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HomeMy WebLinkAboutAgenda Report - August 1, 2012 C-04AGENDA ITEM C"A dh CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Contract for Security Services at Hutchins Street Square Community Center with Lyons Security Service, Inc., of Orange ($40,000) MEETING DATE: August 1, 2012 PREPARED BY: Parks, Recreation and Cultural Services Interim Director RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute contract for security services at Hutchins Street Square Community Center with Lyons Security Service, Inc., of Orange, in the amount of $40,000. BACKGROUND INFORMATION: The City needs a contracted security company to monitor events at the Hutchins Street Square Community Center. The City's 2007 agreement with the current security company does not meet the City's revised contract standards. The City issued a request for proposalsfor security services in May, and in June received proposals from three companies. Lyons Security Service submitted the best proposal, meeting the City requirementsfor insurance and offering a highly competitive price of $17 per guard per hour. In addition, Lyons Security Service's public agency customers in Sacramento County were highly complimentary of its services. Lyons Security Service is a privately held California corporation with more than 30 years of experience. The other proposals submitted were from Windwalker Security Patrol, Inc. at $15.90 per hour (did not meet the insurance requirements) and American Custom Private Security, Inc. at $19.50 per hour (higher than selected company). Security guards protect the premises and patrons, and report suspicious activity to the City's event attendants and/or police. They are used only during events at Hutchins Street Square, and the large majority of their costs are passed through to renters, with the City paying for City -sponsored events. Guards will monitorthe grounds and parking lot, as well as the interior, of Hutchins Street Square during events. The contractwith Lyons is for three years, beginning upon execution by the City Manager and expiring July 31, 2015. The contract caps annual fees at $40,000. FISCAL IMPACT: The Lyons Security Service proposal reduces the City's security charge by $1 per hour over the existing service provider. Net impact is nominal, as most guard costs are passed through to facility renters. APPROVED: . onradt Bartlam, City Manager FUNDING AVAILABLE: 347112.7323 (Rentals & Events) and 347113.7323 (Theater). Jordan Ayers, Deputy City Manager/InterrI41 Services Director Jeff Hood Parks, R reation and ultural Services Interim Director JH/dkb; attachments AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on August 2,2012, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Lyons Security Service, Inc. (hereinafter"CONTRACTO R). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for security guard services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope cf Services CONTRACTOR, for the benefit and at the direction of CMY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACJOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on August 2,2072 and terminates upon the completion cf the Scope of Services or on August 2, 2015, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions cf the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Demape CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirementsfor CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference, 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Jeff Hood To CONTRACTOR: Lyons Security Service, Inc. 2582 N. Santiago Blvd. Orange, CA 92687 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Emplovee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accom pl ish ment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated 5 within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction. Severability. and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall he venue.d with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court, Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions 6 The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Intearation and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affectthe validity of any other provision d this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTORto CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authoritv The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this 7 contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 3N WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as cf the date first above written. ATTEST: RANDIJOHL City Clerk CITY OF LODI, a municipal corporation KONRADT BARTLAM, City Manager APPROVED AS TO FORM: CONTRACTOR: D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney By: By: Name: :, ck-, Title: Qr es ; d• �.._ . Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Funding Source: (Business Unit & Account No.) Doc ID: CA:rev.01.2012 � • •" • • � I I 1 111 II . I I " Contractor's security guards, as required by the City cf Lodi at Hutchins Street Square shall act in the best interests cfthe City as listed below: 1 _ Guard arrival times are 1/2 hour before events, except for theatre events which arrival time is 1 hour before event. Guards are expected to display a professional image and manner at all times while on duty. Consistent with this is the expectation that guards will be alert to their surroundings at all times while on duty and will not be engaged in any activities that distract them (i.e. reading, eating, smoking, etc.) from the performance of their assigned duties. The guards are expected to remain onsite during meal breaks or be relieved by another guard during his or her meal break, Breaks shall be reported to HSS event attendant prior to onset. Eating and smoking shall occur in designated areas only. 2. Security guards, as required by the CITY, are to act in the best interests of the CITY to protect its patrons, contract employees, facilities, vehicles and guests. The security guards shall be present to monitor persons and activities in and around the designated facilities to ensure a safe environment for all individuals. The guard(s) will be required to act on behalf of the City cf Lodi in an efficient, courteous, and professional manner at all times, to monitor and notify the event attendant on duty of improper or destructive behavior, and to insist that appropriate behavior prevail. Security personnel powers of arrest are no greater than that of a private citizen. The security company shall assume full liability for any of their employees in the exercising of any police authority. When necessary, the proper police authority shall be summoned. Security personnel, shall use no force unless absolutely necessary for self- defense. Security personnel shall always be cooperative with authorized emergency personnel, by providing assistance, while not interfering in the performance cf their duties. 3. Hutchins Street Square will be patrolled on foot. The guard(s) will be required to perform security sweeps ofthe parking lots and perimeters of Hutchins Street Square Community Center as directed for the event. In addition to the security sweeps, upon arrival to Hutchins Street Square Community Center, the guards) will report for check in with the event attendant for site placement, depending on events requirements. 4. Guards shall make available, at any time while on duty, their security guard cards. Guards shall be expected to present cards to members of the Lodi Police Department or designated City of Lodi employees on demand. Failure to produce a valid security guard card shall be grounds fortemmination cf the contract. 5. All guards must be neat, clean and properly uniformed and have a clear command cf the English language. The security guards must possess and exercise strong personal interactive skills in dealing with the HSS Event Staffand the public, Uniforms shall not be similar to those of the Lodi Police Department. All shirts shall be tucked in. Head covers, if worn, shall be a part of the uniform. Service provider will provide photo identification badges for all security guards assigned to work at HSS facilities. 6. All guards will be equipped with City issued radios or phones capable of communicating with other guards and their dispatch site. In addition to the radios, guards must have a cellular phone for communication with Lodi Police or other departments/individuals provided by the service provider. No personal media players will be allowed to be used by any security personnel while on duty. 7. Security guards shall arrive at Hutchins Street Square Community Center properly uniformed, with all necessary equipment to perform job satisfactorily. Additionally, guards shall refiain from socializing with any one group for any period of time unless necessitated as part cf their patrol duties. Guards shall refrain from onsite visitors at all times while on duty. 8. Area of security service shall include back cf sidewalk encompassed by 4 streets surrounding Hutchins Street Square: Hutchins, Rose, Walnut, and Oak Streets. See Addendum B — Map. 9. Security guards will serve as a visual deterrent to criminal and disruptive behavior for inside and outside the HSS facility. 