HomeMy WebLinkAboutC-8668-1 - Installation Agreement for Lifeguard Tower CommunicationsINSTALLATION AGREEMENT
WITH SPECIAL ORDER SYSTEMS, INC., DBA TEAMSOS FOR LIFEGUARD
V TOWER COMMUNICATIONS
THIS INSTALLATION AGREEMENT ("Agreement") is made and entered into as of
this 24th day of May, 2021 ("Effective Date") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and SPECIAL ORDER
SYSTEMS, INC., a California corporation, doing business as ("DBA") TEAMSOS
("Contractor"), whose principal place of business is 3877 Shawn Way, Suite 200, Loomis,
CA 95650 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 provide installation of the TEAMSOS SEACOM
solution, wireless phone system for Lifeguard towers as detailed in the Scope of Work
and Schedule of Billing Rates attached hereto as Exhibit "A" ("Project").
C. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the 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 price specified in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to retain
Consultant to render professional services under the terms and conditions set forth
in this Agreement.
E. Consultant's wireless phone system is unique, proprietary, and Consultant is the sole
source for procurement and installation of its system.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it will perform all Services in
a manner commensurate with community professional standards and with the ordinary
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 1
degree of skill and care that would be used under reasonably competent practitioners of the
same discipline under similar circumstances and that all materials will be of good quality.
1.2 Contractor shall perform everything 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.
1.3 In consideration of the payment of the Installation price and subject to all the
terms and conditions hereof, Contractor shall: install the TEAMSOS SEACOM solution,
wireless phone system for Lifeguard Towers (hereinafter referred to as "Products"), as listed
and set forth in the Scope of Work attached hereto as Exhibit "A" and incorporated in full by
this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule
may result in termination of this Agreement by City as outlined in Section 18 below.
2.2 Force Maieure. The time period(s) specified in Exhibit "A" for performance of
services rendered pursuant to this Agreement shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
3. TERM
Unless earlier terminated in accordance with Section 18 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services agreed to
herein or until December 31, 2021, whichever occurs first.
4. COMPENSATION
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 Exhibit "A" and
incorporated herein by reference. Contractor's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subcontractor fees,
shall not exceed Fifty Five Thousand Dollars and 00/100 ($55,000.00), without prior
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 2
written authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person 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.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit "A" to this Agreement or specifically approved in writing in advance by
City.
4.4 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 the Schedule of Billing Rates as set
forth in Exhibit "A".
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the Project,
but which is not included in the Installation Price as specified in Exhibit "A", and which parties
did not reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the hourly rates set forth in Exhibit "A".
5. PROJECT MANAGER
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
term of the Agreement. Contractor has designated Neal Morgan to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 3
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. City's IT
Operations Supervisor or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 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 unless approved in advance by the City Project
Administrator.
7.2 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 community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services 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 and/or Services by Contractor, or its subcontractors, or its workers, or anyone
employed by either of them, unless caused by the City's negligent acts, omissions, or willful
misconduct.
8.2 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 to the extent arising from the negligent acts, omissions, or willful misconduct of
the Contractor' or any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, Boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against: (1) 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, liability, 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, and Work performed or
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 4
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); (2) use of improper materials in performing this Project including,
without limitation, defects in workmanship or materials and/or design defects; and/or (3) any
and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any such claim.
Contractor's liability in this Subsection shall be limited to the maximum amount of its
insurance coverage for claims arising out non -negligent and non -intentional acts performed
under this Agreement. Contractor shall not be held responsible for consequential or special
damages, or claims made to City for such consequential or special damages. Nothing
herein shall require Contractor to indemnify City from the negligence or willful misconduct of
City, its officers or employees.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables installed in this Agreement This indemnification shall include, but is
not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Agreement.
8.5 Contractor shall perform all Project 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 perform work as specified in Exhibit "A" to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
8.6 Contractor shall provide traffic control and access in accordance with Section
7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic
Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators, lights,
warning devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and/or
lighted.
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 5
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs shall
not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each
direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 8.3 above.
8.9 The rights and obligations set forth in this Section shall survive the termination
of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees, nor any of its subcontractors, are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to Contractor
or its employees.
10. 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 the Contractor on the Project.
11. 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 B, and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and
in the form attached hereto as Exhibit C which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto as
Exhibit D which is incorporated herein by this reference.
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12.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall
be issued by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned
a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Agreement,
the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of California.
13. PREVAILING WAGES
13.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime work for each craft or type of workman needed to execute the work
contemplated under the Agreement shall be paid to all workmen employed on the work to
be done according to the Agreement by the Contractor and any subcontractor. 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.
13.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently registered
and qualified to perform public work. Contractor further warrants that it is currently
registered and qualified to perform "public work" pursuant to California Labor Code section
1725.5 or any successor statute thereto and that no contractor or subcontractor will engage
in the performance of the Services unless currently registered and qualified to perform public
work.
14. 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 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
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Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
15. 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.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg.,
which (1) require such persons to disclose any financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and (2) prohibit such
persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
16.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. 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.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: IT Manager
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Lawrence McNutt
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Special Order Systems, Inc.
3877 Shawn Way, Suite 200
Loomis, CA 95650
18. TERMINATION
18.1 Termination With Cause - 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 five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving 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 in the performance of such services up to the effective date of termination
for which Contractor has not previously been paid. In the event of termination under this
Section, City shall also pay Contractor for all Products, associated materials, and hardware
delivered to City site under this Agreement that City deems usable.
