Co #ACO1142 • Patrol #PPO9357 • Firearm Training #TFF1041 City Attorney Approved Version 1/30/13 3 RANCSAN-01 LIEFR1 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 3/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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). PRODUCER License # OL48969 ~2m;i1cT Fred Liebel C3 Risk & Insurance Services rt8.N,;o, Ext): (619) 369-9121 103 I FAX 404 Camino Del Rio S. STE 410 (A/C, No):(619) 864-7106 San Diego, CA 92108 ~~n1lb ..... fred@c3insurance.com INSURERfSl AFFORDING COVERAGE NAIC# INSURER A: Everest lndemnitv Insurance Comoanv 10851 INSURED INSURER B ,Zurich American Insurance Co 16535 RANCHO SANTA FE SECURITY PROTECTIVE SERVICES INC INSURER C: 1991 Village Park Way #100 INSURER D: Encinitas, CA 92024 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TIO ,.,~n un,n YTY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f---------~ CLAIMS-MADE 00 OCCUR X 51GL014784191 12/1/2019 12/1/2020 DAMAGE TO RENTED 100,000 Dl>~MIC::P:: (Ea nee, '"~nee\ $ MED EXP IAnv one oersonl $ 5,000 X GL $1,000 DEDUCTIBLE PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ POLICY 00 m~T □ LOC PRODUCTS . COMP/OP AGG $ 1,000,000 OTHER per project by contract PROF LIABILITY $ 1,000,000 ,/ ~TOMOBILE LIABILITY fi:~~~~:!.~~"SINGLE LIMIT $ ANY AUTO BODILY INJURY IPer oerson\ $ ~ OWNED -SCHEDULED ~ AUTOS ONLY -AUTOS BODILY INJURY IPer accident\ $ HIRED NON-OWNED 1P~9~tc~di~t?AMAGE $ ~ AUTOS ONLY -AUTOS ONLY $ A X UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS-MADE X 51CC005424 191 12/1/2019 12/1/2020 AGGREGATE $ 5,000,000 / OED I X I RETENTION$ 10,000 $ B WORKERS COMPENSATION XI ~~fTIIT~ I I glH-AND EMPLOYERS' LIABILITY Y/N WC009360503 4/30/2019 4/30/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE w E.L. EACH ACCIDENT $ N/A Pr.l'f~~i::,~,~~~~ EXCLUDED? E.L. DISEASE -EA EMPLOYEF $ 1,000,000 ~~;~~ftf~8~ ~~~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES AA CORD 101, Addlllonal Remarks Schedule, maE be attached If more •o.ce Is required) RE: CONTRACTED SECURITY SERVICES ATC RLSBAD SENIOR CENTER-799 PIN AVE, CARLSBA , 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 0311 85; EIL 00 514 01 08; EDEC 164 0313. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARLSBAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C/0 RECREATION AREA MGR-PARKS & REC 799 PINE AVENUE CARLSBAD, CA 92010 AUTHORIZED REPRESENTATIVE I ~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION Ill) applies separately to each of your projects away from premises owned by or rented to you. CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 □ COMMON POLICY CONDITIONS -CALIFORNIA All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 1 O days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property EIL 00 514 01 08 Copyright, Everest Reinsurance Company, 2000 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Copyright, Insurance Service Office, Inc., 1998 Page 1 of 2 G. METHOD OF CLAIM NOTICE Under all of the coverages of this policy, notice of claim or circumstances which may reasonably be expected to give rise to a claim hereunder shall be given in writing to, and at the address for the Claims Organization shown in the Declarations. If no Claims Organization is shown in the Declarations, such notice shall be given in writing to Everest Indemnity Insurance Company, dba Mt. McKinley Managers Insurance Services, L.L.C., Westgate Corporate Center, PO Box 830, Liberty Corner, NJ 07938-0830. H. SERVICE OF SUIT It is agreed that in the event of our failure to pay any amount claimed to be due hereunder we, at your request will submit to th~ jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Legal Department, Everest Indemnity Insurance Company, dba Mt. McKinley Managers Insurance Services, L.L.C., Westgate Corporate Center, PO Box 830, Liberty Corner, NJ 07938-0830 or his or her representative, and that in any suit instituted against us upon this contract, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, or Director of Insurance, other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above named Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. I. CALIFORNIA INSURANCE CODE SECTION 1772 -SUITS INVOLVING SURPLUS LINES BROKER -REMEDIES a. A surplus lines insurer may be sued upon any cause of action arising in the state of California under any surplus lines insurance contract made by it, or any evidence of insurance issued or delivered by the surplus lines broker, pursuant to the procedure set forth in Sections 1610 to 1620, inclusive, of the California Insurance Code. Any policy or evidence of insurance issued by the surplus lines insurer or the surplus lines broker shall contain a provision stating the substance of Section 1772 of the California Insurance Code and designating the person to whom' the Commissioner shall mail process. b. Every surplus lines insurer assuming surplus lines insurance shall be deemed thereby to have subjected itself to Chapter 6 of the California Insurance Code in which Section 1772 is found. c. The remedies provided