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A8536 - O'LINN EXECUTIVE SECURITY Service, Inc
CONTRACT SERVICES AGREEMENT ALARM MONITORING AND MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES THI$,CONTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on [7,- - - " 202P, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City")and O'Linn Executive Security Service, Inc., a California Corporation("Contractor').City and Contractor are individually referred to as"Party"and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for Fire and Security Alarm monitoring,testing, maintenance and repair services for multiple city facilities and locations project("Project"). B. Contractor has submitted to City a Bid to provide Fire and Security Alarm monitoring, testing, maintenance and repair services for multiple city facilities and locations to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience,training,education,reputation,and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contract services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit"A" (the"Services"or"Work"),which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience,Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3)the City's Request for Bids; and, (4) the Contractor's signed, original Bid submitted to the City("Contractor's Bid"), (collectively referred to as the"Contract Documents"). The City's Request for Bids and the Contractors Bid, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Bid. All provisions of the Scope of Services,the City's Request for Bids and the Contractor's Bid shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1s)the provisions of the Scope of Services(Exhibit "A"); (2nd)the provisions of the City's Request for Bid (Exhibit "B"); (311) the terms of this 1 Agreement;and, (4t°)the provisions of the Contractor's Bid (Exhibit"C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits. Fees. and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall,at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted bylaw. 1.5 Familiarity with Work. By executing this Agreement,Contractor warrants that Contractor(a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment,materials,papers,documents,plans,studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to,or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (1) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%)of the Maximum Contract Amount or$25,000, whichever is less, or in the time to perform of up to thirty(30)days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of 2 this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation,which is attached as Exhibit "D"and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Twelve Thousand, Six Hundred Forty Three Dollars and Twenty Cents,($12,643.20 annually, plus CPI adjustment in optional years 4 and 5), ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit"D" The method of compensation shall be as set forth in Exhibit "D" Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved If such expenses are also specked in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services Identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth(10)working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice,as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five(45)days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services 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. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 attached Schedule of Performance(Exhibit"E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s)established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty(180)days cumulatively;however,the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the Services rendered underthis Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor(financial inability excepted) if Contractor,within ten(10)days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy,unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes, freight embargoes,wars,and/or acts of any governmental agency,including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delaywhen and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement,this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed three (3) years with two (2) one year optional extensions from the commencement date,except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whale or in part, upon giving Contractor thirty (30) days written notice. 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 such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City,except that where termination is due to material default by the City,the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with 4 respect to the Services to be performed under this Agreement: Richard J. O'Linn, President. It Is expressly understood that the experience, knowledge, education,capability, expertise, 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 performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 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 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. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement,nor any monies due,voluntarily or by operation of law,without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred,assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Contractor,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees,and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers,employees,or agents,except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection,discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number,compensation,or hours of service. Contractor shall pay all wages,salaries,and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation,workers'compensation,and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of anyjoint enterprise with Contractor. 5 B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt,obligation,or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement,City shall not pay salaries,wages,or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents,for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement,of any nature relating to salary,taxes,or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense,the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement,including Contractor's agents,representatives,or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement,standard Industry form contract liability(errors and omissions) insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two- million dollars($2,000,000.00)annual aggregate, in accordance with the provisions of this section. (1) Contractor shall either: (a)certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or(b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period,Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage,or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence"basis, the policy shall be continued in full force and effect during the term of this Agreement,or until completion of the Services 6 provided for in this Agreement,whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers'compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain,in full farce and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned,non-owned,leased,and hired cars. E. Emplover Liability Insurance. Contractor shall obtain and maintain, In full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars($1,000,000.00)for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions In excess of $10,000, and the City Manager or histher designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements.The following provisions shall apply to the insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees,agents,and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members,officials, employees,agents,and volunteers. 7 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each Insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement(e.g., elimination of contractual liability or reduction of discovery period),unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required)to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of Insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage,limits,or other requirements,or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue,and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 8 5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice,but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to Involve City,or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this.section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.4 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 such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting 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 No._"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. 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 9 documents prior to the commencement of work shall not waive the Contractors obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law. Contractor shall defend (at Contractors 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 attomey fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractors employees Included), for damage to property, including property owned by City, from any violation of any federal, state, 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 Contractors 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. Contractors 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. 6.2 Design Contract Services Indemnification and Reimbursement. If the Agreement is determined to be a "design contract services agreement" and Contractor is a "design contract" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law. Contractor shall indemnify, defend (at Contractors 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-contract 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 6.1 in favor of the Indemnified Parties. In addition,Contractor shall require all non-design-contract 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. 7. REPORTS AND RECORDS 7.1 Accountino Records. Contractor shall keep complete,accurate,and detailed accounts of all 10 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 to 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. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason. Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered 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 of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all Its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 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. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractors performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3)years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted bath as to 11 validity and as 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. 8.2 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. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10)days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity,or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement.City may,after compliance with the provisions of Section 8.3A,take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractors liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,condition,or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies 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 and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it,at the 12 same or different times,of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity,to cure,correct,remedy or recover damages for any default,to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees,expert contractor fees,court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty(30)days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 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. 9.3 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 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement,statutory or otherwise: 13 A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement,or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same,and provided such suit or claim arises out of, pertains to,or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1)City's alteration of a deliverable,such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2)the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement In the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim,Contractor,at no expense to City,shall obtain for City the right to use and sell the item,or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 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. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested,or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(I)the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting by the United States Post Office if by mail;or(III)when sent if given by facsimile. Any notice, request,demand, direction, or other communication sent by facsimile must be confirmed within forty- eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages,and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm Springs Attention:City Manager&City Clerk 3200 E.Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760)323-8204 Facsimile: (760)323-8332 To Contractor: O'Linn Executive Security Services 1027 S. Palm Canyon Drive Palm Springs, CA 92264 Attention: Richard J.O'Linn Telephone:868-654-6648 Facsimile: 760-320-4743 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties 14 and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.. 10.5 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction,such provision shall be ineffective only to the extent of such prohibition or invalidity, without Invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the Invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit of the Parties'successors and assignees. 10.6 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. 10.7 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. 