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HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-10AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM C06/0 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for On -Call Repairs and Maintenance of City Security Doors, Gates and Access Controls ($80,000) MEETING DATE: February 16, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Authorize City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for on-call repairs and maintenance of City security doors, gates and access controls, in the amount of $80,000. BACKGROUND INFORMATION: On August 19, 2020, Council awarded the Professional Services Agreement (Agreement) for on-call repairs and maintenance of City security doors, gates and access controls to Securitas Electronic Security, Inc. (Securitas), in the amount of $90,000. After the award of the original Agreement, several projects were identified as necessary to properly secure City facilities. These projects will utilize the majority of the original contract amount and include various keycard access improvements at the Transit station, White Slough Water Pollution Control Facility and City Hall. The cost of these projects total approximately $80,000. Staff recommends authorizing City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc. of Uniontown, Ohio for on-call repairs and maintenance of City security doors, gates and access controls, in the amount of $80,000. FISCAL IMPACT: Costs will be distributed to the division operating account dependent upon the location of the installation, repairs, and or maintenance. It is anticipated that approximately 50 percent of the work associated with this agreement will impact the General Fund. FUNDING AVAILABLE: Funding is budgeted in the operating accounts associated with the location of the repairs. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director a_9y_Q_ Charles E. Swimley, Jr Public Works Director Prepared by Rebecca Areida-Yadav, Public Works Management Analyst CES/RAY/cd Attachment APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\MISC\JANITORL\2019\C__Securitas Amend No 1 b doc 212/2022 AMENDMENT NO. 1 SECURITAS ELECTRONIC SECURITY, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and SECURITAS ELECTRONIC SECURITY, INC. a Delaware corporation, qualified to do business in California (hereinafter "CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on September 29, 2020 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY requested to increase the fees by an amount not to exceed $80,000 (for additional services), for a total not to exceed amount under the Agreement of $170,000; and 3. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Attest: PAMELA M. FARRIS Assistant City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney SECURITAS ELECTRONIC SECURITY, INC. a Delaware corporation, qualified to do business in California JEFF WASDEN Regional Sales Manager Firefox about:blank Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 1 2020, (the "Effective Date") by and between the CITY OF LODI, a munic pal corporation (hereinafter "CITY'), and SECURITAS ELECTRONIC SECURITY, INC., a Delaware corporation, qualified to do business in California (hereinafter "CONTRACTOR"). 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 on-call repairs and maintenance of City security doors, gates, and access controls (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 of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencernent 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 2,5, 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 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 1 of 14 9/16/2020,12:44 PM Pirefox 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 Stafflna 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. CONTRACTOR represents it Is prepared to and can perforin all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein, CONTRACTOR 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 2.6 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 the Effective Date and terminates upon the completion of the Scope of Services or on June 30, 2€323, whichever occurs first. Section 2.7 Option to Extend Perm of Agreement At its option, City may extend the terms of this Agreement for an additional two (2) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed five (5) years. 2 about:blank 2 of 14 9/16/2020,12:44 PM Firefox Section 2.8 Warranty Contractor hereby warrants items provided pursuant to Exhibit A will be free from defects for one (1) year after acceptance, which shall occur upon the earlier of (a) completion of installation of the item and CONTRACTOR's determination that the item is in operable condition, or (b) beneficial use of the item. CONTRACTOR's obligation under this warranty is limited to repairing or, at its option, replacing the part of the complete unit without cost to the CITY within a reasonable time after the receipt of written notice as to such defect and which its examination shall disclose to its satisfaction to have been defective. This warranty extends only to the original end user of new equipment and shall be void if the product is repaired or tampered with in any manner by other than CONTRACTOR's authorized service personnel. If inspection by CONTRACTOR does not disclose any defect covered by this warranty, the equipment will be repaired or replaced and CONTRACTOR'S regular service charges will apply, Services shall be warranted for a period of thirty (30) days. CONTRACTOR's obligation under this warranty Is limited to reperforming the defective services, CONTRACTOR MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED IN CONTRACT AND IN TORT LAW. ARTICLE 3 COMPENSATION Section 3.1 Co ensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of 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 and the parties have mutually agreed to an amendment to this Agreement to cover such additional work. Section 3.2 Prevailii� Wa e The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements Is on the prime contractor. 3 about:blank 3 of 14 9/16/2020, 12:44 PM Firefox Section 3.3 Contractor Registration —Labor Code §1725.5 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, Section 3.4 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. CITY shall pay any invoices not in a good faith dispute within sixty (60) days of receipt of invoice, CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.5 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 3.6 AB 626 Public Contract Code Section 9204 — Public Works Project Contract Dispute Resolution Procedure Section 9204 of the California Public Contract Code (the "Code") provides a claim resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated by this reference, and summarized in the following: Definitions: "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project, (B) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City, "Public Warks Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. 