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the work
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will be
free from defects in material or workmanship and will be of the kind and quality designated
or specified by Contractor in Exhibit "A". The warranty shall apply only to defects appearing
within two years from the date of final acceptance by City for hardware products not
manufactured by the Contractor, and two years from the date of final acceptance by City for
hardware products manufactured by Contractor. If Contractor installs the Products and
associated hardware and materials, or supplies technical directions of installation by
Agreement, the warranty period shall run from the date of final acceptance of installation by
City, provided same is not unreasonably delayed by City.
20.2 If Contractor -manufactured equipment delivered hereunder does not meet the
above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon
correct any defect, including non-conformance with the specifications, either (at its option)
by repairing any defective or damaged parts of the equipment, or by making available any
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 9
necessary replacement parts, delivered and installed without additional charge to City within
seven (7) working days. City will return the defective product to Contractor, at Contractor's
expense. Contractor shall repair or replace the defective item and return it to City, shipping
costs prepaid. Contractor shall perform any necessary testing, hardware and equipment
removal, repair, replacement, certification, and installation at no cost to the City during the
warranty period, using Contractor's equipment.
20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether
written, oral, implied or statutory. Contractor does not warrant any equipment of other
manufacture designated by City.
21. REPRESENTATIONS
21.1 Non -infringement. Contractor represents that to the best of its knowledge the
technology embodied in the products sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
21.2 Authori . Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Agreement or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and such
information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Agreement or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any event
shall not be less than the efforts the recipient takes to ensure the confidentiality of its own
proprietary and other confidential information) to keep, and have its employees and agents
keep, any and all Confidential Information confidential, and shall not copy, or publish or
disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose
it to others, without the disclosing party's written approval; nor shall the recipient make use
of the Confidential Information except for the purposes of executing its obligations
hereunder, and (except as provided for herein) shall return the Confidential Information and
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 10
data to the first party at its request. The City's duty to maintain confidentiality as described
hereunder shall be subject to the laws of the State of California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
24. STANDARD PROVISIONS
24.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
24.2 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.
24.3 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.
24.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
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.
24.5 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.
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 11
24.6 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.
24.7 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.
24.8 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.
24.9 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.
24.10 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.
24.11 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.
24.12 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.
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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 :_04f 21
By: 0�0
on C. Harp
City Attorney
ck
ATTEST:
Date: � - L. ^QA
1111J.� L
Leilani 1. :.
city :r ._�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: MAY 2. g 2021
By:
Gra Leung
C' Manager
CONTRACTOR: SPECIAL ORDER
SYSTEMS, INC., a California corporation,
doing business as ("DBA") TEAMSOS
Date:
Signed in Counterpart
By:
Lawrence Edward, Jr. Mcnutt
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
Exhibit B — Insurance Requirements
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page 13
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: 04/ I /'a I
By:�"� n M,�r)
Von C. Harp
City Attorney
c�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
ATTEST: CONTRACTOR: SPECIAL ORDER
Date: SYSTEMS, INC., a California corporation,
doing business as ("DBA") TEAMSOS
Date: — 2a 2 (
By: By: t
Leilani I. Brown Lawrence Edward, Sr. Mc tt
City Clerk Chief Executive Officer/ ecretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates
Exhibit B — Insurance Requirements
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
SPECIAL ORDER SYSTEMS, INC. ^DBA TEAMSOS Page 13
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page A-1
Introduction
TEAMSOS, a leader in solving business Challenges with advanced technology
forover twenty-five years, provides this comprehensive cloud solution to the City
TEAMSO.S of Newport Beach. TEAMSOS has designed and customized the Smart Safety
Emergency Alert Communications (SEACOM) solution specifically for Newport
Beach. The SEACOM solution will provide Lifeguards with a state of the art
Providing InnovativeTechnology Solutions communications solution, ensuring performance and stability while providing a
significant savings on IT costs.
1 Executive Summary
The City of Newport Beach (City) has decided to implement the TEAMSOS SEACOM solution to provide
a high performance, reliable emergency services communication system supporting the Newport Beach
Lifeguards and emergency personnel. Lifeguards are responsible for the safety and well-being of the
people who visit their beach and enjoy the waters. Lifeguards must be able to react quickly and have
efficient communication in the event of an emergency. TEAMSOS has developed the SEACOM solution
understanding the importance of utilizing advanced communications technology in rescue situations in
order to save lives.
Newport Beach Lifeguards protect up to 10 million beach visitors annually across 6.2 miles of ocean and
2.5 miles of bay beaches, with preventative actions and medical assistance. Every day of the year,
Lifeguards ensure safety and provide customer service to the visitors on the beach, boardwalk, piers and
in the ocean.
SEACOM is a fully managed communications solution in which every aspect of the system is supported by
the vendor/partner thus allowing all Lifeguard staff to focus on public safety and removing the burden of
operational support from their daily activities. The SEACOM solution was custom developed and designed
to specifically solve the challenges and issues experienced by State of California beaches. The SEACOM
solution is currently deployed across approximately thirty-five (35) beaches throughout the State of
California covering nearly 300 miles of coast line.
This Scope of Work (SOV19 includes the professional services associated with the installation
(design, configuration and deployment) of the new SEACOM infrastructure at the Newport Beach lifeguard
tower (Lifeguard Tower) and Headquarter (HQ) locations. City and TEAMSOS have met and discussed
leveraging the existing CityCisco Unified Communications infrastructure in an effort to meet budgetary
guidelines.
Primary Objectives:
Implementation of the SEACOM solution into the Lifeguard towers and Lifeguard dispatch
locations, including:
o Dedicated Private wireless connectivity between the Lifeguard towers and Lifeguard
dispatch location
o Resilient solar power system for each Lifeguard tower to support powering the
solution, including solar panels and batteries
o Necessary wireless masts to support the wireless solution
o In -tower industrial POE switches to support the solution
o Ruggedized Lifeguard tower phones to enable clear communication
o Environmental monitoring system in each Lifeguard tower to ensure the power
system stays healthy
Page 1 of 10
o Weather -resistant cabinets that house all necessary power, communications, and
networking infrastructure at each tower
o Central VPN gateway to support remote monitoring and diagnostics by TEAMSOS
personnel
o Initial configuration and construction of all included equipment, and of the Lifeguard
tower and Lifeguard dispatch phones in Newport's Cisco UC system to support the
solution
o TEAMSOS will leverage City's existing Cisco Unified Communications solution and
infrastructure
Locations:
City of Newport Beach
100 Civic Center Drive, Newport Beach, CA 92660
Approximately 39 x lifeguard towers and 1 x HQ. Lifeguard towers are listed as follows:
Towers 1, 3, 4, 5, 6, 7, 10, 13, 15, 17, 18, 19, 20, 22, 24, 28, 32, 36, 40, 44, 48, 52, 56, 61,
65, 68, 71, 74, N&Bay, Marina Park, Wedge, P, L, G, B, A, Main, and Coronado.
Executive Contacts:
CITY CONTACTS
NAME: Micheal Wojciechowski
TITLE: IT Operations Supervisor
OFFICE PHONE: (949)-644-3088
EMAIL: mwojo(a_newportbeachca.gov
NAME: Joey Bensie
TITLE: Senior Network Engineer
OFFICE PHONE: (949)-644-3088
EMAIL.-
NAME:
MAIL:
NAME: Clay Rinker
TITLE: Lifeguard Captain
OFFICE PHONE: (949)-644-3088
EMAIL: crinker@nbfd.net
NAME: Brian O'Rourke
TITLE: Lifeguard Battalion Chief
OFFICE PHONE: (949)-644-3088
EMAIL: borourke@nbfd.net
TEAMSOS CONTACTS
Lawrence McNutt, CEO
Imcnutt team-sos.com
916-577-1703 Office
Neal Morgan, Account Executive
n_morgan(a)-team-sos.com
916-577-1743 Office
916-580-4931 Mobile
Rob Thornton, Chief Technology Officer
rthornton(D_team-sos.com
916-577-1745 Office
916-502-5315 Mobile
Page 2 of 10
2 TEAMSOS Responsibilities
TEAMSOS shall provide the following Services:
• Perform wireless site survey
■ Onsite visit and walkthrough to validate geographic terrain
■ Utilize remote wireless tools for ensuring appropriate Wi-Fi performance
• TEAMSOS shall design, build and configure the SEACOM system in their PCI compliant
lab facility prior to onsite installation
• TEAMSOS shall make any necessary configuration modifications to the current/existing
Cisco UC solution. Lifeguard dispatch and tower phones would be registered to City's
existing Cisco Unified Communications Manager (UCM) and Unity Connection systems.
• TEMASOS is responsible for the initial configuration of the LG dispatch voicemail boxes
• TEAMSOS shall build ruggedized/custom cabinets sized for each Lifeguard tower.
Equipment in a lifeguard tower will include the following:
■ Cabinet (3' x 2.5' x 10" — 50lbs)
■ PoE switch
■ Solar Panel and batteries
■ Monitoring device
■ Cabling
■ Ruggedized SIP phone
■ Wireless Infrastructure/radio/AP
• Antenna and Mast
• Monitoring device
• Cabinets include all of the necessary product and hardware to support end to end
communications between the Lifeguard towers, the Lifeguard HQ and the TEAMSOS
private cloud.
• All devices and cabinet are designed to with stand extreme weather and hot/cold
environments
• TEAMSOS shall integrate with the existing UC system at the headquarters locations
■ Cisco Routers
■ Cisco switches
■ Cisco IP phones
■ SEACOM Application on City provided workstations
• The new SEACOM solution requires no in ground digging or cabling.
• Access to LG towers shall be coordinated with City staff and will be on foot or via
authorized Newport beach provided vehicles
• Solar panels are flat (4'x 2.5'x 6") and not visible
• Masts are painted to match an approved color scheme to blend into the background
Page 3 of 10
• All area's impacted by the TEAMSOS installation team will be restored to their
preconstruction condition or better within 3 days of completion of construction. Any
beach sand impacted shall be filtered as necessary to remove all debris or material left or
caused by the installation. There will be no trash left behind
• Carrier Services
■ City would continue to leverage their existing telephony and Internet carrier
services.
■ Telephony and Internet carrier services would be supported by City IT staff
• Upon completion of tower installations, TEAMSOS shall conduct testing using a checklist
to validate performance and connectivity
• TEAMSOS shall take photos and work with City staff for sign -off for completion
• Update documentation
• TEAMSOS shall provide project coordination services during the course of the project,
including the following:
■ 3rd -party vendor coordination planning and scheduling
■ Project status reporting to Client
■ Coordination and communications with Client's personnel
■ Coordination, supervision and scheduling of TEAMSOS personnel
■ Scheduling of project meetings as needed.
3 City Responsibilities
City is responsible for the following:
• Provide access to current Cisco UC environment — Servers, applications and/or
networking infrastructure.
• Designate a primary project lead to assist with project development and progress
• Designate a primary contact for all change order requests. All change order requests must
be made through this contact to be considered valid
• Provide any documentation as requested to successfully complete the project
• City shall continue to leverage their existing telephony (Cisco UC system) and Internet
Carrier Services
• City shall keep the surrounding network and phone system infrastructure supporting
SEACOM solution covered by manufacturer maintenance (Cisco SMARTnet an/or
SWSS/FLEX) to ensure manufacturer escalation is possible.
o Note: in addition to keeping maintenance current City is responsible for
upgrading the UC system and staying up to date with the current supported
version(s).
• Sign off applicable approved design plan (Assessment Report), approved change orders,
completed User Acceptance Test Plan, etc.
• Complete any RFI (Request For Information) documentation required by TEAMSOS —
hostnames, IP address, etc.
Page 4 of 10
• Complete any user list information as required in order for TEAMSOS to complete user
configurations for the project.
• Provide timely responses to communications including email and/or voicemail
• Ensure scheduled meeting times are kept. If meetings need to be moved, please provide
as much notice as possible
• Provide workspace and network (both internal private and public switched telephone
network) connectivity for on-site TEAMSOS personnel as needed to complete the project.
• Make available an employee when needed to assist TEAMSOS and provide physical
and/or remote access to City's facilities including server and telephone rooms as necessary
• Provide all network and facility information and access required for TEAMSOS to complete
this project
• Coordinate schedules with TEAMSOS. Should non -business hours be required to
complete the project beyond those identified in this scope of work, overtime charges will
be charged to Client
• Provide remote access to all network -attached devices as required for TEAMSOS to
complete this project. If Client has security policies, it is Client's responsibility to provide
remote access to TEAMSOS that meets Client's security policies
• If remote access utilizes a screen share or other method in which a client team member is
required, task schedule/timeline may be affected based on availability of that client team
member
• Remote Access speeds must be reasonably fast in order not to impede the work of
TEAMSOS. If speeds are not reasonably fast, and end up adding time to sections of this
project, TEAMSOS will address this with client, and may need to add time to the SOW in
the form of a change order, to be approved.
• If TEAMSOS is delayed in the performance of their work by Client's failure to provide any
of these items, the delay time will be billable at the same rate as the work scheduled to be
performed. This includes delays in the project timeline which result in additional system
updates, meetings or other time required due to the delay
• Dispose of any retired equipment.
Page 5 of 10
4 Project Closure
Transfer of Open Incidents Out of Contract — "No -Fault Support
Agreement"
TEAMSOS and City agree in principle to the possibility that software & hardware
integration creates the potential for integration issues that are out of the control of either
City or TEAMSOS staff, and cannot be directly attributed to poor execution of the
services Any vulnerability that could result in this type of issue arising out of the
Implementation will be identified and outlined in thisScope of Work. Details and
descriptions will be provided for the processes that TEAMSOS will follow in the event of
issues that may arise. Solutions may include but are not limited to bug fixes, patches,
and/or software upgrades.
o In the event that an unknown product bug or non-functional feature is uncovered
or identified by City and/or TEAMSOS and is determined to affect a required
feature or function of the system, it is TEAMSOS' responsibility to identify the
issue(s), initiate all contact with the manufacturer to identify the problem(s) and
begin steps towards resolution. Then troubleshoot the problem collaboratively
with TEAMSOS personnel or subcontractors, City personnel, and/or
Manufacturer Support personnel, until the issue is resolved.
o The Assessment Phase will ensure that all features desired by City are identified
and included in a Test Plan to verify compliance. It will be the responsibility of
both City and TEAMSOS to ensure that such features are tested during the
solutions implementation.
o Bug Fixes, Patches, and/or Service Upgrades that are not available at the time of
Project Closure, shall be identified with a unique Help Desk Ticket or Incident
Tracking Number assigned by Manufacturer (if possible), as well as a unique
Incident Tracking Number assigned by TEAMSOS. No incident that arises out of
the Project's implementation identified as "Required for Go -Live" shall be
considered as a candidate for a "No-fault Support Agreement". In such case,
TEAMSOS will do whatever is necessary to get the incident resolved during the
implementation phase of the project with as little to no impact as is reasonable to
the Project Implementation Timeline GO -LIVE date for the specified phase or
site. If there is an impact either to the cost or time allotted to the project,
appropriate changes to the project will be documented through a Change Order
process.
o The "No-fault" Support shall be performed at no cost to City. Features of this no
cost "No-fault" Support Agreement shall include, but not be limited to, the
following:
• Bi -weekly updates to City by TEAMSOS on status of issue/incident
• Final determination of resolution for issue/incident by manufacturer when
provided by manufacturer
• Priority Scheduling for applying Bug Fix(es), Patch(es), and/or Service
Upgrade(s) when they are made available by the manufacturer
• Monthly Status Reports on all open incidents assigned to a No-fault
Support Agreement.
o This "No-fault" Support is to be submitted in writing for review prior to the Project
Closure Meeting if issues that qualify for a "No-fault Support Agreement" exist as
described in this Scope of Services. Once issues are appropriately documented
Page 6 of 10
and identified within the "No-fault Support Agreement", a final version of the "No -
Fault Support Agreement" will be brought to the Project Closure meeting and
finalized between the authorities of both parties.
o The term of the "No-fault Support Agreement" will be governed by the successful
implementation of the Bug Fix, Patch, and or Service Upgrade by TEAMSOS
personnel supplied by Manufacturer to City's satisfaction for each issue identified
within the "No -Fault Support Agreement".
