HomeMy WebLinkAboutA7168 - RED HAWK FIRE & SAFETY, and ADT CONTRACT SERVICES AGREEMENT
RED HAWK FIRE & SECURITY
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered
into on IJ� , 2018, by and between the City of Palm Springs, a California charter city
and municipal corporation ("City"), and Red Hawk Fire & Security , a Fire Suppression System
company, ("Contractor"). City and Contractor are individually referred to as "Party" and are
collectively referred to as the "Parties".
RECITALS
A. City requires the services of a Fire Suppression System Inspection at Palm
Springs City Hall, Palm Springs Police Department, Rudy's General Store and Welwood Murray
Memorial Library, ("Project").
B. Contractor has submitted to City a proposal to provide Fire Suppression System
Inspection, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide FM-200 Fire Suppression System Inspection services to
City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and
incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon
schedule of performance and the schedule of fees. Contractor warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner consistent with
prevailing industry standards. In the event of any inconsistency between the terms contained in
the Scope of Services/Work and the terms set forth in this Agreement, the terns set forth in this
Agreement shall govern.
1.2 Compliance with Law. Contractor services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders, rules, and regulations.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
ORIGINAL BID
720599.1 ' AND/OR AGREEMENT Revised:1/31/18
i
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Contractor shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Contractor. Delays shall not
entitle Contractor to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit"A". The total amount of Compensation shall not exceed $14,574.00.
3.2 Method of Payment. In any month in which Contractor wishes to receive
payment, Contractor shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for
authorized services performed. City shall pay Contractor for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Contractor's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Contractor, if Contractor notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Contractor notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of Thirty Six (36)
( /months), commencing on July 01, 2018, and ending on June 30, 2021, unless extended by
mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Contractor shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Contractor may
terminate this Agreement, with or without cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified services and work: Renee Collins, General
Manager. It is expressly understood that the experience, knowledge, education, capability, and
reputation of the foregoing principal is a substantial inducement for City to enter into this
Agreement. Therefore, the foregoing principal shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to personally
supervise the services under this Agreement. The foregoing principal may not be changed by
Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Contractor shall refer any
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720599.1
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontractin¢ or Assienment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents or employees, perform
the services required, except as otherwise specified. Contractor shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Contractor's work product,
result, and advice. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Contractor by providing written notice to Contractor.
Name: Title:
Renee Collins General Manager
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to
Claims arising from injuries to or death of persons (Contractor's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
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720599A
or local law or ordinance, and from errors and omissions committed by Contractor, its officers,
employees, representatives, and agents, that arise out of or relate to Contractor's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents,
and volunteers. Under no circumstances shall the insurance requirements and limits set forth in
this Agreement be construed to limit Contractor's indemnification obligation or other liability
under this Agreement. Contractor's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7.2 D_esien Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Contractor is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend
(at Contractor's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party"; collectively "Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Contractor's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Contractor shall require all non-design-professional sub-contractors,
used or sub-contracted by Contractor to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-
design-professional sub-contractors used or sub-contracted by Contractor to perform the Services
or Work required under this Agreement, to obtain insurance that is consistent with the Insurance
provisions as set forth in this Agreement, as well as any other insurance that may be required by
Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
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8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement
shall be the property of City. Contractor shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights or ownership of the documents and materials. Contractor may retain copies
of such documents for Contractor's own use. Contractor shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Contractor shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Contractor shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
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720599.1
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Contractor. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 Riehts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.5 Leeal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Emolovees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Contractor or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate
any discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor is
in full compliance with the provisions of Palm Springs Municipal Code Section T09.040,
7 Revised:1131i18
720599.1
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Red Hawk Fire & Security
Attention: Renee Collins
1640 North Batavia Street
Orange, CA 92867
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
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720599.1
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
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720599.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
e
Date: I �I D 7- B y�:
:
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
B By
Edward Z. Kotkin, 6ony M 'i
City Attorney City Clerk
APPROVED BY Cny MANAGER
,AV � ,DU Ila "CONTRACTOR"
,l' . Red Hawk Fire & Security
Date: tf''✓' / - CJ By : z � . C{ l6fz/
Renee Coll' s
General janagpr
Date: ����
rian Willi
Service Manager
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720599.1 1 1 Revised:1131/18
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EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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720599.1
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor's performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty(30) days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials,
officers, agents, employees, and volunteers.
2. Minimum Scoae of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
required
k is not required;
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Contractor's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
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720599 1
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coveraee. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Contractor's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Contractor's
services under this Agreement. Contractor shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better, unless otherwise acceptable to the City.
6. Verification of Coveraee. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Contractor's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract Na" or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
15 Revised:1/31/18
720599.1
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Contractor's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Contractor guarantees payment of all deductibles and self-insured
retentions.
S. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
16 Revised:1131118
720599.1
�� 1640 North Batavia Street
RE D HAWK Orange,CA 92867-3509
Fire&Security Tel:714.685.8100
y Fax:714.685,8150
www.redhawkus.com
July 17, 2017 0-122284
Karen Tollover
Palm Springs City Hall
300 N. El Cielo Road
Palm Springs, CA
92262
Reference: Halon & Tracetek Leak Detection system Inspection
Site: Palm Springs City Hall - Records Vault and Computer Room
Address: 3200 Tahquitz Canyon Way
Dear Karen,
Red Hawk Fire & Security is pleased to present our comprehensive Fire/Life Safety program for the
pirdperty located at the above-referenced address. The scope of work to be performed is as follows:
FM-200 Fire Suppression System
Red Hawk Fire & Security shall inspect the FM-200 system(s) two (2) times during each agreement year
at approximate intervals of six (6) months.
• Includes Two inspections per year
• 24 Hour On call technician
• 4-6 Hour on site response
"' `• Emergency Labor (See Safety Net Below)
Inspection Cost: $761.00/Inspection $1,522.00Near
Contract Information
All proposals are subject to Red Hawk Fire & Security general terms and conditions provided below.
Prices quoted are honored for sixty (60) days from the date on this proposal unless extended in writing.
*As an added benefit for our contract customers, we offer a Safety Net Program. It provides two
emergency service calls for a fire alarm technician (up to three hours each, 24/7) per year for an
additional charge of$690. Without Safety Net, these calls would cost at least$1,080 after 5pm and on
Saturdays or$1,290 on Sundays.
Please make your Safety Net selection below:
., Yes, sign us up for Safety Net" ($690 + inspection pricing)
No Safety Net. Provide us with inspections only.
Thank you for the opportunity to review your needs and offer this proposal. I am confident we will be
able to meet all of your fire protection needs. Please call me at (714) 685-8100 if I can get you any
frfrther information or answer any questions.
Rev 2/2017 rhoc
�J R E D HAWK Ora 1 North Batavia Street
Orange, CA 92867-3509
Fire&Security Tel: 714.685.8100
y Fax:714.685.8150
www.redhawkus.com
24 hour advanced notice (1 business day) is required to cancel/postpone any inspection. Failure to
provide 24 hour notice will result in a separate 3 hour minimum service charge. Please note we must be
notified by Friday at noon, to cancel service scheduled for the upcoming Monday.
Sincerely,
Danielle Fuentes
Account Manager
*Fire Sprinkler services are excluded from Safety Net. Pricing is for afire alarm technician only.
GENERAL TERMS AND CONDITIONS
THE FOLLOWING TER MS AND CONDITIONS WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER FOR THE
SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT("AGREEMENT')AND ANY RELATED EQUIPMENT PROVIDED TO THE
CUSTOMER HEREUNDER.THESE TER MS A ND CONDITIONS A RE INCORPORATED BY REFERENCE INTO ANY PURCHAS E ORDER
ISSUED BY CUSTOMER AS IF EXPRESSLY SET FORTH THEREIN.ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS
CONTAINED IN CUSTOMER'S PURCHASE ORDER OR IN ANY OTHER DOCUMENT SHALL BE DEEMED OBJECTED TO BY SELLER
AND SHALL BE OF NO FORCE OR EFFECT.
THE-PARTIES EXPRESSLY AGREE THAT MONITORING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS
AGREEMENT.
1:TERM AND TERMINATION:This Agreement shall be in effect for one(1)year from the date provided above and shall automatically renew
for additional one(1)year terms unless terminated by either party upon at least sixty(60)days advance written notice but not earlier than 120
days advance written notice prior to the expiration of the original term or of any renewal thereof.If such automatic renewal is not permissible by
law,then this Agreement shall renew for the maximum period allowable by such law.
2.PAYMENT:As a condition of performance,payment of the service fee is to be made upon completion of the.The service fee may increase
annually by five percent(5%)on the anniversary of the commencement of service to reflect increases in material and labor costs.The Customer
will promptly pay invoices within thirty(30)days of invoice date.Should a payment become thirty(30)days or more delinquent,Seller may stop
all service under this Agreement without notice and/or cancel this Agreement,and the entire Agreement amount shall become due and payable
immediately upon demand.A finance charge will be added to past due accounts at the rate of one and one-half percent(1.5%)per month,or at
the highest legal rate,whichever is less.
3..TAXES:The Customer shall be responsible for all taxes applicable to the services provided hereunder.
4 SERVICE HOURS:Seller will perform all work during normal business hours unless expressly stated above.
Service Hours Breakdown:
Service"Non-Union"Technicians:
Regular Business hours Monday through Friday,6 a.m.to 5p.m.
Overtime: Weekdays:5pm-6am,Saturdays:6am-5pm
Double-time:Sundays&Holidays
I
Union Sprinkler Fitters:
Regular Business hours Monday through Friday:5am-3pm.
Overtime: Weekdays:3pm-6am,Saturdays 6am—6pm
Double-time:Monday—Saturday:6pm—6am, .Sundays&Holidays
Any requests for work to be performed outside normal business hours will be billed at Seller rates in effect at the time the work is performed.Any
fire protection systems discovered at the time of inspection or added to the above premises after the date of this Agreement shall be inspected
by Seller and Customer shall pay an additional price commensurate with the usual charges made by Seller and thereafter such systems will be
added to the scope of this Agreement at a mutually agreed upon price.
5,SITE CONDITIONS: Customer shall provide a safe working environment and unencumbered access to all spaces where work is to be
performed by Seller.Customer acknowledges that Seller's service personnel have been instructed not to perform any work in hazardous
locations until working conditions have been made safe,as determined in the service personnel's sole discretion,and it is the responsibility of
the Customer to take any measures necessary to eliminate such hazards before the work may proceed.Customer will be billed for all such time
service personnel are dispatched regardless of whether the services are performed,unless Customer has provided Seller with at least forty-
Rev 2/2017 rhoc
RED HAWK 16 North Batavia Street
Orange,
nge,CA 928673509
Fire&Security Tel: 714.685.8100
Y Fax: 714.685.8150
www.redhawkus.com
eight(48)hours advance notice of cancellation.
6.EQUIPMENT COVERED:Seller will provide Customer with the services described herein for the equipment listed on the Equipment Inventory
List provided herein.Any additions to or deletions from the Equipment Inventory List,and any change in the service price as a result thereof,
must be made in writing and signed by both Seller and Customer.
7.TIME AND MATERIALS SERVICE WORK: In the event that Seller is asked by Customer to perform service work on a time and materials
basis during the term of this Agreement,and such work is outside the scope of work contemplated herein,the Customer understands and
agrees that any such time and materials work will be performed by Seller pursuant to the terms and conditions contained herein at the Seller's
rates in effect at the time the work is performed.
8.WARRANTY:
INSPECTION WARRANTY-Seller makes no warranty,express or implied, in connection with any inspections services provided hereunder.
SERVICES WARRANTY-For any services provided on a time and materials basis,and excluding inspection services,Seller warrants that the
services provided hereunder will be performed in accordance with generally accepted industry standards and practices. In the event that any
services fail to comply with the foregoing standard within ninety(90)days from the date services are completed,Seller will re-perform the non-
complying services at no additional charge.