by Section 1772 of the California Insurance Code shall be in addition to any other methods provided by law for service of process. EIL 00 514 01 08 Copyright, Everest Reinsurance Company, 2000 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Copyright, Insurance Service Office, Inc., 1998 Page 2 of 2 COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART DECLARATIONS Policy Number: I 51CC005424-191 Item 1. Named Insured: I Rancho Santa FE Security System Inc FORM OF BUSINESS (To be completed, if not shown on Common Policy Declarations): D lndi victual □ Partnership D Joint Venture □ Limited Liability Company D Trust IZI Organization, including a Corporation (but not including a Partnership, Joint Venture or Limited Liability Company) Item 2. Policy Period: If this Item is completed, the beginning of Policy Period shown on the Common Policy Declarations does not apply and is deleted and replaced by the following: 12/01/2019 at 12:01 A.M., Standard Time at your mailin~ address shown on the Common Policv Declarations. Item 3. LIMITS OF INSURANCE General Aggregate Limit: $ 5,000,000 Products-Completed Operations Aggregate Limit: $ 5,000,000 Each OccuITence Limit: $ 5,000,000 Item 4. SELF INSURED RETENTION Each Occu!1'ence Self-Insured Retention: $ 10,000 Item 5. SCHEDULE OF UNDERLYING INSURANCE The Schedule of Underlying Insurance for Coverage A is shown on page 2 of these Coverage Paii Declarations. The Schedule of Underlying Insurance for any coverage, other than for Coverage A, is shown on the endorsement adding that coverage to this insurance. Item 6. Forms and Endorsements Forms and Endorsements attached to this Coverage Pa1i: SEE EDEC 114 (03/99) SCHEDULE OF FORMS AND ENDORSEMENTS, ATTACHED Item 7. PREMIUM Premium Schedule Premium I Estimated I Rate per I Estimated I Minimum Basis N/A Exposure N/A $ N/A Premium N/A Premium N/A Total Annual Advance Premium $ STATE TAX OR OTHER CHARGE (If Applicable): $ I TOTAL COVERAGE PART PREMIUM $ ---- EDEC 164 03 13 Copyright, Everest Reinsurance Co., 2013 Pagel of 2 .. SCHEDULE OF UNDERLYING INSURANCE FOR COVERAGE A CARRIER, Polley Number and Type of Coverage Polley Period Commercial General Liability Everest Indemnity Insurance Company 51GL014784-191 12/01/2019-12/20/2020 See Form IL 12 01 11 85 Zurich American Insurance WC009360503 04/30/2019-04/30/2020 EDEC 164 03 13 Commercial Auto Liability Employer's Liability For employees subject to the New York Workers' Compensation Law, the "Underlying Insurance" Policy(ies) Limits of Insurance for any Employers' Liability policy listed on the Schedule of Underlying Insurance Is amended to Unlimited and this Commercial Catastrophe Liability Polley does not apply In excess of the Unlimited amount. Copyright, Everest Reinsurance Co., 2013 Applicable Limit General Aggregate Limit (Other than Products-Completed Operations) $ 2,000,000 Products-Completed Operations Aggregate Limit $ 1,000,000 Personal & Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Any One Accident Limit $ Bodily Injury by Accident $ 1,000,000 Each Accident Bodily Injury by Disease $ 1,000,000 Policy Limit $ 1,000,000 Each Employee 9 Page2 of2 SUPPLEMENTARY DECLARATIONS NAMED INSURED DECLARATIONS EFFECTIVE DATE POLICY NUMBER ,S' named Insured goes here Rancho Santa FE Security System Inc 12/01/2019 51 CC005424-191 THIS DECLARATIONS IS USED AS AN OVERFLOW FOR FIELDS COUNTERSIGNED BY: ON THE MAIN DECLARATIONS PAGE NOT LARGE ENOUGH FOR ~ ~ THE NECESSARY INFORMATION. J f(~_.rr-#J!_.:. AUTHORIZED REPRESENTATIVE NAMED INSUREDS: FIRST NAMED INSURED AND MAILING ADDRESS: Rancho Santa FE Security System Inc 1991 Village Park Way #100 Encinitas, CA 92024 OTHER NAMED INSUREDS: EDEC 226 07 02 Supplementary Declarations Copyright Everest Reinsurance Company, 2002 Page 1 of 1 □ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE Policy Change Number o 51CC005424-191 12/1/19 Everest Indemnity Insurance Company NAMED INSURED Rancho Santa FE Security System Inc AUTHORIZED REPRESENTATIVE ALL RISKS LTD. COVERAGE PARTS AFFECTED UMBRELLA CHANGES The Following Applies to the Schedule of Underlying Insurance on form EDEC 164 03 13: Commercial Auto Liability -State Farm mutual Auto Ins Co # 0239636-C07-55N; 08/26/19-03/07/20;$1,000,000 Combined Single Limit #204-0177-B09-55J; 08/26/19-02/09/20;$1,000,000 Combined Single Limit # 4634 727-E05-55B; 08/26/19-05/05/20;$1,000,000 Combined Single Limit # 4485075-C06-55C; 08/26/19-03/06/20;$1,000,000 Combined Single Limit # 2388384-A13-55H; 08/26/19-01/13/20;$1,000,000 Combined Single Limit All other terms and conditions remain unchanged. DATE: 11/25/19 Authorized Representative Signature IL 120111 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 □ ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER CONTACT Matt Elish NAME: StateFarm JAKE CESARE rA~~N,.';:_ c_,_ 760.942.2277 I FAX 760.942.4274 IAJC Nol: A® 111 N EL CAMINO REAL, STE D !