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HomeMy WebLinkAboutJMG Security Systems Inc; 2022-07-25; PWL23-1894FAC PWL23-1894FAC Fleet Gate Intercom Unit - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Fleet Gate Intercom Unit This letter will serve as an agreement between JMG Security Systems, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install 1 (one) Viking E-50 Intercom with video camera, per Exhibit A, B, C and City specifications, for a sum not to exceed one thousand six hundred dollars ($1,600). This work is to be completed within sixty (60) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad business license. 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney’s fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers’ Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the “Immigration Reform and Control Act of 1986” (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor 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. __________ init __________ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. _______ init _______ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 2 - City Attorney Approved 2/29/2016 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Lauren Milliken, 442-252-1165 Contractor Contact: Mike Tremblay, 800-900-4564 CONTRACTOR JMG Security Systems, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 938 S. Andreasen Dr., #F Escondido, CA 92029 P: 800-900-4564 F: 714-545-0352 mtremblay@jmgsecurity.com By: By: (sign here) Gil Ledesma, Vice-President of Sales & Marketing Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: Dated: (sign here) (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 July 25, 2022 PWL23-1894FAC Fleet Gate Intercom Unit - 3 - City Attorney Approved 2/29/2016 EXHIBIT A Fleet Gate Intercom Unit Contractor to provide all materials, tools and labor necessary to install an intercom unit with video camera at the entrance gate at the Fleet Maintenance Center located at 2480 Impala Dr., Carlsbad, CA. All work and materials to be consistent with the Contractor’s proposal dated July 12, 2022, and is attached to this agreement as Exhibit B and C. SCOPE OF WORK AND FEE DESCRIPTION PRICE Contractor to provide all tools, materials and labor to install 1 (one) Viking E-50 Intercom with video camera. $1,600 TOTAL* $1,600 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 4 - EXHIBIT B DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 5 - EXHIBIT C DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 6 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 7 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 8 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 9 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 10 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 11 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 PWL23-1894FAC Fleet Gate Intercom Unit - 12 - EXHIBIT C (Continued) DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 07/30/2021 Tolman & Wiker Insurance Services, LLC 5001 California Ave. Suite 150 Bakersfield CA 93309 Jessica Wilkison (661) 616-4700 (661) 616-4500 jwilkison@tolmanandwiker.com JMG Security Systems Inc. 17150 Newhope #109 Fountain Valley CA 92708 Steadfast Ins Co 26387 Zurich American Ins Co of IL 27855 American Guarantee & LIability Ins Co 26247 Insurance Company of the West 27847 Hartford Fire Ins Co 19682 21/22 GL/AU/UMB/WC/CR A Errors & Omissions $1,000 Deductible Y EOL066286402 08/01/2021 08/01/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y BAP0885645-01 08/01/2021 08/01/2022 2,000,000 C AUC873202801 08/01/2021 08/01/2022 5,000,000 5,000,000 D Y WIL505654101 08/01/2021 08/01/2022 1,000,000 1,000,000 1,000,000 E Employee Dishonesty 51BDDIE1561 08/01/2021 08/01/2022 Limit $100,000 Deductible $2,500 RE: Additional Card Reader. GL/AU: The City of Carlsbad is Additional Insured as respects to operations of the Named Insured per forms (GL) UGL1175FCW0413 and (AU) CA20481013. Endorsements apply only as required by current written contract on file. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668-ECM #35050 New York NY 10163-4668 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 OCCURRENCEDAMAGE 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 DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 POLICY NUMBER: BAP 0885645-00 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are “insureds” for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:JMG SECURITY SYSTEMS, INC. Endorsement Effective Date:05/01/2020 SCHEDULE Name Of Person(s) Or Organization(s): BLANKET PER WRITTEN CONTRACT COVERAGE IS PRIMARY, AND ON A NON-CONTRIBUTORY BASIS, WHERE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 BAP 0885645-01 08/01/2021 DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 Each person or organization shown in the Schedule is an “insured” for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 Additional Insured – Automatic – Owners, Lessees Or Contractors U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. EOL0662864-00 08/01/2019 08/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: JMG Security Systems, Inc. 17150 Newhope #109 Fountain Valley, CA 92708 Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 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 or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, 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 specifications; or b. Supervisory, inspection, architectural or engineering activities. EOL0662864-01 08/01/2020 08/01/2021EOL0662864-02 08/01/2021 08/01/2022 DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; 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. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97 06/02/2020 0108/01/2020 WIL 5056541 00 JMG SECURITY SYSTEMS, INC. WIL 5056541 0108/01/2021 DocuSign Envelope ID: 9CCB23D5-7237-4D64-B8D7-CA9F269F3E97