10. Security 9 ua rd.(s) will patrol all parking lots as required by onsite manager or event attendant. 11. Service provider will contact onsite manager or event attendant immediately on issues that arise during supervision. 12. Security personnel are to follow specific direction of Hutchins Street Square/City cf Lodi Staff at all times while on duty at the HSS facility. 13. Security guard(s) will patrol areas as specified by on site manager or event attendant via radio issued by HSS facility staff. 14 B. Addendum — Map of HSS facilities. c'r a d tio3iwOn .. k...._.._ ...................._r...�.._.. ..� Walnut Street _..�..1W 01 c s• ao G. 0 X (D z nod IN 0 V d ----------- m n Co 0 CD m m 'o' " N fJOIIWOA 3 �• r-1. 0 18949 >1eo 0 c 'e -U 0 v 0 � fD 0 :T3 FT -a cn m+::E Z m X (D z O � n 3 r rr " N fJOIIWOA Sr �3ryr 0 CCD 060 n aa)i 0 18949 >1eo 0 c 'e -U 0 v 0 � fD 0 :T3 FT -a cn m+::E Z Exhibit B City of Lodi Standard Professional Services Agreement Hutchins Street Square Security Guard Services Security Officer: $17.00 per hour $27.00 per hour for Holidays The annual fee is not to exceed $40,000.00. Exhibit C Insurance Reauirements for Contractor The Contractor shall takeout and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performingwork covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insuranceshall be as follows: COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $2,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence $4,000,000 Aggregate NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiectthat it is insuring. A copy of the certificate of insurancewith the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be includedwith Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsementfor the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Completed Operations Endorsement A certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi during construction and for three years after acceptance. (d) Severability of Interest Clause The term "insured" is used severally and not collectivelv, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (e) Notice of Cancellation or Chanae in Coveraae Endorsement This policy may not be canceled nor the coverage reduced by the companywithout 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurancefor all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardouswork under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. NOTE: No contract agreementwill be signed norwill any work begin on a project until the proper insurance certificate is received by the City. I® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY1� 711912012 PRODUCER Venture Pacific Insurance Services, Inc. 27201 Puerta Real, Suite #270 Mission Viejo, CA 92691 www.venturepacificinsurance.com _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IN RERS AFFORDING COVERAGE NAIC # INSURED LyOIns SeCUrity Service 2582 N. Santiago Blvd. rBu Orange CA 92867-186 � �, 9 20f2 INS RERA: Steadfast Insurance Co INS RER B: The Hartford Insurance Company IN RER C: INS RER D: IN RER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEMSUED TOTHE INSURED NAMEDABOVE FORTHE 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 INSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES. AGGREGATELIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR OD•TYPFOFINSURANCE POLICY NU B F DATECMM/2DC ppL DAT( p�TION LIMITS A GENERAL LIABILITY EOL464583801 2/2/2012 2/2/2013 - - - $ 2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMSMADE ✓� OCCUR DAMAGEI 100,000 PREMISES( RENTED Ea occurrence) $ MEDEXP (Anyone person) 5,000 PERSONAL& ADV INJURY 5,000,000 GENL AGGREGATE LIMITAPPLIES PER PRODUCTS -COMP/OPAGG $ 5,000,000 ✓ PRO- LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Eaaccident) $ BODILY INJURY (Per person) $ ALL OWNEDAUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS PROPERTYDAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY -EA ACCIDENT $ ACC E OTHERTHAN ANY AUTOEA AUTO ONLY AGG $ EXCESSI UMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ BW &WJ-n§TLSi"r I W Y PROPRIETORIPARTNERIDECUTIV� )FFICER/MEMBER EXCLUDED? ,Mandatory in NH) 16WBOY5463 101112011 101112012 , E.L. EACHACCIDENT $ 1,000,00( E.L. DISEASE- EAEMPLOYE $ 1-000,000 If yes, describe under SPEC IAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER IESCRIPTIONOF