HomeMy WebLinkAbout2015 CON Locator Services DBA Able Patrol and GuardAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD
THIS AGREEMENT is entered into this 17th day of March, 2015, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Locator Services, Inc.
dba Able Patrol and Guard, a corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide security guard
services at the National City Public Library during regular business hours.
WHEREAS, the CITY has determined that the CONTRACTOR has provided security
service for San Diego's commercial and industrial facilities, hospitals, shopping centers,
financial institutions, educational facilities, governments, businesses and organizations and is
qualified by experience and ability to perform the services desired by the CITY, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the
CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services shall be performed directly by
the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth
in the attached Exhibit "A ".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
3. PROJECT COORDINATION AND SUPERVISION. Minh Duong, City
Librarian, hereby is designated as the Project Coordinator for the CITY and will monitor the
progress and execution of this Agreement. The CONTRACTOR shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONTRACTOR. George Grauer, Jr., Senior Vice -President, thereby is
designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the CITY. Monthly invoices will
be processed for payment and remitted within thirty (30) days from receipt of invoice, provided
that work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in
this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten
(10) business days, the CONTRACTOR and the City shall each prepare a report which supports
their position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONTRACTOR.
6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on March 17, 2015. The duration of this Agreement is for the period of 15
weeks through June 30, 2015. The CITY may renew this Agreement for four (4) additional one-
year terms, corresponding with the CITY's fiscal year — July 1 to June 30. The renewal is
contingent on a mutual agreement between the CITY and the CONTRACTOR.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONTRACTOR for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S
written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2 City's Standard Agreement —2014 revision
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees,
except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly
independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely
such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR and each
of its SUB CONTRACTOR(S), shall obtain and maintain a current City of National City
business license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONTRACTOR'S trade or profession currently practicing under similar
3 City's Standard Agreement —2014 revision
conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY' S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
4 City's Standard Agreement —2014 revision
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S
performance or other obligations under this Agreement; provided, however, that this
indemnification and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers, or employees.
The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this Agreement for any alleged or actual omission, act, or negligence under this
Agreement that occurred during the term of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. ® Automobile Insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include owned,
non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers,
agents and employees as additional insureds, and a separate additional insured endorsement shall
be provided.
C. ® Commercial General Liability Insurance, with minimum limits
of $1,000,000 per occurrence and $5,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project" or
"location".
D. ® Workers' Compensation Insurance in an amount sufficient to
meet statutory requirements covering all of CONTRACTOR'S employees and employers'
liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
5 City's Standard Agreement —2014 revision
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers'
Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said
Declaration shall be provided to CONTRACTOR by CITY.
E. ® The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall
not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. ® If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for
three years after expiration of the term (and any extensions) of this Agreement. In addition, the
"retro" date must be on or before the date of this Agreement.
G. ® Insurance shall be written with only California admitted companies
that hold a current policy holder's alphabetic and financial size category rating of not less than A
VIII according to the current Best's Key Rating Guide, or a company equal financial stability that
is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
H. ® This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with and
approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such
insurance policies in full force and effect at all times during the terms of this Agreement, the
CITY may elect to treat the failure to maintain the requisite insurance as a breach of this
Agreement and terminate the Agreement as provided herein.
1. ® All deductibles and self -insured retentions in excess of $10,000
must be disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled
by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of
the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
6 City's Standard Agreement —2014 revision
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Minh Duong
City Librarian
National City Public Library
City of National City
1401 National City Boulevard
7 City's Standard Agreement —2014 revision
National City, CA 91950-4301
To CONTRACTOR:
George Grauer, Jr.
Senior Vice -President
Locator Services, Inc. dba Able Patrol and Guard
4616 Mission Gorge Place
San Diego, CA 92120
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecdpy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONTRACTOR.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage
rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
8 City's Standard Agreement —2014 revision
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
9 City's Standard Agreement —2014 revision
CITY OF NATIONAL CITY
By:c )I.i.
Leslie Deese, City Manager
I
Cla •i 'Gacitua
City Attorney
APPOVED AS To FO •
0,44
itellite&fe
LOCATOR SERVICES, INC. DBA ABLE
PATROL AND GUARD
(Corporation — signatures of two corporate officers required)
By:
George Grauer
President
(Title)
(Name)
George Grauer, Jr.
