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HomeMy WebLinkAbout2016 CON Locator Services DBA Able Patrol and Guard - Security Guard Service for Library - Amendment #2SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this first day of July, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR (collectively referred to as the "Parties") entered into an Agreement on March 17, 2015, ("the Agreement") wherein the CONTRACTOR agreed to provide security guard service for the National City Public Library. WHEREAS, the original term of the Agreement was for a period of 15 weeks through June 30, 2015. WHEREAS, the amount paid for work performed during the original term of the Agreement was $6,188.90. WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, and such renewal is contingent upon mutual agreement between the CITY and the CONTRACTOR. WHEREAS, on July 1, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016 for a total not to exceed amount of $46,188.90. WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 WHEREAS, on June 21, 2016 the CITY authorized the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Agreement entered into on March 17, 2015, shall be amended to extend the term of the Agreement for one year, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not to exceed amount of $86,188.90. 2. The City Manager is authorized to exercise and execute the remaining one-year renewals under the Agreement. 3. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 17, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY on Morrison, Mayor PROVED AS TO FORM: 1, 1.0 wo aaudia G. Si a City Attorn LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Corporation — signatures of two corporate officers) By: rge Graue President George Grauer, Jr. Vice President Second Amendment 2 City of National City and July 1, 2016 Locator Services, Inc., dba Able Patrol and Guard RESOLUTION NO. 2016 — 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH LOCATOR SERVICES, INC., DBA ABLE PATROL AND GUARD TO EXTEND THE TERM FOR ONE YEAR, EXPIRING ON JUNE 30, 2017, FOR THE NOT TO EXCEED AMOUNT OF $40,000 TO PROVIDE SECURITY GUARD SERVICES FOR THE NATIONAL CITY PUBLIC LIBRARY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWO (2) REMAINING ONE-YEAR TERM AMENDMENTS WHEREAS, on March 17, 2015, the City entered into an Agreement with Locator Services, Inc., dba Able Patrol and Guard to provide security guard services for the National City Public Library for a period of 15 weeks through June 30, 2015 for the not to exceed amount of $6,188.90; and WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, which is contingent upon mutual agreement between the parties; and WHEREAS, on June 21, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016, for a total not to exceed amount of $46,188.90; and WHEREAS, the Parties desire to enter into a Second Amendment to the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90; and WHEREAS, staff requests that the City Manager be authorized to exercise and execute the two (2) remaining one-year renewals under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Locator Services, Inc., dba Able Patrol and Guard to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017, for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 to provide security guard services for the National City Public Library. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to exercise and execute the two (2) remaining one-year term amendments under the Agreement. PASSED and ADOPTED this 21s1 day of June, 201 ATTEST: ,./.A.tiad // ha I R. Dalla C aX- Mic i y Clerk Ron Morrison, f tayor ROVEDTO FM: dia aci a Sil City Attorn Passed and adopted by the Council of the City of National City, California, on June 21, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California National City, California CI rk of the City of By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-94 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2016 AGENDA ITEM NO.17 ITEM TITLE: Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard for the provision of security guard service to the Library, extending the term of the Agreement for one year, expiring June 30, 2017, for the not -to -exceed amount of $40,000; and 2. authorizing the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. PREPARED BY: G. Olivares PHONE: 5883 EXPLANATION: DEPARTMENT: Librarry APPROVED BY: On March 17, 2015, the City entered into an agreement with Able Patrol and Guard to provide secarity guard service at the National City Library as a pilot project until June 30, 2015. A first amendment to the Agreement was entered on July 1, 2015 to extend the term of the Agreement for one year, expiring June 30, 2016. This second amendment to the Agreement is for FY2016-17 in the not -to -exceed amount of $40,000, expiring June 30, 2017. See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. 