10.8. Corporate Authority. Each of the undersigned represents and warrants that(i)the Party for which he or she is executing this Agreement Is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party forwhich he or she is signing,(III)by so executing this Agreement,the Party for which he or she is signing is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 15 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. „CITY" City of Palm Springs Dale: C B David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST By. By: Jeffrey S.Ballinge A hony Mejla City Attorney City Clerk APPROVED nY COUNCIL APPROVED BY CITY COUNCIL: A%j' BY 3� �I u Y 20Z6 Date: Agreement Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: �'��,do l x� rs„rsvtt,y I Check one:_Individual_Partnerships Corporation Address 113'r\ By c By�*����U� / Sig at a(Notarized) Signature(Notarized) 16 EXHIBIT'A" SCOPE OF SERVICES SCOPE OF SERVICES: 1. The Contractor shall provide all labor,supervision,equipment and materials necessary for monitoring, testing, maintain and repairing City-owner fire and security alarm systems that are monitored via phone line, internet,wireless or the AES Radio Network;all as described herein. 2. The City currently has approximately Fifty Two(52)facility sites/locations with Life Safety systems that require monitoring, testing and maintenance. Locations may be added or deleted at the direction of the Director of Maintenance and Facilities as may be necessary throughout the term of the agreement by administrative action,per the provision of Section 2.3 of the agreement. 3. Station monitoring. The Contractor will prepare their system for station monitoring and the ability to connect with the AES Radio Network.This will include any needed equipment(i.e.: Radio Frequency Transponders)so the systems can be monitored by the Contractor.The AES Radio devices are the property of the City, however the Frequencies are a mixture of non-proprietary and proprietary to the contractor. The City will compensate the contractor separately for the cost of reprogramming any device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at the sole discretion of the Contract Administrator.The Contractor shall begin monitoring of all specified systems at the start of the contract. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security,is activated.Contractor must identify to the police dispatch which facilityllocation and the type of alarm that has been activated,fire or security, so that our public safety units respond appropriately.False alarms that are verified by the contractor are not to be reported to police dispatch. 4. Safety. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all acceptable standards for safe practices during the maintenance operation to safely maintain stored equipment,machines and materials or other hazards consequential or related to the work;and agrees to accept the sole responsibility for complying with all local;County,State or other legal requirements, including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire Alarm Code,O.S.H.A and CAL O.S.H.A.Safety Orders at all times as to protect all persons,including Contractor's employees,agents of the City,vendors,members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards in his area of responsibility at said facilities and keep a log indicating date inspected and action taken. 5. Location of City-Owned or Operated Security and Fire Detection Alarm Monitoring Systems to be Monitored,Tested and Maintained: 17 ACTIVE MONITORED LOCATIONS Location Address Service Service System T s AIRPORT-USO 210N.ELCIELOROAD BURG FIRE Aden= V61a-1DSC.SE AIRPORT-CUSTOMS 31CO E TAHQURZ CANYON WAY FIRE Adeatto Vistalt}SGSe' ANGELSTADIUM 1001 BARISTOROAD BURG Atle Vmta IDSC-SE ANIMAL SHELTER 4575 E MESQUITE AVE. BURG FIRE Hon ? G=e-w9117030 BARISTO PAMNG STRUCTURE 275 S.INDIAN CANYON DR. FIRE Simplex Genell`rn!4010 BELARDO(DOWNTOWN) 101 N BELARDO ROAD FIRE Bosh AES129550 GARAGE BOXING CLUB(COOLING 45 S.EL CIELO ROAD BURG Honeywell Alpha 0150 RF CENTERI CITY HALL 3200 E TAHQUITZ CANYON WAY FIRE Hcney vell 5820)(Lf1223700 CITY HALL-PANICS 32N E 7A1 AUITZ CANYON WAY PANIC WIFI Directly to Mtadmum CITYYA.RD 425 N.CIVIC DR. FIRE BURG Nc:iier4803 CITY YARD-PANICS 425 N.CIVIC DR. PANIC WIFI Directly to Maximum CITY YARD-FLEET OPERATIONS 459 N CIVIC DR. BURG Rod cs 8112 CITY YARD-FLEET OPERATIONS 459 N.CIVIC DR PANIC WIFI Directly w Maximum PANICS CO GENERATION MUNI 205 N.EL CIELO ROAD FIRE F=e re05820X11EVS CO GENERATION SUNRISE 403 S.PAVILLION WAY FIRE Honywei 592DXLrEV3 CONVENTION CENTER 277 N.AVENIDA CABALLEROS FIRE WIFI cirectlIf to Maximum COUNTY FIRE STATION(OLD NIPS 63-775 Q11ON RD- BURG AES Inte2inet FIRE STATIONI DEMUTH COMMUNITY CENTER 350I E MESQUITE AVE. BURG FIRE Slient Nnight5104B DEMUTH COMMUNITY CENTER- WIFI PANICS PANIC Directly to Maximum DEMUTH FIELD 4375 MESQUITE AVE BURG NoOer PCI832 DEMUTH FIELD M CONCESSION 4375 MESQUITE AVE. BURG`Sectaity FIRE No:iSer PCiS32 DESERTART CENTER 550 N.P.ALM CANYON DR. FIRE DESERT HGHLAND CTR 490 TRAMAEW RD. FIFA 5104E DESERT HIGHLAND CTR GYM 480 TRAMAEVI RD. BURG PIPE Hon- e&Fvn4ce MS-51.10 DESERT HJGHLAND CENTER 480 TRA&MEW RD. BURG FIRE Honeywell FvNrce MIS-5UD LIBRARY DESERT HIGHLAND-PANICS PANIC WIFI Directly to M.Wmum 03 EDOM HILL 7D-75CO VA RNE.R RD. BURG FIRE KXEYASI MEMCO VIit3 32F8'AES FIFE STATICiN R. 1303 S.LAVERNE'NAY BURG Nim AIIO-TO EE INSTALLO FIRETRAWIG 30D E.A.LEJORD. BURG AAe.'6COV15t320P K 1100 VELLA ROAD F1RE HxcryaEt VtS'32C'P . c LEISURE CENTER LDi S_PAVILION WAY EUg FIRE mmeywev ISAent K9'ogmi CX20E.6150 LEISURE CENTER =D1 S.PAVILION NAY PANIC WIN Di m'PmA63' PA.VILLION tDI S.PAVILLION WAY FIRE SLvM Kricr.5WJB NMIN USF.ARY 3CO S.SUNRISE NAY BURG FIRE MAIN UB.RARY CENTER 3C0&SUNRISE WAY FIRE BURG Ha1eyAsn I szol Knlpl+5:420E 16150 PALM CANYON THEATER S35 N.PALM CANYON DR. FIRE BURG A6 moo VI=32FB PtAZ&THEATER 123 S..PALM CANYON D.R. BURG FIRE =mfvgl3It CP4co POLICE DEPARTMENT 20 S.CIVIC DRIVE FIRE NDG.er-103I FXIL*=4f W IMI IA1to PI.".SE Hacn S12R POLICE SPIDER SHACK 2C0&CIVIC DRIVE FIRE St121it KrYant 5700 POLICE SUBSTATION tM S MOM CANYON BURG FIRE Adamco 56110 SUNRISE PLAZA SNLV7 CTR 4'01 S.PAVILION WAY BURG AW7=4110 TAOUIT_CREEJL .NAJ%4TENA)nE tE85 GOLF CLUB DRIVE BUR" AdErwo VI t3-20P TAQUrrZCREFXPROSHOP.r-A.RT 1SW GOLF CLUB DRIVE BURG Aoemoo Vl=-20P TA011ITZ GOLF CLUBHOUSE laWGOLFCLU3DRNE FIRE BURG H]Nvy Well NI AES VYr'.332r-US ` TRADITIONS f"v-STAUR,3Nf 1555 GOLF CLUB DRIVE BURG VILLAGE GREEN-CORriELLA r.3 S.PALM CANYON D.R. FIREa BURG V iKTE HO'.f`iE GP--A*,l.-Efts VILLAGE GREEN-NJ.CCALUJM M1 S.PALM,CANYON DR. FLREa BURG Hp1cy+'RD V15P ADOEE MUSEUM SPRINKLERS VILLGE C-RE-4-AGUA CA'JEN,E 219 S.PALM CANYON DR. FL=wb BURG H7n?ynel V30?SE MUSEUM SPRI NKLE?S VT.LGE C,tEEN-RUDDYS "—I S.PP-LT,CANYON Da FIRE& BURG :Laawlks Omeg=m 0E112 GENERA-1 STORE SPRIW—ERRS VISITORS CE'YER 2501 N.PALM CAIWON DR_ BURG AJ,=c\ASM-1Cw�Z VNELVIO00 MU.F!RAY N.EVIO.RNAL 10 S_PALIA CANYON DR. BUR.^, FIRE A-Iff= 111UDL L13R4RY t•IEL 1000 MURRAY MOMO?IAL 1CA vi PALMCASYON DR. PANIC VYIFI DirVZy OD'ProM=Y LIBRARY-PAJNICv 10 6. The Contractor must possess the following current and valid licenses and registrations: a. Alarm Company Operator's License from the Bureau of Security and Investigative Services (BSIS); b. Alarm Company Managers License for the contractor's manager; registrations for employees performing on-site services as Registered Alarm Agents with BSIS; c. Fire Alarm Technician Certification(Blue Card)for at least one employee; d. C-10 Electrical Contractor's License. Licenses must be maintained during the entire term of the agreement and contractor shall perform all services in compliance with any and all applicable laws, codes, and regulations,including NFPA 72. 7. All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed.Contract Administrator must approve the cost of repairs In advance and no changes shall be made without approval from the Contract Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.Failure to obtain written approval to make repairs or allow inspections by the City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized repairs. 8. EMPLOYEES OF CONTRACTOR.Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs without cause, and without regard to the basis upon which such decision shall be made. 9. NON-INTERFERENCE. Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the latest possible obstruction in inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 10.BUILDING SECURITY.It shall be the responsibility of the Contractor to assure that all his supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards.The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment and property. 11.SCHEDULING OF SYSTEM TESTING. The Contractor shall provide a schedule to the Contract Administrator for locations to be tested and gain access to City facilities. Regular testing must be scheduled in advance and performed between the hours of 7:00 A.M.and 3:00 P.M., Monday through Friday. Any alternate hours or days must be approved in advance, in writing, by the Contract Administrator. Contractor must notify City staff 48 hour in advanced of any scheduled testing. 12.WARRANTY.The Contractor shall fully warrant all new materials used in the course of this Agreement installed by Contractor, including without limitation, any optional equipment purchased by the City under the terms of this Agreement, against poor and inferior quality equipment and materials for a period of not less than the period of time warranted by the manufacturer from the date of final acceptance of material/equipment by the City. Contractor shall repair or replace inoperable material/equipment in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable material/equipment. Contractor is not responsible for warranty of equipment already ownedfinstalled in City facilities. Any newly installed equipment shall be non- proprietary. 13.NOTICE TO PROCEED.A Notice to Proceed will be issued upon receipt of all required certificates of insurance and fully executed contract documents. Contractor shall receive an original duplicate copy 20 of the fully executed agreement and a City issued Purchase Order for the proper submission and processing of invoices for the monthly monitoring, testing and maintenance services. Separate Purchase Orders shall be issued for additional work above and beyond the base monthly monitoring, testing and maintenance cost. See"Compensation", Item 94, page 17. 14.COOPERATION BETWEEN CONTRACTORS.The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications. When separate agreements are let within the limits of any one project, each contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her agreement and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience,delays,or loss experienced because of the presence and operations of other contractor working within the limits of the same project. 15.DAMAGE.The Contractor shall be held responsible for any breakage,damage,loss of City equipment or supplies through negligence of the Contractor or his employees while working on the City's premises. No product, supplies, or equipment shall be used by the Contractor which is injurious or damaging to any surface which they are applied or exposed.The Contractor shall be responsible for restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall immediately report to the Contract Administrator any damage to the premises or furnishings resulting from services performed under this Agreement. Any and all work, including installations and/or repairs performed in any of the City's Historically Classified buildings, must be proposed in writing for authorization prior to the commencement. Additionally City staff must be present for the work being performed. Pursuant to Section 5.0 Insurance, Indemnification and Bonds, the Contractor shall be liable for any loss or damage City or third parties due to Contractor's failure to properly maintain monitor the City owned fire and security systems described herein. 16.AUTHORITY OF THE CITY Subject to the power of authority of the City as provided by law in this Agreement, the City shall in all cases determine the quantity, quality and acceptability of work, materials and supplies for which payment Is to be made under this Agreement.The City shall decide the questions which may arise relative to the fulfillment of this Agreement or the obligations of the Contractor thereunder. 17.TERM.The tens of this Contract will be for three(3)years with two(2)one(1)year optional extensions at the mutual written consent of the parties. 18.HOURS OF WORK. Normal hours of work for routine maintenance work are Monday through Friday, 7:00 AM.to 3:00 P.M. Some facilities have different operation hours and Contractor will obtain written pre-approval from the Contract Administrator to perform any work at any location outside of the hours as described above. SPECIAL REQUIREMENTS: 1. The Contract Administrator for this Contract is the Director of Maintenance and Facilities, or an authorized representative. 21 2. The requirement for a Performance Bond and a Payment Bond is waived for this Contract. COMPENSATION: 1. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with the specifications and will accept as full payment therefore the amounts indicated on the Pricing Sheet attached hereto. a. For all monitoring services which the Contractor is obligated to perform the City shall pay to the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice shall be submitted itemizing each location monitored as provided in the Pricing/Bid Schedule. Annual Systems testing may be scheduled and staggered with approval by the Contract Administrator. For any testing services performed in a month,the cost as per the Pricing/Bid Schedule may be included on the following month's invoice AFTER the testing has been performed and the NFPA-72 completed form per site submitted and approved by the Contract Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE UNDER ANY CIRCUMSTANCE. b. Payments shall be made upon submittal of a detailed monthly statement to the Contract Administrator. Invoices should be submitted within two weeks following the end of a billing period defined as a calendar month. c. Contractor shall maintain and keep current a daily report form that records all work performed by Contractor's personnel.Said report shall be in a form and content acceptable to the Contract Administrator and shall be submitted to the Contract Administrator concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Contract Administrator. 2. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by reasons of such additions or deletions by the City. The amount of additional (or reduced) compensation paid to the Contractor for additional (or removed) systems shall be determined as follows: a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the Contractor of the materials and labor required and approved by the City for such extra work, plus ten percent(10%)as compensation for all other items or profit and costs or expenses. 3. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will invoice the City separately from the monthly or quarterly maintenance/monitoring charge for any labor,parts,materials and components used in the course of the Agreement that are above the base contract. The Contractor shall invoice the City at the contractor's cost for all parts and components(including smoke detectors)used in the course of the contract that are above the base contract,and at the Hourly Labor Rate as provided in the Bid Schedule. These shall be processed by separately issued Purchase Orders by the City to the Contractor. All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed.Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contract Administrator.All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator.The Contract Administrator or their designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written approval to make 22 repairs or allow inspections by the City's Contract administrator shall result in rejection of invoices and non-payment for unauthorized repairs. PERFORMANCE: 1. TESTING. All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations. The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying that the required tests were performed,with his/her monthly statement.The Contractor may,with the City's approval, stagger the testing of systems so all systems are not being tested at the same time. The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm Test Log.Testing includes Communication and all devices,including,but not limited to Strobes,Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures are to be followed. Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72 requirements is NOT part of the scope of work of this contract and these tests will be performed by others. For any system where a proprietary manufacturer requires their assistance and cooperation with the Contractor for the testing of their equipment, the City shall pay the proprietary manufacturer directly for their services. 2. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any needed parts or materials. 3. STATION MONITORING. The Contractor shall begin monitoring of all specified systems at the start of the Agreement. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security, is activated. Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated,fire or security,so that our public safety units respond appropriately. False alarms that are verified by the contractor are not to be reported to police dispatch, 4. RESPONSE TIME a. Trouble & Reset" Calls shall be defined as those calls requiring investigation and reset of a malfunction within the system.The Contractor shall respond to all trouble and reset calls within on(1)hour. b. Respond shall be defined as making direct contract with the Contract Administrator or designee, and if required by Contract Administrator or designee, Contractor shall dispatch a technician to the site. c. Major Repairs shall be defined as repairs requiring the replacement of system components. The Contractor shall respond to major repair calls within twenty-four(24)hours. d. The Contractor shall supply and put in place"like"substitute equipment if and when the existing equipment cannot be repaired within twenty-four(24)hours. 5. LIQUIDATED DAMAGES: Liquidated Damages do not apply to this Contract. 23 EXHIBIT"B" CITY'S INVITATION FOR BID INVITATION FOR BID IFB 20.02 PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES BID DUE DATE: TUESDAY, FEBRUARY 25,2020—3:00 P.M. TABLE OF CONTENTS: THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE TABLE OF CONTENTS............................................................................................................. 1 NOTICE INVITING BIDS.........................................................................................................2-3 BIDDER'S CHECK LIST.........................................................................................................4-5 TERMS AND CONDITIONS...................................................................................................6-10 SPECIFICATIONS ..............................................................................................................11-18 ATTACHMENT"A"PAGE 19 MUST BE SIGNED.....................................................................19 ATTACHMENT"B"CONFLICT OF INTEREST&NON-DISCRIMINATION CERTIFICATION PAGE 20 MUST BE SIGNED...........................................................................................20 ATTACHMENT"C"PUBLIC INTEGRITY DISCLOSURE FORM PAGE 24 MUST BE SIGNED......................................................................................21-25 BID BID PAGE, PAGE 28 MUST BE SIGNED.....................................................................26-28 EXHIBIT"A"—REFERENCES .................................................................................................29 EXHIBIT"B"—AFFIDAVIT OF NON-COLLUSION, PAGE 30 MUST BE NOTARIZED.............30 BIDDERS GENERAL INFORMATION.................................................................................31-32 BIDBOND FORM- .................................................................................................................33 WORKERS COMPENSATION CERTIFICATE—......................................................................34 SUMMARY OF INSURANCE-............................................................................................35-37 SAMPLE CONTRACT AGREEMENT..................................................................................38-59 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. STREET ADDRESS: City of Palm Springs Procurement&Contracting 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 24 NOTICE INVITING BIDS IFB 20-02 PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITES BID DUE DATE: TUESDAY, FEBRUARY 25, 2020—3:00 P.M. NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified contractors to: PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITES SCOPE OF WORK: The City of Palm Springs requires a properly licensed and qualified contractor to furnish all labor, equipment, materials, and supervision to provide Fire and Security Alarm monitoring, testing, maintenance and repair services for multiple city facilities and locations. CONTRACTORS LICENSES: Contractor must possess the following current and valid licenses and registrations:Alarm Company Operator's License from the Bureau of Security and Investigative Services (BSIS); Alarm Company Managers License for the contractor's manager; registrations for employees performing on-site services as Registered Alarm Agents with BSIS; Fire Alarm Technician Certification (Blue Card) for at least one employee; and a C-10 Electrical Contractor's License. Licenses must be maintained during the entire term of the agreement. Copie(s) of licenses must be submitted with your bid. The City of Palm Springs is a Charter City and subject to prevailing wage for projects estimated at$15.000.00 and above for this type of project CALIFORNIA WAGE RATE REQUIREMENTS: The selected firm must pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California forthe locality where the work is to be performed. The selected firm must furnish electronic certified payroll records directly to the Labor Commissioner(via the Division of Labor Standards Enforcement). As a condition of award or after April 1,2015,the contractor and any subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the California Labor Code. A copy of said wage rates is available on-line at: www.dir.ca.gov/dlsr/DPreWageDetermination.htm The Contractor and any sub-contractor's shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. Bids will be received until Tuesday,February 25,2020 at 3:00 P.M.,local time at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to the address above. BID BOND: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to 25 whom the Work is awarded fail to furnish the required proof of insurance and enter into a Contract Services Agreement with the City within the period of time provided by the IFB's requirements. The City of Palm Springs reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids.Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mall, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Availability of Documents: Bid Documents and Specifications may be obtained from the Procurement Office by calling (760) 322-6374 or via the Internet at the following address: http://www.13almspringsca.gov click on"Government","Departments"and go to"Procurement","Open Bids". NOTE: If you downloaded this bid via the internet at the address above, contact Leigh Gileno, Procurement Specialist II via email at Lei¢h.Gileno@palmsprinesca.eov to be placed on the bidders list for this specific proiect and provide your company name, contact person, contact email address, office address, office phone and alternate phone(mobile). Failure to be placed on the bidders list as slated above may result in not receiving addenda to the IFB. 'Note—Being placed on the vendor list for this specific proiect is a separate process and not the same as registering online in our general vendor database. Leigh Gileno Procurement Specialist ll January 22,2020 26 INVITATION FOR BIDS(IFB 20-02) BIDDER'S CHECK LIST INSTRUCTIONS TO BIDDER: I GENERAL: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation for Bid,only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. 11 REQUIRED DOCUMENTS FOR BID: Bids MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLYTHOSE ITEMS MARKED BY AN"X"ARE REQUIRED. X Attachment"A"Signature Authorization Page, Page 19 must be signed. X Attachment"B"Conflict of Interest&Non-Discrimination Certification, Page 20 must be signed. X Attachment "C" Public Integrity Disclosure Applicant Disclosure Form, Page 24 must be signed. X Bid Bid page 28,must be manually signed. X Erasures or other changes made to the Bid Bid Pages must be initialed by the person signing the Bid. X References form, page 29,must be completed. X Affidavit of Non-collusion by Contractor farm, page 30, must be manually signed and countersigned by a Notary Public. X All Addenda issued shall be acknowledged in the space provided on Attachment"A", page 19. Failure to acknowledge all Addenda may render your Bid non-responsive. X Bid Bond, Certified Check, Cashier's Check, Money Order or Cash shall be submitted with the Bid In the amount Indicated. Page 33 must be executed and notarized as indicated, if applicable. X Deviations from Specifications: It is understood that the product offered by the Bidder will meet all requirements of the Specifications in this Invitation for Bids, unless deviations there from are clearly indicated in an attachment headed"Deviations from Specifications"submitted and signed by the Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which a deviation is indicated, giving in detail the extent of, and reason for, the deviation. The City shall determine if a deviation is acceptable or not. 27 X Bidder shall submit with their bid full descriptive data,including product specifications,general drawings(if applicable),brochures,and any other Information on the material proposed in this Invitation and as requested in the detailed Specifications. X Copies of ALL OF the following current and valid licenses: • Alarm Company Operator's License(BSIS) • Alarm Company Manager's License for the contractor's,manager • Proof of Registered Alarm Agents(BSIS)for employees of contractor working on-site • Fire Alarm Technician Certification (Blue Card) for at least one employee performing Fire Alarm repairs. • C-10 Electrical Contractor's License • Current Business License from a jurisdiction in the Coachella Valley(this is required ONLY if you are requesting Local Preference(see#27 under Terms and Conditions). 28 CITY OF PALM SPRINGS IFB 20.02 PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number, time and date of opening. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety(90)days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to award to the lowest responsive responsible bidder or to reject all bids,as it may best serve the Interests of the City. Furthermore,the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly,or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid, as it may best serve the interests of the City. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall fumish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein. 5. The decision of the Palm Springs City Council, or their designee if applicable, will be final. It is anticipated that City Council,or designee if applicable,will award the bid at their regularly scheduled meeting following the closing date for receipt of bids. 6. Bidder's signed bid and written acceptance by the City (purchase order) shall constitute an agreement. 7. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bid. 6. The price quoted by the Bidder in his/her bid shall include any and all applicable sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 9. Bidders may submitQnU ONE (1) bid In response to this IFB. You many NOT submit multiple bids. 10.When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 11.Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public. 29 12.QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee:or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a Bid. No questions shall be answered via an addendum until after the walk through. AhM questions,technical or otherwise, pertaining to this Invitation for Bid must be submitted M WRITING and directed ONLY to: Leigh Gileno—Procurement Specialist II Procurement&Contracting Dept. 3200 E.Tahquitz Canyon Way, Palm Springs CA 92263 Or E-mailed to: Leigh.Gileno@aalmsprinasca.¢ov Or Faxed to:(760)323-8238 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all Questions is 3:00P.M.. Local Time, Day, February 18, 2020, Questions received afterthis date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY AND THEREFORE IS NOTABLE TO ACCEPT. TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAY$ (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITrAUBfD BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. 