(Print)
Vice President
(Title)
10
City's Standard Agreement —2014 revision
Able Patrol and Guard
4616 Mission Gorge Place
San Diego, CA 92120
Phone (619) 229-6100
Fax (619) 229-6106
PP05986
BILL TO
Name National City Public Library
Address 1401 National City Boulevard
City, State ZIP National City, CA 91950
Country
Phone
SHIPPING DETAILS
P.O.#
P.O. Date
Letter of Credit
Currency
Payment Term
Est. Ship Date
DATE: April 1, 2015
QUOTE
Exhibit A
SHIP TO
Name
Address
City, State ZIP
Country
Contact
ITEM # TAX DESCRIPTION
r Unarmed Security Service
fl Hours of service:
r - One uniformed, unarmed security officer to
✓ be assigned to National City Public Library
(! during normal business hours on the
(^ following days:
E Monday through Thursday,
✓ Saturday and Sunday
E Requests for additional service will be billed
l— at $19.90 per hour (4 hour minimum)
Special Notes, Terms of Sale
Mode of Transportation
Transportation Terms
Number of Packages
Est. Gross Weight
Est Net Weight
Carrier
UNIT OF
MEASURE QUANTITY UNIT PRICE
Hour 1 $19.90
This quote is valid through June 30, 2015
LINE TOTAL
SUBTOTAL
[other]
[other]
TOTALS
TE MM'OD'YYYY1
CERTIFICATE OF LIABILITY INSURANCE DA04;lANINN15
TICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
C DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIES
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 coot tiles holder certain policies may^require an endorsement. , the policyfies) tust be A statement�lodn this certificate lON doesS of confer subject to the to the
terms and conditions of the policy,
certificate holder in lieu of such endorsemont(s).
PRODUCER
INSURED
BOB SEELOS, AGENT
STATE FARM INSURANCE
5034 BONITA ROAD. SUITE D
BONITA, CA 91902
ABLE PATROL ANO GUARD SERVICES.
INC
4616 MISSION GORGE PLACE
SAN DIEGO. CA 92120-4133
CON ACT BOB SEELC)S _--. ---.
NAy : — F X 619475 54L:3
PHONE 619 475-530D UIC *a►
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NSUR5RB:..,_
COVERAGES
CERTIFICATE NUMBER: REVISION NUMBER:
ITHIS IS TO ERTIF T THAT THE POLICES OE NDICATED.CNOTMTHSTANDINGG ANYI REQUIREMENT. �N{ ERM OR CONDITION OFB
BANY CONTRACT OR OTHER DO UMENT BOVE FOR THE POLICY
HAVEEEN ISSUED TO THE INSURED NAMEDW1111 RESPECT TO WHICH THIS -
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIFS LIMITS SHOWN LILY HAVE BEEN RELY EFF POLICY 1XPBY PAID s --
MOTS
TYP[OF INSURANCETAinOS sR.Y�.. POLICY, NUMBER - UFUr � lNM'DG'YYYYI l (MNVDD:'YYYYI
NOT COVERED BY STATE EACH OCCURENCE 1 $
pflE11AL tJAtlllTY (DA1/2DX OTISENtEti 5.
FARM INSURANCE I PREMIC*JEa—"-
ICOMMERCIAL GENERALUO CUR MEDEXP(AnFenspatR7M
' ) CLAMS -MADE ,OCCUR PERSONAE- A ADY E WURY
LOENERAL AGGREGATE
PRODUCTS-G0MPEOPAGG 15
NA1C
25178
?-N'L AGGREGAtE LIMIT APPIES PER
-I
PRO.
[ IOC
AUTOMOBILE LIABILITY
X , ANY AUTO
X E .sLL(TKNEO AUTOS
X SCHE7JLFD AUTOS
X ,cRED AUTOS
X NONOANEG ALTOS
R 17-2599-F 11-55D
UMBRELLA LIAR
EXCESS UAB
D :IG_E
_ E kNT'.or
WORKERS COMPENSATION
ANO EMPLOYER$ UAINUTY
11-IY F.4OPRiE:ORIPARINCRiEXECUT
Cytl:ERNI-MUER EXCLUDED-+
1Mar10atory M NH)
11,4s nax=me M0.Y
:Tl1 --ens ram'
i- Ill
INSURER C
INSURER D__ �,..