104-418-056-299-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adoption of resolution BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on June 13, 2016. ATTACHMENTS: 1. Staff Report 2. Second Amendment to the Agreement 3. First Amendment 4. 2015 Agreement with Able Patrol and Guard 5. Resolution \ Y\ OVN No. a0‘ -y CALIFORNIA <,K} NATIONAL Ctrp ''sari INCORPORATED June 21, 2016 STAFF REPORT ITEM: Resolution of the City Council of the City of National City: 1. authorizing the Mayor to execute a second amendment to the Agreement with Able Patrol and Guard (for the provision of security guard service to the Library) to extend the term of the Agreement for one year, expiring June 30, 2017, for the not -to -exceed amount of $40,000; 2. authorizing the City Manager to have authority to sign any future renewals beyond the period ending June 30, 2017 for amounts not to exceed $50,000 for each one-year term. BACKGROUND Locator Services, Inc. dba Able Patrol and Guard (APG) has provided security guard services for San Diego's commercial and industrial facilities, hospitals, shopping centers, financial institutions, educational facilities, governments, businesses and organizations since 1964. In 2014, APG was awarded a security service contract through a competitive bid process with the City of San Diego for security guard services at various city sites. The contract was for a period of one (1) year with options to renew for four (4) additional one-year periods, for a total duration not exceeding five (5) years. In March 2015, pursuant to Cooperative Purchasing Section 2.60.260 of the National City Municipal Code, the City has entered into a 15-week agreement with APG to provide unarmed, uniformed security guard service for the Library for an amount not -to -exceed $15,000 and ending June 30, 2015. The Agreement for the pilot project includes a clause giving the City the option to renew the service for up to four (4) additional one-year terms corresponding with the City's fiscal year contingent on a mutual agreement between the City and the Contractor. With this item, staff seeks Council's approval to amend the Agreement with APG to extend the security service procurement for one year, expiring June 30, 2017 for an amount not to exceed $40,000.; and to grant the City Manager the authority to sign any future renewals beyond June 30, 2017 for amounts not to exceed $50,000 for each one-year term. SCHEDULE OF PERFORMANCE APG provides thirty-seven (37) hours of service weekly to the Library with security guard shifts as follows: Monday through Thursday: Saturday and Sunday: 1:15 — 8:15 pm 12:45-5:15pm Compensation to be paid to Contractor is $19.90 an hour with total annual amount not to exceed $40,000. Any additional shifts required will be billed at the same hourly rate. FISCAL IMPACT The total cost of the Agreement is estimated not to exceed $166,118.90 for the maximum duration of the Agreement. Pilot period ending June 30, 2015 FY2015-2016 FY2016-2017 FY2017-2018 FY2018-2019 $6,188.90 Not to exceed $40,000 Not to exceed $40,000 Not to exceed $40,000 Not to exceed $40,000 STAFF RECOMMENDATION The pilot period that ended June 30, 2015 had been a very successful experiment. It allowed the Library to test drive the effectiveness of having a uniformed presence on premises to maintain order, protect property, assets and people, and deter illegal and inappropriate actions. The presence of a guard at the Library since May has brought on peace of mind and a sense of overall security to the staff and patrons. While the service does come at a cost to the City, it is hard to overlook the "quality of life" benefits it brings. We recommend the City to continue with the security guard service and approve a second amendment to extend the Service Agreement with Able Patrol and Guard for another period ending on June 30, 2017. SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this first day of July, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR (collectively referred to as the "Partis") entered into an Agreement on March 17, 2015, ("the Agreement") wherein the CONTRACTOR agreed to provide security guard service for the National City Public Library. WHEREAS, the original term of the Agreement was for a period of 15 weeks through June 30, 2015. WHEREAS, the amount paid for work performed during the original term of the Agreement was $6,188.90. WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, and such renewal is contingent upon mutual agreement between the CITY and the CONTRACTOR. WHEREAS, on July 1, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016 for a total not to exceed amount of $46,188.90. WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 WHEREAS, on June 21, 2016 the CITY authorized the City Manager to execute the two additional one-year term amendments as allowed by the Agreement, for amounts not to exceed $50,000 for each one-year term. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Agreement entered into on March 17, 2015, shall be amended to extend the term of the Agreement for one year, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not to exceed amount of $86,188.90. 2. The City Manager is authorized to exercise and execute the remaining one-year renewals under the Agreement. 3. The Parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 17, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayo APPROVED AS TO FORM: Claudia G. Silva City Attorney Second Amendment LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Corporation — signatures of two corporate officers) By: George Grauer President By: George Grauer, Jr. Vice President 2 City of National City and July 1, 2016 Locator Services, Inc., dba Able Patrol and Guard AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL LI 'Y AND LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD THIS AGREEMENT is entered into this 17t 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 I 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 ortlectronic, 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 C1TY' 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 C1TY 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 iby 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 attomeys' 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 attomey'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. ►'1 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. ►4 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. ►I4 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. / 1' 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. 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 attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey'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, telecopy, 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 shill 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: Leslie Deese, City Manager LOCATOR SERVICES, INC. DBA ABLE PATROL AND GUARD (Corporation — signatures of two corporate officers required) B By: George Grauer President (Title) (Name) George Grauer, Jr. (Print) Vice President (Title) 10 City's Standard Agreement —2014 revision LOCAT-1 OP ID: DB 4,4 CERTIFICATE OF LIABILITY INSU ANC !HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS iv) F:IGH"S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CC , BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT I3ET/l/I:EV '' Cl=PR ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyies) must be endorse d, the terms and conditions of the policy, certain policies may require an endorsement. A statement oil ti• rerIiticate holder in lieu of such endorsement(s). 'OOUCER .mark Commercial Ins Srvc PHONE i:• Cohen C No Ext3:760-632-4040 Gateway Road EMAIL had, CA 92:109 ADDRESS: ,hart A. Cohen NAMPA.CT Robert A. C1011e11 .'.URED Locator Services, Inc dba: Able Patrol & Guard 4616 Mission Gorge Place Sian Diego, CA 92120-4133 INSURER(S) Al FOI INsuREFA:Crum & Foret,ttlr: INSURER E : Hartford Casija y INSURER c: Berkle +�$egii:final INSU'nER D : tNSU Er, E: INSURER F: V RAGES On DATE IMMIDD/YYYY) 04/06/2016 F'ONI rHE CERTIFICATE HOLDER, THIS E:RACSE AFFORDED BY THE POLICIES II? IS';UING INSURER(S), AUTHORIZED f SL BROGATION IS WAIVED, subject to i certificate does not confer rights to the FAX Noy: 760-632-4841 ink* CCIVERAGE NAIC # i3=cialty Ins is.u,`ance Co 29424 t.urance Co. CERTIFICATE NUIVIBER: EVISION NUMBER: •IhS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS JRI ! iolcATED, ;10TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHIIR t; l''RTIFICATE MAY BE ISSUED OR MAY PERTAIN, 'THE INSURANCE AFFORDED BY THE POLICIES DFS{,R BE _•I'ICLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM 'iVPEOPINSURANCE - ,r Sll : - WVD, - ;;POLICY NUMBER POLICY EFT IMMIODNYYY) POLI ' E CP :SIMIDOPP?l'Y; X COMMERCIAL GENERAL LIABILITY l I CLAIMS -MADE I1 OCCUR GLa-241098 04/01/2016 34/V/2017 I GENT AGGREGATE LIMIT APPLIES PER: -' POLICY L ..) JE T L...i LOC '. i OTHER: i,,U1OMO31LELIABILITY • � ANY AUTO 1AL3.OWN::D __Ii AUTOS t HIRF.DAUTOS f _ _ _ SCHEDULED X I UMDRELLA LIA❑ 1 EXCESS LIAB X OCCUR CLAIMS -MADE SEO-100042 04/01/2016 04/01/2C 17 Dr_D1 X RETENTIONS 10000 .__� :'WORKERS COMPENSATION ^.:70 EMPLOYERS' LIABILITY Y/ :1Y PHUt•RIETORIPAR1NER/EXECUTIVE (.,rFICER/MEMtDER EXCLUDED? ;. 'andatory in NFU ii yea, describe under 3l f,CRIPTON OF OPERATIONS below N I N / A 16WEOY1090 04/01/2016 -)4101/2C-17 . .- .._ !Crime i I BCCR-4 002275-20 04/01/2016 3410112E 17 • -;L:RIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Aiidlfihnal Remarks Schedule, may be attached if morn space Is r, qui,• 0 days notice of cancellation will be given, except in the event of non- •yrnent of premium, 10 days DNOC will be sent. 1MPLE CERTIFICATE FOR PROOF OF COVERAGE. '!:RTIFICATE HOLDER LOCATOR Locator Services, Inc. DBA Able Patrol & Guar3 4616 Mission Gorge Place San Diego, CA 92120 CANCELLATION I NAMED ABOVE FOR THE POLICY PERIOD DCUM ENT WITH RESPECT TO WHICH THIS HEf1E1N IS SUBJECT TO ALL THE TERMS, LIMITS CH OCCURRENCE $ 1,000,000 J5'.tAFf�•,[ TO RENTED ,I,EN ISES (Ea occurrence) $ 100,000 VIED IEXP (Any one person) $ 5,003 'CRSJNAL & ADV INJURY $ 1,000,000 3ENER1L AGGREGATE $ 5,000,000 �R0CUrTS-COM?!OPAGG $ Included kqp Ben. $ 1,000,000 :1MIIINED SIN2,-LE LIMIT Ea accident) $ 3l)011.YINJUR` ;Perperscn) $ lt:3DII.Y INJUR ,Per accident) $ ii`0FE tTY D:.,iAGE Ear acc,denO- $ -.Gh GCCURC, -NEE $ 1,000,000 r-GF:E'3ATE $ 1,000,000 $ +JTATUTE j I GR - ,:. EACH ACC 'ENT $ 1,000,000 i,l.,. CISEASE • .A EMPLOYEE $ 1,O00,OCO '_i-- CISEASE • OLiZY LIMIT $_. - .._ 1,000,000. rime Lint 100,000 '�tl 5,000 SHOULD ANY OF THE AB01, E S RIBED Pf .:_lC)ES BE CANCELLED BEFORE THE EXPIRATION DATE -TH `2 lJi=, NO'. •• (1JILL BE DELIVERED IN ACCORDANCE WITH THE P4 iLli, ,,R4)VIS101 AUTHORIZED REPRESS? - TAT VE gi O 1988-2014 AC Oi•; ) CORPOF'.T ON. AI" rights reserved. -non 9G f9tl-1Aln11 The ACORD name and toao are reaistered marks of ACC RE 1 CERTIFICATE OF LIA kg.a ILIT INSURANCE DATE (MM/DD/YYYY) 08/17/2015 THIS ; ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE�- ; DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL•'%". IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 INSURED BOB SEELOS, AGENT STATE FARM INSURANCE 5034 BONITA ROAD, SUITE D BONITA, CA 91902 ABLE PATROL AND GUARD SERVICES, INC 4616 MISSION GORGE PLACE SAN DIEGO, CA 92120-4133 COVERAGES CERTIFICATE NUMBER: TH➢S )S T NAMEACT BOB SEELOS PHONE 619 475-5300 (A/C, No. Earl: E-MAILbo_b.seelos.c4by@statefarm.com y@statefarm.com PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE FAX No): 619 475-5483 INsuRER A : State Farm Mutual Automobile Insurance Company INSURER B : NAIC # 25978 INSURER C: INSURER D : INSURER E : INSURER F : REVISION NUMBER: INDICATED. CERTIFICATE EXCLUSIONS INSR - -- -•-- „naC DCCIV IJOUtU 10 trrt INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER JMM/p YY EFF D/YYY)�M JDDY/WYY)_ LIMITS GENERAL LIABILITY NOT COVERED BY STATE EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FARM INSURANCE DAMAGE TO D Eoccurrence) PREMISES (a $ CLAIMS -MADE OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PRO- PER: PRODUCTS - COMP/OP AGG $ POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO Y Y 220 0346-A14-55A (Ea accident) 1,000,000 X 07/14/2015 07/14/2016 BODILY INJURY ALL OWNED AUTOS person) ( p ) $ X SCHEDULED AUTOS BODILY INJURY (Per accident) $ XPROPERTY HIRED AUTOS DAMAGE (Per accident) $ X NON -OWNED AUTOS R17-2599-F11-55D $ $ UMBRELLA LIAB EXCESS O OCCUR EACH OCCURRENCE $ LIAR CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N NOT COVERED BY STATE WC STATU- 1OTH- (TORY LIMITS 1 E3 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A FARM INSURANCE EL EACH ACCIDENT $ (Mandatory in NH) If yes, describe under EL DISEASE - EA EMPLOYEE $ SPFCIAI PROVISIONS Aalnm E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) IT IS AGREED THAT THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFF CERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. r CDTICIr`ATC LIAR I1CO TION CITY OF NATIONAL CITY NATIONAL CITY PUBLIC LIBRARY 1401 NATIONAL CITY BLVD 4TIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE EXPIRATION DATE THEREOF, POLICY PROVISIONS. AUTHORIZED REPRESENTATIV BOB SEELOS, AGENT ACORD 25 (2009/091 The ACORD name and logo are registered marks of ACORD MBE WI LICIES BE CANCELLED BEFORE THE DELIVERED IN ACCORDANCE WITH THE © 1988- 201 ^ • RD CORPORATION. All rights reserved. 