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HomeMy WebLinkAboutRancho Santa Fe Security Protective Services Inc; 2021-04-14;City Attorney Approved Version 1/30/13 1 - 1. -- 2. 3. DocuSign Envelope ID: A770CE81-6125-40D6-891 C-AEDBDAB6C08C AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR SECURITY SERVICES RANCHO SANTA FE SECURITY SERVICES, INC. This Amendment No. 1 is entered into and effective as of the 24th day of March , 20...2.2., extending and amending the agreement dated April 14, 2021 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Rancho Santa Fe Protective Services, Inc., ("Contractor") (collectively, the "Parties") for security guard services. RECITALS A. The Parties desire to alter the Agreement's scope of work to increase the hourly pay rate of the unarmed uniformed security officer during regular Senior Center hours from $30.00 to $33.50 for no more than 1,040 hours per year, for a total cost of $34,840; and B. The Parties desire to alter the Agreement's scope of work to add 129 hours for rentals and events during non regular Senior Center hours at $40 per hour for a total cost of $5,160; and C. The Parties desire to extend and fund the Agreement for a period of one year; and D. The Parties 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: That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on April 14, 2023 on a time and materials basis not to exceed forty thousand dollars ($40,000). All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 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 City Attorney Approved Version 1/30/13 2 4. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks & Recreation Director Denise M. Korenek, President & Secretary (print name/title) ATTEST: By: N/A Single Signer (sign here) FAVIOLA MEDINA City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: A770CE81-6125-40D6-891 C-AEDBDAB6C08C /II 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. .:J~ R.. ~ ~ fr-, DocuSign Envelope ID: A770CE81-6125-40D6-891 C-AEDBDAB6C08C ~ .~~;::;~:J:::~:;,';~; Total Security, Without Compromise• Since 1978 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 Encinitas, March 14, 2022 Exhibit A Scope of Services and Fee Delivered via e-mail to Margaret.Hamer@carfsbadca.gov Margaret Hamer City of Carlsbad, CA Re.: Proposal for contract extension for Security Guard Services at Carlsbad Senior Center at 799 Pine Avenue Dear Ms. Hamer: Rancho Santa Fe Protective Services {RSFPS) hereby expresses the interest to exercise the first of the two (2) additional years of contract extension to provide for Security Guard Services at Carlsbad Senior Center located at 799 Pine Avenue, Carlsbad, CA pending on City of Carlsbad's approval to amend the agreement to extend the contract. The contract was previously executed on April 14, 2021. Additionally, the City has also expressed the interest in requesting additional Security Guards for different renta ls and events at City's facilities and parks throughout the year. Due to the significant increase in our labor costs and other costs in providing our services, we are requesting an increase of our hourly rate for the Carlsbad Senior Center post from the previous $30.00 / hour to $33.50 / hour billing rate effective on May 1, 2022 . Revised Hourly rate and proposed schedule for the Senior Center • Unarmed Uniformed Security Officer -hourly rate for Senior Center • Weekly hours at the Senior Center • Approximate total Annual hours/amount for City to use at Senior Center: $33.50 20 hours 1,040 hours (or $34,840) Based on the estimated total weekly hours that the City can use as per the above calculation, we are planning to keep our current schedule at the Senior Center intact, i.e . to have the onsite security guard coverage on Mondays to Fridays from 10:00 a.m. to 2:00 p.m. Additional Unarmed Guards for City's rentals and events: • Guard's hourly billing rate for City's rentals and events • City's Total Annual Budget (for both Senior center and rentals/events) • Remaining annual amount/hours to be used for other renta ls/ events $40 per hour $40,000 $5,160 (129 hours) For additional guard, we would require at least a minimum of 4 hours per guard per rental/event. For any rentals / events that require more than 8 hours per day per guard, we would charge the Overtime rate at 1.5 times of the applicable billing rate for any hours in excess of 8 hours per day per guard. 