OPERATIONS ILOCATIONSI VEHICLES/ EXCLUSIONSADDED BY ENDORSEMENT I SPECIAL PROVISIONS f required by contract, Additional Insured& Primary Wording is included as respects General Liability per attached Endorsements gddifional Insured: Cityof Lodi Norkers' Compensation Waiver of Subrogation is included per attached Endorsement CERTIFICATE HOLDER CANCELLATION City of Lodi 221 W Pine St Lodi CA 95240 ACORD 25 (2009/01) CERT ND.: 13651550 Lori Fitzpatrick 7/19/2012 9:19:56 AM Page 'I o£ 5 This certificate cancels and supersedes ALL prevfously issued cert(frcates. SHOULDANYOF THE ABOVEDESCRIBED POLICIESBECANCELLEDBEFORETHEEXPIRATION DATE THEREOF, THE ISSUING INSURERWILL KW-XQW* MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, )(J(dG�iSa4 %(ti�iit�fiC • 10 Days fw AUTHORIZED REPRESENTATIVE James Barton Premium. ©1988-2009ACORD CORPORATION. Al I rights reserved. IMPORTANT 9 ° , If the certificate holder is an ADDITIONAL INSURED, `the policy(ies) must l be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurancedoes not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativelyor negatively amend, extend or alterthe coverage afforded by the policies listed thereon. CORD 25 (2009101) CERT NO.: 13651550 Lori Fitzpatrick 7/19/2012 9:19:56 AN Page 2 of '5 This certificate cancels and supersedes ALL previously issued certificates. EO L464583801 Lyons Security Service 711912012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC - OWNERS, LESSEES OR CONTRACTORS - BROAD FORM This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO SAN INSURED (Section 11) iS:amended ailmIdUde`as an' nsur�ed-any>-pmGn ororminizaten-wt4orn-Yet are requked,to:add-as-an-additbnai-insure-d-on this_.,l)dicy,under-Rwriitten cont rwrittE nvgreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury' or "property damage" results from your negligence; and 2. The "bodily injury', "property damage" or "personal and advertising injury' results directly from: a. Your ongoing operations; or b. "YourwoW' completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contractor written agreement. C. However, regardless of the provisions of paragraphsA. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lowerof: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contractor written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' that results solely from negligenceof the additional insured; or 2- Bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicableof an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and U-GL-1175-ACW (9/03) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CERT NO... 13b51550 Lori Fitzpatrick 7/19/2012 9:19:56 AM Page 3 0£ 5 This certificate cancels and supersedes ALL previously issued certificates a A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer underwhich the additional insured also has rights as an insured or additional insured. K,, ed °;b. this endorsement is',pri,mar iosurance Fand we will not seek contribution from any other insurance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. U -GL -1 175-A CW (9/03) Page 2 of 2 Includescopyrighted material of Insurance Services Office, Inc. with its permission. CBRT NO.: 13651550 Lori Pitzpatrick 7/19/2012 9:19:56 AM Page 4 of 5 This certificate cancels and supersedes ALL previously issued certificates. 7/19/2012 THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER CIF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA to 0 N eN poky NuMba.16VVBQY5463 N1,011 r t. Effecilve hour 03hea gaols ae ota :`orr tie I"10mation Page of; then pcliclr: Ef(es'.�tfve. DAe: , - Nanod [rtaeu+eef;atld Addmw. . c, Lyons Security Service or tia H We have the right to recover our.paymeta, from anyw. 110.16 for an InJrty Frere # by, his policy. We will not N, enforce our right against the perSari:or o.. V . 14ation: named io 0w8k l etttils. t'tt s tee r t applies only to the extent that you perform work under a written ton€raet ti"iat-tequtrog:yOiftb Obtain this ogre8ttient`fiatrr us:} You must maintain payroll records eocurateiy regi getlrug the remuneration of`year employegs mile eogdoed it the work described in the Schedule. The additional premium for this -endorsement shall be X96 of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Wa Person or Organization Job Description % ANY PRISON OR ORGANIZATION 14NY PERSON OR ORGARIZATIOb AMR FROM WHOM YOU ARE REQUMD BY PAOrs WHOM YOU AM R9QUIM BY .