HomeMy WebLinkAboutC-6026 - M/RSA for Security Camera Maintenance0
AMENDMENT NO. ONE TO
v MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH AM -TEC TOTAL SECURITY, INC. FOR
SECURITY CAMERA MAINTENANCE
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 16th day of
October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and AM -TEC TOTAL
SECURITY, INC., a California corporation ("Contractor"), whose address is 4075
Schaefer Avenue, Chino, California 91710, and is made with reference to the following:
RECITALS
A. On January 27, 2015, City and Contractor entered into a Maintenance/Repair
Services Agreement ("Agreement') for Contractor to perform maintenance and/or
repair services for City ('Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to increase the total compensation,
update Contractor's Project Manager information, update the contact information
under the Notices section, and add prevailing wage language.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement without
the prior written approval of City. Contractor's compensation for all Services performed
in accordance with this Agreement, including all reimbursable items, shall not exceed
Thirty Two Thousand Dollars and 00/100 ($32,000.00), without prior written
amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items, in an amount not to exceed Two Thousand Dollars and
00/100 ($2,000.00).
3. PROJECT MANAGER
Section 5.1 of the Agreement shall be amended in its entirety and replaced with:
"Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
Agreement term. Contractor has designated Ruth Torok to be its Project Manager.
Contractor shall not remove or reassign the Project Manager or any personnel listed in
Exhibit A or assign any new or replacement personnel to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel."
4. NOTICES
Section 23.3 of the Agreement shall be amended in its entirety and replaced with:
"All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Ruth Torok
Am -Tec Total Security, Inc.
4075 Schaefer Avenue
Chino, CA 91710"
5. PREVAILING WAGES
Section 28 shall be added to the Agreement:
"If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof."
AM -TEC TOTAL SECURITY, INC. Page 2
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
AM -TEC TOTAL SECURITY, INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: It /W17
By:
:�4 4r -
Aaron C. Harp icloqM
�AMCity Attorney
ATTEST:
Date: Il,
By: J"
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /t-G-zo,-7
By: z�' 4z/
George Murdoch
Co -Director
CONTRACTOR: Am -Tec Total Security,
Inc., a _C/alOifor is cor �o�ration
Date:
By:
Ruth Torok
D�
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
AM -TEC TOTAL SECURITY, INC. Page 4
EXHIBIT A
SCOPE OF SERVICES
AM -TEC TOTAL SECURITY, INC. Page A-1
OVERVIEW
This supplement shall apply to the additional and new cameras contemplated by Amendment No. One and shall be
charged according to the billing rates listed under "As Needed Extraneous Service" in Exhibit B to the Agreement.
1. Background and Description
Upgrade existing, outdated camera system with a more modernized high-resolution camera system.
2. Scope
Camera Installation includes:
* the pulling of new CAT6E wire back to a POE Gigabit Switch and CAT6E keystones at cameras
* installation/mounting of new cameras as laid -out by Newport Beach
* positioning/addressing of each new camera
* removal and disposal of any existing cameras replaced by new cameras
* testing of all network cables and connections
Network Installation includes:
* Contractor to provide POE switches, porting of switches, patch panels and IP scheme. Terminating,
labeling, and programing of IP address into camera. Installation of point to point wireless. Solely intended for
the viewing and recording of the camera system
Hi Res Camera Installation includes:
* pulling of wire and cable
* mounting of cameras
mounting of radios
* Installation of server
video integration with ONSSI for the sole purpose of viewing and recording cameras
Command Center Installation includes:
* Installation of software on computers at the facility for viewing cameras
Exterior and Interior Conduit Installation includes:
* cutting, removing, replacing and installing new conduit painting not included
* installation of all necessary underground and above ground conduit
* installation of power taps and conduit for pulls to be provided by City of Newport Beach
3. High -Level Requirements
The new camera system will include the ability to view all cameras and recordings from anywhere in the network
when on-site or from any off-site location with the use of a computer, smart phone, or tablet while still maintaining a
high-level of security through the use of passwords, user codes, and firewalls. The system will allow for the
downloading of recorded video for the use of evidence collection with the intent of prosecution by law enforcement.
4. Deliverables
When written approval of the Work contemplated by Amendment No. One is given, Contractor will place an order with
its suppliers and all equipment will be ordered. When equipment is received, Contractor's staff will meet with City to
establish a staging area at City Yard where Contractor's staff members can store parts, tools, etc.