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 #PPO93S7 • Firearm Training #TFF1041 DocuSign Envelope ID: A770CE81-6125-40D6-891 C-AEDBDAB6C08C Please note that for additional Guards needed for City's rentals and events, we require that the City provide us with the written request with at least 21 days advance notice so we can staff accordingly. Should the City provide us with less than 21 days-notice, the hourly billing rate will be $60.00 per hour. Any rentals and events that occur during the Holidays will be billed at the $60.00 per hour rate as well. Our observed Holidays are New Year's day, Memorial Day, Independence day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. 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 RS FPS the opportunity to serve City of Carlsbad. Be~~ &JWA'frv Ridwan Sasmita Controller E-mai l: Controller@rsfsecurity.com Phone: 760.697.9851 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/2/2021 License # 0L48969 (619) 380-5587 109 (619) 864-7106 10851 RANCHO SANTA FE SECURITY PROTECTIVE SERVICES INC 1991 Village Park Way #100 Encinitas, CA 92024 22357 A 1,000,000 X 51GL014784211 12/1/2021 12/1/2022 500,000 GL DEDUCTIBLE $1000 10,000 1,000,000 2,000,000 1,000,000 X PER PROJECT BY CONTRACT E&O LIABILITY 1,000,000 5,000,000A X 51CC005424211 12/1/2021 12/1/2022 5,000,000 10,000 B X 16WEQY5BG5 4/30/2021 4/30/2022 1,000,000 Y 1,000,000 1,000,000 RE: CONTRACTED SERVICES ALL PROJECTS THE CITY OF CARLSBAD IS INCLUDED AS AN ADDITIONAL INSUREDS AS/WHERE REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY, AUTO LIABILITY, GENERAL LIABILITY WAIVER OF SUBROGATION, AUTO LIABILITY WAIVER OF SUBROGATION, GENERAL LIABILITY PRIMARY NON-CONTRIBUTORY WORDING, EXCESS LIABILITY FOLLOWS FORM AND WORKERS COMPENSATION WAIVER OF SUBROGATION, BUT LIMITED TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO ALL THE POLICY TERMS, CONDITIONS AND EXCLUSIONS PER ENDORSEMENTS ATTACHED: ECG 20 599 05 09; CG 25 03 11 85; EIL 00 514 01 08; EDEC 164 03 13. WORK COMP WAIVER OF SUBROGATION PER ATTACHED WC 04 03 06. CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 947 MURRIETA, CA 92564 RANCSAN-01 ORDLI1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Lilly Ordonez lilly@c3insurance.com Everest Indemnity Insurance Company Hartford Accident And Indemnity Company X X X X XX X X X ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I 1001486 132849.12 03-16-2016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/10/2021 Jake Cesare Ins & Fin Svcs, Inc 227 N El Camino Real, Ste 206 Encinitas CA 92024 Jake Cesare 760-942-2277 760-942-4274 Jake@YourAgentJake.com Rancho Santa Fe Security Services, Inc 1991 Village Park Way, #100 Encinitas CA 92024 25178 A Y Y 238 8384-E08-55J 11/08/2021 11/08/2022 1,000,000 1,000,000 1,000,000 Certificate Holder is Additionally Insured The City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services PO Box 947 Murrieta CA 92564 State Farm Mutual Automobile Insurance Company ACORD® I ~ ,.............. State Farm I A , ~ □ □ ~ ~ Fl □ □ ~ ~ [Z ~ ~ ~ ~ H I I I I I □ I COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU – INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera- tions, but only when you and such person or or- ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily inju- ry", "property damage" or "personal and advertis- ing injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of “your work” for an addi- tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ- ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu- sions apply: This insurance does not apply to: 1. “Bodily injury”, “property damage” or “person- al and advertising injury” arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "person- al and advertising injury" arising out of the rendering of, or the failure to render, any ar- chitectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "person- al and advertising injury" arising out of any construction projects that are part of a consol- idated (wrap-up) insurance program. This ex- clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per- formed or furnished at the location of the wrap-up construction project or anywhere else. 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. 