PRODUCTS/REPLACEMENT PARTS WARRANTY-Any equipment or replacement parts provided by the Seller will be warranted for a period
of ninety(90)days from the date the equipment or replacement parts are installed by Seller. In no event shall Seller have any obligation to make
repairs, replacements or corrections required,in whole or in part,as the result of(i)normal wear and tear, (ii)accident,disaster or other event
pmhd the reasonable control or fault of Seller,(iii)misuse,fault or negligence of or by Customer,(iv)use of the equipment or replacement
parts in a manner for which they were not designed, (v)causes external to the equipment or replacement parts such as,but not limited to,�water
damage,power failure or electrical power surges or(vi)use of the equipment or replacement parts supplied by the Seller in combination with
equipment or software not supplied by the Seller.Any installation,maintenance, repair,service, relocation or alteration to or of,or other
tampering with the equipment or replacement parts performed by any person or entity other than Seller without Seller's prior written approval, or
any use of replacement parts not supplied by Seller,shall immediately void and cancel all warranties with respect to the affected products.
PHYSICAL SECURITY-Notwithstanding the foregoing,and excluding inspection services,equipment and labor provided by Seller on any
physical security equipment specified on the Equipment list attached hereto shall be warranted for a period of one(1)year from the date the
physical security equipment or replacement parts are installed by Seller.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN CONNECTION WITH THE
SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER,AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
-
MANSURANCE:Seller agrees to maintain the following insurance during the term of the Agreement with limits not exceeding the stated
amounts:(a)Comprehensive General Liability insurance covering bodily injury and property damage with a limit of$2,000,000 per occurrence
and$2,000,000 general aggregate, (b)Statutory workers'compensation and employer's liability insurance for a limit of$1,000,000 per
occurrence and(c)Automobile liability covering bodily injury and property damage with a combined single limit of$2,000,000 per occurrence. If
Seller is performing services on Customer's site,Customer will be named as additional insured under the Commercial General Liability policy
only with respect to liability arising out of bodily injury or property damage but only to the extent resulting from the negligent acts or omissions of
Seller or its willful misconduct arising out of the ongoing performance of its obligations under the contract.Seller does not waive its rights to
subrogation or provide copies of its policies,certified or otherwise nor does it provide endorsements.
10.FORCE MAJEURE:Seller shall not be liable for any failure to perform or for any interruption of any service to be performed hereunder,or in
the performance of an obligation hereunder as a result of an event beyond its reasonable control, including,but not limited to,strikes, industrial
disputes,fire,flood,acts of God,war, vandalism, riot, national emergency,acts of terrorism,embargoes or restraints,supplier default,extreme
weather or traffic conditions,order or other act of any governmental agency,and shall not be required to supply any service to the Customer
while interruption of such service due to any such cause shall continue.Service charges shall cease until service is resumed.
Ili.MUTUAL WAIVER OF DAMAGES:NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT,NEITHER PARTY SHALL BE LIABLE
FOR ANY INDIRECT,LIQUIDATED,CONSEQUENTIAL,SPECIAL OR ECONOMIC LOSS,COST LIABILITY, DAMAGE OR EXPENSES
HOWSOEVER ARISING,WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN
PART OR IN WHOLE.
IZ.LIMITATION OF LIABILITY: Notwithstanding anything to the contrary herein and to the extent permitted by law,the aggregate liability of
Seller to the Customer,whether in agreement,tort(including negligence),or otherwise will be limited to one(1)times the agreement value,
provided however the foregoing does not limit the liability of Seller for any injury to, or death of a person,caused by the gross negligence of
Seller.
Rev 2/2017 rhoc
RED HAWK 16 North Batavia Street
Orange,
nge, CA 92867-3509
Fire&Security Tel:714.685.8100
y Fax:714.685.8150
www.redhawkus.com
13. ENVIRONMENTAL:Customer agrees and acknowledges that Customer shall be solely responsible for all costs,expenses,damages,fines,
penalties,claims,and liabilities associated with or incurred in connection with hazardous materials or substances discovered upon,beneath,
about, or inside Customer's equipment or property,and Customer shall be solely responsible for reporting the presence of said hazardous
materials or substances to the proper governmental authorities.Customer further agrees and acknowledges that title to, ownership of,and legal
responsibility and liability for any and all such hazardous materials and substances at all times shall remain with Customer and that Customer
shall be solely responsible for the removal,handling,and disposal of all hazardous materials in accordance with all applicable governmental
regulations.
14.COMMERCIAL ITEMS:Seller agrees only to perform a contract for the sale of a commercial item on a fixed-price or time and material basis.
The components,equipment and services proposed by Seller are commercial items as defined by the Federal Acquisition Regulations("FAR")
Part2, and the prices in any resulting contract and in any change proposal are based on Seller's standard commercial accounting policies and
practices,which do not consider, and will not meet,any special requirements of U.S.Government cost principles and procedures under FAR or
similar procurement regulations.
15.GENERAL: (a)This Agreement and the Scope of Work constitutes the entire Agreement between Customer and Seller and supersedes all
prior written and oral agreements in relation to the work contemplated under this Agreement.(b)No amendments,modifications, or supplements
to this Agreement shall be binding unless in writing and signed by both parties. (c)This Agreement shall not be in effect or binding upon Seller
until signed by its duly authorized representative(s).Customer may not assign its rights or delegate its duties hereunder without the specific,
written consent of Seller.
16.GOVERNING LAW:This Agreement shall be interpreted in and governed by the laws of the State in which the work is to be performed
including all matters of construction,validity, performance and enforcement.This Agreement may be executed in multiple counterparts,each of
which shall be deemed an original and of equal force and effect.
17.COSTS AND ATTORNEYS'FEES:In the event that it shall become necessary for Seller to employ a collection agency or attorney to collect
6hpaid charges or any other sums Customer may owe hereunder,Customer shall be liable to Seller for Seller's reasonable and necessary costs
of collection and attomeys'fees incurred in such collection activities. In the event of any other legal proceeding related to this Agreement,the
prevailing party in such proceeding shall be entitled to recover its costs and reasonable attorneys'fees from the other party.
18.SEVERABILITY: If any term,covenant,condition or provision of this Agreement,or the application thereof to any circumstance, shall,at any
time or to any extent, be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable,the remainder of this
Agreement,or the application thereof to circumstances other than those as to which it is held invalid or unenforceable,shall not be affected
thereby and each term,condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19.SUBCONTRACTING: Seller shall have the right to subcontract, in whole or in part, any services which Seller may perform. Customer
acknowledges that this contract and particularly those paragraphs relating to Seller's limited liability inure to the benefit of,and are applicable to,
any assignees and/or subcontractors with the same force and effect as they bind customer to Seller.
�0.NOTICES:All notices under this Agreement shall be in writing,signed,dated and sent by overnight courier or registered or certified U.S.
mail,postage prepaid, return receipt requested,to the parties at the addresses shown below.All changes of address must be in writing and
delivered as provided in this Section. Notices are deemed given when deposited,as described above,with the U.S. mail or in the overnight
receptacle.
Any such notice, if sent by the Customer to the Seller,shall be addressed as follows:
Attn: Service Contracts
Red Hawk Fire&Security
1640 North Batavia Street
Orange,CA 92867
And if sent by the Seller to the Customer,shall be addressed as follows:
Attn:
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN.AGREEMENT
VALID UPON SIGNATURE OF RED HAWK MANAGER.
Rev 2/2017 rhoc
640
`tJRED HAWK 1Orallorth Batavia Street
Orange,CA 92867-3509
714.685.8100
Fire&Security Faxl:714.685.8150
www.redhawkus.com
Red Hawk Fire&Security
Proposed By: Danielle Fuentes Accepted By:
Proposal Number:
5119/17
Danielle Fuentes Date Customer Signature Date
Account Manager
Accepted By:
Renee Collins Date
General Manager, Red Hawk Fire& Security
Rev 2/2017 rhoc
`� 1640 North Batavia Street
`'.� R E D HAWK Orange, CA 92867-3509
714.685.8100
Fire&Security Fax:714.685.8150
www.redhawkus.com
January 18, 2018 0-161606
Karen Tollover
Welwood Murray Memorial Library
100 S. Palm Canyon Drive
Palm Springs, CA
92262
Reference: Inergen System Inspection
Site: Welwood Murray Memorial Library
Address: 100 S. Palm Canyon Drive
Dear Karen,
Red Hawk Fire & Security is pleased to present our comprehensive Fire/Life Safety program for the
Property located at the above-referenced address. The scope of work to be performed is as follows:
FM-200 Fire Suppression System
Red Hawk Fire & Security shall inspect the Inergen system(s) two (2) times during each agreement year
at approximate intervals of six (6) months.
Includes Two inspections per year
24 Hour On call technician
• 4-6 Hour on site response
• Emergency Labor(See Safety Net Below)
lips'pection Cost: $540.00/Inspection $1,080.00/Year
Contract Information
All proposals are subject to Red Hawk Fire & Security general terms and conditions provided below.
Prices quoted are honored for sixty (60) days from the date on this proposal unless extended in writing.
*As an added benefit for our contract customers, we offer a Safety Net Program. It provides two
emergency service calls for a fire alarm technician (up to three hours each, 24/7) per year for an
additional charge of$725.00. Without Safety Net, these calls would cost at least $1,080 after 5pm and
on Saturdays or$1,290 on Sundays.
Please make your Safety Net selection below:
Yes, sign us up for Safety Net* ($725.00 + inspection pricing)
No Safety Net. Provide us with inspections only.
Thank you for the opportunity to review your needs and offer this proposal. I am confident we will be
able to meet all of your fire protection needs. Please call me at (714) 685-8100 if I can get you any
further information or answer any questions.
Revv 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 9200
l 685.81
Fire&Security Fax:
:714.685.8150
www.redhawkus.com
24 hour advanced notice (1 business day) is required to cancel/postpone any inspection. Failure to
provide 24 hour notice will result in a separate 3 hour minimum service charge. Please note we must be
notified by riday at noon, to cancel service scheduled for the upcoming Monday.
Sincerely,
Danielle Fuentes
Account Manager
*Fire Sprinkler services are excluded from Safety Net. Pricing is for afire alarm technician only.
GENERAL TERMS AND CONDITIONS
THE.FOLLOWING TER MS AND CONDITIONS WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER FOR THE
SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT("AGREEMENT')AND ANY RELATED EQUIPMENT PROVIDED TO THE
CUSTOMER HEREUNDER.THESE TER MS A NO CONDITIONS A RE INCORPORATED BY REFERENCE INTO ANY PURCHAS E ORDER
ISSUED BY CUSTOMER AS IF EXPRESSLY SET FORTH THEREIN.ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS
CONTAINED IN CUSTOMER'S PURCHASE ORDER OR IN ANY OTHER DOCUMENT SHALL BE DEEMED OBJECTED TO BY SELLER
AND SHALL BE OF NO FORCE OR EFFECT.
THE PARTIES EXPRESSLY AGREE THAT MONITORING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS
AGREEMENT.
1:'TERM AND TERMINATION:This Agreement shall be in effect for one(1)year from the date provided above and shall automatically renew
for additional one(1)year terms unless terminated by either party upon at least sixty(60)days advance written notice but not earlier than 120
days advance written notice prior to the expiration of the original term or of any renewal thereof. If such automatic renewal is not permissible by
law,then this Agreement shall renew for the maximum period allowable by such law.
2.PAYMENT:As a condition of performance,payment of the service fee is to be made upon completion of the.The service fee may increase
annually by five percent(5%)on the anniversary of the commencement of service to reflect increases in material and labor costs.The Customer
will promptly pay invoices within thirty(30)days of invoice date. Should a payment become thirty(30)days or more delinquent,Seller may stop
all;service under this Agreement without notice and/or cancel this Agreement,and the entire Agreement amount shall become due and payable
immediately upon demand.A finance charge will be added to past due accounts at the rate of one and one-half percent(1.5%)per month,or at
ft a highest legal rate,whichever is less.
