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HomeMy WebLinkAbout2015 CON California Commercial Security - Electronic Doors ServiceSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CALIFORNIA COMMERCIAL SECURITY, INC. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and California Commercial Security, INC. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site electronic door, lock installations, sales, service and repairs as -needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $10,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: 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"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. 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 endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. 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. H. Insurance shall be written with only California admitted companies which 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. I. 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. 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. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 11. Miscellaneous Provisions. A. 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. B. 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. C. 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. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. 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. F. 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. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. 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. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. 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) 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, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY By: Leslie Deese, City Manager PPROV . 1 AS TO FORM: audia Gaci City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov CALIFORNIA COMMERCIAL SECURITY, INC. (Corporation — signatures of iwo corporate officers required) (Partnership — one ignature) (Sole proprieto ip — one signature) By: Na SIPS 64Qr Tint) it e (7 ) By: /`i (Name) Ke h i (Print) (Title) CALIFORNIA COMMERCIAL SECURITY, INC. Complete Address: 4241 Ponderosa Ave. Suite "D" San Diego, CA. 92123 Phone: (800) 286-2555 Fax: (858) 503-7520 Contact: Charles R. Baker Title: Owner Email: pramos@calcomsec.com Taxpayer I.D. No.: 330691550 Revised August 2014 4 e- Cakfomia Commercial Security t 4241 Ponderosa Ave. Suite "D" San Diego, CA 92123 (800)286-2555 FAX (85)503-7520 Access Control, CCTV, tqre Systems, Alarms, Locksmith Services City of National City 1200 National City Blvd National City, CA 91950 (619)405-9789 Atm: Rick Hernandez March 11, 2015 CCS Service Department Labor Rates CCS is pleased to pro -vide the following service labor rate description; these rates are accurate as of March 2015 and will not be adjusted for the remainder of the calendar year. Minimum invoice (includes trip charge & first 30 minutes of labor: Locksmith: $125.00 Doors/Frarnes/Gatework: $125.00 Welding: $135.0) Hourly labor: Locksmith: $95.00 Doors/Frames/Gatcwork: $105.00 Welding: $115.00 Thank you for considering CCS for your door and hardware needs. If you have any questions, feel free to contact me. Sincerely, Mike Crouch, Senior Systems Consultant Office: (858)503-7500 xt123 Page 1 A C3PRQ" kaacamma CERTIFICATE OF LIABILITY INSURANCE CALIF-1 OP ID: LS ATE (MMRDIYYYY) 12f0812014 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), AUTFIORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is en ADDITIONAL INSURED, the policy(ies) must ba endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require art endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Springbrook Insurance Agency 10650 Treena Street Suite 106 San Diego CA B2191.2435 Russell Lail INSURED we: ;Y ewe: Russell Lail NAME; ua M,. cm. 858.391.3001 I Iwo, Hei: 858.391 3010 ADDRESS' russ(dlspringbrookins,com INSURER(s) AFFORDING COVERAGE INSURER A 1 California Automobile TNG Security Inc dba California Commercial Security 4241 Ponderosa Ave Ste D San Diego, CA 92123.6500 irlsunra B: Philadelphia Indemnity _NsuR,Rc:State Compensation Ins Fund IR9VRr}R INSURER SURER F : alc 11 38342 18068 5076 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FQFR 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, — IWSR LTR TYPE of NidURANOC ADDLSUoR ,NW MIT) POLICY NUMBER h6pLJOY EFF IMWD131YYYYI PDLJDYpj(I- I teuroalrIYI'I ' LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 PHPK1267246 01/01/2015 01/01/2016 prEM SES ( nrral_ S 1,000,000 CLAIMS-MADe X I OCCUR X • MEDEXP(Anyon. Ninon) $ 20,001b PERSONAL ADV INJURY S 1,000,000 0EN'LAGGREGATE LIMIT APPLIES prn: POLICY F JECT I LII LOC OTHER: GENERAL AGGREGATE S 2,000,000i PRODUCTS • COMPIOPAGO S 2,000,00d S A AInYlM00II.1F X ■ALL UAeILITY ANYAUTo OWNED AUTOS HIRED AUTOS — _� SCHEDULED AUTOS NON -OWNED AUTOS X I CEO41Bt o>v siNTIE LIMIT $ 1,00,00t1I eA040000011557 01/01/2015 01/01/2016 BODILY INJURY(Per person) 5 BODILY INJURY (Per a:vdant) S 1,000,000 PROPERTY DAMAGE• (Pnreeeoenll 1,000,000 S i T,000,0001 ( X UMBRELLA UA9 Iscs55UA0 X OCCUR CLAIMS•MADE X EACH OCCURRENCE PHUB482$84 01/01/2015 01/01/2010 AI36RECATE S 7,000,000 S DE D I X J RETENTIONS 10Q00 C WORKERS COMPENSATION AND OMPLOYfiRS'UABIUTY ANYPROPRtETCaramaseelexaCUrnm 1 OFFF(Man on, In ER FJOCLUDCD7 l (Mang Hon, In NM) I've, CiinCrIbiluNder DESCRIPTION OF OPERATIONS Delaa NIA X PER OrH• ?IUYE I ER 9052667 01/01/2015 01101/2016 ELEACHACCID£I;PT S 1,000,00t L. DISEASE, - Eq EMPLOYEES 1,000,0001 EL. DISUSE - POLICY LIMIT S 1,000,000 A A Professional Crime PHPK1267246 PHPK1267246 01/0i/2015 01/01/2015 01/01/2016 01/01/2016 E&O 1,000,000 Crime 100,000 OEOCRIPTION OF OPERATIONS r LOOATON$ r VeHIOLl9 (ACORD 1e1, AJdm.n.l Rom.,tt. OOM(iub, may Da ett.c1,ad V mom ■p.ae Is n,q,nma) City of Natioaa1 City, ita officers, agents and employees are named As additional insured per the attached CERTIFICATE HOLDER CANCELLATION NATION1 City of National City (fax: 419-336-4597) Attn: Finance Dept/Purchasing 1243 National City Boulevard iNatlonal city, CA 91950 SHOULD ANY OF THE ABOVE DE$CR{BED POLICIES DE CANCELLED eEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED !N ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE reel © 1988.2014 ACORD CORPORATION. All rights; rresont d, ACORD 25 (2014/01) The ACORD name and loge are registered marks of ACORD 1 r7nnnlal V W 4 wxfwQ clA7iln/Cn POLICY NUMBER: PHPK1267246 INSURED: California Commercial Security PI-GL-O05 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 01/O1/201s Name of Person or Organization (Additional Insured): Blanket where required by written contract SECTION II — Wi1O IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury." 