1001486 132849.4 02-11-2010 CERTIFICATE OF LIABILITY INSURANCE INSR LTR THIS ' ..!I ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEu ` DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL a I§ CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. DATE (MM/DD/YYYY) 08/17/2015 MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 I ad INSURED BOB SEELOS, AGENT STATE FARM INSURANCE 5034 BONITA ROAD, SUITE D BONITA, CA 91902 ABLE PATROL AND GUARD SERVICES, INC 4616 MISSION GORGE PLACE SAN DIEGO, CA 92120-4133 COVERAGES CERTIFICATE NUMBER: CONTACT BOB SEELOS NAME: PHONE _(A/C. No. Ext): 619 475-5300 FAX No): 619 475-5483 bob.seelos.o4b ADDRDREss: y@statefarm.com PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE INSURER A : State Farm Mutual Automobile Insurance Company INSURER B : NAIC ft 25178 INSURER C : INSURER D : INSURER E : INSURER F : REVISION NUMBER: 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. ADDL SUBR POLICY EFF POLICY EXP INSR WD JMMWDD/YYYY)_(MWDD/YYYYJ TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY X X X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS R17-2599-F11-55D UMBRELLA LIAR EXCESS LIAR POLICY NUMBER NOT COVERED BY STATE FARM INSURANCE LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG I Y I 220 0346-A14-55A 07/14/2015 07/14/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ OCCUR CLAIMS -MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPF(`,IAI PROVISIONS below EACH OCCURRENCE AGGREGATE $ NIA NOT COVERED BY STATE FARM INSURANCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) IT IS AGREED THAT THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFF CERS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. VVC TH- TORY LIMITS U- I I OER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY NATIONAL CITY PUBLIC LIBRARY 1401 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE EXPIRATION DATE THEREOF, POLICY PROVISIONS. AUTHORIZED REPRESENTATIV BOB SEELOS, AGENT RIBE 11c:w LICIES BE CANCELLED BEFORE THE DELIVERED IN ACCORDANCE WITH THE © 1988- 201'' ' RD CORPORATION. All rights reserved. 1001486 132849.4 02-11-2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 16 WE OY1090 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 wM 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 premium otherwise due on such remuneration. SCHEDULE Person or Organization 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 08 (1) Printed In U.S.A. Process Date: 04/07/15 2 % of the California workers' compensation Job Description BLANKET Authorized Representative Policy Expiration Date: 04/01/16 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH LOCATOR SERVICES, INC., DBA ABLE PATROL AND GUARD TO EXTEND THE TERM FOR ONE YEAR, EXPIRING ON JUNE 30, 2017, FOR THE NOT TO EXCEED AMOUNT OF $40,000 TO PROVIDE SECURITY GUARD SERVICES FOR THE NATIONAL CITY PUBLIC LIBRARY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWO (2) REMAINING ONE-YEAR TERM AMENDMENTS WHEREAS, on March 17, 2015, the City entered into an Agreement with Locator Services, Inc., dba Able Patrol and Guard to provide security guard services for the National City Public Library for a period of 15 weeks through June 30, 2015 for the not to exceed amount of $6,188.90; and WHEREAS, the Agreement allows for renewal of the Agreement for four (4) additional one-year terms, which is contingent upon mutual agreement between the parties; and WHEREAS, on June 21, 2015, the Parties entered into a First Amendment to the Agreement in the amount of $40,000 to extend the term of the Agreement for one year, expiring June 30, 2016, for a total not to exceed amount of $46,188.90; and WHEREAS, the Parties desire to enter into a Second Amendment to the Agreement to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017 for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90; and WHEREAS, staff requests that the City Manager be authorized to exercise and execute the two (2) remaining one-year renewals under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Locator Services, Inc., dba Able Patrol and Guard to extend the term of the Agreement for an additional one-year term, expiring June 30, 2017, for the not to exceed amount of $40,000, for a total not -to -exceed amount of $86,188.90 to provide security guard services for the National City Public Library. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to exercise and execute the two (2) remaining one-year term amendments under the Agreement. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk LOCATOR SERVICES dba ABLE PATROL AND GUARD Amendment #2 Security Guard Service for Library Gloria Olivares (Library) Forwarded Copy of Amendment to Locator Services dba Able Patrol and Guard