3::TAXES:The Customer shall be responsible for all taxes applicable to the services provided hereunder.
4,SERVICE HOURS:Seller will perform all work during normal business hours unless expressly stated above.
Service Hours Breakdown:
Service"Non-Union"Technicians:
Regular Business hours Monday through Friday,6 a.m.to 5p.m.
Overtime: Weekdays:5pm-6am,Saturdays:6am-5pm
Double-time:Sundays&Holidays
lion Sprinkler Fitters:
Regular Business hours Monday through Friday:5am-3pm.
yertitne: Weekdays:3pm-6am,Saturdays 6am—6pm
ouble-time: Monday—Saturday:6pm—6am, .Sundays&Holidays
Anyrequests for work to be performed outside normal business hours will be billed at Seller rates in effect at the time the work is performed.Any
fireprotection systems discovered at the time of inspection or added to the above premises after the date of this Agreement shall be inspected
by Seller and Customer shall pay an additional price commensurate with the usual charges made by Seller and thereafter such systems will be
added to the scope of this Agreement at a mutually agreed upon price.
5:SITE CONDITIONS:Customer shall provide a safe working environment and unencumbered access to all spaces where work is to be
performed by Seller. Customer acknowledges that Seller's service personnel have been instructed not to perform any work in hazardous
locations until working conditions have been made safe,as determined in the service personnel's sole discretion,and it is the responsibility of
the Customer to take any measures necessary to eliminate such hazards before the work may proceed. Customer will be billed for all such time
service personnel are dispatched regardless of whether the services are performed, unless Customer has provided Seller with at least forty-
Rev 2/2017 rhoc
z
RED HAWK 16 North Batavia Street
Orange,
nge, CA 92867-3509
Fire&Security Tel:714.685.8100
y Fax:714.685.8150
www.redhawkus.com
eight(48)hours advance notice of cancellation.
6.EQUIPMENT COVERED:Seller will provide Customer with the services described herein for the equipment listed on the Equipment Inventory
List provided herein.Any additions to or deletions from the Equipment Inventory List,and any change in the service price as a result thereof,
must be made in writing and signed by both Seller and Customer.
7.TIME AND MATERIALS SERVICE WORK: In the event that Seller is asked by Customer to perform service work on a time and materials
basis during the term of this Agreement,and such work is outside the scope of work contemplated herein, the Customer understands and
agrees that any such time and materials work will be performed by Seller pursuant to the terms and conditions contained herein at the Seller's
rates in effect at the time the work is performed.
8.WARRANTY:
INSPECTION WARRANTY-Seller makes no warranty,express or implied,in connection with any inspections services provided hereunder.
SERVICES WARRANTY-For any services provided on a time and materials basis,and excluding inspection services,Seller warrants that the
services provided hereunder will be performed in accordance with generally accepted industry standards and practices. In the event that any
services fail to comply with the foregoing standard within ninety(90)days from the date services are completed, Seller will re-perform the non-
gomplying services at no additional charge.
PRODUCTS/REPLACEMENT PARTS WARRANTY-Any equipment or replacement parts provided by the Seller will be warranted for a period
of ninety(90)days from the date the equipment or replacement parts are installed by Seller.In no event shall Seller have any obligation to make
repairs, replacements or corrections required,in whole or in part,as the result of(i)normal wear and tear, (ii)accident,disaster or other event
beyond the reasonable control or fault of Seller,(iii)misuse,fault or negligence of or by Customer, (iv)use of the equipment or replacement
parts in a manner for which they were not designed,(v)causes external to the equipment or replacement parts such as, but not limited to,water
damage,power failure or electrical power surges or(vi)use of the equipment or replacement parts supplied by the Seller in combination with
equipment or software not supplied by the Seller.Any installation,maintenance,repair,service, relocation or alteration to or of,or other
tampering with the equipment or replacement parts performed by any person or entity other than Seller without Seller's prior written approval,or
any use of replacement parts not supplied by Seller,shall immediately void and cancel all warranties with respect to the affected products.
PHYSICAL SECURITY Notwithstanding the foregoing,and excluding inspection services,equipment and labor provided by Seller on any
physical security equipment specified on the Equipment list attached hereto shall be warranted for a period of one(1)year from the date the
physical security equipment or replacement parts are installed by Seller.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN CONNECTION WITH THE
SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER,AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
O'JINSURANCE:Seller agrees to maintain the following insurance during the term of the Agreement with limits not exceeding the stated`-''`
amounts: (a)Comprehensive General Liability insurance covering bodily injury and property damage with a limit of$2,000,000 per occurrence
and$2,000,000 general aggregate,(b)Statutory workers'compensation and employer's liability insurance for a limit of$1,000,000 per
occurrence and(c)Automobile liability covering bodily injury and property damage with a combined single limit of$2,000,000 per occurrence. If
Seller is performing services on Customer's site,Customer will be named as additional insured under the Commercial General Liability policy
only with respect to liability arising out of bodily injury or property damage but only to the extent resulting from the negligent acts or omissions of
Seller or its willful misconduct arising out of the ongoing performance of its obligations under the contract.Seller does not waive its rights to
subrogation or provide copies of its policies,certified or otherwise nor does it provide endorsements.
10.FORCE MAJEURE:Seller shall not be liable for any failure to perform or for any interruption of any service to be performed hereunder,or in
the performance of an obligation hereunder as a result of an event beyond its reasonable control, including, but not limited to,strikes, industrial
disputes,fire,flood,acts of God,war,vandalism, riot, national emergency,acts of terrorism,embargoes or restraints,supplier default,extreme
Weather or traffic conditions,order or other act of any governmental agency,and shall not be required to supply any service to the Customer
while interruption of such service due to any such cause shall continue.Service charges shall cease until service is resumed.
r
4.MUTUAL WAIVER OF DAMAGES: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT,NEITHER PARTY SHALL BE LIABLE
FOR ANY INDIRECT,LIQUIDATED,CONSEQUENTIAL,SPECIAL OR ECONOMIC LOSS,COST LIABILITY, DAMAGE OR EXPENSES
HOWSOEVER ARISING,WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN
PART OR IN WHOLE.
12:'LIMITATION OF LIABILITY:Notwithstanding anything to the contrary herein and to the extent permitted by law,the aggregate liability of
Seller to the Customer,whether in agreement,tort(including negligence),or otherwise will be limited to one(1)times the agreement value,
provided however the foregoing does not limit the liability of Seller for any injury to,or death of a person,caused by the gross negligence of
Seller.
Rev,2/2017 rhoc
RED HAWK 1 Ora North Batavia Street
Orange,CA 92867-3509
Fire&Security Tel:714.685.8100
y Fax:714,685,8150
www.redhawkus.com
13.ENVIRONMENTAL:Customer agrees and acknowledges that Customer shall be solely responsible for all costs,expenses,damages,fines,
penalties,claims,and liabilities associated with or incurred in connection with hazardous materials or substances discovered upon, beneath,
about,or inside Customer's equipment or property,and Customer shall be solely responsible for reporting the presence of said hazardous
materials or substances to the proper governmental authorities.Customer further agrees and acknowledges that title to,ownership of,and legal
responsibility and liability for any and all such hazardous materials and substances at all times shall remain with Customer and that Customer
shall be solely responsible for the removal, handling,and disposal of all hazardous materials in accordance with all applicable governmental
regulations.
14.COMMERCIAL ITEMS:Seller agrees only to perform a contract for the sale of a commercial item on a fixed-price or time and material basis.
The components,equipment and services proposed by Seller are commercial items as defined by the Federal Acquisition Regulations("FAR")
Pan:2,and the prices in any resulting contract and in any change proposal are based on Seller's standard commercial accounting policies and
practices,which do not consider, and will not meet,any special requirements of U.S.Government cost principles and procedures under FAR or
similar procurement regulations.
15.GENERAL: (a)This Agreement and the Scope of Work constitutes the entire Agreement between Customer and Seller and supersedes all
prior written and oral agreements in relation to the work contemplated under this Agreement.(b)No amendments,modifications,or supplements
to this Agreement shall be binding unless in writing and signed by both parties.(c)This Agreement shall not be in effect or binding upon Seller
until signed by its duly authorized representative(s).Customer may not assign its rights or delegate its duties hereunder without the specific,
written consent of Seller.
16.GOVERNING LAW:This Agreement shall be interpreted in and governed by the laws of the State in which the work is to be performed
including all matters of construction,validity,performance and enforcement.This Agreement may be executed in multiple counterparts,each of
which shall be deemed an original and of equal force and effect.
17.COSTS AND ATTORNEYS'FEES:In the event that it shall become necessary for Seller to employ a collection agency or attorney to collect
4-Apaid charges or any other sums Customer may owe hereunder,Customer shall be liable to Seller for Seller's reasonable and necessary costs
of collection and attorneys'fees incurred in such collection activities. In the event of any other legal proceeding related to this Agreement,the
prevailing party in such proceeding shall be entitled to recover its costs and reasonable attorneys'fees from the other party.
18.SEVERABILITY: If any term,covenant,condition or provision of this Agreement, or the application thereof to any circumstance,shall,at any
time.or to any extent,be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable,the remainder of this
Agreement,or the application thereof to circumstances other than those as to which it is held invalid or unenforceable,shall not be affected
thereby and each term,condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19.SUBCONTRACTING:Seller shall have the right to subcontract, in whole or in part,any services which Seller may perform.Customer
acknowledges that this contract and particularly those paragraphs relating to Seller's limited liability inure to the benefit of,and are applicable to,
any assignees and/or subcontractors with the same force and effect as they bind customer to Seller.
20.NOTICES:All notices under this Agreement shall be in writing,signed,dated and sent by overnight courier or registered or certified U.S.
mail,postage prepaid,return receipt requested,to the parties at the addresses shown below.All changes of address must be in writing and
delivered as provided in this Section. Notices are deemed given when deposited,as described above,with the U.S.mail or in the overnight
receptacle.
Any such notice,if sent by the Customer to the Seller,shall be addressed as follows:
Attn: Service Contracts
Red Hawk Fire&Security
1640 North Batavia Street
Orange,CA 92867
And if sent by the Seller to the Customer,shall be addressed as follows:
Attn:
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN.AGREEMENT
VALID UPON SIGNATURE OF RED HAWK MANAGER.
Rev 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 926873500
09
Fire&SecurityTel:714. 85.81
Fax:714.685.8150
www.redhawkus.com
Red Hawk Fire&Security
Proposed By: Danielle Fuentes Accepted By:
Proposal Number:
1/18/18
Danielle Fuentes Date Customer Signature Date
Account Manager
Accepted By:
Renee Collins Date
General Manager, Red Hawk Fire& Security
Rev 2/2017 rhoc
`�� tJ �' 11,� 1� 1640 North Batavia Street
`� R E D HAWK V/\ ` Orange,CA 92867-3509
Fire&Security Tel: 714.685.8100
Y Fax:714.685.8150
www.redhawkus.com
April 19, 2018 0-161608
Karen Tollover
Welwood Murray Memorial Library
100 S. Palm Canyon Drive
Palm Springs, CA
92262
Reference: Inergen System Inspection
Site: Ruddy's General Store
Address: 221 S. Palm Canyon Drive
Dear Karen,
Red Hawk Fire & Security is pleased to present our comprehensive Fire/Life Safety program for the
property located at the above-referenced address. The scope of work to be performed is as follows:
FM-200 Fire Suppression System
Red Hawk Fire & Security shall inspect the Inergen system(s) two (2) times during each agreement year
at approximate intervals of six (6) months.
• Includes Two inspections per year
24 Hour On call technician
• 4-6 Hour on site response
• Emergency Labor (See Safety Net Below)
Inspection Cost: $540.00/Inspection $1,080.00/Year
Contract Information
All proposals are subject to Red Hawk Fire & Security general terms and conditions provided below.
Prices quoted are honored for sixty (60) days from the date on this proposal unless extended in writing.