'property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of your work" for such person(s) or organizations) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person er organization (Additional insured), except for loss resulting from the sole negligence of that person or organization. This Cbridition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a inn/rnnnl31 POLICY NUMBER: PHPK1267246 INSURED: California Commercial Security THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PI-GLD-SG (10/13) It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this poliey. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted an this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # QprAge?fif,Prernise§lgeTlafoWi (MOCK000) 2 Watercraft Used in Security Services only 2 AWRMFAtiki*) ($20 xn) 2 Medical Payments — Extended Reporting Period 3 years 2 Supplementary Payments — Bail Bonds ' • $2,500 3 Supplementary Payments — Loss of Earnings $500 per day 3 Employee indemnification Defense Coverage for Employees $15,000 Additional Insured — Broadened Named Insured Included Additional Insured — Managers and Supervisors Included 3 Fel itirmathrur6-&-grvtaiggel..7tritrialordonal,bstor,s,,o, Included ' 3 Prentii-al Additional Insured — Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You Included 4 Additional Insured — Grantors of Permits Included 4 XdditiongIFIRTITEM;131ankerAdaitibWaVinsurecIS'bWofitratt Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 lLrall---1WMR1411711i7e3fRec,overta.5./ilnstiOftieriira7Usi Clarification Duties in the Event of Occurrence, Offense, Claim or Suit Included Unintentional Failure to Disclose Hazards Included 6 ' LilPeralization Included . 6 Bodily Injury — Mental Anguish . Included 6 . ....— Assault and Battery Coverage with Extended Property Damage Included $ Errors and Omissions Coverage Included 7 Incidental Medical Malpractice included 9 Page 1 of 10 0 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. linnitnnnIn n1-1 viwnvg cin7/to/co PI-GLD-SG ('i0/13) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows: • 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee' who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers' of "employees,'.clalms or "suits" brought or persons or organizations making claims or bringing "suits." F. Who Is an Insured SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under This provision is afforded untll the end of the policy period; 2. Each of the following is also an insured a. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part, However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance, b. Managers and Supervisors — If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. - c. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant In that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Page 3of10 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. iinnicnnnfA VW-1 i i n: R cl n7/I n/Cn PI -OLD -SG (10/13) (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection:architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the saute project. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability. (3) Based an the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rents[ or lease of a premises on behalf of their client, up to $50,000_ This coverage extension only applies to rental lease agreements, This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV— COMMERCIAL GENERAL LIASLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. • I. Duties in the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided bylhis policy) to your compensation insurance carrier, and this "occurrence" later develops into a liabilityctaim, failure to report such 'occurrence" to us at the time of such "occurrence" shall not he deemed ;n violation of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. • This is upon the distinct understanding and agreement however; that you, the insured, as soon es made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. 2. The requirement in Condition 2.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense. applies only when the "occurrence" or offense is known to: Page 5of10 2013 Philadelphia indemnity Insurance Company Includes copyrighted material of Insurance Services Office, inc., with its permission: PI-GLD-SG (10/13) (1) "bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising.solely from the acts of your "employees.' However, acts of your "employees" shall not include theft, N. Errors and Omissions Coverage 1. SECTION — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negItgent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following; ERRORS AND OMISSIONS The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I — COVERAGES is amended by adding the following: COVERAGE D — ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However, we wilt have no duty to defend the insured against any "suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D. (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions This insurance does not apply to: Page 7 of 10 0 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance SerViCeS Office; Inc., with its permission. 1 1 AA Jinni% 171 VWJ WWI n• rs n7/1 n/r.n PI-GLD-SG (10/13) d. SECTION-lii — LIMITS OF.INSURANCE is amended as follows: (1) Item 2. is replaced by the following; 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C: b. Damages under Coverage A, except damages because of "bodily injury" or 'property damage" included in the "products -completed operations hazard": c. Damages under Coverage B; and d. Damages under Coverage D. (2) /tem 5. is replaced by the following: 5. Subject to 2. or 3•. above, whichever applies, the Each Occurrence Lirnit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage" arising out of any one "occurrence"; and c. Damages under Coverage D. e. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Pad, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit.- If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers, O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and Page 9 of 10 0 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of insurance Services Office, Inc., with its permission. LOO/8oOOl awi n'n ni n irtn iS11,111`1 do7:ihoVr'JtSt N c. FU ND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES .ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY REP 04 9082657 RENEW Sc 2-65-62-82 PAGE 1 or 1 EFFECTIVE JANUARY 1, 2015 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2016 AT 12.01 A.M. CALIFORNIA COMMERCIAL SECURITY 4241 PONDEROSA AVE STE D SAN DIEGO, CA 92123 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 ()ROAN T ZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PF,RFORM WORN UNDER P, WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN ThxS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSYMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL DE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELP TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT_ COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: GI' portly' ON, (ncu.4.aoi.1) JANUARY 1, 2015 2572 PRESIDENT AND GEO OLO OP 217 POLICY NUMBER: PRPK1267246 COMMERCIAL GENERAL LIABILITY INSURED: California Commercial Security CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES O.R CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location And Description Of Completed Operations Blanket Additional Insured As Required by Contract Various Locations roquired by Contra Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your wore" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 4. The insurance afforded ,to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured tivill not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG20370413 B. With respect to the insurance afforded to these additional Insureds, the following is added to Section III — Limits Of Insurance; If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 Insurance Services Office, Inc.. 2012 Page a of 1 • w 17. POLICY NUMBER; PHPK1267246 NAMED INSURED: California Commercial Security COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persort(s) or Organization(s): Location(s) Of Covered Operations Blanket wording as required by virtue of written contract Various Information required to complete this Schedule, If not shown above, Will be shown in the Declarations A. Section II- Who is An Insured IS amended to include as an insured the person(s) or organization(s) shown in the Schedule, but 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 performed for the additional insured(s) at the location(s) designated above B. With respect to the insurance afforded to these additional insureds, the following exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0704 0 ISO Properties, Inc. 2004 Page 1 of 1 L100/L LOOP XVA NVZ0:8 clOVLO/g0 Policy Number: BA040000011557 TNG Security Inc, dba California Commercial Security THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII, TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO XVI. HIRED AUTO — COVERAGE TERRITORY XVIII. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2011 Mercury Insurance Services, LLC. All rights resented. MC485100711 Includes copyrighted material Of Insurance Services Offico, Inc., with its Permission Pagel of 6 BUSINESS AUTO COVERAGE FORM NEWLY ACQUIRED OR KORMED ENTITY (Broad Form Named insured} SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period.' Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. 11. EMPLOYEES AS INSUREDS SECTION it - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any' employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added; f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,O0O for cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual Toss of earnings up to $500 a day because of time off from work. VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee Thls exclusion does not apply. MCA8S100711 Copyright 2011 Mercury Insurance Services, LEE. All rights reserved. includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of ¢ I inn le o nirm Vii. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown In the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs Incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" Is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any Toss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a„ is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2011 Mercury Insurance Services, LLC. All rights reserved. MCA85100711 includes copyrighted material of Insurance Services Office, inc., with its Permission Page 2 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," fess: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any; (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (S) Carry-over balances from previous loans or leases. XI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced, XII. TWO OR MORE DEDUCTIBLES SECTION ilf -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or Z. If the applicable Business Auto deductible is not the smallest, it will be reduced #ty the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR 1055 The requirement In SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a,, In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, If you area limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2011 Mercury Insurance Services, LLC. All rights reserved. MCA8510o711 Includes copyrighted material of Insurance services Office, Inc., With its sion Page 4 of 6 LLOO/SLOOIJ XiV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error In information given by you, or unintentional failure to disclose ail exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. XVI. EMPLOYEE HIRED AUTO SECTION IV— BUSINESS AUTO CONDITIONS, B, General Conditions, 5, Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. HIRED AUTO - COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. Generai Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world If: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. MGA851QQ711 Copyright 2011 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, inc., with its Permission Page 5 of E, XVIII. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V— DEFINITIONS, C. "Bodily Injury" is amended by adding the following: "Bodily injury" also Includes mental anguish but only when the mental anguish arises from other bodily Injury, sickness, or disease. MCA851o0711 Copyright 2011 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., With Its permission Page G of 6 Inn/,Inns Yk4 W4106'o CIn3JinJrrn lit ow — July 21, 2015 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 Mr. Charles Baker California Commercial Security, Inc. 4241 Ponderosa Avenue, Suite D San Diego, CA 92123 Dear Mr. Baker, On July 1st, 2015, an Agreement was entered between the City of National City and California Commercial Security, Inc. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure