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Home My WebLink AboutJMG Security Systems Inc; 2016-04-14;AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF A SECURITY SYSTEM JMG SECURITY SYSTEMS, INC. THIS _AGREEMENT is made and entered into as of the / L;~ day of ft~CI f , 20_J_..!A by and between the CITY OF CARLSBAD, a municipal corporati n, ("C1ty"), and JMG Secunty Systems, Inc. ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced in the installation and maintenance of facility security and access control systems. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. The City Manager may extend the Agreement for three (3) additional years in an amount not to exceed six thousand, seven hundred and ninety dollars ($6,790). Extensions will be based upon satisfactory review of Contractor's performance, City needs, and appropriation of funds by City Council. 3. COMPENSATION The total fee payable for the Services to be performed will be six thousand, seven hundred and ninety dollars ($6, 790). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. City Attorney Approved Version 4/1/15 5. 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. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current 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, in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further City Attorney Approved Version 4/1/15 2 acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) &;/?-~$m~ //. (print name/title) (sign here) 2?tJ_j,0j ~ 'I el fht Ccv, cO 1 \f r v (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California /" By:~' / "\ tf'Manager or Mayor or Director Charles McBride ATTEST: 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 3 Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer City Attorney Approved Version 4/1/15 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 An rJ~ Qjf=:1 By: L.l...tk:J Assistant 1ty Attorney City Attorney Approved Version 4/1/15 4 EXHIBIT "A" SCOPE OF SERVICES Cole Library IT reader installation as well as the new Sorting room card reader installation and handicap door connection. For the Cole Library we will recommend the installation of an American Magnetics (AMAG) single POE door controller with HID ICLASS keypad proximity card reader. The electronic lock is existing so we would include a power supply for the lock and termination of all system wiring. Please review the following: 1-SMP3 Power Supply 1-HID RMPK40 Keypad/Proximity Reader 1-Single Door Contact 1-DS160 Egress Sensor 1-AMAG EN1DC POE Door Controller Material, Labor and Programming Included Installation & Equipment Total - System Support Warranty Monthly Fee- l $3,050.00 $ 25.00 Additional proposal for the Cole Library Sorting room entry card reader location; 1-AL400ULX Power Supply (Upgrade from SMP3 Power Supply) 1-HID RMPK40 Keypad/Proximity Reader 1-AMAG EN2DC POE Door Controller (Upgraded from one door to two door controller) Material, Labor and Programming Included Installation & Equipment Total-L $3,200.00 System Support Warranty Monthly Fee-$ 20.00 We will include converting the existing keypad reader at the 1630 Faraday location into the same AMAG Symmetry platform when the system is installed. All work listed in this scope will be completed by June 30, 2016. City Attorney Approved Version 4/1/15 5