"As an added benefit for our contract customers, we offer a Safety Net Program. It provides two
emergency service calls for a fire alarm technician (up to three hours each, 24/7) per year for an
additional charge of$725.00. Without Safety Net, these calls would cost at least$1,080 after 5pm and
on Saturdays or$1,290 on Sundays.
Please make your Safety Net selection below:
Yes, sign us up for Safety Net* ($725.00 + inspection pricing)
No Safety Net. Provide us with inspections only.
Thank you for the opportunity to review your needs and offer this proposal. I am confident we will be
able to meet all of your fire protection needs. Please call me at (714) 685-8100 if I can get you any
further information or answer any questions.
Rev 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 92867-3509
Tel:714.685.8100
Fire&Security Fax:714.685.8150
www.redhawkus.com
24 hour advanced notice (1 business day) is required to cancel/postpone any inspection. Failure to
provide 24 hour notice will result in a separate 3 hour minimum service charge. Please note we must be
notified by Friday at noon, to cancel service scheduled for the upcoming Monday.
Sincerely,
Danielle Fuentes
Account Manager
*Fire Sprinkler services are excluded from Safety Net. Pricing is for afire alarm lechnician only.
GENERAL TERMS AND CONDITIONS
THE FOLLOWING TER MS AND CONDITIONS WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER FOR THE
SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT("AGREEMENT')AND ANY RELATED EQUIPMENT PROVIDED TO THE —
CUSTOMER HEREUNDER.THESE TER MS A ND CONDITIONS A RE INCORPORATED BY REFERENCE INTO ANY PURCHAS E ORDER
ISSUED BY CUSTOMER AS IF EXPRESSLY SET FORTH THEREIN.ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS
CONTAINED IN CUSTOMER'S PURCHASE ORDER OR IN ANY OTHER DOCUMENT SHALL BE DEEMED OBJECTED TO BY SELLER
AND SHALL BE OF NO FORCE OR EFFECT.
THE PARTIES EXPRESSLY AGREE THAT MONITORING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS
AGREEMENT.
1:TERM AND TERMINATION:This Agreement shall be in effect for one(1)year from the date provided above and shall automatically renew
for additional one(1)year terms unless terminated by either party upon at least sixty(60)days advance written notice but not earlier than 120
days advance written notice prior to the expiration of the original term or of any renewal thereof.If such automatic renewal is not permissible by
law,then this Agreement shall renew for the maximum period allowable by such law.
2.PAYMENT:As a condition of performance,payment of the service fee is to be made upon completion of the.The service fee may increase
annually by five percent(5%)on the anniversary of the commencement of service to reflect increases in material and labor costs.The Customer
will promptly pay invoices within thirty(30)days of invoice date.Should a payment become thirty(30)days or more delinquent,Seller may stop
all;service under this Agreement without notice and/or cancel this Agreement,and the entire Agreement amount shall become due and payable
immediately upon demand.A finance charge will be added to past due accounts at the rate of one and one-half percent(1.5%)per month,,or at
thQ highest legal rate,whichever is less.
3 .TAXES:The Customer shall be responsible for all taxes applicable to the services provided hereunder.
dt'SERVICE HOURS:Seller will perform all work during normal business hours unless expressly stated above.
Service Hours Breakdown:
Service"Non-Union"Technicians:
Regular Business hours Monday through Friday,6 a.m.to 5p.m.
Overtime: Weekdays:5pm-6am,Saturdays:Gam-5pm
Double-time:Sundays&Holidays
(Union Sprinkler Fitters:
Regular Business hours Monday through Friday:5am-3pm.
Quertime: Weekdays:3pm-6am,Saturdays 6am—6pm
Double-time:Monday—Saturday:6pm—6am, .Sundays&Holidays
Any requests for work to be performed outside normal business hours will be billed at Seller rates in effect at the time the work is performed.Any
fire protection systems discovered at the time of inspection or added to the above premises after the date of this Agreement shall be inspected
by Seller and Customer shall pay an additional price commensurate with the usual charges made by Seller and thereafter such systems will be
Added to the scope of this Agreement at a mutually agreed upon price.
5.SITE CONDITIONS:Customer shall provide a safe working environment and unencumbered access to all spaces where work is to be
performed by Seller.Customer acknowledges that Seller's service personnel have been instructed not to perform any work in hazardous
locations until working conditions have been made safe,as determined in the service personnel's sole discretion, and it is the responsibility of
the Customer to take any measures necessary to eliminate such hazards before the work may proceed.Customer will be billed for all such time
service personnel are dispatched regardless of whether the services are performed, unless Customer has provided Seller with at least forty-
Rev 2/2017 rhoc
RED HAWK 1640 North Batavia Street
Orange, CA 92867-3509
Fire&Security Fax:714.685.8150
www.redhawkus.com
eight(48)hours advance notice of cancellation.
6.EQUIPMENT COVERED:Seller will provide Customer with the services described herein for the equipment listed on the Equipment Inventory
List provided herein.Any additions to or deletions from the Equipment Inventory List,and any change in the service price as a result thereof,
must be made in writing and signed by both Seller and Customer.
7.TIME AND MATERIALS SERVICE WORK: In the event that Seller is asked by Customer to perform service work on a time and materials
basis during the term of this Agreement,and such work is outside the scope of work contemplated herein,the Customer understands and
agrees that any such time and materials work will be performed by Seller pursuant to the terms and conditions contained herein at the Seller's
rates in effect at the time the work is performed.
8.WARRANTY:
INSPECTION WARRANTY-Seller makes no warranty,express or implied,in connection with any inspections services provided hereunder.
SERVICES WARRANTY-For any services provided on a time and materials basis,and excluding inspection services,Seller warrants that the
services provided hereunder will be performed in accordance with generally accepted industry standards and practices. In the event that any
services fail to comply with the foregoing standard within ninety(90)days from the date services are completed,Seller will re-perform the non-
complying services at no additional charge.
PRODUCTS/REPLACEMENT PARTS WARRANTY-Any equipment or replacement parts provided by the Seller will be warranted for a period
of ninety(90)days from the date the equipment or replacement parts are installed by Seller. In no event shall Seller have any obligation to make
repairs, replacements or corrections required, in whole or in part,as the result of(i)normal wear and tear,(ii)accident,disaster or other event
beyond the reasonable control or fault of Seller,(iii)misuse,fault or negligence of or by Customer,(iv)use of the equipment or replacement
parts in a manner for which they were not designed,(v)causes external to the equipment or replacement parts such as, but not limited to,water
damage, power failure or electrical power surges or(vi)use of the equipment or replacement parts supplied by the Seller in combination with
equipment or software not supplied by the Seller.Any installation, maintenance, repair,service, relocation or alteration to or of, or other
tampering with the equipment or replacement parts performed by any person or entity other than Seller without Seller's prior written approval, or
any use of replacement parts not supplied by Seller, shall immediately void and cancel all warranties with respect to the affected products.
PHYSICAL SECURITY-Notwithstanding the foregoing,and excluding inspection services,equipment and labor provided by Seller on any
physical security equipment specified on the Equipment list attached hereto shall be warranted for a period of one(1)year from the date the
physical security equipment or replacement parts are installed by Seller.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN CONNECTION WITH THE
SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER,AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
r,
9''tiSURANCE: Seller agrees to maintain the following insurance during the term of the Agreement with limits not exceeding the stated''
amounts:(a)Comprehensive General Liability insurance covering bodily injury and property damage with a limit of$2,000,000 per occurrence
and$2,000.000 general aggregate, (b)Statutory workers'compensation and employer's liability insurance for a limit of$1,000.000 per
occurrence and(c)Automobile liability covering bodily injury and property damage with a combined single limit of$2,000,000 per occurrence. If
Seller is performing services on Customer's site,Customer will be named as additional insured under the Commercial General Liability policy
only with respect to liability arising out of bodily injury or property damage but only to the extent resulting from the negligent acts or omissions of
Seller or its willful misconduct arising out of the ongoing performance of its obligations under the contract.Seller does not waive its rights to
subrogation or provide copies of its policies,certified or otherwise nor does it provide endorsements.
10.FORCE MAJEURE:Seller shall not be liable for any failure to perform or for any interruption of any service to be performed hereunder, or in
the performance of an obligation hereunder as a result of an event beyond its reasonable control, including,but not limited to,strikes, industrial
disputes,fire,flood,acts of God,war,vandalism, riot, national emergency, acts of terrorism,embargoes or restraints,supplier default,extreme
Weather or traffic conditions,order or other act of any governmental agency,and shall not be required to supply any service to the Customer
while interruption of such service due to any such cause shall continue.Service charges shall cease until service is resumed.
i
11.MUTUAL WAIVER OF DAMAGES: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE
FOR ANY INDIRECT, LIQUIDATED,CONSEQUENTIAL,SPECIAL OR ECONOMIC LOSS,COST LIABILITY, DAMAGE OR EXPENSES
HOWSOEVER ARISING,WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN
PART OR IN WHOLE.
12 LIMITATION OF LIABILITY: Notwithstanding anything to the contrary herein and to the extent permitted by law,the aggregate liability of
Seller to the Customer,whether in agreement,tort(including negligence),or otherwise will be limited to one(1)times the agreement value,
provided however the foregoing does not limit the liability of Seller for any injury to,or death of a person,caused by the gross negligence of
Seller.
Rev 2/2017 rhoc
RED HAWK 1 Ora North Batavia Street
Orange, CA 92867-3500
09
Fire&SecurityTel:714.685.81
Fax:714.685.8150
www.redhawkus.com
13. ENVIRONMENTAL:Customer agrees and acknowledges that Customer shall be solely responsible for all costs,expenses,damages,fines,
penalties,claims,and liabilities associated with or incurred in connection with hazardous materials or substances discovered upon,beneath,
about, or inside Customer's equipment or property,and Customer shall be solely responsible for reporting the presence of said hazardous
materials or substances to the proper governmental authorities.Customer further agrees and acknowledges that title to,ownership of,and legal
responsibility and liability for any and all such hazardous materials and substances at all times shall remain with Customer and that Customer
shall be solely responsible for the removal, handling,and disposal of all hazardous materials in accordance with all applicable governmental
regulations.
14.COMMERCIAL ITEMS:Seller agrees only to perform a contract for the sale of a commercial item on a fixed-price or time and material basis.
The components,equipment and services proposed by Seller are commercial items as defined by the Federal Acquisition Regulations("FAR")
Part,2, and the prices in any resulting contract and in any change proposal are based on Seller's standard commercial accounting policies and
practices,which do not consider,and will not meet,any special requirements of U.S.Government cost principles and procedures under FAR or
similar procurement regulations.
15.GENERAL:(a)This Agreement and the Scope of Work constitutes the entire Agreement between Customer and Seller and supersedes all
prior written and oral agreements in relation to the work contemplated under this Agreement.(b) No amendments, modifications, or supplements
to this Agreement shall be binding unless in writing and signed by both parties.(c)This Agreement shall not be in effect or binding upon Seller
until signed by its duly authorized representative(s).Customer may not assign its rights or delegate its duties hereunder without the specific,
written consent of Seller.
16.GOVERNING LAW:This Agreement shall be interpreted in and governed by the laws of the State in which the work is to be performed
ihcluding all matters of construction,validity, performance and enforcement.This Agreement may be executed in multiple counterparts,each of
which shall be deemed an original and of equal force and effect.
17.COSTS AND ATTORNEYS'FEES:In the event that it shall become necessary for Seller to employ a collection agency or attorney to collect
0npaid charges or any other sums Customer may owe hereunder.Customer shall be liable to Seller for Seller's reasonable and necessary costs
of collection and attorneys'fees incurred in such collection activities. In the event of any other legal proceeding related to this Agreement,the
prevailing party in such proceeding shall be entitled to recover its costs and reasonable attorneys'fees from the other party.
18.SEVERABILITY: If any term,covenant,condition or provision of this Agreement,or the application thereof to any circumstance,shall,at any
time,or to any extent,be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable,the remainder of this
Agreement,or the application thereof to circumstances other than those as to which it is held invalid or unenforceable,shall not be affected
thereby and each term,condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19.SUBCONTRACTING:Seller shall have the right to subcontract,in whole or in part,any services which Seller may perform. Customer
acknowledges that this contract and particularly those paragraphs relating to Seller's limited liability inure to the benefit of,and are applicable to,
any assignees and/or subcontractors with the same force and effect as they bind customer to Seller.
20,, NOTICES:All notices under this Agreement shall be in writing,signed,dated and sent by overnight courier or registered or certified U.S.
mail,postage prepaid, return receipt requested,to the parties at the addresses shown below.All changes of address must be in writing and
delivered as provided in this Section. Notices are deemed given when deposited,as described above,with the U.S. mail or in the overnight
receptacle.
Any such notice, if sent by the Customer to the Seller,shall be addressed as follows:
Attn: Service Contracts
Red Hawk Fire&Security
1640 North Batavia Street
Orange,CA 92867
And if sent by the Seller to the Customer,shall be addressed as follows:
Attn:
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN.AGREEMENT
VALID UPON SIGNATURE OF RED HAWK MANAGER.
Rev 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 92867-3509
Fire&SecurityTel:714.685.81
Fax:714.685.8150
0
www.redhawkus.com
Red Hawk Fire&Security
Proposed By: Danielle Fuentes Accepted By:
Proposal Number:
4119/18
Danielle Fuentes Date Customer Signature Date
Account Manager
Accepted By:
Renee Collins Date
General Manager, Red Hawk Fire&Security
Rev 2/2017 rhoc
�T" RED HAWK Ora 1 North Batavia Street
Orange, CA 92867-3509
Fire&Security Tel: 714.685.8100
Y Fax:714.685.8150
www.redhawkus.com
July 17, 2017 0-122282
Karen Tollover
Palm Springs Police Department
300 N. El Cielo Road
Palm Springs, CA
92262
Reference: Halon System Inspection
Site: Palm Springs Police Department
Address: 200 South Civic Drive
Dear Karen,
Red Hawk Fire & Security is pleased to present our comprehensive Fire/Life Safety program for the
property located at the above-referenced address. The scope of work to be performed is as follows:
FM-200 Fire Suppression System
Red Hawk Fire & Security shall inspect the FM-200 system(s) two (2) times during each agreement year
at approximate intervals of six (6) months.
• Includes Two inspections per year
• 24 Hour On call technician
• 4-6 Hour on site response
• Emergency Labor(See Safety Net Below)
Inspection Cost: $588.00/Inspection $1,176.00/Year
Contract Information
All proposals are subject to Red Hawk Fire & Security general terms and conditions provided below.
Prices quoted are honored for sixty(60) days from the date on this proposal unless extended in writing.
"As an added benefit for our contract customers, we offer a Safety Net Program. It provides two
emergency service calls for a fire alarm technician (up to three hours each, 24/7) per year for an
additional charge of$690. Without Safety Net, these calls would cost at least $1,080 after 5pm and on
Saturdays or$1,290 on Sundays.
Please make your Safety Net selection below:
Yes, sign us up for Safety Net" ($690 + inspection pricing)
No Safety Net. Provide us with inspections only.
Thank you for the opportunity to review your needs and offer this proposal. I am confident we will be
able to meet all of your fire protection needs. Please call me at (714) 685-8100 if I can get you any
further information or answer any questions.
Rev 2/2017 rhoc
1640 North Batavia Street
� RED HAWK Orange, CA 92867-3509
Tel: 714.685.8100
Fire&Security Fax:714.685.8150
www.redhawkus.com
24 hour advanced notice (1 business day) is required to cancel/postpone any inspection. Failure to
provide 24 hour notice will result in a separate 3 hour minimum service charge. Please note we must be
notified by Friday at noon, to cancel service scheduled for the upcoming Monday.
Sincerely,
Danielle Fuentes
Account Manager
*Fire Sprinkler services are excluded from Safety Net. Pricing is for afire alarm technician only.
THE FOLLOWING TER MS AND CONDITIONS WILL GOVERN ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER FOR THE
SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT("AGREEMENT")AND ANY RELATED EQUIPMENT PROVIDED TO THE
CUSTOMER HEREUNDER.THESE TER MS A ND CONDITIONS A RE INCORPORATED BY REFERENCE INTO ANY PURCHAS E ORDER
ISSUED BY CUSTOMER AS IF EXPRESSLY SET FORTH THEREIN.ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS
CONTAINED IN CUSTOMER'S PURCHASE ORDER OR IN ANY OTHER DOCUMENT SHALL BE DEEMED OBJECTED TO BY SELLER
AND SHALL BE OF NO FORCE OR EFFECT.
THE PARTIES EXPRESSLY AGREE THAT MONITORING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS
AGREEMENT.
1.TERM AND TERMINATION:This Agreement shall be in effect for one(1)year from the date provided above and shall automatically renew
for additional one(1)year terms unless terminated by either party upon at least sixty(60)days advance written notice but not earlier than 120
days advance written notice prior to the expiration of the original term or of any renewal thereof. If such automatic renewal is not permissible by
law,then this Agreement shall renew for the maximum period allowable by such law.
2.PAYMENT:As a condition of performance,payment of the service fee is to be made upon completion of the.The service fee may increase
annually by five percent(5%)on the anniversary of the commencement of service to reflect increases in material and labor costs.The Customer
will promptly pay invoices within thirty(30)days of invoice date.Should a payment become thirty(30)days or more delinquent,Seller may stop
all service under this Agreement without notice and/or cancel this Agreement,and the entire Agreement amount shall become due and payable
immediately upon demand.A finance charge will be added to past due accounts at the rate of one and one-half percent(1.5%)per month,or at
the highest legal rate,whichever is less.
3.TAXES:The Customer shall be responsible for all taxes applicable to the services provided hereunder.
4.SERVICE HOURS:Seller will perform all work during normal business hours unless expressly stated above.
Service Hours Breakdown:
Service"Non-Union"Technicians:
Regular Business hours Monday through Friday,6 a.m.to 5p.m.
Overtime: Weekdays:5pm-6am,Saturdays:6am-5pm
Double-time:Sundays&Holidays
Union Sprinkler Fitters:
Regular Business hours Monday through Friday:5am-3pm.
Overtime: Weekdays:3pm-6am,Saturdays 6am—6pm
Double-time:Monday—Saturday:6pm—6am, .Sundays&Holidays
Any requests for work to be performed outside normal business hours will be billed at Seller rates in effect at the time the work is performed.Any
fire protection systems discovered at the time of inspection or added to the above premises after the date of this Agreement shall be inspected
by Seller and Customer shall pay an additional price commensurate with the usual charges made by Seller and thereafter such systems will be
added to the scope of this Agreement at a mutually agreed upon price.
5.SITE CONDITIONS:Customer shall provide a safe working environment and unencumbered access to all spaces where work is to be
performed by Seller.Customer acknowledges that Sellers service personnel have been instructed not to perform any work in hazardous
locations until working conditions have been made safe,as determined in the service personnel's sole discretion,and it is the responsibility of
the Customer to take any measures necessary to eliminate such hazards before the work may proceed.Customer will be billed for all such time
service personnel are dispatched regardless of whether the services are performed,unless Customer has provided Seller with at least forty-
Rev 2/2017 rhoc
`T' RED HAWK Ora 1 North Batavia Street
Orange,CA 92867-3509
Fire&Security Tel: 714.685.8100
Y Fax:714.685.8150
www.radhawkus.com
eight(48)hours advance notice of cancellation.
6.EQUIPMENT COVERED: Seller will provide Customer with the services described herein for the equipment listed on the Equipment Inventory
List provided herein.Any additions to or deletions from the Equipment Inventory List,and any change in the service price as a result thereof,
must be made in writing and signed by both Seller and Customer.
7.TIME AND MATERIALS SERVICE WORK: In the event that Seller is asked by Customer to perform service work on a time and materials
basis during the term of this Agreement,and such work is outside the scope of work contemplated herein,the Customer understands and
agrees that any such time and materials work will be performed by Seller pursuant to the terms and conditions contained herein at the Seller's
rates in effect at the time the work is performed.
8.WARRANTY:
INSPECTION WARRANTY-Seller makes no warranty,express or implied,in connection with any inspections services provided hereunder.
SERVICES WARRANTY-For any services provided on a time and materials basis,and excluding inspection services,Seller warrants that the
services provided hereunder will be performed in accordance with generally accepted industry standards and practices.In the event that any
services fail to comply with the foregoing standard within ninety(90)days from the date services are completed,Seller will re-perform the non-
complying services at no additional charge.
PRODUCTS/REPLACEMENT PARTS WARRANTY-Any equipment or replacement parts provided by the Seller will be warranted for a period
of ninety(90)days from the date the equipment or replacement parts are installed by Seller. In no event shall Seller have any obligation to make
repairs,replacements or corrections required,in whole or in part,as the result of(i)normal wear and tear,(ii)accident,disaster or other event
beyond the reasonable control or fault of Seller,(iii)misuse,fault or negligence of or by Customer,(iv)use of the equipment or replacement
parts in a manner for which they were not designed,(v)causes external to the equipment or replacement parts such as,but not limited to,water
damage,power failure or electrical power surges or(vi)use of the equipment or replacement parts supplied by the Seller in combination with
equipment or software not supplied by the Seller.Any installation,maintenance,repair,service,relocation or alteration to or of,or other
tampering with the equipment or replacement parts performed by any person or entity other than Seller without Seller's prior written approval,or
any use of replacement parts not supplied by Seller,shall immediately void and cancel all warranties with respect to the affected products.
PHYSICAL SECURITY-Notwithstanding the foregoing,and excluding inspection services,equipment and labor provided by Seller on any
physical security equipment specified on the Equipment list attached hereto shall be warranted for a period of one(1)year from the date the
physical security equipment or replacement parts are installed by Seller.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER IN CONNECTION WITH THE
SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER,AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,ORAL OR WRITTEN,WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
9.INSURANCE:Seller agrees to maintain the following insurance during the term of the Agreement with limits not exceeding the stated
amounts:(a)Comprehensive General Liability insurance covering bodily injury and property damage with a limit of$2,000,000 per occurrence
and$2,000,000 general aggregate,(b)Statutory workers'compensation and employer's liability insurance for a limit of$1,000,000 per
occurrence and(c)Automobile liability covering bodily injury and property damage with a combined single limit of$2,000,000 per occurrence.If
Seller is performing services on Customer's site,Customer will be named as additional insured under the Commercial General Liability policy
only with respect to liability arising out of bodily injury or property damage but only to the extent resulting from the negligent acts or omissions of
Seller or its willful misconduct arising out of the ongoing performance of its obligations under the contract.Seller does not waive its rights to
subrogation or provide copies of its policies,certified or otherwise nor does it provide endorsements.
10.FORCE MAJEURE:Seller shall not be liable for any failure to perform or for any interruption of any service to be performed hereunder,or in
the performance of an obligation hereunder as a result of an event beyond its reasonable control,including,but not limited to,strikes,industrial
disputes,fire,flood,acts of God,war,vandalism, riot,national emergency, acts of terrorism,embargoes or restraints,supplier default,extreme
weather or traffic conditions,order or other act of any governmental agency,and shall not be required to supply any service to the Customer
while interruption of such service due to any such cause shall continue.Service charges shall cease until service is resumed.
11.MUTUAL WAIVER OF DAMAGES: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE
FOR ANY INDIRECT,LIQUIDATED,CONSEQUENTIAL,SPECIAL OR ECONOMIC LOSS,COST LIABILITY,DAMAGE OR EXPENSES
HOWSOEVER ARISING,WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN
PART OR IN WHOLE.
12.LIMITATION OF LIABILITY:Notwithstanding anything to the contrary herein and to the extent permitted by law,the aggregate liability of
Seller to the Customer,whether in agreement,tort(including negligence),or otherwise will be limited to one(1)times the agreement value,
provided however the foregoing does not limit the liability of Seller for any injury to,or death of a person,caused by the gross negligence of
Seller.
Rev 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 92867-3509
Fire&SecurityTel:714.685. 1
Fax:714.685.8150
0
www.redhawkus.com
13.ENVIRONMENTAL: Customer agrees and acknowledges that Customer shall be solely responsible for all costs,expenses,damages,fines,
penalties,claims,and liabilities associated with or incurred in connection with hazardous materials or substances discovered upon,beneath,
about,or inside Customer's equipment or property,and Customer shall be solely responsible for reporting the presence of said hazardous
materials or substances to the proper governmental authorities.Customer further agrees and acknowledges that title to,ownership of,and legal
responsibility and liability for any and all such hazardous materials and substances at all times shall remain with Customer and that Customer
shall be solely responsible for the removal,handling,and disposal of all hazardous materials in accordance with all applicable governmental
regulations.
14.COMMERCIAL ITEMS: Seller agrees only to perform a contract for the sale of a commercial item on a fixed-price or time and material basis.
The components,equipment and services proposed by Seller are commercial items as defined by the Federal Acquisition Regulations("FAR")
Part 2,and the prices in any resulting contract and in any change proposal are based on Seller's standard commercial accounting policies and
practices,which do not consider,and will not meet,any special requirements of U.S.Government cost principles and procedures under FAR or
similar procurement regulations.
15.GENERAL:(a)This Agreement and the Scope of Work constitutes the entire Agreement between Customer and Seller and supersedes all
prior written and oral agreements in relation to the work contemplated under this Agreement.(b)No amendments,modifications,or supplements
to this Agreement shall be binding unless in writing and signed by both parties.(c)This Agreement shall not be in effect or binding upon Seller
until signed by its duly authorized representative(s).Customer may not assign its rights or delegate its duties hereunder without the specific,
written consent of Seller.
16.GOVERNING LAW:This Agreement shall be interpreted in and governed by the laws of the State in which the work is to be performed
including all matters of construction,validity,performance and enforcement.This Agreement may be executed in multiple counterparts,each of
which shall be deemed an original and of equal force and effect.
17.COSTS AND ATTORNEYS'FEES:In the event that it shall become necessary for Seller to employ a collection agency or attorney to collect
unpaid charges or any other sums Customer may owe hereunder,Customer shall be liable to Seller for Seller's reasonable and necessary costs
of collection and attorneys'fees incurred in such collection activities. In the event of any other legal proceeding related to this Agreement,the
prevailing party in such proceeding shall be entitled to recover its costs and reasonable attorneys'fees from the other party.
18.SEVERABILITY: If any term,covenant,condition or provision of this Agreement,or the application thereof to any circumstance,shall,at any
time or to any extent,be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable,the remainder of this
Agreement,or the application thereof to circumstances other than those as to which it is held invalid or unenforceable,shall not be affected
thereby and each term,condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19.SUBCONTRACTING: Seller shall have the right to subcontract,in whole or in part,any services which Seller may perform.Customer
acknowledges that this contract and particularly those paragraphs relating to Seller's limited liability inure to the benefit of,and are applicable to,
any assignees and/or subcontractors with the same force and effect as they bind customer to Seller.
20.NOTICES:All notices under this Agreement shall be in writing,signed,dated and sent by overnight courier or registered or certified U.S.
mail,postage prepaid, return receipt requested,to the parties at the addresses shown below.All changes of address must be in writing and
delivered as provided in this Section. Notices are deemed given when deposited,as described above,with the U.S.mail or in the overnight
receptacle.
Any such notice,if sent by the Customer to the Seller,shall be addressed as follows:
Attn: Service Contracts
Red Hawk Fire&Security
1640 North Batavia Street
Orange,CA 92867
And if sent by the Seller to the Customer,shall be addressed as follows:
Attn:
SIGNATURES CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN.AGREEMENT
VALID UPON SIGNATURE OF RED HAWK MANAGER.
Rev 2/2017 rhoc
RED HAWK 1Ora North Batavia Street
Orange,CA 92867-3509
Tel:714.685.8100
Fire&Security Fax:714.685.8150
www.redhawkus.com
Red Hawk Fire&Security
Proposed By: Danielle Fuentes Accepted By:
Proposal Number:
5/19/17
Danielle Fuentes Date Customer Signature Date
Account Manager
Accepted By:
Renee Collins Date
General Manager, Red Hawk Fire&Security
Rev 2/2017 rhoc
Page 1 of 2
.NCODfi/14/2010 '
® CERTIFICATE OF LIABILITY INSURANCE °A�'M42018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 15 WANED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsemen s.
PRODUCER NAMECT Willie Torero Watson Certificate Center
Willie of Now York, Inc.
c/o 26 Century Blvd PHONE Ern, 1-877-945-7376 FAX a. 1-888-467-2378
P.O. Bo: 305191 A SSE certificates8willis.com
Nashville, IN 372303191 USA INSURERS AFFORDING COVERAGE NAICN
INSURGRA: First Specialty Insurance Corporation 34916
INSURED INSURERS: Liberty Mutual Insurance Company 23043
Red Hawk Fire 4 Security (CA), TLC
1640 H. Batavia at. INSURERC:
Orange, CA 92967 INSURERD:
INSURER E:
W8URER F t
COVERAGES CERTIFICATE NUMBER:W6486129 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NTR TYPE OF INSURANCE I POLJCYNUMflER I POLICY EFF I IMM11DDfYYYYI
HIP UNITS
I X;COMMERCWLGENERALWBILITY
EACH OCCURRENCE f 3,000,000
1 CLAIMS-MADE DAMAGE TO HENIEU
X [OCCUR t i PREMISESIEsocnomrcel S 100,000
A
� MED EXP IAny one pan0n) f 30,000
7 t y Y IRG 2001021 05 04/10/2018#04/10/2019 PERSOHAL4AWINJURY $ 31000,000
G_EN.AGGREGATE LIMIT APPLIES PER ✓ GENERAL AGGREGATE S 3,000,000
„ ' Gr
PoucY�x °RD
L (T _
Loc PROOLCTS-GOMP/CP AflO S 3,000,000
HER: S
AUTOMOBILE LL48LM GOMBiN nlawde MI L L I S 2,000,000
X ANY AUTO BODILY INJURY(PW pamm) S
EDLXED
B AUTOS ONLY ��I Y Y AS2-621-094871-028 04/10/2018 04/10/2019 BODILY INJURY(PW aWdem) S
X AUTOS ONLY X AUTOS ONLYY / PROP jpwE d�DAMAGE 3
$
UMBREL AU" l OCCUR iI EACHOCCURRENCE S
.OED EXCESS LINS RETENTION f :11MI5-MADE I AGGREGATE S
WORKERS COMPENSATION 11 X PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER _
a ANYPROPRIETORNARTNERIEXECUT1VE E.L.EAC14ACCC✓ENT S 11000,000
OFFICERVEMSEREXCLUDED? a NIA Y WL7-620-094871-018 04/10/2018 04/20/2019
pgyendalmy In NH) EL DISEASE-EA EMPLOYE 1 1,000,000
IOESCRIP 0M OF&ERATIONS below I EL.DISEASE-POLICY LIMIT I S 11000,000
DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES(ACORD 101,Addhemal Ramoma Schedule,maybe attached a mom space Is mqulmq
This Voids and Replaces Previously Issued Certificate Dated 06/14/2019 WITH ID: W6485352.
Re: All Operations.
The City of Palm springs, its officials, eaployeas and agents are included as Additional Insureds as respects to
General Liability and Auto L-iabilli when required by written contract, arising out of the ape inn* of the Named
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Palm Springs
Attn: City Clerk AUTHORIZED REPRESENTATIVE
P.O. Sox
Palm Springs,
CA 92262
0 1 988-201 5 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
SA ID- 16311192 eATCW 749306
AGENCY CUSTOMER ID:
LOC#:
ACo® ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED �•
Millis of New York, Inc. Red Gawk Firs L Security (CA), LLC
1660 N, Batavia St.
POLICYNUMBER Orange, CA 92667
see Page 1
CARRIER NAIC CODE
see Page 1 See Page 1 EFFECTWE DATE!See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability insurance
Insured. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other
insurance in force for or which ma'Y_S;p_urc_h&S*7 by Additional Insureds as required by written contract or agreement.
Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability and
Workers Co nsation as z Compensation squired by written contract and as permitted by law.
ACORD 101(2008101) ®2008 ACORD CORPORATION. All rights reserved.
The ACORD gqame and logo are registered marks of ACORD
SR ID: 16311192 SATM 749306 Cmar; W6466129
POLICY NUMBER: IRG 2001021 05 COMMERCIAL GENERAL LIABILITY
Policy Effective Date: 0411 012 01 8 CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s)Of Covered Operations
Any person or organization for As per written contract.
whom you are performing
operations when you and such
person or organization have
agreed in writing in a
contract or agreement that
such person or organization be
added as an additional insured
on your policy.
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to This insurance does not apply to"bodily injury"
include as an additional insured the person(s) or"property damage"occurring after:
or organization(s) shown in the Schedule, but
only with respect to liability for"bodily injury", 1. All work, including materials, parts or
"property damage" or "personal and advertis- equipment furnished in connection with
" such work, on the project (other than
ing injury caused, in whole or in part, by- service, maintenance or repairs) to be per-
t. Your acts or omissions; or formed by or on behalf of the additional in-
2. The acts or omissions of those acting on sured(s) at the location of the covered op-
your behalf; erations has been completed; or
in the performance of your ongoing operations 2. That portion of "your work" out of which
for the additional insured(s) at the location(s) the injury or damage arises has been put to
designated above. its intended use by any person or organiza-
tion other than another contractor or sub-
B. With respect to the insurance afforded to these contractor engaged in performing opera-
additional Insureds, the following additional ex- tions for a principal as a part of the same
elusions apply: project.
CG 20 10 07 04 Copyright, ISO Properties, Inc.,2004 Page 1 of 1
UNIFORM
POLICY-NUMBER: IRG 2001021 05 COMMERCIAL GENERAL LIABILITY
Policy Effective Date:04/10/2018 CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s : Location And Description Of Completed Operations
Any person or organization for As per written contract.
whom you arc performing
operations when you and such
person or organization have
agreed in writing in a
contract or agreement that
such person or organization be
added as an additional insured
on your policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11 - Who Is An Insured is amended to in- work" at the location designated and described in
clude as an additional insured the person(s) or or- the schedule of this endorsement performed for
ganization(s)shown in the Schedule, but only with that additional insured and included in the
respect to liability for "bodily injury" or "property "products-completed operations hazard".
damage" caused, in whole or in part, by "your
CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies persons)or organization(s)who are "insureds' under the Who Is An Insured Provi-
sion of the Coverage Form.This endorsementdoes not alter coverage provided in the Coverage Form.
SCHEDULE
Name of Person(s)or Organization(s):
Any person or organization whom you have agreed in writing to add as an additional insured,but only to
coverage and minimum limits of insurance required by the written agreement,and in no event to exceed either
the scope of coverage or the limits of insurance provided in this policy.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to the endorsement.)
Each person or organization shown in the Schedule is an"insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an `insured" under the Who Is An Insured Provision contained
in Section II of the Coverage Form.
Policy No:AS2-621-094871-028 Issued By: Liberty Mutual Fire insurance Co.
Effective Date:04/10/2 018
Expiration Date:04/10/2 019
Sales Office:0324
CA 20 48 02 99 Copyright,Insurance Services Office,Inc., 1998 Page 1 of 1
Policy Number. IRG 2001021 05
Policy Effective Date: 04/10/2018 COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
This insurance is primary to and will not seek additional insured.
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 ®Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number:AS2-621-094871-028 COMMERCIAL AUTO
CA 04 50 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
The following Is added to the Other Insurance 2. You have agreed in writing in a contract or
Condition in the Business Auto and Garage Coverage agreement that this insurance would be
Forms and the Other Insurance - Primary And primary and would not seek contribution from
Excess Insurance Provisions in the Motor Carrier any other insurance available to such
Coverage Form and supersedes any provision to the "insured".
contrary:
This Coverage Form's Liability Coverage is primary to
and will not seek contribution from any other
Insurance available to an "insured" under your policy
provided that:
1. Such"insured"is a Named Insured under such
other insurance; and
CA 04 5011 16 Q Insurance Services Office. Inc..2016 Page 1 of 1
POLICY NUMBER: IRG 2001021 05 COMMERCIAL GENERAL LIABILITY
Policy Effective Date:04/1012018 CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization when you and
such person or organization have agreed in
writing in a contract or agreement that you
will waive any right of recovery against
such person or organization.
information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The following is added to Paragraph S.Transfer Of
Rigtrts Of Pboovery Against Ofhem To Lis of Sec-
tion IV—Conditions:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products-completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
CG 24 04 05 09 0 Insurance Services Office. Inc.,2008
Page 1 of 1 TM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided underthe following:
Business Auto Coverage Form
Garage Coverage Form
Truckers Coverage Form
Motor Carrier Coverage Form
SCHEDULE
Premium: zNCL
Name of Person or Organization:
Any person or organization for whom you perform work under a written contract if the contract requires
you to obtain this agreement from us,but only if the contract Is executed prior to the injury or damage
occurring.
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition is amended by the
addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule
above because of payments we make for Injury or damage arising out of your operations of a covered auto
done under contract with that person or organ'zation. This waiver applies only to the person or organization
shown in the Schedule above.
Policy NO:AS2-6 21-094 871-02 8 Issued By:
Effective Dale: 04/10/203.8 Liberty Mutual Fire insurance Co.
Expiration Date:09/l0/2 019
Sates Office: 0324
AX 1210 02 05 B Page 1 of 1
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the Cafifomia workers' compensation premium
otherwise due on such remuneration.
Schedule
Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum
premium charge of$250.
Person or Organization Job Description
Where required by contract or
written agreement prior to loss and
allowed by law
Issued by Liberty Insurance Corporation21814
For attachment to Policy No.WA7.62D.094871-018 Effective Dale 04r1o/2018 Premium S
Issued to Fire&Security Holdings,LLC
WC 04 03 06 Page 1 of 1
Ed:0411904
First Specialty Insurance Corporation
SPECIFIED NOTICE OF CANCELLATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM
EXCESS LIABILITY POLICY INDEMNITY ONLY
EXCESS LIABILITY POLICY—ENHANCED DEFENSE
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
The following is added to your policy:
SCHEDULE
City of Palm Springs
Attn:City Clerk.P.O.Box 2743
Palm Springs,CA 92262
We will provide to any person or organization listed in the above Schedule a copy of any written notice of
cancellation that we issue to you.
All other terms and conditions of this policy shall remain unchanged.
This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless
otherwise stated herein.
Policy Number. IRG 2001021 05
Named Insured: FIRE&SECURITY HOLDINGS,LLC
Endorsement Effective Date:0411W2018
SP 5 349 0413 Page I of I
Policy Number..AS2-621-099611-026
Issued By. Liberty Mutual Fire insurance Co.
THIS ENDORSEMENT CHANGES THE POL)CY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement mobiles Insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILfTY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
Schedtde
Name of Other Person(s)l Email Address or mailing NtmMer
Organization(s): address: Days
Notice:
City of Pala Springs Attn: City Clerk 30
PO Box 2143
Pala Springs, CA 92362
A. If we cancel this policy for any reason other than nonpayment of premium,we will notify the persons or
exgani2atiorns shown in the Schedule above. We will send notice to the email or ring address fasted
above at least 10 days,or the number of days listed above,i1 arty, befine the cancellation becomes
effective. In no event does the notice to the third party exceed the notice to the Irst named insured.
S. This advance notification of a pending cancellation of coverage is Intended as o courtesy only. Our failure
to provide such advance notification will not extend the poky cancellation date nor negate cancellation of
the Policy.
Ali other terms and conditions of this policy remain unchanged.
LIM gg 010511 0 2011,Liberty Mutual Group of Companies. AN rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Once,Inc
with it3 pemuslio n..
Facilities Tempt
From: Peter King
Sent: Tuesday,June 19, 2018 1:13 PM
To: Facilities Tempt
Subject: RE:Red Hawk:Certificate of Insurance Revision -City of Palm Springs
Hi Lief. It looks like substantial efforts were made to get the insurer to change the language to our preferred language,
but failed.Thus, per our telephone conversation,( i.e.given that the contract amount is approximately 11K and the fact
that the contract has not expired and is not being amended a this time), I'm comfortable accepting the insurer's
language on the Certificate of Insurance you sent rather than requiring our Plan B language used for new agreements
and contract option amendment.
Best.
Peter
From: Facilities Templ
Sent:Tuesday,June 19,2018 7:41 AM
To:Peter King<Peter.King@palmspringsca.gov>
Cc:Anil Kumar<Anil.Kumar@palmspringsca.gov>; Karen Tolliver<Karen.Tolliver@paimspringsca.gov>
Subject: FW:Red Hawk:Certificate of Insurance Revision-City of Palm Springs
Good morning•David,
We have encountered another vendor whose insurer is unwilling to amend the NOC per the email below.When you
have a moment can you please review their attached NOC for Auto and GL to advise on whether their"failure"clause is
okay as is or if we need to go the route of having them sign an amendment as we did with R&R.
Thanks for your help,
Leif
From:Bui, Patty<Patty.Bui@ red hawkus.com>
Sent:Tuesday,June 19,2018 7:22 AM
To:Facilities Tempt<Facilities.Templ@palmsprinasca.eov>
Subject: RE: Red Hawk:Certificate of Insurance Revision-City of Palm Springs
Hi, Leif, this is what I've been told re the cancellation verbiage issue:
the language on the Notice of Cancellation endorsement is standard and cannot be amended. Regardless whether the
language is present or not, coverage is not changed and the entity is already on the list of entities to be notified in the
event cancellation notices are issued.
Apparently, we are not able to make the requested changes. I am sorry, but at this time there are no alternative solutions
I can offer you.
Thanks,
Patty Bui
Projects Administrator
Contracts/Insurance
1
714-685-8128
From: Facilities Templ [mailto:Facilities.Temolfdoalmsprinosca.govl
Sent: Monday, June 18, 2018 11:50 AM
To: 'Kim, Edward'
Cc: 'Cintron, Clara'; Tanguay, Michael; Bui, Patty
Subject: RE: Red Hawk:Certificate of Insurance Revision -City of Palm Springs
Hi Edward,
I hope you had a great weekend and that the notices of cancellation we're waiting on are almost complete.As we are
approaching the end of our fiscal, it's vital that we have the proper documents on file, as I'm sure you can appreciate.
I look forward to hearing from you.
Cheers,
Leif
Leif Wauters
Administrative Assistant
Department of Maintenance&Facilities
City of Palms Springs
0.760-323-8167
From: Facilities Templ
Sent:Thursday,June 14,20181:00 PM
To: 'Kim,Edward'<KimECa WillisTowersWatson.com>
Cc:Cintron, Clara<clara.cintronOWillisTowersWatson.com>;Tanguay,Michael
<Michael.Taneuay@WillisTowersWatson.com>;Bui,Patty<Patty.Bui(&red hawk us.com>
Subject:RE: Red Hawk:Certificate of Insurance Revision-City of Palm Springs
Hi Edward,
Thanks for your response.That is correct,although that NOC covers both Auto and the Commercial General Liability,
which is exactly what we need.
appreciate your help with this.
Cheers,
Leif
From: Kim,Edward <KimEC&WiIlisTowersWatson.com>
Sent:Thursday,June 14,201811:52 AM
To: Facilities Templ<Facilities.Tem 1 alms rin sca, ov>
Cc:Cintron,Clara<cara.cintron@WillisTowersWatson.com>;Tanguay, Michael
<Michael.TaneuayQWillisTowersWatson.com>; Bui, Patty<Patty.BuiC@redhawkus.com>
Subject:RE: Red Hawk: Certificate of Insurance Revision-City of Palm Springs
Leif:
Z
To be clear,you are requesting we strike the language on the Auto NOC Endorsement(page 12/12 of the Cert.)under B.
00ur Failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy"correct?
Thank you,
Edward Kim
Edward Kim
Client Director
Willis Towers Watson
150 John F.Kennedy Parkway,Suite 520,Short Hills,NJ 07078
Direct:973 4017407
Mobile:267 515 8851
KinnEOwillislowerswatson.com
www.vAllistomr-swatson.com
From: Facilities Templ Finailto:Facilities.TemDl(abDalmsorinasca.00vl
Sent:Thursday,June 14, 2018 2:44 PM
To: IGm, Edward
Cc: Cintron, Clara; Tanguay, Michael; Bui, Patty
Subject: RE: Red Hawk: Certificate of Insurance Revision -City of Palm Springs
Importance: High
Hi Edward,
Thank you for sending this through. We greatly appreciate the addition of the required Notice of Cancellation for GL and
Auto, however it includes wording that we need removed as called out in our requirements document(attached).
Please remove the"...failure to provide..."sentence and send it back as soon as you're able.
Thanks for your understanding and continued help.
Cheers,
Leif
From:Kim, Edward<KimE@WillisTowersWatson.com>
Sent:Thursday,June 14,2018 11:31 AM
To:Facilities Templ<Facilities.TemalO)Dalmsnrinssca.eov>
Cc:Cintron,Clara<clara.cintron@WillisTowersWatson.com>;Tanguay, Michael
<Michael.Taneuav@WillisTowersWatson.com>; Bui, Patty<Pattv.Bui@redhawkus.com>
Subject: Red Hawk:Certificate of Insurance Revision-City of Palm Springs
Good afternoon:
Please find attached the revised Certificate of Insurance for Red Hawk. If there are any edits or discrepancies, please let
us know and we will address them ASAP.
Thank you,
Edward Kim
Edward Kim
Client Director
Willis Towers Watson
3
150 Jahn F.Kennedy Parkway, Suite 520, Short Wills,NJ 07078
Direct:973 4017407
Mobile:267 515 8851
Kim iilitillislowerswatson.com
www.willistowerswatson.com
For lnlomrailon pertammq to Willis Towers Waucn's eraaa co17idem;alily and menilering rgiiCy,usage resUictians,art for specific compaaiy regislrxgcn and
reg0x"status information,pease visit h1loWwww.willis.c !email t -eras x
if ycu rw:eive.dirart marketing ca:aa.un caticwtS from 4ViTs TQ-Acr 'Watson,you have the r1gh7 to regue*,t riot to ri 4ce:ve these You may receive direct nlarkLFrg
Corttml.IniestiY]ns from Willis Towers Watson if SQ,you rave the right to Opt out of these communicauOnS You can apt oft{of these communicalions or request a
copy of Willis T wars`Watson's prww-y notice Ly emalling unsubseribe(Mwi lisfowerswatsgnCOm-
at Worn,awn pertaining to W€E'is 7owzrs vVatson s ema:i con.i_rarifiaNy o l mnrtifering pc!icy.usage reStricli!sns,or to,spe"clk company registration and
reguialor, sotils Intormat€on,please visit h@o:Uwww.witks.comlemail trailer.asox
If ynu receive direct marketing commun':c2tion,tiorn IVAil s T orta.,z Watscr,you have the r grit to request not to feCeivA these You may receive direct mare:eiina
communtcallons from Willis Towers Watsort If so yo: have the rigM to opt out al Mestd cummurricalinns Ye+a u4o opt neat of tnese-Om;nuricaticn,cr re(pest a
copy gf Wiiis Towers Watson's privacy notice by emailio-unsubgenbeCa7willislowerswetson.com-
4
ASSIGNMENT, ASSUMPTION, AND CONSENT TO AMEND
CONTRACT SERVICES AGREEMENT NO. 7168 (A7168) FOR
FIRE SUPPRESSION SYSTEM INSPECTIONS
This Assignment, Consent and Amendment (this "Consent") is entered into as of
, 2021, by and between the City of Palm Springs, California Charter City
and Municipal Corporation ("City"), and Red Hawk Fire & Security, ("Assignee"), and
ADT Commercial, Limited Liability Corporation ("Assignee"). City, Assignor, and
Assignee are individually referred to as "Party" and are collectively referred to as the
"Parties".