13. Notice of Award: After award of the Bid by the Palm Springs City Council if necessary, a Notice of Award letter and/or Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all Certificates of Insurance, Bonds, if required, within fourteen (14)calendar days. 14.Business License: The successful bidder will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled"Business Tax". 15.The Bidder agrees that the City has the right to make the final determination as to whether the materials has been satisfactorily delivered, installed and meets the acceptance criteria as defined in the Bid documents. 16.Performance: Time is of the essence in the performance of the work. Performance schedule may be a factor in award of bid and may be cause for resection, as determined by the City. 17.Warranty: The successful Bidder shall fully warrant all product including without limitation against any poor or inferior quality product Installed or replaced for a period not less than one(1)year from the date of final acceptance of the product by the City The successful Bidder shall replace product in a timely manner so as to minimize the possible disruption of City operations resulting from said product. Where applicable, all bids shall be accompanied by a copy or description of the manufacturer's warranty for the items(s) proposed and evidence that such warranty is assignable to the City. 30 18.Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to.the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause,it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 19. Termination for Convenience: The City may, by written notice stating the extent and effective date terminate any resulting order for convenience in whole or in part,at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City,with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 20.Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for Such performance. 21. Affidavit of Non-Collusion and References: Bidders are required to file an-Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. Bidders are also required to provide References. The forms are included in the Bid package as"Exhibits A and B". 22.Bidder Responsibility: The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 23.Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 24.Bid Bond: Each Bid must be accompanied by rash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent(10%)of the amount Bid(maximum award value of lump sum total). Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. 25. Performance Bond and Insurance: WAIVED calendar:days-after:-Notice-af-Award, a-P-edomtance-Bond4n-the-sum-d4lie-amount-of-the AgFeemei:it. The AugnApqful RiddAF shall FsaiRtain the validity and enfemement of said hand to 31 RSuraRGe as peF the instFUGtiens nentalned-herein 26. Payment Bond: Payment/Labor and Materials Bond WAIVED. shall—fumish- hin 44 calendar days aft teriats validity a�idbeRd for the duratieR of the GeRtract-. 27. Local Preference: Pursuant to the City of Palm Springs Local Preference Ordinance 1756, the term "Local Business" is defined as a vendor, contractor, or Consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or bid opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley"is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition,"Coachella Valley"includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. In the bidding of, or letting for procurement of, supplies, materials,and equipment,as provided in Ordinance No. 1756, the City may give a preference to Local Businesses in making such purchase or awarding such contract in an amount not to exceed five (5%) percent of the Local Business' total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the Solicitation. In order for a Local Business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see cost Bid pages) and provide a copy of its current business license from a jurisdiction in the Coachella Valley. 28. Payment Terms-The standard terms at the City of Palm Springs are Net 30 days. 29. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations therefrom are clearly indicated in an attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken.The City of Palm Springs will be the sole judge as to whether any deviations or exceptions will be approved or accepted. 30.Non-Discrimination Certification: 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 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city 32 contracting. Failure or refusal to enter into an.Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer,and so on. 31. Other Public Agency"Piggyback Clause": It is Intended that any other public agency,at the mutual consent of both parties and consistent with the public agency's policies and procedures, be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders,arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies. 33 CITY OF PALM SPRINGS IFB 20-02 PROVIDE ALARM MONITORING AND MAINTENANCE SERVICES PURPOSE,SCOPE OF WORK,AND SPECIAL CONDITIONS: SCOPE OF SERVICES: 19.The Contractor shall provide all labor, supervision, equipment and materials necessary for monitoring, testing, maintain and repairing City-owner fire and security alarm systems that are monitored via phone line,internet,wireless or the AES Radio Network; all as described herein. 20.The City currently has approximately Fifty Two (52) facility sites/locations with Life Safety systems that require monitoring,testing and maintenance.Locations may be added or deleted at the direction of the Director of Maintenance and Facilities as may be necessary throughout the term of the agreement by administrative action, per the provision of Section 2.3 of the agreement. 21.Station monitorina.The Contractor will prepare their system for station monitoring and the ability to connect with the AES Radio Network.This will include any needed equipment(i.e.:Radio Frequency Transponders)so the systems can be monitored by the Contractor.The AES Radio devices are the property of the City, however the Frequencies are a mixture of non-proprietary and proprietary to the contractor. The City will compensate the contractor separately for the cost of reprogramming any device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at the sole discretion of the Contract Administrator.The Contractor shall begin monitoring of all specified systems at the start of the contract. Contractor shall Immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security,is activated.Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated,fire or security, so that our public safety units respond appropriately.False alarms that are verified by the contractor are not to be reported to police dispatch. 22.Safety. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all acceptable standards for safe practices during the maintenance operation to safely maintain stored equipment,machines and materials or other hazards consequential or related to the work;and agrees to accept the sole responsibility for complying with all local,County,State orother legal requirements, including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire Alarm Code,O.S.H.A and CAL O.S.H.A.Safety Orders at all times as to protect all persons,including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable Injury, or damage to their property. Contractor shall inspect all potential hazards in his area of responsibility at said facilities and keep a log indicating date inspected and action taken. 23.Location of City-Owned or Operated Security and Fire Detection Alarm Monitoring Systems to be Monitored,Tested and Maintained: 34 BOOM HILL 7,04W'O VARNERR RD. BURG FIRE Mriey4VMde coV= 32FE•AES FIRES7ATIGNF.4 1300 S.LAVERNE WAY SURG NeWAM-TO BE INSTALLED FIRE TRAIMNG MME.ALEJORD. SURG Ad-MWW%9sta 20P rfuU" MuLu 1100V-m-'-A.RQAD FIRE t#3neyast Vt532CP LEISURE CENTER 4D1 S,PAMUON WAY Bug FM=- mm4petliSentiKtiTnf SK?0&E1S3 LEISUf-CENTER. 401 a PAVILUON WAY PASr WIFI Mre=y ta-PrzA"-K' PAVILUON 401 SPAVILLION WAY FIRE SrArd KNorit 5Fs1E MAIN LIERARY 30&SUNRISE WAY BURG FIRE MAIN LIERARY CENTER 30 S SUNRISE WAY FIRE BURG HMEYN-11I Mot K1119111f SIM5 1615D PALM CANYON THEATER 538 N.PALM CANYON A3 FIRE BURG AW-mWV=32FB PLAZA THEATER 128 S.PALM CANYON DFL BURG FIRE :nCKt sl Vgl3'iCCP:00 POLICE CcVARTU.ENT 200 S.CIVIC ORIVE FIRE N'mr*r AFROI F4txntlt-maim MI I Att^J ?Wfie H3hx1 E42R POLCESPIDER.MVZK 2MOS.CmC DRNE FIRE 00--MI(riatlt5T0D POLICE SUSSTATION MSSINDLW CANYON BURG FIRE Ade=54ll0 SUNRISE PLAZA SIMM CTR 401&PAVIWON WAY SURG A2eff=4110 TAOUITZCREEK NADCMNAtY'E 1 e8S CALF CLUB DIME BURG Agemm VIstn-20P TAQUITZCREEK PRO SHOP.I;ART IMS GOLF CLUB DRIVE SURG Ademeo VIst3-20P TACUITZ GOLF CLLSPIOUSE IMS GOLF CLUB DRIVE FIRE SURG Hx)--y WS51171AES VGA 32FUS TRAOITIONS RBSTAURAN'l 1£dS GOLF CLUB DRIVE SURG VILLAfaE GREEN-CORNELW FIRE d WHITE HOUSE 223 S PALM CANYON DR. SPRNIKI E mll BURG TILLAGE GREEN-MtCALLU1J 221 S.RAJA CANYON DR. FIREd ADOBE MUSEUM SPRINKLER.^, �- El1RG H:n_ dll V15P VILLGE GREEN-AGUA CAUENTF 219,PkJA CANYON DR. FIRcd MUSEUU JPRIYKLERS H7 BURG neYsel Y3NSE " 4TLLGE GREEN-RUDDYS 221 S PALM CANYON OR ME& BURG R311onlr.,Ot'I=_g213M D5112 GENERAL STORE SPRLh?CLERS 1ASITORS,CENTER 240i N.PAUM CANYON DX SURS Me=%Asm-tma WELWOCDMURRAYM�(O!UAL 10.3SPALMCAVYONDR_ BURG FIRE Acen1W 4110OL UBFLARY ' L'YOOD MURRAY MEMORIAL 1C-0S.PALM CANYON DR. PANICVtIFf DhKCy to-P10'AV UBRARY-PAhRCS cn N EDOM HILL 70-73C0VARNERRO. BURG FIR: HDm}v. t-AdEmC0Vi5t3 + 32FB'AES FIRE STATION ; 1103 S.LAVL-RNE STAY BURG :L::Add-TO BE INSTALLED FIRETRAMING WM E.ALEJO R-'X BURG AdMw M5n20P 1100VE[IFOAD FIRE t#x1eyA Ylis'a 20P LEIv^uiF CEN;ER a61 S.PKALLf0N WAY Bing ARE H:n?Fyr.+ai!! . Kst�Euf .Slso LEISURE CENTER 401 S.PAVILU04 WAY PAO= win Otrect to-Fra zEr- PAVILLICN 401 S.PAVILLION SPAY FIRE SD?r4 KiTgRt S&M 14411*4 LIBRARY 3D0 S,SUNRISE WAY BURG FIRE MAIN LIBRARY C rfet 3W S.SUNRSE WAY FIRE BURG H:tla}1x.U11 SOffihu S:R2D0 1615D PALL{CANTON THEATER S33 N.PALM CANYON DR. FIRE BURG AWN=Vita 32F5 PLAZATHEATER 428 S PALM.CANY0N D.'R. BURG FIRE :o1A=IVst=, VC 4m POLCE DEPARTM.rNT' 2m S.CIVIC 0RI'!E" FIRE. NOMF 9501)1 FIRLerxh-fii30FS _ Q011ALto PLaE Ki,' t WR POLICE SPIDER SMCK 2LM S.CitnC DRRc - FIRE saam wiviSTDD POLICE SUBSTATION 1DSSINDIAN CANYON BURG FIRE AXkaT=FAI10 SUNRISE PLAZA SIVIM CTR 401 S.PAVILLi0N WAY BURG A5«n034110 TAQUITZCRE,FA MAL'iTEltAt.*CE IM G0LF CLUB DRIVE BURG A6eMDDT;5tTc-20P TAQUITZ CREEK PR0 SHORvAART im G0LF CLUB DRRIE BURG AdemC Wts-20P TAC:UITZGCLFCLUBHOUSE tM35G0LFCLUB0R€VE FIRE BURG fiWL-YW6 U VitAESV--,a32FUS TRADIT1010 RESTMRANT 735 G0LF CLU DDRPIE BURG WLLAGE GRE N-C0RIIELV4 =3 S.PALM CANYON DR. FFRE 3 WeTE HOUSE SPRINKLERS BURG LLLAGE GREEN-M.CCALLUM 221&PALMCA`CYOND.R. MIE& BURG HcneyN?RViSP ADOBE MUSEUM SPRINKLERS MIGE GREEN-AGUACALIEWE 2 t 9 S.PALM CANYON DR. FIRE d BURG H;copal V'.OPSE WJS=-Lw SPRI 15MERS W tGE GREEN-RUDDYS 221 S.PALM CANYON DR. FIRE& BURG FXIM.mi:gala'T7 Om O6112 GENERAL STORE SPRINKLERS WSMAS CENTER 2SCI X PALM CANYON DR. BURG Ado=VlSM-1:SE 5R 4000 LiU,RRAY M .d0FS4i 11 MO PALM,CANYON C4TL. BURG FIRE_ ACEMCO 411ODL t15RARY S. I V ELIVOOD MURRAY MESIORiAL 100 a PALM CANYON D.R. PAYS MFI MMay t0'P1D'Ad:R' w I BRARY-PANICS rn 24.The Contractor must possess the following current and valid licenses and registrations: a. Alarm Company Operator's License from the Bureau of Security and Investigative Services (BSIS); b. Alarm Company Managers License for the contractors manager; registrations for employees performing on-site services as Registered Alarm Agents with BSIS; c. Fire Alarm Technician Certification(Blue Card)for at least one employee; d. C-10 Electrical Contractors License. Licenses must be maintained during the entire term of the agreement and contractor shall perform all services in compliance with any and all applicable laws, codes, and regulations, including NFPA 72. 25.All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed.Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contract Administrator.All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written approval to make repairs or allow inspections by the City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized repairs. 26.EMPLOYEES OF CONTRACTOR.Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs without cause,and without regard to the basis upon which such decision shall be made. 27.NON-INTERFERENCE. Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the latest possible obstruction in inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 28.BUILDING SECURITY.It shall be the responsibility of the Contractor to assure that all his supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards.The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel,equipment and property. 29.SCHEDULING OF SYSTEM TESTING. The Contractor shall provide a schedule to the Contract Administrator for locations to be tested and gain access to City facilities. Regular testing must be scheduled in advance and performed between the hours of 7:00 A.M.and 3:00 P.M.,Monday through Friday. Any alternate hours or days must be approved in advance, in writing, by the Contract Administrator. Contractor must notify City staff 48 hour in advanced of any scheduled testing. 30.WARRANTY. The Contractor shall fully warrant all new materials used in the course of this Agreement installed by Contractor, including without limitation,any optional equipment purchased by the City under the terms of this Agreement,against poor and inferior quality equipment and materials for a period of not less than the period of time warranted by the manufacturer from the date of final acceptance of material/equipment by the City. Contractor shall repair or replace inoperable material/equipment in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable material/equipment. Contractor Is not responsible for warranty of equipment already ownedrinstalled in City facilities. Any newly installed equipment shall be non- proprietary. 37 31.NOTICE TO PROCEED.A Notice to Proceed will be issued upon receipt of all required certificates of insurance and fully executed contract documents. Contractor shall receive an original duplicate copy of the fully executed agreement and a City issued Purchase Order for the proper submission and processing of Invoices for the monthly monitoring, testing and maintenance services. Separate Purchase Orders shall be issued for additional work above and beyond the base monthly monitoring, testing and maintenance cost.See"Compensation", Item#4, page 17. 