Project Closure Meeting
• The Project Closure Meeting will be held between City and TEAMSOS personnel
involved in the Project, and will include Project Managers and Team Leads for both
parties
• Overall status of the project, including incidents to be transferred to a "No -Fault" Support
Agreement, if applicable, will be reviewed.
• Appropriate sign -offs are received as described in the Sign -off Checklist and identified in
the Project Implementation Timeline.
Page 7 of 10
5 Legal Information
5.1.1 TEAMSOS shall provide City with qualified personnel to perform in support,
consulting, design, acquisition services, project management,
implementation and related computer services, as more fully described in
the Statement of Work.
5.1.2 TEAMSOS shall require its employees or subcontractors working on City's
premises at all times to observe security and safety policies and normal
business hours of City.
5.2 Warranties
5.2.1 Services shall be performed in a workmanlike and professional manner by
employees or subcontractors of TEAMSOS having a level of skill
commensurate with the requirements of the Agreement.
5.2.2 TEAMSOS' performance of the Services do not and shall not infringe any
patent, trademark, copyright, trade secret or proprietary right held by any
third party.
5.2.3 With respect to any hardware or software sold, distributed, licensed or
supplied by TEAMSOS in connection with the Services, to the extent
permitted by the manufacturer or licensor of such hardware or software,
TEAMSOS will pass through to City all product warranties provided by the
manufacturer or licensor.
5.2.4 City recognizes that the use of computer and telecommunications products
entails a substantial risk of loss of magnetically stored data, and that
industry standards dictate Client's systematic use, in conjunction with any
central processing unit, of products which provide comprehensive backup
of data so as to prevent such loss. Client assumes all risk of loss of its
magnetically stored data in any way related to or resulting from the provision
of Services hereunder and hereby releases TEAMSOS from any liability for
loss of such data.
5.2.5 With respect to any hardware replacement part sold or supplied by
TEAMSOS, TEAMSOS warrants all replacement parts for a period of 2 years
from the date of service, during which period any defective part installed by
TEAMSOS will be replaced at no additional charge. At TEAMSOS' option,
replacement parts may be new or reconditioned. The remedy stated in this
Section shall be City's- exclusive remedy in connection with the
performance of parts supplied by TEAMSOS.
5.3 Trademarks
Product names mentioned in this document may be trademarks or registered trademarks
of their respective manufacturers and are hereby acknowledged.
5.4 Disclosures
5.4.1 Disclosure notices:
• -VoIP 9-1-1 calls may not be routed over a dedicated 9-1-1 Network
• -VoIP 9-1-1 calls travel over the Internet and can be slowed by viruses, worms
and other cyber -attacks.
• -VoIP 9-1-1 calls may not be routed to the correct 9-1-1 Center and/or may not
Page 8 of 10
be answered with the same priority as other 9-1-1 calls.
• -Power loss can interrupt VoIP 9-1-1 calls.
• -Caller information (phone number/address) may not display for the 9-1-1
Center for Vol P.
5.4.2 Best practices for enterprises using VoIP telephone services require that all wide
area network connections/circuits be configured to support Quality of Services
("QoS"). As the adoption of VoIP telephone systems becomes widespread and
VoIP technology matures, some companies have deployed VoIP telephone
systems without QoS enabled on their wide area networks. Common examples
are home or remote offices which connect to a main location via the Internet.
Companies that deploy a VoIP telephone system over a wide area network must
be aware that toll-quality voice may not be achieved and additional costs to deploy
a new wide area network that supports Quality of Service may be required to
achieve toll-quality voice services. Client accepts the risk and responsibility of
using VoIP services over non-QoS circuits or channels.
The information contained within constitutes the work product of TEAMSOS, including the
ideas, processes, concepts and theories. The ownership of this work product lies solely
with TEAMSOS, and the submission of this document in no way authorizes the recipient
to use its contents without TEAMSOS' express written permission, except when recipient
is acting as required by law.
Page 9 of 10
BILLING RATES
PRICING SUMMARY:
$ 1,310.40 Per Lifeguard
SUBTOTAL - Implementation of the SEACOM solution Tower/Lifeguard
Headquarters
GRAND TOTAL (based on up to 39 x Towers and 1 x HQ) $ 52,416.00
The following are the Standard Hourly Bill Rates for TEAMSOS personnel and/or
subcontractors:
OMNIRCustor�nerSupport Services
$85.00
STANDARD
Emergency OR
Overtime Hourly
Bill Rate
$127.50
STANDARD
Emergency AND
Ove rtim e, or TEAMSOS
Holiday Hourly Bill Rate
$170.00
Microsoft Engineer
$200.00
$300.00
$400.00
Advanced Microsoft Engineer
$225.00
$337.50
$450.00
Telecom Engineer
$150.00
$225.00
$300.00
Advanced Telecom
$195.00
$292.50
$390.00
Cisco Voice Engineer
$205.00
$307.50
$410.00
Advanced Cisco Voice Engineer
$250.00
$375.00
$500.00
Cisco Communications Development Engineer
$275.00
$412.50
$550.00
Cisco Network Engineer
$195.00
$292.50
$390.00
Cisco Advanced Network Engineer
$250.00
$375.00
$500.00
Genesys Communications Engineer
$200.00
$300.00
$400.00
Advanced Genesys Communications Engineer
$240.00
$360.00
$480.00
Genesys Communications Development Engineer
$275.00
$412.50
$550.00
Project Manager
$185.00
$277.50
$370.00
Security Service Engineer
$195.00
$292.50
$390.00
Advanced Security Services Engineer
$225.00
$337.50
$450.00
Page 10 of 10
EXHIBIT B
INSURANCE REQUIREMENTS
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) with no
endorsement or modification limiting the scope of coverage for liability assumed
under a 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 vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit each
accident.
SPECIAL ORDER SYSTEMS, INC.DBA TEAMSOS Page B-1
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, 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. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the expiration
of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Contractor shall, within ten (10) days after
receipt of written notice of such cancellation or reduction of coverage, file with
the City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
SPECIAL ORDER SYSTEMS, INC.DBA TEAMSOS Page B-2
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 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.
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.
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 subcontractor
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.
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 Agreement, 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
SPECIAL ORDER SYSTEMS, INC.DBA TEAMSOS Page B-3
judgment may be necessary for its proper protection and prosecution of the
Work.
SPECIAL ORDER SYSTEMS, INC.DBA TEAMSOS Page B-4
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. UCSX372X3792
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to SPECIAL
ORDER SYSTEMS, INC., a California corporation, hereinafter designated as the "Principal,"
an Agreement for the installation of wireless phone system for Lifeguard towers, in the City
of Newport Beach, in strict conformity with the Agreement on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set
forth.
NOW, THEREFORE, We the undersigned Principal, and,
United Surety Insurance Company and General Reinsurance Corporation duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of Fifty Five
Thousand Dollars and 00/100 ($55,000.00), lawful money of the United States of America,
said sum being equal to 100% of the estimated amount payable by the City of Newport
Beach under the terms of the Agreement; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as required
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page C-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 3rd day of May '2021 .
Special Order Systems, Inc. dba
TEAMSOS
Name of Contractor (Principal)
United Surety Insurance Company and
General Reinsurance Corporation
Name of Surety
292 Newbury St. #105, Boston, MA 02115-2801
and 120 Long Ridge Road, Stamford, CT 06902
Address of Surety
(617) 471-1112
Telephone
Authorized/ ignature/T1
Authorized Agent Signature
Kelly A. Specht, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date•r1- 11„'2,o 2-1
B%r
41L -
Aaron C. Harp, City Attorney db,`xi
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page C-2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State `. I ^ ` ` nf
County of PketC.eC' }ss.
California
On 202 ( before me,
Notary Public, personally appeared
Lc.�r epee Mc r►u� t— Tr who
proved to me on the basis of satisfactory evidence to be the erson(s' whose name( is
s bscribed to the within instrument and acknowled Rd to me thattelsheMiey executed the same in
ha4heir authorized capacity(ies), and that bApj5AiefMeir signatures(4)-on the instrument the
person(ey, or the entity upon behalf of which the personkWacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
STEVE RLITLEDGE
Wi�S�and and official seal. a .z• COMM #2309083
NOTARY PUBLIC a CALIFORNIA y
PLACERCGl1NTY
/ Commission Expires October 18, 2023
Signature (seal) tiy�•KK'r•1•.tiL•.wx.•.vb•� rxti.
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page C-3
California All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange S.S.
On May 3, 2021 before me, Bethany Mercer, Notary Public
•i2n�c of ""Lally 111e
personally appeared Kelly A. Specht
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is BE-HANY MERCER
C
Notary Public - Catifor�jj
a'�
true and correct. 'Ifo"),
Orange Co,nty
Commission X 22 7129
WJTN ESUS Com ?
my h and officials Y COMrr. Expires j4
27. 2021
OPTIONAL INFORMATION
A )though the int rmation in this s, �ction is not requited by law, it could prevent fraudulent removal and reattachment of
this acknowledg, nt to an unaut iorized document and may prove useful to persons relying on the attached document.
rl-rl
111
Description of ttached D current
The preceding Certikicate-Qf nowledgment is attached to a Method of Signer Identification
document titled/for the purpose of
Proved to me on the basis of satisfactory evidence:
Payment Bond#UCSX372X3792 form(s) of identification [-] credible witness(es)
containing 3 pages, and dated May 3, 2021 Notarial event is detailed in notary journal on:
The signer(s) capacity or authority is/are as: Page #_ Entry #
D Individual(s) Notary contact:
j Attorney-in-fact
Ll Corporate Officer(s) i Other
Additional Signer [J Signer(s) Thumbprints(s)
--1 Guard ian/Conservator
L-1 Partner - Limited/General
-1 Trustee(s)
i-7 Other:
representing: United Surety Insurance Company and
General Reinsurance Corporation
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
POWER OF ATTORNEY Agency No. 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety
Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by
these presents make, constitute and appoint:
Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer, William Belpedio
its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts ofsuretyship to include riders,
amendments, and consents of surety. This Power of Attorney shall expire without further action on December 31", 2023.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1" day of July, 1993:
Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or otherwritten obligation in the nature thereof; such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 15th day of February, 2021.
Commonwealth of Massachusetts
County of Suffolk ss:
On this 15th day of February, 2021, before me, Thomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety
Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capaclty, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal. J®�
THOMAS P. CARRIGAN, JR,
//� �/ ✓`� (Seal ; Notary Public, Commonweahh of Massachusetts
P i
Thomas P. Carrigan, Jr., Notary Publ Commission Expires: 10/31
c1/2025 My Commission Expires October 31, 2025
I, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety
Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full
force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witn Whereof, I have hereunto set my hand and affixxeed�the
/seals of said Companies at Boston, Massachusetts this day of
.
Cor ate eats
'o' SEAL SEAL ''n, ?, S8AL //`
Robert F. Thomas, Chief Operating Officer
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
UNITED CASUALTY AND SURETY INSURANCE COMPANY
OSUNETy��
"SVRETr.... gyp,
US Casualty and Surety Insurance Company
;fir` �oX>ow,f':
Y �a +>f ;m=
;W i �a••w„F " o`
United Surety Insurance Company
_
=S+ SEAL ?�
p'r:
z71, SEAL
% J:...•nm pa'c
'• SEAL 11E
;'..
gew rz��
nun
,16/el R. Chachkes, Treasurer
Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
On this 15th day of February, 2021, before me, Thomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety
Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capaclty, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal. J®�
THOMAS P. CARRIGAN, JR,
//� �/ ✓`� (Seal ; Notary Public, Commonweahh of Massachusetts
P i
Thomas P. Carrigan, Jr., Notary Publ Commission Expires: 10/31
c1/2025 My Commission Expires October 31, 2025
I, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety
Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full
force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witn Whereof, I have hereunto set my hand and affixxeed�the
/seals of said Companies at Boston, Massachusetts this day of
.
Cor ate eats
'o' SEAL SEAL ''n, ?, S8AL //`
Robert F. Thomas, Chief Operating Officer
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
DUPLICATE ORIGINAL
Power # UC&S 219`0CA-4246- ��
POWER OF ATTORNEY
GENERAL REINSURANCE CORPORATI]ON
112.0 LONG RIDGE ROAD, STAM11FORD, CONNECTICUT 06902
`now All Mees By These Presents. That the GENERAL REINSURANCE CORPORATION, a
corporation organized and existing under the laws of the State of Delaware, with Executive Offices at 120
Long Ridge Road, Stamford, Connecticut 06902, does hereby nominate, constitute and appoint Kelly A.
Specht,,Bethany R. Mercer, and Richard P. Ford its true and lawful Attorney(s)-in-fact with full power and
to make, execute and deliver, for and on its behalf as surety, and as its act and deed, for;
authority
Bond Number: OUB )(1 7, -/
Bond Description:
Principal'' f S
Obligee: f
Description: Ca >Li Ut�S
including consents in connection therewith - which are written on a co -surety basis and duly executed by United
Casualty & Surety Insurance Company, 292 Newburn St Suite 105 Boston MA 02115 as a co -surety; provided
the co -surety share of General Reinsurance Corporation on any single bond shall not exceed $5,000,000 and the
execution of such bond(s),undertaking(s); or writing(s) obligatory, in pursuance of these presents, shall be as
binding upon said Corporation, to all intents and purposes, as if duly executed by the President or Vice President
of the Corporation, sealed with its corporate seal, and attested by its Secretary, Assistant Secretary or Vice
President; and said Corporation hereby ratifies and confirms the acts of said Attorney(s)-in-fact done pursuant
to the power and authority herein given.
This Power of Attorney is made and executed by authority of the By-laws of said Corporation of which the
following excerpt is a true and exact copy. _
"ARTICLE VI, SECTION 6.01 Execution ofInstnupents Generally. The Chairman of the Board, the President, an}, Vice President, the
Secretary or the Treasurer may enter into any contract or execute and deliver any instrument in the name and'on behalf of the Corporation. The
Board of Directors may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the
name and on behalf of the Corporation, and such authorization may be general or confined to specific instances."
ARI power- and authority hereby conferred shall herebyexpire and terminate without notice at
midnight of the 31"L day of March, 2022 as respects executions subsequent thereto,
Iii FV igness Whereof.- The GENERAL REINSURANCE CORPORATION has Caused these presents to
be signed by its Vice President and its corporate seal to be affixed this 27th day of
January, 2021.
Attest ,; GENERAL REINSURANCE CORPORATlgI j,.
)VI'C111_<l.R111 MrUBLIC
MY COMMIS ION) EXPIRES OCTOBER 31 2023
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. UCSX372X3792
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2,062.00 , being at the
rate of $ 37.50 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to SPECIAL
ORDER SYSTEMS, INC., a California corporation, hereinafter designated as the "Principal,"
an Agreement for the installation of wireless phone system for Lifeguard towers, in the City
of Newport Beach, in strict conformity with the Agreement on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and United Surety Insurance Company and
General Reinsurance Corporation duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Fifty Five
Thousand Dollars and 00/100 ($55,000.00), lawful money of the United States of America,
said sum being equal to 100% of the estimated amount of the Agreement, to be paid to the
City of Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns,
jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Agreement Documents and any alteration thereof made as therein provided on its part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by City, only in the event City is
required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page D-1
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 3rd day of May , 20 21
Special Order Systems, Inc. dba
TEAMSOS
Name of Contractor (Principal)
United Surety Insurance Company and
General Reinsurance Corporation
Name of Surety
292 Newbury St. #105, Boston, MA 02115-2801
and 120 Long Ridge Road, Stamford, CT 06902
Address of Surety
(617) 471-1112
Telephone
(/ 491Ae
Authorized Signa e/Title
Authorized A ent 8ignature
Kelly A. Specht, Attorney -in -Fact
Print Name and Title
NOTARYACKNOKq-EDGMENTSOF
CONTRACTOR AND SURETY MUST BE ATTACHED
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z7/2y Z i
By:
Aaron C. Harp, City Attorney
05 2 -
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
+-+- C11. V, V-0 r v\ Z>L _t
County of P (cte-e-r } ss. v
California
On C>5--C�`1 20:2 L before me,
S#coc- R" #le cl-c, Notary Public, personally appeared
LckOrPv\c'e- N1Lnu+A'who
proved to me on the basis of satisfactory evidence to be the erson(;K whose nameosl6a �e'
s bscribed to the within instrument and acknowledged to me tha e SheAbey executed the same in
i hQdthei.F authorized capacity(+as), and that by( eir signatures(s)- on the instrument the
person(,°; or the entity upon behalf of which the person(R'acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.,N
STEVE RUTLEDGE
;z COMM. # TLED 3
WI�ESS my ,and and OfFCIaI seal. a NOTARY PUBLIC •CALIFORNIA m
PLACER COUNTY
Commission Expires October 18, 2023
w.vvxm tititi tiv snn •.wrrwl.•rtiti yyy
✓Signature seal
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
SPECIAL ORDER SYSTEMS, INC. DBA TEAMSOS Page D-3
--A '111 w.''