�' WR]TTEN CONTRACT OR AGREEMBNT WRrTTEN CONTRACT OR AGREMMT mr OBTAIN THIS WAIVEI OF RIGHT TO OBTAIN THIS WAIM OF RIGHT FROM US. FROM US. Countersignedby ON FILE WITH CARRIER Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: CERT No.: 13652650 Lori Pitzpatrick 7/19/2012 10:47:03 AM Page 5.0i 5 This certificate cancels and supersedes ALL previously issued certiiieates. Policy Expiration Date: ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 07,19,2012 PRODUCER RICH GOEDL — STATE FARM INSURANCE THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 904 E IMPERIAL HWY BREA, CA 92$21 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. N INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERk State Farm Mutual Auto Insurance Company 25178 25178 LYON SECURITY SERVICE 2582 N SANTIAGO BLVD INSURER B: INSURER 0. ORANGE, CA 92867-1830 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID AIMS. INSR LTR ADD'L WSRD TYPE OF INSURANCE POLICY NUMBER 'OLICY EFFECTIVE DATE(MM/DD/YY) 'OLICY EXPIRATION DATE MMIDDMY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED PREMISES(Ea occurrence) $ GOMMERCIALGENERAL LIABILITY CLAIMS MADE R OCCUR MED EXP (Anyoneperson)$ PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN't-AGGREGATEUMlrAPPLES PER: PRODUCTS -COMP/OPAGG $ PRO- POLICY JECT LOC AUTOMOBILE LIABILITY 024 3723—D10-75 04-10-2012 10-10-2012 COMBINED SINGLE LIMIT 066 9489—B15-75 02-15-2012 08-15-2012 (Eaacddent) $ 1,000,000 ANY AUTO 066 9492—B15-75 02-15-2012 08-15-2012 ALL OWNEDAUTOS SCHEDULEDAUTOS 066 9494—B15-75 075 9461-1320-75 02-15-2012 02-20-2012 08-15-2012 08-20-2012 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) IHIREDAUTOS X NON-OWNEDAUTOS 090 0593—C04-75 304 1199—CO9-75 03-04-2012 03-09-2012 09-04-2012 09-09-20.12 331 3804—D26-75 04-26-2012 10-26-2012 PROPERTY DAMAGE (Per accident) $ GARAGELIABILITY AUTO ONLY—EA ACCIDENT' $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACHOCCURRENCE $ AGGREGATE $ OCCUR FICLAIMS MADE $ DEDUCTIBLE $ RETENTION $ INORKERS COMPENSATIONAND EMPLOYERS' LIABILITY WC STATU- OTH- TORYLIMIT I ER E.L. kACHACCIDdNT $ ANY PROPRIETOR/PARTNER/EXECUTIVE EL DISEASE- EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? lfxECes, describe under SPIAL PROVISIONS below E.L DISEASE- POLICYLIMIT S OTHER DESC OPTION OF OPERATIONS (LOCATIONS (VEHICLES/ EXCLUSIONS ADDED BY EN IRSEMENT ISPECIAL PROVISIONS CITY OF LODI SHOULD ANY OFTHEASOVEDESCRIBED POLICIES BECANCELLED BEFORETHEEXPIRATION 221 W PIN ST DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL X30 DAYS WRITTEN LODI, CA 95240 NOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT,BUTFAILURETODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORKED REPRESENTATIVE Rich Goedl 7993 AWKU ZO (LUUIIUO) I ne registration notices Inuicate ownersnlp of I 132849 03-13-2007 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativelyor negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/0$) RESOLUTION NO. 2012-122 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR SECURITY SERVICES AT HUTCHINS STREET SQUARE COMMUNITY CENTER WHEREAS, the City contracts for security services to monitor events at Hutchins Street Square; and WHEREAS, the areas monitored include the grounds of Hutchins Street Square, bordered by Rose, Walnut, Hutchins, and Oak Streets, the parking lots, and the interior of the buildingswhile scheduled events are taking place; and WHEREAS, Requests for Proposals were mailed out in May for security services and proposals were received from the following three companies: Lyons Security Service $17.00 per hour (approx. $40,000 annually) Windwalker Security Patrol, Inc. $15.90 per hour (approx. $37,000+ annually)* American Custom Private Security, Inc. $19.50 per hour (approx. $45,000+ annually) (* Proposal does not meetthe insurance requirements) WHEREAS, City staff requested qualifications from several security firms, and based on qualifications and fees, Lyons Security Service, Inc., of Orange, California, was selected. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement between the City of Lodi and Lyons Security Services, Inc., of Orange, California, to provide security services for Hutchins Street Square Community Center events in an amount not to exceed $40,000 annually; and BE IT FURTHER RESOLVED that the Professional Services Agreement shall be for a period of three years commencing August 1, 2012 through July 31, 2015. Dated: August 1, 2012 hereby certify that Resolution No. 2012-122 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 1, 2012, by the following vote: AYES: COUNCIL MEMBERS- Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS -None/-) 4N EDI JOHL City Clerk 2012-122