32.COOPERATION BETWEEN CONTRACTORS. The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications. When separate agreements are let within the limits of any one project,each contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her agreement and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience,delays,or loss experienced because of the presence and operations of other contractor working within the limits of the same project. 33.DAMAGE. The Contractor shall be held responsible for any breakage, damage, loss of City equipment or supplies through negligence of the Contractor or his employees while working on the City's premises.No product,supplies,or equipment shall be used by the Contractor which is injurious or damaging to any surface which they are applied or exposed.The Contractor shall be responsible for restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall Immediately report to the Contract Administrator any damage to the premises or furnishings resulting from services performed under this Agreement. Any and all work, including installations and/or repairs performed in any of the City's Historically Classified buildings, must be proposed in writing for authorization prior to the commencement. Additionally City staff must be present for the work being performed. Pursuant to Section 5.0 Insurance, Indemnification and Bonds, the Contractor shall be liable for any loss or damage City or third parties due to Contractor's failure to properly maintain monitor the City owned fire and security systems described herein. 34.AUTHORITY OF THE CITY Subject to the power of authority of the City as provided by law in this Agreement, the City shall in all cases determine the quantity, quality and acceptability of work, materials and supplies for which payment is to be made under this Agreement.The City shall decide the questions which may arise relative to the fulfillment of this Agreement or the obligations of the Contractor thereunder. 35.TERM. The term of this Contract will be for three (3) years with two (2) one (1) year optional extensions at the mutual written consent of the parties. 36.HOURS OF WORK.Normal hours of work for routine maintenance work are Monday through Friday, 7:00 AM.to 3:00 P.M.Some facilities have different operation hours and Contractor will obtain written pre-approval from the Contract Administrator to perform any work at any location outside of the hours as described above. 38 SPECIAL REQUIREMENTS: 3. The Contract Administrator for this Contract is the Director of Maintenance and Facilities, or an authorized representative. 4. The requirement for a Performance Bond and a Payment Bond is waived for this Contract. COMPENSATION: 4. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with the specifications and will accept as full payment therefore the amounts indicated on the Pricing Sheet attached hereto. a. For all monitoring services which the Contractor is obligated to perform the City shall pay to the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice shall be submitted Itemizing each location monitored as provided in the Pricing/Bid Schedule. Annual Systems testing may be scheduled and staggered with approval by the Contract Administrator. For any testing services performed in a month,the cost as per the Pricing/Bid Schedule may be included on,the following month's invoice AFTER the testing has been performed and the NFPA-72 completed form per site submitted and approved by the Contract Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE UNDER ANY CIRCUMSTANCE. b. Payments shall be made upon submittal of a detailed monthly statement to the Contract Administrator. Invoices should be submitted within two weeks following the end of a billing period defined as a calendar month. c. Contractor shall maintain and keep current a daily report form that records all work performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Administrator and shall be.submitted to the Contract Administrator concurrent with the monthly invoicing.The monthly payment will not be made until such report is received and deemed acceptable by the Contract Administrator. 5. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by reasons of such additions or deletions by the City. The amount of additional (or reduced) compensation paid to the Contractor for additional (or removed) systems shall be determined as follows: a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the Contractor of the materials and labor required and approved by the City for such extra work, plus ten percent(10%)as compensation for all other items or profit and costs or expenses. 6. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will Invoice the City separately from the monthly or quarterly maintenance/monitoring charge for any labor, parts, materials and components used in the course of the Agreement that are above the base contract. The Contractor shall invoice the City at the contractor's cost for all parts and components(including smoke detectors) used in the course of the contract that are above the base contract, and at the Hourly Labor Rate as provided in the Bid Schedule.These shall be processed by separately issued Purchase Orders by the City to the Contractor. All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed. Contract Administrator must approve the cost of repairs in advance and no changes shall be made without 39 approval from the Contract Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator.The Contract Administrator or their designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.Failure to obtain written approval to make repairs or allow Inspections by the City's Contract administrator shall result In rejection of invoices and non-payment for unauthorized repairs. PERFORMANCE: 6. TESTING. All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations. The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying that the required tests were performed,with his/her monthly statement.The Contractor may,with the City's approval,stagger the testing of systems so all systems are not being tested at the same time. The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm Test Log. Testing includes Communication and all devices, including, but not limited to Strobes, Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures are to be followed. Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72 requirements is NOT part of the scope of work of this contract and these tests will be performed by others. For any system where a proprietary manufacturer requires their assistance and cooperation with the Contractor for the testing of their equipment,the City shall pay the proprietary manufacturer directly for their services. 7. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any needed parts or materials. 8. STATION MONITORING.The Contractor shall begin monitoring of all specified systems at the start of the Agreement: Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security, Is activated. Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated,fire or security,so that our public safety units respond appropriately. False alarms that are verified by the contractor are not to be reported to police dispatch. 9. RESPONSE TIME a. Trouble& Reset"Calls shall be defined as those calls requiring investigation and reset of a malfunction within the system.The Contractor shall respond to all trouble and reset calls within on(1)hour. b. Respond shall be defined as making direct contract with the Contract Administrator or designee,and if required by Contract Administrator or designee, Contractor shall dispatch a technician to the site. c. Major Repairs shall be defined as repairs requiring the replacement of system components. The Contractor shall respond to major repair calls within twenty-four(24)hours. d. The Contractor shall supply and put in place "like" substitute equipment if and when the existing equipment cannot be repaired within twenty-four(24)hours. 10.LIQUIDATED DAMAGES:Liquidated Damages do not apply to this Contract. 40 BID SCHEDULE/PRICING PAGES(IFB 20-02) ALARM MONITORING&MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES DUE• TUESDAY FEBRUARY 25 2020 AT 3 00 P M LOCA TIME Bidders' signed bid and written acceptance by the City shall constitute an agreement and has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this invitation. Respondina to an Invitation For Bids to provide alarm monitoring & maintenance services for various city owned facilities the undersigned bidder agrees to provide services in accordance with the specifications herein UWE Propose and agree to provide alarm monitoring & maintenance services for various city owned facilities as described herein and accept as full payment the following amount: MONTHLY MONTHLY FACILITIES MAINTENANCE STATION TOTAL COST PER MONTH TESTING MONITORING AIRPORT-USO AIRPORT-CUSTOMS ANGEL STADIUM ANIMAL SHELTER BARISTO PARKING STRUCTURE BELARDO(DOWNTOWN) GARAGE BOXING CLUB(COOLING CENTER) CITY HALL CITY HALL-PANICS CITY YARD CITY YARD-PANICS CITY YARD-FLEET OPERATIONS CITY YARD-FLEET OPERATIONS-PANICS - CO GENERATION MUNI CO GENERATION SUNRISE CONVENTION CENTER COUNTY FIRE STATION OLD NPS FIRE STATION DEMUTH COMMUNITY CENTER DEMUTH COMMUNITY CENTER-PANICS DEMUTH FIELD 1 DEMUTH FIELD 7&8 CONCESSION DESERT ART CENTER DESERT HIGHLAND CTR DESERT HIGHLAND CTR GYM DESERT HIGHLAND CENTER LIBRARY DESERT HIGHLAND-PANICS EDOM HILL FIRE STATION#4 FIRETRAINING 41 HOUSEHOLD HAZARDOUS WASTE LEISURE CENTER LEISURE CENTER PAVILLION MAIN LIBRARY _ MAIN LIBRARY CENTER PALM CANYON THEATER PLAZA THEATER POLICE DEPARTMENT POLICE SPIDER SHACK POLICE SUBSTATION SUNRISE PLAZA SWIM CTR TAQUITZ CREEK MAINTENANCE TAQUITZ CREEK PRO SHOP/CART TAQUITZ GOLF CLUBHOUSE TRADITIONS RESTAURANT VILLAGE GREEN- CORNELIA WHITEHOUSE VILLAGE GREEN- MCCALLUM ADOBE MUSEUM VILLGE GREEN- AGUA CALIENTE MUSEUM MONTHLY COST X 12=TOTAL ANNUAL COST FOR ALL SITES AND SYSTEMS$ Written in words Normal Response, Regular Business Hours, Hourly Labor Rate: (For work above base contract as per Compensation, Item 4 pg 17)=$ !hour. Emergency Response,Weekends&Holidays, Hourly Labor Rate (For work above base contract as per Compensation, Item 4 pg 17)=$ /hour. CPI INCREASE: It is understood and agreed that this Bid may not be withdrawn until ninety(90)days from the date of the opening thereof, and at no time after award of Bid. Prices to remain firm for Initial contract period of(3) three years; and two (1) one year renewal options upon mutual consent of the City and the Contractor. The unit prices shall be adjusted(decreased or increased)at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles,Anaheim and Riverside Areas. Copy of current business license is reauired to be attached to this document. (Signatures): Name of firm submitting bid Authorized signature Printed name/title 42 vntM INVITATION FOR BID oa s,P FOR ALARM MONITORING&MAINTENANCE SERVICES u FOR VARIOUS CITY OWNED FACILITIES(20-02) ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. CORRECTION OF INSTRUCTIONS AND BID DOCUMENTS TO PROPOSERS: The following correction/deletion Is being made to the Notice to Invitation For Bid(RFQ 20-02)Alarm Monitoring&Maintenance Services for various City owned facilities. DELETE THE FOLLOWING STATEMENT: 12. QUESTIONS: Bidders, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this IFB other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a Bid. No qUeStIGR8 shall be assweFed via an addendum unto!after the walk thFough. CLARIFICATION OF INSTRUCTIONS TO BIDDERS: There will be no walk through for this project BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Procurement Specialist II DATE: January 3,2020 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 43 YntM INVITATION FOR BID ° FOR • ALARM MONITORING&MAINTENANCE SERVICES p FOR VARIOUS CITY OWNED FACILITIES(20-02) �Uf L K� ADDENDUM NO.2 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and Is hereby providing answers thereto: Q 1: Page 12 and 13 are duplicates of each other and don't list all the City locations. Please note that the new fire alarm system at Fire Station#4 is being connected to the COPS radio system for monitoring by us today.This brings the total monitored locations to 55. A 1: Page 12 Is being replaced via this addendum as it was a duplicate of page 13. The Nst provided In this addendum Is the final and correct list of the 52locations(not 55)that the City wants to have monitored. The new system at Fire Station#4 Is on the list of 52 and noted as"New Add —TO BE INSTALLED"on page 13. Q 2: The IFB calls for an "Annual Systems testing" (page 16 and 17), this is also the way our current Agreement reads, but the bid schedule (page 26) calls for a monthly testing fee. Do you want the annual fee to be divided by 12 and included that way? A 2: Yes.Ali annual and semi-annual systems testing should be divided by 12 and Included In the monthly maintenance/testing bid schedule. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Procurement Specialist II DATE: February 5, 2020 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 44 ACTIVE MONITORED LOCATIONS Location Address Service 1 Service 2 System Types AIRPORT-USO 210 N.EL CIELO ROAD BURG FIRE Adefrwo Vsta103C-SE AIRPORT-CUSTOMS 3108 E TAHOUITZCANYON WAY FIRE Ade Vste-IOSC-SE ANGELSTADIUM 1901 BARISTO ROAD BURG - Ade VWs IDSC-SE ANIMAL SHELTER 4T75 E.MESQUITE AVE. BURG FIRE Pa* well Gamewetl 17D60 BARISTO PARKING STRUCTURE 275 S.INDIAN CANYON DR. FIRE Sim Iex Gr6xe9Tnm4010 BELAROO(DO:VNTOWN) 101 N BELAROO ROAD FIRE Bash AES12WO GARAGE BOXING CLUB(COOLING 225 S.EL CiELO ROAD BURG Hai 510 RF TE CENR) end AI! - CITY HALL 3200 E.TAHQUIT2 CANYON WAY FIRE Honeyae05820WIM570D CITY HALL-PANICS 3200I-TAHQUrT2 CANYON WAY PANIC WIFI Duet to Mayimum CITY YARD 425 N.CIVIC DR. FIRE BURG N065er4800 CITY YARD-PANICS 425 N.CIVIC DR PANIC WIFIDTr e- to Maim CrTY YARD-FLEET OPERATIONS 459 NCIVIC OR _ BURG 2112 CITY YARD-FLEET OPERATIONS 4%N.CMCOR PANIC WC-iD- tnMaim PANICS n�Y om CO GENERATION h(uNt 205 N.EL CIELO ROAD FIR--- Honeymn Ssz0XLEvs CO GENERATION SUNRISE 403S.PAViLUON"WAY FIRE Hanoyaei15327XUtV^s CONVENTION CENTER --R N.AVENIDA CABALLEROS FIRE WIFI Diresll to hLa i _ COUNTY FIRE STATION{OLD NPS FIRE STATIONl d3.775 OtLLON RD, BURG AES EcdzEinEt DEMUTH COMMUNITY CIBITER MI E.MESQUITEAVE BURG FIRE Stint Krdght51M DEMO i H COMMUNITY CENTER- PANICS PANIC 4YER Deb hL:riman DE4UTH FIELD 4375 MESQLI-,-=AVE BURG NoLwPC1832 DEMUTH FIELD 7&S CONCESSION 4375 MESQUITE AVE. �IS� FIRE Notirw PCie32 DESERT ART CENTER 55D N.PALM CANYON OR FIRE DESERT HIGHLAND CTR 481)TRAMWEIN RD. FIRE 5ID4S DESERT HIGHLAND CTR GYM 490 TRAhN1EW RM BURG FIRE F=evweg Fcez-ftl MS-5iA DLIBRAF.YESERT HIGHLANDCENTER 480TRA41VISVRD. BURG FIRE HD ey&eU F¢e{ce MS-SIRS DESERT HIGHLAND-PAN'CS I PANIC WM- i to hladcrosn Ln V PALM S INVITATION FOR BID w FOR .t- ALARM MONITORING&MAINTENANCE SERVICES \_ FOR VARIOUS CITY OWNED FACILITIES(20-02) C11,FOOL ADDENDUM NO.3 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and Is hereby providing answers thereto: Q 1: How much is the city currently paying for monthly burglary alarm maintenance? How much Is the city currently paying for monthly fire alarm maintenance? How much is the city currently paying for monthly burglary alarm monitoring? How much is the city currently paying for monthly fire alarm monitoring? Al: The City Is currently paying$15,642.72 annually for Maintenance and Monitoring which Is Inclusive of all CPI adjustments from the original awarded contract amount In November 2014. Attached to this addendum Is the breakdown In cost for monitoring and maintenance prior to any CPI adjustments from the original contract. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Procurement Specialist II DATE: February 10,2020 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your Bid. Failure to acknowledge this Addendum may result in your Bid being deemed non-responsive. 46 EXHIBIT"C" CONTRACTOR'S BID ,ATTACHMENT"A" IFS 20-02TALARM MONITORING S MAINTENANCE SERVICES FOR VARIOUS'CRY OWNED FACILITIES *NOTE, THISFORMMU T-BE COMPLETED AND INCLUDED WITH YOUR BID SIGNATURE AUTHORIZATION NAME OF COMPANY(BIDDER):.O'Linn Bxeeutive Secutit Service BUSINESS ADDRESS: 200611 aticoy t., 205, inner a; 6X 91306 TELEPHONE: 760.883.0046 CELLPHONE: 818.535.494 FAX; 818.707.8693 CONTACT PERSON�a_r_r`U'Linn EMAILADDRESS: a unsecur y@ho mai .com A. 1 hereby certify that 1 have the authority to submit this Bid to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bled myself/this company in a contract should I be successful in my Bid. chard J. O'Llykn, President E AND TITLE Jan. 28. 2020 SIGNATURE AND DATE B. The following information relates to the legal Bidder listed above.whether an Individual or company.,Plans check marks as appropriate: 1. If successful,the contract language should refer to melmy company as: —An individual; _A partnership,Partners names:, CYLoi Cx we �oa� A company; =A corporation Ifa cbrporadon,organized In the state of. CA My tax identification number is: 77-0203492 Please check below IF your firm qualifies as a Local Business as defined In the IFB: i A Local Business(licensed within the jurisdiction of the Coachella Valley), Copy of current business license Is required to be attached,to this document ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB Is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided below,please acknowledge receipt of each. Addendum:Addendum(s)#_ 1 -3 Islare horebyacknowledged. .LATE BIDS WILL NOT BE ACCEPTED-NO EXCEPTIONS[ 19 47 @'LinnEXECUTIVE BECUI2ITY BEE I B C 0 12 P 0 D A T 9 D February 22,2020 City of Palm Springs Office of Procurement and Contracting 3200 E.Tahqult2 Canyon Way Palm Springs,CA92262 RE Imitation for Bid IFS 20-02 Provide Alarm Monitoring and Maintenance Services for Various City Owned Facilities. Dear Procurement and Contracting, O'Unn Executive Security is pleased to provide this Bid for Alarm Monitoring and Maintenance Services for Various City Owned Fadlities. In accordance with the bid specifications,I am.requesting-preference as a:Local Business.Attached is a, copy of my local Palm Springs business license. I hope that my bid meets with your approval and that O'Um Executive Security may commence service as peryourspec' W. Respectf yyou , Richa O'Unn CEO(O'Unn Executive Security (818)707.4597 ollnnsecurity@hotmail.com. "Protection Thru Prevention°Since 1980(888)OUNN4U(654-(5648) M OLA002583 PA008219 602489 20061 Saticoy Strcct•Winnctka,California 91306 •m888.654.6648 Ym818.707.8693 027 S.Palm Canyon Drive•Palm Springs,CA 92264 • 3EL 888.654.6648 FAx 760.320.4743 48 m a ` 1 CITE OF PA►LM1,NRINGS BUSINESS LICENSE 3200 E TAHQUITZ CANY WAY,PALM SPRINGS,CA 92262(760)323-8289 3 ri ,PLEASE'NOTETHATITISYOUXRESPONSMILITYTOMMW ANDUPDATETHIS<UCEN.SEANNUALLY. BtT3INESS NUMBERS 20017099 +rr; <T ' P7IE'IRATION' TA.VADM[N.FEE CERTNO 'F BUSINES§TYPE ALARM INSTALL SVC REPAIR OI131i202F i , 21.00 64975 OWNERNAhi6: ' RICHARDJ O:L1NN OIf31/2021+; 133.00 64977 = 0I13112021' 4.00 64978 AusuwM TlVg SECUTIRY ALARM BUSINESS ADDRESS 142I S PALM CANYON DR a 5 �r P+SI2d S�(fS to 922b4+rt, i.tS,S.�f�If�'�� OI�NERECUTP✓ESECI�TIRY,ALARM# tsstteNceos Tuts Lima noesxor errrtT> + yy ' I CANYON F' -, _ s i7�iaeF,wseezporEanT$oR nernArn ;.{` BOSI M IN YIOLAMON'60 MNY dMER LAM ':ORORDWANCE. TIDSISNOTANENDORSEI"T c ,' AFTOEACfIV►TY,tiOR0g71tE'APPI.ICAN1'S . 4 `QAALtfICATI0N5. " u ;4 f, `fi,1(IUSTB P45T DIl'j A'CONSPICUOUS PLAC9 u IFB 2a-02 ATTACHMENT"B" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID CITY OF PALM.SPRINOS,CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Inleres4 Bidder acknowledges that no officer or employee of the City has or shall have any direct or Indirect financial Interest in this Agreement nor shall Bidder enter into any agreement of any kind with,any,such officer or employee during the term of this Agreement and for one year thereafter. Bidder warrants that Bidder 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. Covenant Anainst Discrimination. In connection with Its performance under this Agreement, Biddersha0 not discriminate against any employee or applicant for employment because of actuator parcelved 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').Biddershall ensure that applicants are employed,and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent toCity's lawful capacity to enter this Agreement, and in executing this Agreement, Bidder certifies that Its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis In any Bidder 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 Bidder is in fug compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,including without limitation the provision of benefits,relating to non-discrimination In city contracting. NAME OFBIDDERNENDOR: O'Linn Executive Security .Service NAME and TITLE of Authorized Representative: (Print) Richard J. O'Lion Signature end D te:n-Authorize/dd RR'Je^/G/re tative: .(Sign) ,o v (Date) JAN. 28, 2020 20 50 r. ATTACHMENT'C' CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that NOT a natural person ofgroupof natural people that will be Identified on.the applIcation, and seek a City approval determined by a vote of Cityofficials. Examples:include corporations,limited liability companies,trusts,era that seek a City Council approval,or an approval' by one of the Cfty's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency In municipal government and assists public,officials In avoiding conflicts of Interest The Cfty+'s Public Integrity.Ordinance, codified In Chapter 260 of the municipal code,reflects the City'sInterest In ensuring that companies (and other legal entities that are not naturalpeopfe)doing business In the community are transparent and make disclosure as to Their ownership and management and further that those companies disclose the IdeMiy of any person,with an Interest worth two thousand dollars($2,000)or more,who has material financial relationship with any elected or appointed voting City official,or with the City Manager or City Attorney. Noto: A material financial relationship /s a relationship-between. someone who (s an ownedInvestor In the applicant entity and a voting official (or the CRY Manager or Chy Attorney),which rule flonship Includes ant o/the following. (1) the ownevinvesfor and the offlcialhave done business together dudng.the year prior to the application., (2) the officierhas eamodinrome from the ownerfinvaslorduning the yearpriorto the filing of the applicadon; (3).the ownerlInvestorhas given the official gifts worth fifty dollars($50).or more during the year pdorwthe filing ofthe application;or (I) the official might reasonably:be anticipated to gain or lose money or a thing of value,based upon the ownerRrwastols interest in the applicant entity; In relation to the application's outcome: When Must I File? You must fie this form with the Office of.the City Clark atthe same time when you file your appl'xafion fora City approval detemfined by a vote of City officials,whether elected or appointed. What Must 1 Disclose? A. The names of all natural persons who are officers,directors,members;managers,trustees, and other fiduciaries serving trusts or other types of o ganhietlons•(attorneys,accountants, eta). 21 51 ,QarntNse PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM �44roaN�� 1. Name of Entity O'Linn Executive Security Service 2. Address of Entity(Principle Place of Business) 20061 Saticoy St., 0205, Winnetka, CA 91306 3. Local or California Address(if different than$2) 1027 So Palm Canyon Drive„ Palm Springs, CA 92264 4. State.where Entity is Registered:wlth Secretary of State If otherthan California,Is the Entity also registered in CatiPomla7❑Yes ❑No CALIFORNIA 5. Type of Entity Q Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other.(please specify) 6. Officers,Directors,Members,Managers,Trustees,Other Fiduciaries(please.specify) Note.,If any response Is not a natural person,please identify all officers,:directors,members,managers and otherfiduelades for the member,manager,trust or other entity Richard J. O'Linn -p officer❑Director []Member ❑Manager [name] o ❑General Partner[-]Limited Partner []Other ❑Officer❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner []Other ❑Officer [I Director ❑Member ❑Manager (name) General Partner ❑Llmited Partner Cl Other 23 52 • T. Owrrerollnveators with a 5%banatclad Weraat In Ore Applicant Entity or a related entity EXAMPLE JANE'DOE 60%ABC COMPANY,Inc. '[name of ownerdrrveatorl_ [percentage of beneficial interest In entity and. na of Richard J. O'Llan'T22 DILI..OH eleut3vr, A. [name of ownerdnvestor] Wamemage of benelkJat Interest In ontny and name of entity] B. .[name of ownerMvestorl "montage of beneficial interest N anfily and .name of ongtyl C, [nameoloomrAnvestor] [percentage of beneficial interest in enfity and name of entity) D. [name of ownerMveslorl [percentage of beneficial Interest In entty and twee of anlityl H. [name ot.ownemrnastarl- [percentage of beneficial Interest in a My and nemeofentgyl` _ 1 DECLARE UNDER PENALTY OF PERJURY UNDER7NE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING 18 TRUE AND CORRECT. _ Slgnahms of Dim icang Party,Printed.Nome,Tltle Data R4ho OIL n,as Jan. 28. 2020 i t r 4 53 BID SCHEOULEIPBICWG PAGES QF1320,M ALARM MONITORING 6 MAINTENANCE SERVICES FOR VARIOUS CRY OWNED FACILITIES n � � dBAV F 8R� RY ae 4aRa AT4 0a P M i'!1 Ar�raF, Bidders'signed bld and wrimn acceptance by the City ohaH conslitute an agreement and has hereby agreed to all the terms and condNiom mt forth In all of the sheets whkh make up this Invitation. Raagonding:to.an Invitation For Bidsto arovida alarm monitoring Bmalntenonce soM a for varbw situ ovmad hsIllUas.theundsrslnmd blddor agrees to provide aervicas In eeeordanee wNh Sha apgeHleeHo a herein. IIVVE propose and agree to provide alarm mpnftprine A r aervIms for vadow situ owned feellNUea as deaeribed herein and accept as full payment the following amount: FACILITIES MONTHLY MONTHLY MAINTENANCE! STATION TOTAL COST PER MONTH NRPORT•1150 TESTING MONITORING . wry AIRPORT-CUSTOMS \ s a 5 ANGESTADIUM I 5 cam. ANIMAL SHELTER. = • S TWISTO PARIONG STRUCTURE 5 16,015S BElARDOD70WNTOWN) GARAGE q At,95 BO)UNG CLUB CODLING CENTER) 5 'akck5 CITY HALL - S CRYTVdLPANICS . 5 �A. CITY YARD IC,.S CITY YARD-PANICS l 5 R CITYYARD-FLEETOPERATIONS S CITY YARD-FLEET OPERATIONS-PANICS CO GENERATIONMUNI 5 vw95 =LX AS CO GENERATION SUNRISE .5- 1 . S _ CONVENTION CENTER 6 S a-VAS COUNTY FIRE STATION OLD NPS FIRE STATION 169s. a\, DEMUTH COMMUNITY CENTER b h5 "Ak cm DEMUTH COMMUNITY CENTER.PANICS c� DEMUTH FIELD 1 Z . DEMUTH FIELD 7&8 CONCESSION a DESERTARTCENIER Z DESERT HIGHLAND CM 5 DESERTHIGHLANDCTRGYM - - 21 DESERT HIGHLAND CENTER LIBRARY 5lkaas A DESERT HIGHLAND•PANICS EDOMMILL 5• _ FIRESfATiON{Y 5 lGAS n1,95 FIRETRAINING 5 Mots HOUSEHOLD HAZARDOUS WASTE 5 4 -.-CIA 26 54 LEISURE CENTER Ak S 'S S LHSURECENTER dt -1 JG PAVIWON R MAN USRARY MAN LIBRARY CENTER a s $ s. PALMCANYONTHEATER S yr Z PLVATHEATER - Ln. r Ik 'b - POLICE DEPARTMENT POLICE SWDFR SkWO( AS I POLLCESuBBTAlwri +y. ,4 \ S 3UNPoSEPLVAMMCTR y 5 TAQL41Z CREEK:MAINfaMCE {� p 8-9p \. TAQUITZ CREEK PRO SHOPCART sp TAQUNZ GOLF CLUBHOUSE TRADMONS RESTAURANT - --; . S { "+1 \. S VILLAGE GREEN It WHITE HOUSE -v- lk VILLAGE GREEN- - MCCAULUMADOBEMUSEUM 'A 'RVILLG AOUA6GRFEN- IWENTE MUSEUM ?1K S Is, kttC•1S \95 MONTHLYGRMTGTAL:. S3,b0 MOONML�YCOS(T�XX12•TCITAL COS TFORALL BITES AND SYSTEMS$ =�4RlLr.Q�iao�.TC A..,cE + _._, _ WHsen Normal Response,Regular Business Hours,Hourly Labor Rate: ,(For work atwve bass contract as per Compensation,Item 4 pg 17)=.