California All -Purpose Certificate of Acknowledgment
,FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange S.S.
On May 3, 2021 before me, Bethany Mercer, Notary Public
personally appeared Kelly A. Specht
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the fore ing paragraph is BE HANY MERCER'
true and correct. Notary Public - California
Orange County
W SS my h officials al. Commission 1 2207129
V Comm. Expires Jul 27, 2021
Sig e iotary Pu
�OPTIONAL INFORMATION
Although the info oration in this sectiob is riot i'equired by law, It could prevent fraudulent removal and reattachment of
:-w' r,,1,vfedq1 iint to ar� )!n:iothoiiz d document and may prove useful to persons relying on the attached document.
Description of ttached Docu ent 7
-77777=-77
The preceding Certi 'cate of Acknow)clgment is attached to a Method of Signer Identification
document titled/for the purpGse-d
Proved to me on the basis of satisfactory evidence:
Performance Bond#UCSX372X3792 ❑ form(s) of identification [-]credible witness(es)
containing 3 pages, and dated May 3, 2021
Notarial event is detailed in notary journal on:
_
The signer(s) capacity or authority is/are as: Page # Entry
D Individual(s) Notary contact:
Attorney-in-fact
0 Corporate Officer(s) Other
E] Additional Signer Signer(s) Thumbprints(s)
El Guard ian/Conservator
El Partner - Limited/General
El Trustee(s)
0 Other:
representing: United Surety Insurance Company and
General Reinsurance Corporation
11-1 1-11 -T
',-)UOY ?Ulb Learning Geit,,i All Flights Resr,,fved you can pair Kase. ci 'pc", r " this town frcn otji al j
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
POWER OF ATTORNEY Agency No. 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety
Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by
these presents make, constitute and appoint:
Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer, William Belpedio
its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders,
amendments, and consents of surety. This Power of Attorney shall expire without further action on December 31'% 2023.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1� day of July,1993:
Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-Fact shall be binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or otherwritten obligation in the nature thereof; such signature and seal,
when so used being herebyadopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 15th day of February, 2021.
SJpETY /,yy;',, �.."�y,iNSURgN.,
? Z - =>:• GO�OPA),. m meq: GOPPOFtAl 0S
�N.' OOPPOAA,f - -
Y. .�_
SEAL n '" SEAL :'n SEAL !a'�
- � . _ -''i.'•. 'A°= ;yam'••..
Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
(-), e �' a r/w, C�
1 ei R. Chachkes, Treasurer
On this 15th day of February, 2021, before me, Thomas R Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety
Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal.
�J ,,.• THOMAS P. CARRIGAN, JR,
P ✓`, (Seal) ; Notary Public, Commonwealth of Massachusegs
Thomas P. Carrigan, Jr., Notary Pubic Commission Expires: 10/31/2025 My Commission Expires October 31, 2025
I, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety
Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full
force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
aL
I n Wi a Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this day of
Cor rate 5 al5 ,•!:wvi 4,' a uit p s'u y�ce, �j
p SEAL ''.. SEAL n, :;,., SEAL .j
Robert F. Thomas, Chief Operating Officer
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
DUPLICATE ORIGINAL Power # UC&S 2190CA-74246- 04
POWER OF ATTORNEY
GENERAL REINSURANCE CORPORATION
120 LONG RIDGE ROAD, STAI�Y[11F'ORD, CONNECTICUT 06902
Know All Yee By These Presents: That the GENERAL REINSURANCE CORPORATION, a
corporation organized and existing under the laws of the "State of Delaware, with Executive Offices at 120
Long Ridge Road, Stamford, Connecticut 06902, does hereby nominate, constitute and appoint Kelly A.
Specht,Bethany R. Mercer, and Richard P. Ford its true and lawful Attorneys) -in -fact with full power and
authority to make, execute and deliver, for and on; its behalf as surety, and as its act and deed, for;
Bond Number:
Bond Description:
Principal:
Obligee:
Description:
Attest:
O
r
,Tose A. Go' �a z
Second VicePr ident
GENERAL REINSURANCE CORPORAT
By_
STATEOF CONNECTICUT ss.:
COUNTY OF FAIRFIELD
The foregoing instrument was acknowledged before the this 27th
day of Janaary- 2021 by John Campbell and Jose A Gonzirlez
of the General Reinsurance Corporation, a Delaware Corporation, on.hehalf of the Corporatjon.
-----------------------------
My COMMISSION EXPIRES OCTOBER 31 .2
Franceschini, Melanie
From:
Customer Service <customerservice@ebix.com>
Sent:
Thursday, May 27, 20215:48 PM
To:
Franceschini, Melanie; Insurance
Cc:
sagar@ebix.com
Subject:
Compliance Alert -Vendor Number FV00000511
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000511 Special Order Systems, Inc. dba TEAMSOS
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.