INSURER E S
INSURER F
2200346-A1446A I07/14/2014 07/14/2015
NOT COVERED BY STATE
FARM INSURANCE
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES )Anace ACORD IOI. AOARIol.r l Remarks Sc mskee, Ir more span h repMrea)
IT IS AGREED THAT THE CITY OF NATIONAL CITY, ft S ELEC FED OFFICIALS. OFFICERS, AGENTS AND EMPLOYEkS ARE INCLUDED AS ADDITIONAL
INSUREDS AS RESPECTS TO GENERAL I IABILII Y AND AUTO 1 IA811TTY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
cOMB)NEO S58151Mn
Y1
BODILY I IURY (PM wpm) ') I S
BODILY MERELY (Par Am om [ S
PROPERTYCAMAOE
(>W adarq
5
EACH oczu RRENCH I
_.. $
I AGGREGATE $
IS
STATU- I IOtH-
_LIORY L 05 -_ I ER
EL. EACPI AC.ODENT
rrrrrr''''''
E.L DISEASE -EA iuPLoYEf S
if L. DISEASE - PODGY LIMIT 15
CERTIFICATE HOLDER
CITY DT NATIONAL CITY
NATIONAL CITY PUBLIC LIBRARY
1401 NATIONAL CITY BLVD
NATIONAL. CITY CA 9199
CANCELLATION
J
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CARCELL EU BEFORE THE
EXPIRATION DALE THEREOF, NOTICE WILL B 41`LIYERED IN ACCORDANCE WITH THE
POLICY PROVISIONS-
AUIHOR)7FD REPRFSENTA
BOB SEEI.OS AGENT
C 1988-
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
ACORD CORPORATION. All rights reserved.
1001488 1328494 C2 11-2010
LOCAT-1 OP ID: LC
ACC7RI:3
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
04/01/2015
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 poticy(ies) must 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
Benchmark Commercial Ins Srvc
Rob Cohen
2530 Gateway Road
Carlsbad, CA 92009
Robert A. Cohen
INSURED
Locator Services, Inc
4616 Mission Gorge Place
San Diego, CA 92120-4133
NAME: Robert A. Cohen
PHONE 760-632-4840
(A/C, No, EztJ;
EMAIL
ADDRESS:
(AFC, No); 760-632-4841
INSURER(S) AFFORDING COVERAGE
INSURER A:Lexinton Insurance Company
INSURER a :Hartford Casualty Insurance Co
INSURER c Zurich American Insurance Comp
NAIC p
29424
INSURER D :
INSURER E :
INSURER F :
REVISION NUMBER:
vTHIS 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
LTRINSD
TYPE OF INSURANCE
AbbL
tamPOLICY
WVD
POLICY NUMBER
EFF
(MMIDDIYYYY)JMMIDDIYYYY)
POLICY EXP
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
33053686-06
04/01/2015
04/01/2016
EACH OCCURRENCE
$ 1,000,000
PREMISES Ea occ a encai
$ 100,000
CLAIMS MADE
X
OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
5 1,000,000
GENERAL AGGREGATE
5 5,000,000
GEN'L
X
AGGREGATE
LIMIT APPLIES
PRO-
JECT
PER:
LOC
PRODUCTS - COMP/OP AGG
$ Included
Emp Ben.
s 1,000,000
AUTOMOBILE
LIABILITY
—
SCHEDULED
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
S
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
5
AGGREGATE
$
5
DEO
RETENTIONS
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNERIEXECUTIVE YIN
OFFICERIMEMBER EXCLUDEb7
(Mandatory In NH)
If yes, describe under
D
Crime
MPL5816937-00
04/01/2015
04/01/2016
Crime Lmt 100,000
Ded. 10,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
'30 days notice of cancellation will be given, except in the event of non-
payment of premium, 10 days DNOC will be sent.
SAMPLE CERTIFICATE FOR PROOF OF COVERAGE.
CERTIFICATE HOLDER
CANOE
Locator Services, Inc.
DBA Able Patrol & Guard
4616 Mission Gorge Place
San Diego, CA 92120
ACORD 25 (2014/01)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
at.604. ItA. C�
O 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD:
HOLDER CODE
INSURED'S NAME Locator Services, Inc
LOCAT-1 PAGE 2
OP ID: LC Date 04/01/2015
It is agreed that both The National City Public Library and The City of
14.
ational City, its elected officials, officers, agents and employees are
included as Additional Insureds as respects to General Liability and Auto
Liability where required by written contract or agreement.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 16 WE 0Y1090 Endorsement Number:
Effective Date: 04/01/15 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: LOCATOR SERVICES, INC
4616 MISSION GORGE PL
SAN DIEGO, CA 92120
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.
Countersigned by
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 04/07/15
BLANKET
Authorized Representative
Policy Expiration Date: 04 / 01 / 16
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
LOCATOR SERVICES, INC. dba ABLE PATROL AND GUARD
Security Guard Services — Library
Minh Duong (Library) Forwarded Copy of
Amendment to Able Patrol and Guard