$ 50 /hour. Emergency Response„Weekends&Holidays,Hourly Labor Rate (Forwcrk eboirwbase contract as per Compensation,Item 4 pg 17)=S \�S A+our. CPI INCREASE:it is understood and agreed thatithis Bid may not be Withdrawn until ninety(90)days from the date of the..opening thereof.and at no Ume after award of Bid. Prices 10 remain firm for Initial contract Period of(3)three years; and two(1)one year renewal options upon mutual consent of the City and the Contractor. The unit prices shah be adjusted(decreased or increased)at the beginning of any such ronewal period to correspond with the most recent annual change to the.Consumer Price Index for All Urban Consumers as published by the U.S.Bureau of Labor Statistics for the Les Angeles,Anaheim and Riverside Areas. Conv 9120/1 /01 business license In remlrnd to he attached to this document (Signatures): - Name of firm submitting bl 6144 �yran�re-S�sr2�-T-r /� Authorized sign u P�ptRd nameltide 2Id%lk a-$�' L,a.a_h'¢sS3; 27 55 CITY OF PALM SPRINGS,CALIFORNIA IFB 20-02 ALARM MONITORING&MAINTENANCE SERVICES BID BOND FORM KNOW ALL MEN�BY THESE PRESENTS, That 0,1—,NJ as Principal,and Nos bPP�-�caei5 as Surety, are held and contractually bound unto The City of Palm Springs,hereinafter called the'City In the sum of: dollars (not less than 10 percent of the total amount of the bid) for M payment of which sum, well and truly to be made, we bind ourselves, our helm, executors, administrators,successom,and assigns,jointly and severally,contractually by these presents. WHEREAS; said Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the.City's Contract Documents entitled: ALARM:MONITORING&MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES. NOW:THEREFORE,d said Principal is awarded a contract by said City,and,within the time and in the manner required in the 'Notice Inviting Bids' and the 'Instructions to Bidders' enters Into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shag be nug and void, otherwise It shall remain in full force and effect. In the event suit Is brought upon this bond by said City and City prevails,said Surety shall pay all costs incurred by said City in such suit,Including a reasonable attorney's tee to be fixed by the court. SIGNED AND SEALED,this day of 20 (SEAL) (SEAL) (SEAL) (Principal) (SEAL) (Surety) By. attire) (SEAL AND NOTARIAL By: ACKNOWLEDGMENT OF SUR (Signature) RPdnd:111111832 rmew.r 56 Certificate of Acknowledgement Bid Principal A notary public or other officer completing this carts icate verifies only the Identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of a {�VVVI On 9-:1- 11)1) beforemeArAt aaegkANpersonally appeared; -UM,who proved to me on the basis of satisfactory evidence to be the-person(al whose name( Isfare subscribed to the within instrument and acknowledged to me that he/cbaAhey executed the same in histhaMhow authorized capacity i(oe),and thatby hislinsfAheir signature an the Instrument the person;or the.entity upon behalf of which the peman$s cted,executed the insGumenL I certify under.PENALTY OF PERJURY under the laws of.the State of California that the foregoing paragraph Is We and correct. ruatestrE" WITNES/l Is]6 �y arCmmtegie Nq].aRO _ Signature rsaan OPTIONALINFORMATION INSTRUCTIONS The wording ofa0 Certificates of AOnowfadgemenf completedin California after January 1,1015must We the form required by C8196WD W Cade Section DESCRIPTION OF THE ATTACHED 1189. DOCUMENT ' ' - • State and county Information must be the slate and county where the document signers)personally appeared before the notary public. (rdearaeeulpaondrro amrnea aw,nenq • The ceaifinle must be filled comptetely out at the time the notary. pubhe's signature and seal are affixed to the document (nleadwnpeon olatUMed doammomanue0 • An acknowledgment cannot be affixed to a document unless the signer personally appeared before the notary public. • Data Is fhe data the signer(s)personally appeared. Number of Pages_Document Date_ • Print the name(s)ofthe documentsigner(s)who personally appear at the 6me o1 notarization. • Signature of the notary public must match 0e signature on file with the. Additional information office of 0e county clerk. • The notary seal impression must be dear and photographically reproducmle.Impression must not cover text or lines.If seal impression smudges,reseal it a sufficient area permits,olheredse complete a diterant)urel form. • Additional information Is riot required. • Securely atadh this document to the signed documenlwith a staple. • 'Duly authorized person'with respect to a domestic or foreign corporation Includes the president,vice president;secretary,and assistance secretary of the corporation. Aaaowstoc tear o as rnt¢vAt IFe Na p-0]9 CovNa Trsa4 Caner Fua Alvin M•In•nv,NengoNg eeMce, 57 "EXWIRIT A^ REFERENCES The City Is seeking a qualified eontradtor.xfio has the experience and capability to deliver the asphalt sealant as per the speclflcetlons contained herein. Aminimum of three(3)references shall be submitted below with the bid, Including contact name and phone number,for projects of a sfmiiar scope to this Invitation for Bids. 1) Name of contractor or agency:_ S0.,wr:�^�i�¢aa�. Confect Person: -NAci2vayofs gcifas- phone# '11.0-31'3-.31;(di Brief descripNon.oipJro ed: 2) Named contractor or agency: 7= th&A G,a 44CLp Qmos= Contact Person: t��.a�—,C-t3e,.3 Phone#-�x -�>%�, Brief description of proJecb w S IW-, Ours„ 'Swcrawc .� tea...-��T.,-w_.1 r Meu.-re e 3) Name of contractor or agency:__ 6s c, wflo pl. Clla Contact Person; T4c -Phone# 'lbo- Brief description of. roJack Flow��vn. 28 58 "EXHIBIT B" CITY OF PALM SPRINGS,CALIFORNIA INVITATION FOR BIDS NO.2M2 ALARM MONITORING&MAINTENANCE SERVICES FOR VARIOUS.CITY OWNED FACILITIES NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS' COUNTY.OF RIVERSIDE ) The undersigned,being first duly swom,.deposeg and says that he or she is t1'l�,no+r of CPL,.1a�,eweIrs Sd„m... S..N, , the,parry making the foregoing bid. That the bid is not made in the Interests.of,or on the behalf of,any undisclosed person, Partnership Company,association, .organization,or corporation: that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or.indlrecty colluded, conspired,connived,or agreed with any bidder or anyone else.to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or ofthat of any otherbidder,orto secure any advantage against the public body awarding the contract of anyone Interested In the proposed contract;that all statements.contained In the bid are true;and,further,that the bidder has not,directly or Indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership,company,association,organization,bid depository,or any other member or agent thereof to effectuate a collusive orslwim bid. B . Title tl > '%'P"j Subscribed and sworn to before me this day of .2C_ Notary Publig.i nd for said Coun Stale FIDAVLFiiM n1� � Ra9edd;113i11929 7N669.1 59 CAUFORNIAJURAT (CALIFORNIA GOVERNMENT CODE§8202)' A notary publicor other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document.. STATE OF CALIFORNIA COUNTY OF Los Angeles Subscribed and sworn to(or affirmed)before mean this 7 day of February ,2D 20 by Richard J 01inn proved to me on the basis of (Name ofSigner(s)) satisfactory evidence to be the person who appeared before me. eaacrurn `? anvanr� o.ecvmuuoo Eycoe+tQaa,vlioa� vgwiumojNotor-yfW k (Notary sail ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Document Date: Number of Pages:__ Signer(s)other Than,Named Above: Additional Information: melana,Moljal/lOtS 60 CONTRACTORS STATE:UCENSE BOARD OContractor's License':Detail for License#602489 OIiC1.VYlIClltlanNtbimNnYpwrlMNlorru Wnh4elnm tlntLl0Nwa4UYur M(w! ntllndon WrMlainttlen.]�INrNMa�anaftNlopv�L4WtluYvn� mdmNw4'r�iFTLYM WNu�dYYvw FpY+/Ywl:ixayu.�4buMrw Ylk�ayp Yw[tlrl�Yrena4M�rNwr6CIp4M1�YYA . FW1AJf�gmrvw+sMltlpweYY]YI+H+w+Ea+ • NYiNruww rrwmFinawYiYltFry�PFbFMF/1ym • MMMu{MMYAwNaWm4+L�YYMYl Ir��FYMYav YYw.. DYd Mrldld101]t13fI010 JJ$S)M1. Bm2YVL.a*.wm ouiwluatntuwunYdauuabx ao+l ruuwurm PiPn0.u+nw Y„xn+vnwY.a..rwroum mbv+ wrvuvo ndnme wlayaaw trMrss SY6.s IY+Wdwb+vYwWFlw. ldlnfsr.Nrn4ltlNd M iMn+l ❑aa1¢4L+ • GI�VfMATG[pilpp • [IO�tttPNfH gcn£'S Yrbma#� 4uta1Y+W lNfOwu Ylgttr mItlN3MNJPaRRW tYVTLMVM+. arILMMmI1N M11Umac{I[Wl dn..uwdwmnuaau CWaNl+MtlNxtry MNdp111/Ndt�M+e 1Mwan�intiNMppW0W0LY[i011Moam4HNXpVW 0�Nl0wme4ammtllMwWdax4 ��D�aalP dU.lm"Y°%lb1bn.W bNdWlfl4tlrCMrbYkvwdA LIYfMYC11M1R1a YjIYwGYYn1 {5'rteK fAvµwbv MntewrvnwM++mq+wlOULmwwPP+[UnCX W(MNINSV WKCd WN1Y p0t)YPYRMwnR301 IWIIM M�IB�9Y}n+ DaL+DN1G9111m0 YibWn•[anµe+lalYty BxkwTop (nneiborucllhe Pr'rvary Potty Ac oNSlity dcwaul Uy Cwlife t!A CPpyrlgAtm=d tevIuu..W 61 ems Verification Card California Contractors License Bond i t i 62 BUREAU OF SECURITY AND INVESTIGATIVE ISSUANCE DATE ATRIL 1 198E SERVICES LICENSING DETAILS FOR:2583 EXPIRATION DATE APRIL I NAMES O'UNN EXECUTIVE SECURITY SER INC PR 30,2021 LICENSE TYRE:ALARM COMPANY OPERATOR CURRENT DATE I TIME PRIMARY STATUAS CURRENT JANUARY28 2020 ADDRESS OF RECORD 16-0:b0 PM 20U61 SATICOY ST STE 206 WINNETKA CA 91306.2697 LOSANGELESCOUNTY LICENSE RELATIONSHIPS ACO TO ACB UCMEFRIMMTRAVONROLE:I coYPAtN AOORe/R: OPEMTCR ION S PALN CLNYONOR RDATED PARTY RUE:ALARM COMPANY H141NC1E PALNSPRINGSCAS2261 NAIIE:01INN EXECUTIVE SECURITY SER INC NIVERSIDE CCUNTY MM 11CFN!lRtEGlSTM1N)MTYFE:AIAILY COMPANY UCEMlE U"ME NUYDFA:56B! PRiNARY lTATUl: EXMPED ACID TO QUALIFIED MANAGER t EREWE01l VOYROLE:AUAYCOYMxY 100R[ESNDT DiICWKO. GP MR RELATED PARTY ROLE:OUA1.iPIEDNANAGER NANE:OLNN.RICNARO JANES IS LICEYSfJREOISTMTIOM TYPE:.AIARN COMPANY UUALIREMN ER UOENLE MIYSEWEEN:2TlY PRIYMYQTATW: CURRENT 63 'Bureau of 5ecudty end'InvesNative Services P.O.Box 989002' .• .„F Wf9. x °f�. } West Sacramento.CA 95798-9002 ouYnwrnmwameourWe _ l�o. .-aa �L,a t (916)322-4000 ALARM COMP11 ' IED MANAGER Certificate No ACQ2399 }.o .,�£ Valid UnW.02/28Y202l Recelpt No,.3178 ,. 'Issue Date:0212511987'. RICHARD JAMBS O'LINN II r, 3006k,$ATlCOY ST#205 In accordante With the provisfons or jDlolslon 3 .Cheqtee 71 6ofltlje Business` WINNETKA CA 9i366 and P'rgfa45lhdSC'ode thV inm41daal tinamdd Kerwin Isddeubden Aland - ` s lo`rnpad¢GuellOad K)anpgar.Cert(6cat_e, - `-=.NON-TRANSFERABLE POSTINPUBLICVIEW - . �s. 64 s ' - 1 c i 1i I. t •, i t • .,i. t :1 y1 1 J•t * J`i r1t 4i11} 1 i�. i Bpi r"' �x >1 �-�'.y,*'��`FT•W'_.`e 4 a."Y".Jib t\ ^ r r :L - ,,�, h>K Kw 'dt nx, ,,. cr xs m• s 3 .✓ `is r si •r�. r _y v i•.a b t I i r '`t•�Y.:µ V{yyx{,Ifi k,i.i a~ •p '�`° j.•Yy.'�1 r3� .~..'(>�.:�� ,.��i1R� v� i\ Ca t`�.I���• .�, i�i t [iL i a'YK'`•4v���'�h b`:n } i'�? " v L.`. ep- °. "f'4.n.:�`.YY,y4 \7..'!��'`'•� �`FJ�:..SB•�-:�"'.xr"'<%�lY� r•\�.�::L �..r..�. _ _ j .R. 'tC ,'�' 7ty aC�Fl��d�r{ 5t�� O tir�k 'lt �t,�r���.♦ > 1K•x'..+�r $5...� ri'J- i3 c \ ~i�i v'yIJ,h� �,s +bk.'•�•- s",�i l "J `"t4'^F�- J ' T- - 11 • it �:�i e. 1 1 : .1{t it .'. I31 c i t ' ' • l l.�i i 1- t , i 11 t1t . ..1 ti 5t itii 1}. :I �. BUREAU OF SECURITY AND INVESTIGATIVE 15SUANCE DATE SERVICES JUNE7,2011 LICENSING DETAILS FOR:96867 EXPIRATION DATE NAME:YOUNG.LAWRENCE R JUNE 30,2021 LICENSE TITM ALARM COMPANY,EMPLOYEE CURRENT DATE I TIME PANIAAY STATUSI CURRENT ADDMESS NOT DISCLOSED JANUA 4Y 2B,2020 440:53 PM LICENSE RELATIONSHIPS BRANCH MANAGER TO ACB LND16[1RlDRRMnDR ROu!:AIARYCOImARY MOAT": oYOR EYDLDYEe DAW FAL 8PALYCANYONDR SLLATm DARIYRDIE:AIARY COYDANYBMNCN ' SPRWG9GY22W NAYe:OV NN EkECUTIVE SECURDY 6ER DA: IDYERYDE CDUNIY NAP IKER6ERiEO1siRATIDM Mf;ALARY LONPANY DRAHLX IICCNfC RUYEER smD DNHARY STATUM ExInnD _ BRANCH MANAGER TO ACB LICEXfUReDDiMnDR RDLB:AIARN G01fPA11Y ADDRElJ: OY0R Es6YDYEE 1pNHPAW CANYON DR RFIATfD DYnlROte:AIARN COYDANY BAANCN DALAISIDEO 9II6! RIVERSIDECOUMY NASe:01JNNEXECUTIVE SECVRUYSER WC AIPP UGMNDREDMTRI1nON ME ALAIUi COYDANY BRANCH LICe1oE!"am.3sm DRIYARYSTANf: ERRRED 66 Z , f Securi stigative Services Bureau o P f 'Ay pS oiwnryinmofiuwnuivae ,��-� �_t T� Alarm-:Co for Branch Regt3fra8ort No.`ACB5923 Issue Date 02/18f2020 4eild Unhl.'02128J2022 *,�. O'LINWEXECUTIVE SECURITY SER'INC 1027 S PALM;CANYON DR PALM SPRINGS:CA 92264-8378 ,The above re licensed as a with the State of Carl Bureau of Secudty and invesligativA Services. 4� This oedifies thatthe business named above is registered to operate at this locatldn In eaordanca with the -- provisions of Chapter 11.6 of DNislon 3 of the Business and Pmfesslons Code. Qual-Nng CompahY. Lidertse Number O'LINN EXECUTIVE SECURITY SER INC ACO2583 67 BIDDER'S GENERAL INFORMATION ALARM MONITORING 8 MAINTENANCE SERVICES FOR VARIOUS CITY OWNED FACILITIES IFB 20-02 The Bidder shall furnish the following Information. Failure to complete all Items will cause the Bid to be non-responsive and may cause Its rejection. 1. BIDDERICONTRACTOR'S Name and Street Address: O'Linn Executive Security Service Inc. 1027 S. Palm Canyon Dr., Palm Springs, CA 92264 2. CONTRACTOR'S Telephone Number. ( 760.) 883.0046 Facsimile Number.. (818 p 707-8693 3. .CONTRACTOR'S License: Primary Classification LA2583 State License Numbers) 60248% Supplemental License Classificalions. . Alarm Operator, C-10 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety )AC, apo""( , Er Address Surety Company Telephone Numbers: Agent( ) Surettyl( ) 5. Type of Contractor(Individual,Partnership orCorpom0on): Coaooan 10 6. Corporation organized under the laws of the State of: C.k-wc Jl n rwessa NOW:113111830 68 7. Lisf--the names and addresses of the principal members of the contractor or names and titles of the principal officers of the corporation or contractor.- ,?,C%A AOs, a. Number of years'experienceas a contractor In this specific type of work: 3O} 9. List the name and tide of the person who wN supervise full-time the proposed work for this project: Q1 ..m 0'L,wA 10. Is full-lime supervisor an employee-K-contract service_? 11. A financial statement or other Information and references sufficiently comprehensive to perk an appraisal of your current financial condition maybe required by the City. *WAIVED* a"aed:1nt/1831 naedva h d 69 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code,which require every employer to be Insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of sold Code,and'I will comply with such provisions before commencing the performance of the Work of this ConbacL Contractor O'LSnn ExxeeJcnu/Five Securltv Service By / Tige President Ruylwit 1131/1833 �mswa 70 ���11111 EXECUTIVE SECURITY SERVICE I NCO 2DO RATED February 27,2020 Leigh GilenD Procurement Specialist 11 City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 RE:Alarm Monitoimg&Maintenance Services for Various City Owned Facilities(20A2): Dear Leigh, In confirmation of our telephone discussion of earlicr today,O'Linn Executive Security is confirming our line item quotation of S21.95 per month,Monitoring and Maintenance,for the Various City awned facilities alarm systems.This totals an annual cost of$1264320. As regards the maintenance of the systems,O'Linn is aware that some of the facilities have more devices than others and,as such,wi11 require more testing.We are prepared to perform the required tasks as quoted. ��Sincere it chard O'Llnn CEO I O'Linn ExecuBve Security (818)707.4597 olinnsecurity@holmail.com "Protection Thru Prevention"Since 1980(B88)OLINN4U(654.6648) UC.B1A0029k3 PA0a82t9602489 20061 Salirny Street•Winnclka,California 91306 •ma.888.654.6648 rex Of 9.707.8693 1027 S.Palm Canyon Drive•Palm Springs,CA 92264 • rrs.888.654.6648 PAx 760320.4743 ' 71 EXHIBIT"D" SCHEDULE OF COMPENSATION 1. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with the specifications and will accept as full payment therefore the amounts indicated on the Pricing Sheet attached hereto. a. For all monitoring services which the Contractor is obligated to perform the City shall pay to the Contractor a monthly price per facility(annual price divided by 12 per facility).One invoice shall be submitted itemizing each location monitored as provided in the Pricing/Bid Schedule. Annual Systems testing may be scheduled and staggered with approval by the Contract Administrator. For any testing services performed in a month, the cost as per the Pricing/Bid Schedule may be included on the following month's invoice AFTER the testing has been performed and the NFPA-72 completed form per site submitted and approved by the Contract Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE UNDER ANY CIRCUMSTANCE. b. Payments shall be made upon submittal of a detailed monthly statement to the Contract Administrator. Invoices should be submitted within two weeks following the end of a billing period defined as a calendar month. c. Contractor shall maintain and keep current a daily report form that records all work performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Administrator and shall be submitted to the Contract Administrator concurrent with the monthly invoicing.The monthly payment will not be made until such report is received and deemed acceptable by the Contract Administrator. 2. ADDITIONAL WORK Additional or new alarm systems maybe added(or removed)at the sole option of the City during the term of this Contract.The Contractor shall not claim forfeiture of agreement by reasons of such additions or deletions by the City. The amount of additional (or reduced) compensation paid to the Contractor for additional (or removed) systems shall be determined as follows: a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor,or b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the Contractor of the materials and labor required and approved by the City for such extra work, plus ten percent(10%)as compensation for all other items or profit and costs or expenses. 3. PARTS. MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will invoice the City separately from the monthly or quarterly maintenancelmonitoring charge for any labor, parts, materials and components used in the course of the Agreement that are above the base contract. The Contractor shall invoice the City at the contractor's cost for all parts and components(including smoke detectors) used in the course of the contract that are above the base contract, and at the Hourly Labor Rate as provided in the Bid Schedule.These shall be processed by separately issued Purchase Orders by the City to the Contractor.All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed. Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contract Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator.The Contract Administrator or their designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written 72 6 approval to make repairs or allow inspections by the City's Contract administrator shall result in rejection of invoices and non-payment for unauthorized repairs. MONTHLY MONTHLY FACILITIES MAINTENANCEI STATION TOTALCOST PER MONTH TESTING MONITORING AIRPORT-USO 55.00 $16.95 $21.95 AIRPORT-CUSTOMS $5.00 $16.95 $21.95 -ANGEL-STADIUM $5.00 $16.95 $21.95 ANIMAL SHELTER $5.00 $16.95 $21.95 BARISTO PARKING STRUCTURE $5.00 $16.95 $21.95 BELARDO(DOWNTOWN) GARAGE 55.00 $16.95 $21.95 BOXING CLUB(COOLING CENTER) $5.00 $16.95 $21.95 CITY HALL $5.00 $16.95 $21.95 CITYHALL-PANICS $5.00 $16.95 $21.95 CITY YARD $5.00 $16.95 $21.95 CITY YARD-PANICS $5.00 $16.95 $21.95 CITY YARD-FLEET OPERATIONS $5.00 $16.95 $21.95 CITY YARD-FLEET OPERATIONS-PANICS $5.00 $16.95 $21.95 CO GENERATION MUNI $5.00 $16.95 $21.95 CO GENERATION SUNRISE $5.00 $16.95 $21.95 CONVENTION CENTER $5.00 $16.95 $21.95 COUNTY FIRE STATION $5.00 $16.95 $21.95 OLD NPS FIRE STATION DEMUTH COMMUNITY CENTER $5.00 $16.95 $21.95 DEMUTH COMMUNITY CENTER-PANICS $5.00 $16.95 $21.95 DEMUTH FIELD 1 $5.00 $16.95 $21.95 DEMUTH FIELD 7&8 CONCESSION $5.00 $16.95 $21:95 DESERT ART CENTER $5.00 $16.95 $21.95 DESERT HIGHLAND CTR $5.00 $16.95 $21.95 DESERT HIGHLAND CTR GYM $5.00 $16.95 $21.95 DESERT HIGHLAND CENTER LIBRARY $5.00 $16.95 $21.95 DESERT HIGHLAND-PANICS $5.00 $16.95 $21.95 EDOM HILL $5.00 $16.95 $21.95 FIRE STATION#4 $5.00 $16.95 $21.95 FIRE TRAINING $5.00 $16.95 $21.95 HOUSEHOLD HAZARDOUS WASTE $5.00 $16.95 $21.95 LEISURE CENTER $5.00 $16.95 $21.95 LEISURE CENTER $5.00 $16.95 $21.95 PAVILLION $5.00 $16.95 $21.95 MAIN LIBRARY $5.00 $16.95 $21.95 MAIN LIBRARY CENTER $5.00 $16.95 $21.95 PALM CANYON THEATER $5.00 $16.95 $21.95 PLAZA THEATER $5.00 $16.95 $21.95 POLICE DEPARTMENT $5.00 1 $16.95 $21.95 73 POLICE SPIDER SHACK S5.00 $16.95 $21.95 POLICE SUBSTATION $5.00 $16.95 $21.95 SUNRISE PLAZA SWIM CTR $5.00 $16.95 $21.95 TAQUITZCREEK MAINTENANCE $5.00 $16.95 $21.95 TAQUITZ CREEK PRO SHOPICART $5.00 $16.95 $21.95 TAQUITZ GOLF CLUBHOUSE $5.00 $16.95 $21.95 TRADITIONS RESTAURANT $5.00 $16.95 $21.95 VILLAGE GREEN- S5.00 $16.95 $21.95 CORNELIA WHITE HOUSE VILLAGE GREEN- $5.00 $16.95 $21.95 MCCALLUM ADOBE MUSEUM VILLGEGREEN- $5.00 516,95 $21.95 AGUA CALIENTE MUSEUM MONTHLY GRAND TOTAL: $1053.60 MONTHLY COST X 12=TOTAL ANNUAL COST FOR ALL SITES AND SYSTEMS$ 12,643.20 Twelve Thousand Six Hundred Forty Three dollars and Twenty Cents Written in words Normal Response, Regular Business Hours, Hourly Labor Rate: (For work above base contract as per Compensation, Item 4 pg 17)=$ 50.00 /hour. Emergency Response, Weekends&Holidays, Hourly Labor Rate (For work above base contract as per Compensation, Item 4 pg 17)=$ 115.00 /hour. CPI INCREASE: It is understood and agreed that this Bid may not be withdrawn until ninety(90)days from the date of the opening thereof, and at no time after award of Bid. Prices to remain firm for initial contract period of(3) three years; and two (1) one year renewal options upon mutual consent of the City and the Contractor. The unit prices shall be adjusted(decreased or increased)at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the Los Angeles,Anaheim and Riverside Areas. 74 EXHIBIT"E" SCHEDULE OF PERFORMANCE 1. TESTING.All Fire and Security systems shall be tested annually pursuant to NFPA-72 regulations. The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying that the required tests were performed,with his/her monthly statement.The Contractor may,with the City's approval, stagger the testing of systems so all systems are not being tested at the same time. The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm Test Log. Testing includes Communication and all devices, including, but not limited to Strobes, Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures are to be followed. Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72 requirements is NOT part of the scope of work of this contract and these tests will be performed by others. For any system where a proprietary manufacturer requires their assistance and cooperation with the Contractor for the testing of their equipment,the City shall pay the proprietary manufacturer directly for their services. 2. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any needed parts or materials. 3. STATION MONITORING.The Contractor shall begin monitoring of all specified systems at the start of the Agreement. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security, Is activated. Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated,fire or security,so that our public safety units respond appropriately. False alarms that are verified by the contractor are not to be reported to police dispatch, 4. RESPONSE TIME a. Trouble & Reset" Calls shall be defined as those calls requiring investigation and reset of a malfunction within the system.The Contractor shall respond to all trouble and reset calls within on (1) hour. b. Respond shall be defined as making direct contract with the Contract Administrator or designee, and if required by Contract Administrator or designee, Contractor shall dispatch a technician to the site. c. Major Repairs shall be defined as repairs requiring the replacement of system components. The Contractor shall respond to major repair calls within twenty-four(24)hours. d. The Contractor shall supply and put in place 'like" substitute equipment if and when the existing equipment cannot be repaired within twenty-four(24)hours. e. 5. LIQUIDATED DAMAGES: Liquidated Damages do not apply to this Contract. 75 OLINSEC-01 A 9, -3 6HEATH .4COR[7^ CERTIFICATE OF LIABILITY INSURANCE �—� DA12/282022TE Y) 1v26/zozz 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 endorsements . PRODUCER License # 0757776 c ACT Kaylee White HUB International Insurance Services Inc. 548 W Cromwell Avenue Suite 101 PHONE FAX AR:, No, Ert:(A/C, No : IM&Se kayise.white@hubintemational.com Fresno, CA 93711 INSURE AFFORDING COVERAGE NAN:i INSURER A: Allied World Surplus Lines Insurance Company 24319 INSURED INSURER B: Progressive Casualty 24260 INSURER c:State Compensation Insurance Fund of California 35076 O'Linn Security, Incorporated INSURER D: BerkleyRegional Insurance Company 29580 1027 S.Palm Canyon Drive Palm Springs, CA 92264 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POUCY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR X 5200408300 8/12/2022 8112/2023 EACH OCCURRENCE 11000,000 DAMAGE TO RENTED $ 100,000 MED UP (Any one S 10,000 PERSONAL S ADV INJURY s 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY j LOC OTHER: GENERAL AGGREGATE It 3,000,000 PRODUCTS-COMP/OP AGG 31000,000 B AUTONOBILELIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUUTOp$Wry p AUTOS ONLY AUTNOS ONLY 044582940 8/1212022 2N2%2023 COMBINED SINGLE LIMIT n 1,000,000 BODILY INJURY Per BODILY INJURY Per accident Ont AMAGE A X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS4,1ADE DIED RETENTION$ 5201176500 8/12/2022 8/12/2023 EACH OCCURRENCE 51000,000 AGGREGATE 5,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MY PROPRIIETORIPARTNERIEXECUIVE Y❑ ?F.F1 eloryin NH) CLUOEDi If yes, describe under DESCRIPTION OF OPERATIONS below NIA 1960340-2023 1/1I2023 11112024 X PER OTf4 T TUTE E.L. EACH ACCIDENT 1,000,000 DISEASE - EA EMPLOYE E 1,000,000E.L. S E.L. DISEASE - POLICY LIMIT 1,000,000 D Crime BCCR4500263725 8/1212022 811212023 Per Occurence 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may lae attached if more space Is required) City of Palm Springs RECEIVED Endorsement Attached: CG2010 0413 JAN 0 3 2023 City Hall Reception Desk City of Palm Springs 3200 East 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. AUTHORIMDD REPRESENTATIVE v - _ — ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 52004083-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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) Locations Of Covered Operations Blanket Basis — Any entity that the named insured Any through written contract or agreement agrees to include as an additional insured. Item 4.b. of Section IV — commercial liability conditions is amended by the addition of the following: (3) this insur- ance is primary and /or noncontributory to any coverage afforded to the "additional insured" if a written contract or agreement states the named insured agrees to name a person or entity as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 A Q'�3 t� OLINSEC-01 - - DATE A E(MMOD� CERTIFICATE OF LIABILITY INSURANCE 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 terns 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 License # 0757776 CO ACT Kaylee White HUB International Insurance Services Inc. 548 W Cromwell Avenue Suite 101 PHONE FAX AM, No, : AA No, . kaylee.white@hubintemational.com Fresno, CA 93711 INSURERCS1 AFFORDING COVERAGE NAILS euURERA:Allied World Surplus Lines Insurance Company 24319 INSURED INSURER a:Progressive Casualty 24260 INSURER c: State Compensation Insurance Fund of California 35076 O'Linn Security, Incorporated INSURER n: Berkley Realonal Insurance CompanV 29580 1027 S. Palm Canyon Drive Palm Springs, CA 92264 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. Y19R JJK TYPE OF INSURANCE AWL �� POLICY NUMBER POLICY EFF ym POLICY EXP DNnS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X 5200408300 8/12/2022 8/122023 EACH OCCURRENCE 1,000,000 DAMAGETORENTED 3 100,000 MED EXP (Any one 10,000 PERSONAL A ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POUCY ypccT E LOC OTHER: GENERAL AGGREGATE 3,000,OOO PRODUCTS -COMP/OP ASS S 3,000,000 B AUTOMOBILE WBILDY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS yyryEp MM ONLY AUOTO.S ONLY 044582941 2112/2023 8/12/2023 COMBINED SINGLE LIMIT exident, g00 1,000,(Ea BODILY INJURY(Per BODILY INJURY Per accident) R E nl l A X UMBRELLA DAB EXCESS UAS X OCCUR CLAIMS -MADE 5201176500 8/12/2022 8/12/2023 EACH OCCURRENCE 5,000,000 AGGREGATE It 5,000,000 DED I I RETENTION $ C VIORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWARTNERIEXECUTNE ❑ IOFFOE gMBE; EXCLUDED? ( A If desarbe'mder DESCRIPTION OF OPERATIONS beklN NIA 1960340-2023 11112023 _ X ,PER 0Tf4 111/2024 E.L. EACH ACCIDENT - - - E.L.DISEASE - FA EMPLOYE E.L. DISEASE - POLICY LIMIT 11000,000 1,0DD,DDD 1,000ON , D Crime BCCR4500263725 811212022 8/1212023 Per Occurence 100,000 DESCRIPTON OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addidonal Remarks Schedule, may be attached if more space Is required) City of Palm Springs, its officials, employees and agents RECEIVED Endorsement Attached: CG2010 0413 FEB 0 7 2023 City Hail Reception Desk CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk PO Box 2743 AUTHDRdRJEenREPRESENTATIVE � Palm Springs, CA 92263 ACORD 25 (2016/03) © 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 52004083-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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) Locations Of Covered Operations Blanket Basis — Any entity that the named insured Any through written contract or agreement agrees to include as an additional insured. Item 4.b. of Section IV — commercial liability conditions is amended by the addition of the following: (3) this insur- ance is primary and /or noncontributory to any coverage afforded to the "additional insured" if a written contract or agreement states the named insured agrees to name a person or entity as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13