5. Affected Parties
Work on camera system will take place Tuesday through Friday between the hours of 7:00 AM and 4:00 PM keeping
the impacted parties to a minimum.
6. Affected Business Processes or Systems
Existing raceways ceilings and conduit pathways at Newport Beach Yard will be used by Contractor for the
installation of the camera system.
7. Implementation Plan
The wiring of the cameras as well as the establishment of the network will be installed first and followed by the
installation of the hardware and then programming and final testing of the system. Training will be provided once all
hardware is installed and working.
8. High -Level Timeline/Schedule
The wiring of the cameras and establishment of the network will take approximately 1 week. The installation of all the
hardware will take approximately 3 days. Programming and final testing of the system will take approximately 1 days.
Training of City staff will take approximately 6 hours.
N
�J
IN
MAINTENANCE /REPAIR SERVICES AGREEMENT
WITH AM -TEC TOTAL SECURITY, INC. FOR
SECURITY CAMERA MAINTENANCE
THIS MAINTENANCE /REPAIR SERVICES AGREEMENT ( "Agreement ") is
made and entered into as of this 27th day of January, 2015 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and AM -TEC TOTAL SECURITY, INC., a California corporation
( "Contractor"), whose address is 3837 Harvest Court, Chino, California 91710, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and /or repair services
for City ( "Project ").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and /or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services' or "Work "). As a material inducement to City entering into this Agreement,
Contractor represents and warrants that Contractor is a provider of first class work and
Contractor is experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
standards" shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Thirty Thousand Dollars and 001100 ($30,000.00), without
prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
( "Billing Rates ") shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982 -84 =100 for All Urban
Am -Tec Total Security, Inc. Page 2
Consumers (CPI -U) ", for the Los Angeles- Riverside - Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in
effect immediately preceding such adjustment, whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jeff Torok to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
Am -Tec Total Security, Inc. Page 3
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
Am -Tee Total Security, Inc. Page 4
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
Am -Tee Total Security, Inc. Page 5
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
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omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
Am -Tec Total Security, Inc. Page 7
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
22. CONFLICTS OF INTEREST
22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
23.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Jeff Torok
Am -Tec Total Security, Inc.
3837 Harvest Court
Chino, CA 91710
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
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compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( °FLSA ") (29 USCA § 201, et seq.).
26.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
26.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
26.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
Am -Tec Total Security, Inc. Page 9
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
27.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and 611
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
Am -Tec Total Security, Inc. Page 10
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Am -Tec Total Security, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ) /v;1 ji�
Aareh C. Harp Um oij2-IJI
City Attorney
ATTEST:
Date: �•���
" '414
BrownLeilani 1.
L'!tji:oP-7: a
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /- zG- 1
B
C'e-o Murdoch
Co -Director
CONTRACTOR: Am -Tec Total Security,
Inc., a Calif9mika corporation
Date(,
a
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Am -Tec Total Security, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
• INTENT
o Provide specifications necessary to perform maintenance and repair
services for the Department's 15 security cameras and 2 video servers on
an annual basis for a four -year term.
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, and supervision to perform security camera
system maintenance and repair services as described herein including,
but not limited to, the following:
Scheduled inspection and preventive maintenance of cameras
including the lens, enclosure, software, area of coverage, and
communications functionality.
Scheduled inspection and preventive maintenance of video servers
including installation of software, storage capacity, status reports,
and system upgrade recommendations
As- needed services including extraneous repair or replacement of
malfunctioning hardware or software, installation or removal of
hardware or software, and other services beyond scheduled and
preventative maintenance.
• LEVEL OF MAINTENANCE
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the Scope of Services. Standards and
frequencies may be modified from time to time as deemed necessary by
the City for the proper maintenance of the sites.
o If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements have
been made between the Contractor and the City. Failure to notify of a
change and /or failure to perform an item or work on a scheduled day may,
at the City's sole discretion, result in deduction of payment for that date,
week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
Am -Tec Total Security, Inc. Page A -1
o The Contractor is required to correct deficiencies within the time specified
by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld for current billing period and shall
continue to be withheld until deficiency is corrected, without right to
retroactive payments.