~n~~ ..... MATT@YOURAGENTJAKE.COM ENCINITAS, CA 92024 INSURERISl AFFORDING COVERAGE NAIC# INSURER A: State Farm General Insurance Company 25151 INSURED INSURERB: RANCHO SANTA FE PROTECTIVE SERVICES, INC INSURER C: 1991 VILLAGE PARK WAY, #100 INSURER D: ENCINITAS, CA 92024 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,~ID-Ji~ POLICY EXP LTR ··•~ft luA<ft POLICY NUMBER IMM/DD/VVVVI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ ~ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED f----PREMISES /Ea occurrence\ $ -MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ □PR~ □LOG PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY y 284 9737-025-55F 10/25/2019 10/25/2020 COMBINED SINGLE LIMIT $ 3,000,000 fFa accident\ IZ ANYAUTO BODILY INJURY (Per person) $ 1,000,000 A OWNED z SCHEDULED BODILY INJURY (Per accident) $ 1,000,000 -AUTOS ONLY AUTOS HIRED NON-OWNED rp~~~ci,~);.~gAMAGE $ 2,000,000 -AUTOS ONLY -AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additionally Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. C/0 EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE ~~ New York, NY 10163-4668 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR SECURITY SERVICES RANCHO SANTA FE SECURITY PROTECTIVE SERVICES, INC. This Amen ment No. 1 is entered into and effective as of the / / th day of __ ...L.....J'--J-(..:!,,.,o<~o::::::._.1..-____ , 2013_, extending the agreement dated April 18, 2018 (the "Agreeme t") by and between the City of Carlsbad, a municipal corporation, ("City"), and Rancho Santa Fe Protective Services, Inc., ("Contractor") (collectively, the "Parties") for security services at 799 Pine Avenue. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on April 18, 2020. 2. Agreement is hereby amended to add an amount not to exceed thirty-five thousand dollars ($35,000), on a time and materials basis, for Amendment No. 1. 3. Section 15 (Notices) of the Agreement is amended to update the City's designated contact for receiving notices to: Margaret Hamer Recreation Area Manager Parks & Recreation 799 Pine Avenue Carlsbad, CA 92010 760-602-4682 4. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill 1 City Attorney Approved Version 1/30/13 5. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By: CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: . \ jwr{\o A~ Km~ ~ sign here) ~ARBARA ENGLESON By: \S(_ ~(eneL-Seue¼ ityClerk (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: CELIAA. BREWER, City Attorney BY: _ ___;::C_'A:::;:_____,,,.---....,..;.../~ ..... .---""'----- Deputy City Attoi~ City Attorney Approved Version 1 /30/13 2 RANCSAN-01 LIEFR1 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/OD/YYYY) ~ 11/27/2018 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). PRODUCER License # OL48969 qf~TACT Fred Liebel N ME: C3 Risk & Insurance Services rit:g~fio, Ext): (619) 369-9121 103 IFAX 404 Camino Del Rio S. STE 410 (A/C,No):(619) 864-7106 San Diego, CA 92108 i~D'M~ss: fredc@c3insurance.com INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Philadelohia lndemnitv Insurance Comoanv 18058 INSURED INSURER B : Zurich American Insurance Co 16535 Rancho Santa Fe Security Systems, Inc. INSURER c: Mercer Insurance Comoanv 14478 1991 Village Park Way #100 INSURERD: Encinitas, CA 92024 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \MTH 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. 11Nl: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS •••c,n un,n ... A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 X PHPK1910884 12/1/2018 12/1/2019 PR""I"'"':: (Ea occurrence\ $ MED EXP (Anv one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ ~ POLICY □ ~f8f □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER GL DEDUCTIBLE $1000 PROFESSIONAL LI $ 1,000,000 / ~TOMOBILE LIABILITY PE~~~~~~llNGLE LIMIT $ ANY AUTO BODILY INJURY (Per oersonl $ f--OWNED ~ SCHEDULED f--AUTOS ONLY f--AUTOS BODILY INJURY (Per accident) $ HIRED ~ar&vm1~ Ft..?~&~dVnt?AMAGE $ f--AUTOS ONLY f-- $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 f--PHUB655694 12/1/2018 12/1/2019 5,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ / DED I X I RETENTION$ 10,000 OVERGL $ B WORKERS COMPENSATION XI ~f~TUTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N X WC009360502 4/30/2018 4/30/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cr] E.L. EACH ACCIDENT $ fl.l'FICERIMEMBER EXCLUDED? N/A 1,000,000 ( andatory In NH) E.L DISEASE -EA EMPLOYEE $ ~~;~~ftf~8~ 'c;'t~PERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 C Excess over Auto 27305778 12/1/2018 12/1/2019 EXCESS OVER AUTO LIA 5,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more s0ce ls Mulred) RE: SECURITY ALARM MONITORING AND MAINTENANCE SERVICES, AND FIRE ALARM MONITORIN SERV CES CONTRACT #GS150 THE CITY OF CARLSBAD IS NAMED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECTS TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED AND PER THE FORMS AND CONDITONS OF THE ATTACHED ENDORSEMENTS: CG 20 37 0413; PI-GLD-SG 10 13; IL 02 70 0912. WORK COMP WAIVER OF SUBROGATION PER A TT ACHED WC 04 03 06. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-GLD-SG (10/13) PHPK1910884 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security 2 Services only Medical Payments $20,000 2 Medical Payments -Extended Reporting Period 3 years 2 Supplementary Payments -Bail Bonds $2,500 3 Supplementary Payments -Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured -Broadened Named Insured Included 3 Additional Insured -Managers and Supervisors Included 3 Additional Insured -Managers, Landlords, or Lessors of Included 3 Premises Additional Insured -Lessors of Leased Equipment -Automatic Included 4 Status When Required in Lease Agreement With You Additional Insured -Granters of Permits Included 4 Additional Insured -Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bodily Injury -Mental Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice Included 9 Page1 of10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) A. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION Ill -LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V -DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments -Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill -LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Under SECTION I -COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (b) is amended to read: provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and Page 2 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS -COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS -COVERAGES A AND B provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." F. Who is an Insured SECTION II -WHO 15 AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured -Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Managers and Supervisors -If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. c. Managers, Landlords, or Lessors of Premises -Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Page 3 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) d. Lessors of Leased Equipment -Automatic Status When Required in Lease Agreement With You -Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits -Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract -Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 4 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) {a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or {b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV -COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. I. Duties in the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. This is upon the distinct understanding and agreement however, that you, the insured, as soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. 2. The requirement in Condition 2.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: Page 5 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 3. The requirement in Condition 2.b. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. K. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. L. Bodily Injury -Mental Anguish SECTION V -DEFINITIONS, Paragraph 3. is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. M. Assault and Battery with Extended Property Damage SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to: Page 6 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) (1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I -COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I -COVERAGES is amended by adding the following: COVERAGE D -ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However, we will have no duty to defend the insured against any "suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in SECTION Ill -LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS -COVERAGES A, B, ANDD. (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions This insurance does not apply to: Page 7 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) "Bodily injury" or "property damage"; (2) "Personal and advertising injury"; PI-GLD-SG (10/13) (3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 197 4, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages: (a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. (11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. c. SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended to read SUPPLEMENTARY PAYMENTS -COVERAGES A, B, AND D Page 8 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. SECTION Ill -LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following: PI-GLD-SG (10/13) 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; and d. Damages under Coverage D. (2) Item 5. is replaced by the following: 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage" arising out of any one "occurrence"; and c. Damages under Coverage D. e. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 0. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and Page 9 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (10/13) 2. Medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. Page 10 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK1910884 IL 02 70 0912 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 0912 © Insurance Services Office, Inc., 2012 Page 1 of 4 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following prov1s1on is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss -Special Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. Page 2 of 4 © Insurance Services Office, Inc., 2012 IL02700912 C. The following is added and supersedes any provisions to the contrary: Non renewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss -Special Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL02700912 © Insurance Services Office, Inc., 2012 Page 3 of 4 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Page 4 of 4 © Insurance Services Office, Inc., 2012 IL 02 70 0912 POLICY NUMBER: PHPK1910884 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket -where required by contract Blanket -where required by contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 040306 Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform 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 work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization POLICY#: WC009360502 WC 252 ( 4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description "ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US." Page 1 of 1 AGREEMENT FOR SECURITY SERVICES RANCHO SANTA FE SECURITY PROTECTIVE SERVICES, INC. A THIS AGREEMENT is made and entered into as of the / ~:\:½.., day of -~ r: ,' \ · , 20~, by and between the CITY OF CARLSBAD, a municipal corpo tlon, ("City"), and RANCHO SANTA FE PROTECTIVE SERVICES, INC., ("Contractor"). RECITAbS A. City requires the professional services of a security guard company that is experienced in providing security guard services to municipal governments. B. Contractor has the necessary experience in providing professional services and advice related to security. C. Contractor has submitted a proposal to City and has affinned 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 one ( 1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year terms. 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 not exceed thirty-four thousand, nine-hundred seventy-two ($34,972). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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 tor any purposes. City Attorney Approved Version 9/27/17 The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation Insurance or unemployment contributions on behalf of Contractor or Its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement ·and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier Is required to have a current Best's Key Rating of not less than "A-: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 9/27/17 2 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 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. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' CompenS@tion 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 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. City Attorney Approved Version 9/27/17 3 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 RECQRDS 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 nonnal 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 Cindy Anderson Title Senior Management Analyst Department _P_o-'li~ce ______ _ Address 2560 Orion Way Carlsbad, CA 92010 Phone No. (760) 931-2170 For Contractor Name Jeremy Vigil Title Security Operations Manager Address 1991 Village Park #100 Encinitas, CA 92024 Phone No. (760) 942-0688 Email jvigil@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 Carlsbad Conflict of Interest Code. The Contractor shall report Investments or Interests in all categories. City Attorney Approved Version 9/27/17 4 17. GENERALCOMPLIANCEWITH LAWS Contractor will keep fully infonned 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 perfonnance 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 perfonnance 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 perfonn the Services, City may terminate this Agreement for nonperfonnance 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 detennination of fact based upon the work product delivered to City and of the percentage of work that Contractor has perfonned which is usable and of worth to City in having the Agreement completed. Based upon that finding City will detennine 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 City Attorney Approved Version 9/27/17 5 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. 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. City Attorney Approved Version 9/27/17 6 CONTRACTOR By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: NEIL GALLUCCI, CHIEF OF [INSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] . \)m; ~ KDvene,\l.. l ?1es\ c\-crl+ 1 ~ /print name/tltle t ATTEST: By: dV//WI( ~ zt.· .t. _<Jru= (sign here) f' ~ ~RA ENGLESON t)eV)\ ~ \<..of ene\L_ , '"::£-C,(e,~ City Clerk (print name/title) 7 -~ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney APPROVED AS TO FORM Celia dir, ·ty Attorney By:_-i....;;....;;;;~---""!"r--- Asst/Deputy City Attorney City of Carlsbad, CA City Attorney Approved Version 9/27/17 7 POLICE Proposal For: Carlsbad Senior Center Attn. C. Anderson, CPD & Public Works Presented By: Jeremy Vigil February 27, 2018 Licenses: Contractors #427169 • Alarm Co #ACO1142 • Patrol #PPO9357 SECURITY PROPOSAL Licenses: Contractors #427169 • Alarm Co #ACO1142 • Patrol #PPO9357 2 of 4 February 27, 2018 City of Carlsbad Police Department, Thank you for the opportunity to provide you with a proposal for security services at 799 Pine Ave Carlsbad. We look forward to working with you and providing a service that is personalized and meets all of your needs. Established in 1978, RSFPS Inc. has been providing premier security services to residential and commercial properties throughout San Diego County. Over the years many changes have occurred within the industry however we have maintained a focus on providing superior customer service and building long lasting relationships. We take pride in our community and participate in our local Rotary, Soroptimist and hold the Salute to Education annually. In addition to Patrol & Guard we offer other security services including, Security System Installation, Alarm Monitoring, Access Control, Alarm Response and CCTV Surveillance Systems. In the event you have any other security needs, please keep us in mind. Our Communication Center is staffed 24 hours a day to address your needs immediately and can be reached at (760) 942-0688 or via email at dispatch@rsfsecurity.com. If you have any questions or if I can be of assistance, please contact me directly at (760) 697-9856 or email jvigil@rsfsecurity.com Sincerely, Jeremy Vigil Security Operations Manager Rancho Santa Fe Protective Services SECURITY PROPOSAL Licenses: Contractors #427169 • Alarm Co #ACO1142 • Patrol #PPO9357 3 of 4 February 27, 2018 Scope of Services RSF Protective Services, Inc. utilizes the latest in guard tour technology for accountability and reporting purposes. We are flexible and can customize the duties performed on your property and make modifications to maximize efficiency. The terms for on-site security service, as per bid specifications, are as follows: One unarmed uniformed Security Officer assigned to 799 Pine Ave based on a schedule that both parties agree to. (See options provided on page 4) A minimum of 4 hours and up to 8 hours is considered a “shift”. The 9th-12th hour will be billed at 1.5x the hourly rate. Any hours in excess of 12 will be billed at twice the rate. Holidays worked will be billed at 1.5x the hourly rate. Throughout the course of each shift, the security officer will perform the following duties: Provide high visibility security presence in an effort to deter any unlawful activities on the property. Officer will address any undesirable activity, gather as much information on the subjects and activity taking place and then document in the appropriate report form via cellular device supplied by RSFPS. Client designee will have an option to receive reports daily or weekly. Officer will interact with City personnel to gain and relay information pertaining to the property. Other primary objectives are to deter vandalism, theft, trespassing, or any disturbances on the property or safety concerns in the immediate areas surrounding the site. Officer will enforce rules and regulations supplied by the City of Carlsbad. (i.e. Transients, unauthorized gatherings, alcohol, drugs) Observe all activities and report them to the management and local authorities as necessary. SECURITY PROPOSAL Licenses: Contractors #427169 • Alarm Co #ACO1142 • Patrol #PPO9357 4 of 4 February 27, 2018 Premium Proposal Based on the information provided to RSFPS, we have determined that in order to stay within the budget designated for this service, the City will need to formulate a schedule that best fits the property’s needs. (i.e. peak business hours, days, activity) Total Annual hours for City use 1,249.00 hours Unarmed Uniformed Security Officer per hour $28.00 Estimated Annual Cost* $34,972 *If the City decides that Security is not needed on recognized holidays then this will lower the annual cost or those hours can be used in another manner beneficial for the site. The following information provides examples of onsite security coverage. RSFPS firmly believes that security services need to be tailored based on the individual needs of our Client resulting in an effective service. If the City has other scheduling options in mind, please share them with me and I would be happy to work together building the ideal plan. Option A: Monday-Saturday or 6 days, 4 hours per day. Option B: Peak business/incident schedule- Wednesday- Saturday or 4 days, 6 hours per day Please sign below acknowledging acceptance and understanding of services as presented in this proposal. Signature Date Important: This proposal of security services is intended to be only a brief outline of services being offered. It is not intended to replace actual contract language. The contract itself must be read for specific details of products, extensions, limitations, and exclusions, as well as conditions that, as a client, you would need to comply with in the event of damages.