RECITALS
A. WHEREAS, City and Assignor have entered into a Service Agreement No. 7168
dated July 30, 2018 (the "Agreement"), pursuant to which Assignor agreed to provide Fire
Suppression System Inspections at Palm Springs City Hall, Palm Springs Police
Department, Rudy's General Store and Welwood Murray Memorial Library ("Project").
B. WHEREAS, (Assignor) is Red Hawk Fire & Security, will now be incorporated and
be ADT Commercial LLC Assignee will now incorporate ADT to be fully known as ADT
Commercial LLC and will continue to provide services to the City under the terms of the
Agreement.
C. WHEREAS, Assignor and Assignee desire, in connection with the transition, to
have Assignor assign to Assignee all of Assignor's rights and obligations under the
Agreement, and to have Assignee assume such rights and obligations, and City wishes
to consent to such assignment and assumption.
D. WHEREAS, The Parties wish to enter into this Assignment, Assumption, and
Consent to Amend the Agreement terms and conditions.
NOW, THEREFORE, in consideration of these promises and mutual obligations,
covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference
herein as the basis for this Assignment, Assumption and Consent to Amend the
Agreement.
SECTION 2. Miscellaneous Provisions Section 11.1 Notice is hereby revised to
incorporation Assignee's mailing address as follows:
TO City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
To Assignor: Red Hawk Fire & Security
Attention: Renee Collins
1640 North Batavia Street
Orange, CA 92867
To Assignee: ADT Commercial, LLC
Attention: Robert Berkery
210 W. Bayw000d Ave,
Orange, CA 92865
SECTION 3. Assignment and Assumption of Contract obligations in accordance with
the terms and conditions set forth in the Agreement.
A. Assignor hereby assigns and transfers over to Assignee all right, title and
interest in and to the Agreement and Assignee hereby accepts such
assignment and transfer.
B. Assignee hereby agrees to be bound by all the terms of, and to undertake and
perform all the obligations of Assignor contained in the Agreement that required
performance from and after December 1st, 2019,
C. Consent. City hereby consents and agrees to the assignment to Assignee by
Assignor of all of Assignor's rights and obligations under the Agreement and to
the substitution of Assignee for Assignor as a party to the Agreement. City
specifically agrees that Assignor assignment of its rights and obligations under
the Agreement to Assignor will not constitute a default under the Agreement or
permit cancellation of the Agreement by City. City acknowledges and agrees
that as of the Effective Date, neither City nor Assignor is not in default of any
of its obligations under the Agreement and City is not aware of any fact or
circumstance that is reasonably likely to give rise to a default by Assignee
under the Agreement.
SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the
Contract Services Agreement No. 7168, unless specifically modified herein, shall
continue in full force and effect. In the event of any conflict or inconsistency between
the provisions of this Amendment and any provisions of the Contract Services
Agreement, the provisions of this Amendment shall in all respects govern and control.
SECTION 4. The persons executing this Amendment on behalf of the Parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized
to execute and deliver this Amendment on behalf of said party, (iii) by so executing
this Amendment, such party is formally bound to the provisions of this Amendment,
and (iv) the entering into this Amendment does not violate any provision of any other
agreement to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates
stated below.
"CITY" City of Palm Springs
By:
JV
Staci A. Sch#fer
Director of Maintenance & Facilities
APPROVED AS TO FORM:
By: By:
Jeff ey S.'9a1'1ingo4,6ty Attorney
ATTEST:
"ASSIGNOR" RED HAWK FIRE & SECURITY
Date: - i L L By:
Signa ur
Date:
By:
"ASSIGNEE" ADT COMMERCIAL, LLC
Date: I 20 �-(
Date:
0
By:
Printed Name/Title
Signature
Printed Name/Title
Siandlure
4-6
Robert Berkery, Vice Presid nt
Signature
Printed Name/Title
1 aD
AC"R" CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
0912612022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Mash USA Inc.
1560 Sairass Coorrpporate Pkw9, Suite 300
Sunrise, FC 33323.2858
Attn: ADT.certs@Marsh.com
CONTACT
NAME:
PHONE FAX
ac No
EMAIL
ADDRESS:
INSURE S AFFORDING COVERAGE
"Co
INSURER A: Old Republic Insurance Company
24147
CN709418288-ADT-GAWU-22-23
INSURED Commerraal, LLC
ADT920
INSURER B : ACE Pro And Casual Ins Go
20699
S. Andreasen Dr., Suite 102
INSURER C :
INSURER D :
E=ndido, CA 92029
INSURER E:
NSURERF:
rCIVFRAr,FS CERTIFICATE NUMBER: NYG-011457361.14 REVISION NUMBER: 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
n DLSUSR
wun
POUCYNUMBER
POLICY
OD EFF
MMMIDDYE%P
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
MAZY 31431822
10101/2022
10/0112023
EACH OCCURRENCE
$ 4,500,000
CLAIMS -MADE lxl OCCUR
PREMISES Ee cHTEO
$ 1,000,000
X
SIR:$500,000
MED EXP (Any one
S 10,000
X
PrOlessigyl Liab Included
PERSONAL S ADV INJURY
S 4'500'000
GENL AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S 9,0110,000
PRODUCTS - COMPIOP AGG
S 9,000,000
X POLICY D PRO- LOC
JECS
OTHER:
A
AUTOMOBILE LVIBIDTY
MWTB 31431922
10101/2022
10/01/2023
COMBINED SINGLE LIMIT
Ea accident
S 5,000,000
BODILY INJURY (Fair person)
S
X ANY AUTO
BODILY INJURY (Peracltlet)
S
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY qAUTOS ONLY
PROPERTYDAMAGE
War a[CId¢nl
$
S
X
UMBRELLA LIAR
X
OCCUR
G28166837007
10101/2022
10101023
EACH OCCURRENCE
S 10,000,000
UCESS LIAB
CLAIMS -MADE
AGGREGATE
$ 10,000,000
DELI I X RETENTION/10000
S
A
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANYPROPRIETORIPARTNERIEXECUTIVE Y
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
NIA
MWC 31431722(ADS)
1010112027
10101=3
X STATUTE ER
E.L EACH ACCIDENT
S 2000000
E.L. DISEASE -EA EMPLOYEd
S 2,000.000
E L. DISEASE -POLICY LIMIT
S 2,000,000
If yes desrsibe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACO D)101, AddNlonal Remarks Schedule, may W MuwC d N more space N mulrad)
RE: PALM SPRINGS CITY HALL FIRE ALARM BID, 3200 E. TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262-THE CITY OF PALMS SPRINGS, ITS OFFICIALS, EMPLOYEES, AND AGENTS IS/ARE
INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY. THIS INSURANCE IS PRIMARY AND NON-
OVER ANY INSURANCEARISINGUT OF THE S OF THE ED INSURED WHERE
UWRITTENN SUBJE(7PTaWTCT.
CONTRACT.ABILITY
WO WAIVER OF SUBROGATION 5 APNTRIBUTORY
CABLE WHERE REQUIRETED D BYO CONTRACT L�IABIOLNTY DER THE GENERAL LIABILITYPOLICYPOLICY PROVISIONS.
PLICABLE
UMBRELLA IS FOLLOW FORM OF PRIMARY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
OCT 0 4 2022
CITY OF PALM SPRINGS
ATTN: PROCUREMENT OFFICE
PROCUREMENT AND CONTRACTING
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
v/L eK �47KC.
ACORD 25 (2016/03)
1988-2016
The ACORD name and logo are registered marks of ACORD
TION. All riahts reserved.
0003873 SP 0382 -COI-P03874.1
CITY OF PALM SPRINGS
ATTN: PROCUREMENT OFFICE
PROCUREMENT AND CONTRACTING
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
0382-01-00-0003873-OMI 008398
1 aD
AC"R" CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
0912612022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Mash USA Inc.
1560 Sairass Coorrpporate Pkw9, Suite 300
Sunrise, FC 33323.2858
Attn: ADT.certs@Marsh.com
CONTACT
NAME:
PHONE FAX
ac No
EMAIL
ADDRESS:
INSURE S AFFORDING COVERAGE
"Co
INSURER A: Old Republic Insurance Company
24147
CN709418288-ADT-GAWU-22-23
INSURED Commerraal, LLC
ADT920
INSURER B : ACE Pro And Casual Ins Go
20699
S. Andreasen Dr., Suite 102
INSURER C :
INSURER D :
E=ndido, CA 92029
INSURER E:
NSURERF:
rCIVFRAr,FS CERTIFICATE NUMBER: NYG-011457361.14 REVISION NUMBER: 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
n DLSUSR
wun
POUCYNUMBER
POLICY
OD EFF
MMMIDDYE%P
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
MAZY 31431822
10101/2022
10/0112023
EACH OCCURRENCE
$ 4,500,000
CLAIMS -MADE lxl OCCUR
PREMISES Ee cHTEO
$ 1,000,000
X
SIR:$500,000
MED EXP (Any one
S 10,000
X
PrOlessigyl Liab Included
PERSONAL S ADV INJURY
S 4'500'000
GENL AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S 9,0110,000
PRODUCTS - COMPIOP AGG
S 9,000,000
X POLICY D PRO- LOC
JECS
OTHER:
A
AUTOMOBILE LVIBIDTY
MWTB 31431922
10101/2022
10/01/2023
COMBINED SINGLE LIMIT
Ea accident
S 5,000,000
BODILY INJURY (Fair person)
S
X ANY AUTO
BODILY INJURY (Peracltlet)
S
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY qAUTOS ONLY
PROPERTYDAMAGE
War a[CId¢nl
$
S
X
UMBRELLA LIAR
X
OCCUR
G28166837007
10101/2022
10101023
EACH OCCURRENCE
S 10,000,000
UCESS LIAB
CLAIMS -MADE
AGGREGATE
$ 10,000,000
DELI I X RETENTION/10000
S
A
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANYPROPRIETORIPARTNERIEXECUTIVE Y
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
NIA
MWC 31431722(ADS)
1010112027
10101=3
X STATUTE ER
E.L EACH ACCIDENT
S 2000000
E.L. DISEASE -EA EMPLOYEd
S 2,000.000
E L. DISEASE -POLICY LIMIT
S 2,000,000
If yes desrsibe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACO D)101, AddNlonal Remarks Schedule, may W MuwC d N more space N mulrad)
RE: PALM SPRINGS CITY HALL FIRE ALARM BID, 3200 E. TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262-THE CITY OF PALMS SPRINGS, ITS OFFICIALS, EMPLOYEES, AND AGENTS IS/ARE
INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY. THIS INSURANCE IS PRIMARY AND NON-
OVER ANY INSURANCEARISINGUT OF THE S OF THE ED INSURED WHERE
UWRITTENN SUBJE(7PTaWTCT.
CONTRACT.ABILITY
WO WAIVER OF SUBROGATION 5 APNTRIBUTORY
CABLE WHERE REQUIRETED D BYO CONTRACT L�IABIOLNTY DER THE GENERAL LIABILITYPOLICYPOLICY PROVISIONS.
PLICABLE
UMBRELLA IS FOLLOW FORM OF PRIMARY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
OCT 0 4 2022
CITY OF PALM SPRINGS
ATTN: PROCUREMENT OFFICE
PROCUREMENT AND CONTRACTING
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
v/L eK �47KC.
ACORD 25 (2016/03)
1988-2016
The ACORD name and logo are registered marks of ACORD
TION. All riahts reserved.
0003873 SP 0382 -COI-P03874.1
CITY OF PALM SPRINGS
ATTN: PROCUREMENT OFFICE
PROCUREMENT AND CONTRACTING
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
0382-01-00-0003873-OMI 008398