• QUALITY OF WORK AND MATERIALS
o All material and equipment fumished by the Contractor shall be new, high -
grade, and free from defects and imperfections, unless otherwise
hereinafter specified. Workmanship shall be in accordance with the best
standard practices. Both materials and workmanship shall be subject to
the approval of the Project Administrator. All materials used shall be
approved in advance by the Project Administrator.
• The City will provide inspection record forms that will be completed by the
Contractor while servicing all locations. The Contractor shall conform to all
City practices and procedures. All City purchases will be for the sole
expressed use of and for the City. The Contractor shall secure, store,
inventory, distribute and control all materials entrusted to the Contractor's
representatives. All materials and inventories shall be made available to
the City upon request.
• Contractor shall provide all tools and additional materials to complete the
work.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 4:00
p.m. Normal working days are Monday through Friday.
• WORKMANSHIP AND SUPERVISION
• The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications. All supervisory personnel and on -site staff members must
be able to communicate effectively in English (both orally and in writing).
Any order given to supervisory personnel shall be deemed delivered to the
Contractor. The supervisor assigned must be identified by name to
ensure coordination and continuity.
• Work shall be performed by competent and experienced workers who
shall be courteous and professional when dealing with the public.
o All personnel working at the outlined areas shall be neat in appearance
and in uniforms as approved by the Project Administrator. All personnel
shall wear identification badges or patches, and employees working
adjacent to traffic lanes must wear safety vests.
Am -Tec Total Security, Inc. Page A -2
Persons employed by the Contractor who are found not to be satisfactory
by the City shall be discharged or reassigned by the Contractor on fifteen
(15) days notice from the City.
• SUPERVISION OF CONTRACT
Contractor shall designate a Project Manager to serve as the main contact
for the Contractor throughout the project. The Project Manager shall have
the authority to handle and resolve any contract disputes with the City and
be experienced in supervising the requested services.
o There shall be a minimum of a weekly meeting with the Contractor and the
Project Administrator to determine progress and to establish areas
needing attention. A monthly maintenance schedule will be submitted in
writing to the City by the first day of said month.
o The Project Manager of this contract shall be available to meet with the
Project Administrator daily during working hours, as necessary.
• CONTRACTOR'S OFFICE
o Contractor is required to maintain an office within a ninety (90) minute
response time of the job site and provide the office with phone service
during normal working hours. During all other times, a telephone
answering service shall be utilized and the answering service shall be
capable of contacting the Contractor by cell phone or pager. There will be
no on -site storage of equipment or materials. Contractor will have full
responsibility for maintaining an office and on -site storage of equipment or
materials.
• SPECIFICATIONS
These specifications are intended to cover all labor, material and
standards of installation to be employed in the work called for in these
specifications or reasonably implied by terms of same. Work or materials
of a minor nature which may not be specifically mentioned, but which may
be reasonably assumed as necessary for the completion of this work, shall
be performed by the Contractor as if described in the specifications.
o Any specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the
Contractor and if not corrected, payment to the Contractor will not be
made until condition is corrected in a satisfactory manner as set forth in
the specifications.
Am -Tec Total Security, Inc. Page A -3
• CORRESPONDENCE
o All correspondence shall be addressed to the Project Administrator,
Municipal Operations Department, City of Newport Beach, 100 Civic
Center Drive, Newport Beach, CA 92660.
• PROVISIONS FOR EXTRAS
o No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved in writing by
the City before the work is commenced. The Contractor will be required to
provide before and after photographs of safety items or emergency repairs
which were made without prior City approval. Documentation of contract
compliance may be required on some occasions.
o Should a change or extra work be found necessary by the City, all
changes and extra work shall be performed at the same unit price of any
proposal item listed. If the work is not listed as a proposal item, the
Contractor shall submit a fair cost for the work to be performed. A change
order authorization will be issued by the City.
o The City reserves the right to increase or decrease the quantity of any
item(s) or portion(s) of the work described in the specifications or the
proposal form or to omit portions of the work so described as may be
deemed necessary or expedient by the Project Administrator or
designated representative and the Contractor shall agree not to claim or
bring suit for damages, whether for loss of profits or otherwise, on account
of any decrease or omission of any kind of work to be done. The City shall
reduce the price accordingly. Alterations, modifications or deviations from
the work described in the scope of services by Contractor shall be subject
to the prior written approval of the City. Any price adjustments shall be
made by mutual consent of the parties in that case.