10 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 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 □ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Process Date: 04/21/21 Policy Expiration Date: 04/30/22 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: 16 WE QY5BG5 Effective Date: 04/30/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:RANCHO SANTA FE SECURITY SYSTEMS INC 1991 VILLAGE PARK WAY STE 100 ENCINITAS CA 92024 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 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us ? COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART DECLARATIONS Policy Number: I 51 CC005424-201 Item 1. Named Insured: I Rancho Santa Fe Protective Services, Inc. DBA: California Advanced Protective Services FORM OF BUSINESS (To be completed, if not shown on Common Policy Declarations): D fudividual □ Partnership D Joint Venture D Limited Liability Company D Trust !XI 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: 12/01/2020 at 12:01 A.M., Standard Time at your mailim~ address shown on the Common Policy Declarations. Item 3. LIMITS OF INSURANCE General Aggregate Limit: $ 5,000,000 Products-Completed Operations Aggregate Limit: $ 5,000,000 Each Occurrence Limit: $ 5,000,000 Item 4. SELF INSURED RETENTION Each Occurrence 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 Part 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 Part: 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 NIA Total Annual Advance Premium $ STATE TAX OR OTHER CHARGE (If Applicable): $ ... TOTAL COVERAGE PART PREMIUM $ EDEC 164 03 13 Copyright, Everest Reinsurance Co., 2013 Pagel of 2 SCHEDULE OF UNDERLYING INSURANCE FOR COVERAGE A CARRIER, Policy Number and Type of Coverage Policy Period Commercial General Liability Everest Indemnity Insurance Company 51GL014784-201 12/01 /2020-12/20/2021 See Form IL 12 01 11 85 Hartford Ace& Indemnity Ins 16WEQY5BG5 04/30/2020-04/30/2021 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 Policy 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 Page2 of 2 SUPPLEMENTARY DECLARATIONS NAMED INSURED 1st named Insured goes here Rancho Santa Fe Protective Services, Inc. OBA DECLARATIONS EFFECTIVE DATE 12/01/2020 POLICY NUMBER 51 CC005424-201 THIS DECLARATIONS IS USED AS AN OVERFLOW FOR FIELDS ON THE MAIN DECLARATIONS PAGE NOT LARGE ENOUGH FOR THE NECESSARY INFORMATION. COUNTERSIGNED BY: NAMED INSUREDS: FIRST NAMED INSURED AND MAILING ADDRESS: Rancho Santa Fe Protective Services, Inc. OBA: California Advanced Protective Services (Caps) Rancho Santa Fe Security Systems, Inc 1991 Village Park Way, #100 Encinitas, CA 92024-2024 OTHER NAMED INSUREDS: dba; Park Plaza Executive Suites di~~ AUTHORIZED REPRESENTATIVE EDEC 226 07 02 Supplementary Declarations Copyright Everest Reinsurance Company, 2002 Page 1 of 1 □ EUM 24 565 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -PRIMARY AND NONCONTRIBUTORY FOR ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART A. Paragraph 5. Other Insurance, SECTION IV -COMMERCIAL CATASTROPHE LIABILITY CONDITIONS is replaced by the following: 5. Other Insurance a. This insurance is excess over, and will not contribute with any "other insurance", whether such "other insurance" is stated to be primary, excess, catastrophe, umbrella, contingent or on any other basis. However, "other insurance" does not include: (1) Insurance specifically written as excess over this Coverage Part; or (2) Insurance held by an additional insured described in paragraph 3. of SECTION II -WHO IS AN INSURED for which they are listed as a named insured, but only under a written contract: (a) Requiring a specific limit of insurance that is in excess of the "retained limit"; (b) Requiring that this insurance be primary insurance and not contribute with that of the additional insured; and (c) Executed prior to the loss. In such case as described in sub-paragraph (2) above, we shall not seek contribution from the additional insured's primary or excess insurance for which they are a named insured for amounts payable under this insurance. b. When this insurance is excess over "other insurance", we will pay only our share of the amount of loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. B. As respects this endorsement, the following definition is added: "Other insurance" means insurance, or any type of self-insurance or other mechanism by which an insured arranges for the funding of legal liabilities, which is available to any insured and covers injury or damage to which this insurance applies, other than: a. "Underlying insurance"; or b. Insurance which is specifically purchased by you to be excess of the insurance afforded by this insurance. EUM 24 565 12 19 Copyright, Everest Reinsurance Co., 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 City Attorney Approved Version 6/12/18 1 AGREEMENT FOR SECURITY SERVICES RANCHO SANTA FE SECURITY PROTECTIVE SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RANCHO SANTA FE PROTECTIVE SERVICES, INC.,("Contractor"). RECITALS 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 affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 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 periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-four thousand nine hundred eighty dollars ($34,980). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-four thousand nine hundred eighty dollars ($34,980) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E 21April 14 City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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 DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E City Attorney Approved Version 6/12/18 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Margaret Hamer Name Maria Alcaraz Title Recreation Area Manager Title Security Operations Manager Department Parks & Recreation Address 1991 Village Park Way, Suite 100 City of Carlsbad Encinitas, CA 92024 Address 799 Pine Ave, Suite 200 Phone No. 760-942-0688 Carlsbad, CA 92008 Email malcaraz@rsfsecurity.com Phone No. 760-602-4682 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E City Attorney Approved Version 6/12/18 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E City Attorney Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks & Recreation Director (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E Denise Korenek, President DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E DocuSign Envelope ID: 426E86B6-512C-47AC-A987-1AFCB75D655E ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/30/2020 License # 0L48969 (619) 369-9121 103 (619) 864-7106 10851 RANCHO SANTA FE SECURITY PROTECTIVE SERVICES INC 1991 Village Park Way #100 Encinitas, CA 92024 22357 A 1,000,000 X 51GL014784 201 12/1/2020 12/1/2021 100,000 5,000 GL DEDUCTIBLE $1000 1,000,000 2,000,000 1,000,000 X PER PROJECT BY CONTRACT E&O LIABILITY 1,000,000 5,000,000A X 51CC005424 201 12/1/2020 12/1/2021 5,000,000 10,000 B 16WEQY5BG5 4/30/2020 4/30/2021 1,000,000 Y 1,000,000 1,000,000 RE: CONTRACTED SECURITY SERVICES AT CARLSBAD SENIOR CENTER- 799 PINE AVE, CARLSBAD, CA 92010 THE CITY OF CARLSBAD IS INCLUDED AS AN ADDITIONAL INSUREDS AS/WHERE REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY, AUTO LIABILITY, GENERAL LIABILITY WAIVER OF SUBROGATION, AUTO LIABILITY WAIVER OF SUBROGATION, GENERAL LIABILITY PRIMARY NON-CONTRIBUTORY WORDING, EXCESS LIABILITY FOLLOWS FORM AND WORKERS COMPENSATION WAIVER OF SUBROGATION, BUT LIMITED TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO ALL THE POLICY TERMS, CONDITIONS AND EXCLUSIONS PER ENDORSEMENTS ATTACHED: ECG 20 599 05 09; CG 25 03 11 85; EIL 00 514 01 08; EDEC 164 03 13. CITY OF CARLSBAD C/O RECREATION AREA MGR-PARKS & REC 799 PINE AVENUE CARLSBAD, CA 92010 RANCSAN-01 LIEFR1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Fred Liebel fred@c3insurance.com Everest Indemnity Insurance Company Hartford Accident And Indemnity Company X X X X XX X X X COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU – INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera-tions, but only when you and such person or or-ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in-sured only with respect to liability for "bodily inju-ry", "property damage" or "personal and advertis-ing injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of “your work” for an addi-tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ-ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov-erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu-sions apply: This insurance does not apply to: 1. “Bodily injury”, “property damage” or “person-al and advertising injury” arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of the rendering of, or the failure to render, any ar-chitectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica-tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of any construction projects that are part of a consol-idated (wrap-up) insurance program. This ex-clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per-formed or furnished at the location of the wrap-up construction project or anywhere else.