• RECORDS
o The Contractor shall keep accurate records concerning all of his /her
employees or agents. The Contractor shall provide this information in an
organizational chart as changes in staffing occur.
o The Contractor shall complete a maintenance report following each visit
indicating work performed and submit this completed report to the Project
Administrator. This report should also contain a description, including
staff - hours, equipment, and materials breakdowns and costs used to
accomplish any additional work which the Contractor deems to be beyond
the scope of the contract and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be
Am -Tec Total Security, Inc. Page A -4
authorized unless the additional work, and costs thereof are first approved
in writing by the City in accordance with the Agreement.
o The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual maintenance
calendar to the Project Administrator. This maintenance calendar shall
clearly indicate all of the maintenance tasks required by this agreement
and the months of the year they are scheduled to be performed. If it is
necessary to make periodic revisions to this maintenance schedule, a
modified calendar must be submitted to the Project Administrator for
approval prior to the date the changes are to take effect.
o The Contractor shall permit the City to inspect and audit its books and
records regarding City- provided services during regular business hours.
• RESPONSIBILITY FOR DAMAGES OR INJURY
o City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials
or other things used or employed in performing the Project or for injury to
or death of any person as a result of Contractor's performance of the
Services required hereunder; or for damage to property from any cause
arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
o Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from
defects, obstructions or from any cause arising from Contractor's Work on
the Project, or the Work of any subcontractor or supplier selected by
Contractor.
o To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers, and employees (collectively, the "Indemnified
Parties') from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which
may arise from or in any manner relate (directly or indirectly) to any
breach of the terms and conditions of this Agreement, Zany Work
performed or Services provided under this Agreement including, without
limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful
acts, errors and /or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, consultants, Contractors, anyone
Am -Tec Total Security, Inc. Page A -5
employed directly or indirectly by any of them or for whose acts they may
be liable or any or all of them).
• BONDING /GUARANTEES
o A Faithful Performance Warranty Bond shall not be required for the entire
length of the contract period.
• EMERGENCY SERVICES
o The Contractor will provide the City with names and telephone numbers of
at least two qualified persons who can be called by City representatives
when emergency maintenance conditions occur during hours when the
Contractor's normal work force is not present in the City of Newport
Beach. These Contractor representatives shall respond to said emergency
within ninety (90) minutes from receiving notification.
• SAFETY REQUIREMENTS
o All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City
reserves the right to issue restraint, or cease and desist orders to the
Contract when unsafe or harmful acts are observed or reported relative to
the performance under this contract. All contractor employees shall have
access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
o The Contractor shall maintain all work sites free of hazards to persons
and/or property resulting from his /her operations. Any hazardous condition
noted by the Contractor, which is not a result of his/her operations, shall
be immediately reported to the City.
o Warning signs, lights, and devices shall be installed and displayed in
conformity with "The California Manual on Uniform Traffic Devices" for use
in performance of work upon highways issued by the State of California,
Department of Transportation.
• SCHEDULES
o Contractor shall provide a schedule such that all camera hardware and
software and all server hardware is inspected once every two months, and
that all server and client software is inspected once every six months.
Am -Tee Total Security, Inc. Page A -6
o Performance on Schedule
The Contractor has been provided the maximum latitude in establishing
work schedules which correspond to its manpower and equipment
resources. The Contractor has also been provided the opportunity and
procedure for adjusting those schedules to meet special circumstances.
Therefore, all work shall be completed on the day scheduled.
• EQUIPMENT
o All vehicles and equipment used in conjunction with the work shall be
maintained in a neat, clean, and orderly manner and shall be in good
working order. The Project Administrator may reject any vehicle or piece
of equipment and order it removed from the service area(s). Vehicles and
equipment must meet all current federal, State, and AQMD regulations.
Contractor vehicles used within this contract shall, at all times, bear
identification signs that the contractor is performing services for the City.
The Project Administrator shall approve these signs prior to installation by
the contractor.
TECHNICAL SPECIFICATIONS
• INSPECTION AND MAINTENANCE
o Bi- Monthly Services (Hereby defined as once every two months):
• Inspect all fifteen (15) security cameras at designated sites to ensure
proper functionality.
• Clean camera enclosure and enclosure glass.
• Clean camera lens.
• Check camera tilt and aim and maintain as needed.
• Inspect security camera software functionality and maintain as needed.
• Inspect security camera communications functionality and maintain as
needed.
o Semi - Annual Services (Hereby defined as once every six months):
• Check server capacity and advise Project Manager of any pending
capacity issues.
• Install upgrades to server and client software
• Prepare security system status report. This report should, at minimum,
contain the overall condition of the security system, problems,
recommended upgrades, etc.
o As- Needed Services:
• Repair broken or malfunctioning cameras requiring service extraneous
to those provided as part of routine inspection and maintenance.
• Installation services for new or replacement cameras.
Am -Tec Total Security, Inc. Page A -7
• HARDWARE AND SOFTWARE
o Cameras
• Enclosure: Pelco EH3512
• Type: NEMA Type 4
• Camera: Sanyo Day /Night
• Frequency: 50 /601-1z
• Quantity:4
• Enclosure: Pelco EH3512
• Type: NEMA Type 4
• Camera: Panasonic W -CP244
• Frequency: 50 /60Hz
• Quantity:1
• Enclosure: Pelco BB4 -PG -E
• Type: PTZ
• Camera: Pelco PTZ Audio/Video
• Frequency: 50 /601-1z
• Quantity:1
• Enclosure: Pelco EH3512
• Type: NEMA Type 4
• Camera: Pelco DSP Color CCD Camera
• Frequency: 50 /601-1z
• Quantity:9
o Servers
• Dell PowerEdge R610
• Quantity:2
o Software
• OnSSI Skypoint
• OnSSI NetDVM
o All hardware and software installations and upgrades will need to be
coordinated with and may be delegated to City IT staff as designated by the
Project Administrator.
Am -Tec Total Security, Inc. Page A -8
EXHIBIT B
SCHEDULE OF BILLING RATES
Am -Tee Total Security, Inc. Page B -1
ATTACHMENT D: PROPOSAL OFFER FORM
instructions: Proposers may submit pricing Information on their own forms but this Proposal Offer
Form must also be completed. Complete this form, sign, and remit as part of your Proposal as
Attachment D.
UNIT PRICES
A. Contractor is advised that the prices will enter into the determination of the contract award.
Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below
refer to all items installed and include all costs connected with such items; including but not
limited to, materials, labor, overhead, and profit for the Contractor.
B. The percentage quoted by the Contractor shall be those percentage unit prices that will be
charged or credited for labor and materials to be provided regardless of the total number units
and /or amount of labor required for added or deleted items of work.
C. All work shall be performed in accordance with the specifications described in the RFP.
COSTS FOR SERVICES
Service
Unit Cost
Minimum Hours
Bi- Monthly and Semi - Annual Service
$ %t' C6 . 0O /month
As- Needed Extraneous Service
$ q.5.66/hour
_ �. hour(s)
As- Needed
Evening/Weekend /Holiday Service
$ 12-5 00 /hour
�` _ hour(s)
Total Annual Cost
$ 1q, '9.0 Q 00 /year
The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement,
agreement or connection with any corporation, firm or person submitting a Proposal for the some services,
and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered
into any arrangement or agreement with any City of Newport Beach public officer. The undersigned
dgandd
s collusive practices are a violation of State and Federal law and can result in fines, prison
s es. and civil damage awards.
Date
e-! tf -"_ Or() k ]-r
Printed Name Ind Title
DIIPage
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIRMANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Am -Tec Total Security, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Am -Tec Total Security, Inc. Page C -2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
Am -Tec Total Security, Inc. Page C -3
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Am -Tec Total Security, Inc. Page C -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/10/15
Dept. /Contact Received From: Chris
Date Completed: 2/25/15 Sent to: Chris By: Joan
Company /Person required to have certificate: Am -Tec Total Security
Type of contract: Alt Others
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 1/9/15- 1/9/16
A.
INSURANCE COMPANY: Mt. Hawley Insurance Company
B.
AM BEST RATING (A-: VII or greater): A +:XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes N No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided ?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L-
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 8/10/14 - 8/10/15
A.
INSURANCE COMPANY: Mercury Casualty Company
B.
AM BEST RATING (A-: VII or greater) A +:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes N No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III.
WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 9/29/14- 7/17/15
A. INSURANCE COMPANY: State Fund
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2/25/15
Date
❑ Yes ❑ No
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
O ■
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Risk Management approval is needed for the non - admitted status of general liability carrier. Approved 2- 25 -15.
Approved:
Risk Management
* Subject to the terms of the contract.
Date