4 about:blank 4 of 14 9/16/2020, 12:44 PM Firefox Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) if the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor In writing, shall be submitted to nonbinding mediation, as set forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that Is denied by reason of such failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in writing, on their behalf or the behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim. Within 45 days of receipt of such written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, S about:blank 5 of 14 9/16/2020,12:44 PM about:blank if the original contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. The Claim resolution procedures and timellnes set forth in the Code are in addition to any other change order, claim, and dispute resolution procedures and requirements set forth in the City contract documents, to the extent that they are not in conflict with the timeframes and procedures the Code. Section 3.7 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 reasonably necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review (and obtain copy if legally required by statute or other regulation) 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 reasonable access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying (if legally required by statute or other regulation) such books, records, accounts, and other material that are directly 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. The parties agree that in no event shall the audit rights herein extend to CONTRACTOR's proprietary information or to information not affecting this Agreement. 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 Com Iianee 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. 6 6 of 14 9/16/2020,12:44 PM F irefox Section 4.3 Indemnification and Responsibility for Damage 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 and costs), 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 are liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election and cost, to conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, City may seek for CONTRACTOR to pay all of the actual costs directly related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or employee of either party shall be personally responsible for any liability arising under this Agreement. Section 4.6 Responsibility of CITY CITY, excluding Its gross negligence or willful misconduct, 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 Requirements for 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. 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, 7 about:blank 7 of 14 9/16/2020,12:44 PM Firefox except in whole by virtue of merger or acquisition, 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: Rebecca Areida-Yadav To CONTRACTOR: Securitas Electronic Security, Inc, 3800 Tabs Drive Uniontown, OH 44685 Attn: Legal Dept. 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 Employee 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 shalt 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 accomplishment thereof. Section 4.91 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated 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 l3 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 8 about:blank 8 of 14 9/16/2020,12:44 PM Firefox 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 Avolicable Lawes 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 be venued 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 seek 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 4.16 Captions 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 Integration 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. 9 about:blank 9 of 14 9/16/2020,12:44 PM Firefox 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 terns 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 affect the validity of any other provision of this Agreement. Section 4.19 Ownership of DOGL1111entS The parties contemplate at the time of this Agreement, that the products to be provided will be exclusively third party products and software. Therefore, CONTRACTOR shall pass through to CITY any end user license terms and along with any other pass through terms and conditions permitted and/or required for the use of such third party hardware and software, Other than the above referenced pass through licenses and/or terms and conditions, CONTRACTOR has no intellectual property rights or other rights in the third party development. Although not anticipated, should any order specify CONTRACTOR proprietary hardware, software, or security system designs, the parties shall agree in advance, and in writing, on the rights associated with such proposed order. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundina Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Limitation of Liability UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE 114 ANY WAY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED IN BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE OR OTHERWISE. IN CONNECTION WITH THE MANUFACTURE, USE OR SALE OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY HEREIN, IF FOR ANY REASON EITHER PARTY IS FOUND TO BE 16 about:blank 10 of 14 9/16/2020,12:44 PM Firefox LIABLE, IN NO EVENT SHALL SUCH PARTYS LIABILITY EXCEED THE INSURANCE LIMITS CALLED FOR IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY OR ITS INSURERS BE LIABLE TO THE OTHER PARTY FOR LOSS OR DAMAGE ARISING FROM OR RELATED TO AN ACT OF TERORISM, THE PARTIES INTEND FOR THIS WAIVER TO "FLOW DOWN" TO THEIR RESPECTIVE CONTRACTORS, IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST:// IFER , SMIR city Clerk APPROVED AS TO FORM; JANICE D. MAGDICH, City Attorney CITY OF LODI, a municipal corporation Steve Schwabauer STEPHEN SCHWA13AUER City Manager SECURITAS ELECTRONIC SECURITY, INC., a Delaware corporation Name- Titles -- Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirement* Exhibit D — Federal Transit Funding Conditions IN applicable) Funding Source; (Business Unit & Account No.) Doc ID;K:%WPIPROJECTWSA'e120191Securilas PSA doc Mlev,M2020 11 APPROVED By rotas Hann on W 2W Pm, Aug 25, 2M about:blank 11 of 14 9/16/2020,12:44 PM 1 irefox Electrordc Security October 1411, 2019 Securlles Elacf ft SecurHy, lncarporafed SES Wilco Headquartaa 3000 Taba Drive Uniontown, OH 44695 USA TPR Free 655.331-0359 www.secOtases corn Rebecca Areida-Yadev, Management Analyst Public Works Department City of Lodi (209) 333-8706 Dear Mrs. Yadev, On behalf of Securltas Electronic Security, I am pleased to present the belowTime and Material Hourly rate for the City of Lodi for on call repairs and maintenance for security doors, gates and access control, The Securitas Electronic Security rate forthe first year of this agreement is $175 per hour, Monday — Friday Sam — 5pm, $262.56 Overtime and $350 Sunday and Holiday with a 3% escalation for each additional year. All additional work will be quoted based on this rate to include any applicable material and travel cost to be approved by the City of Lodi prior to any work being performed. Again, l would like to thank you for this opportunity and I look forward to working with you. Regards. [NOT TO EXCEED $90"'000 2 laltn Mrn�lcrxa Exhibit AfB about:blank 12 of 14 9/16/2020, 12:44 PM Firefox EXHIBIT C NOTE., The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online Insurance program requesting you to forward the email to your insurance provider{s} to submit the required insurance documentation electronically Insurance ftocurirpnfenis for Most Contracts (Not construatian or rouuIrinQ RroFessionaI Ilab IIItvj Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in c ine3ction wilh the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as; 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an 'occurrence' basis, including products and completed operations, properly damage, bodily injury and personal & advertising Injury with limits no less than $1.000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projectilocatlon (I80 CG 25 03 of 25 04) or the general aggregate limit shall be twice the required aocurrence limit. 2, Automobile Liability. 180 Form plumber CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less then $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of Catifonnia, with Statutory Limits, and Employers Liability insurance with limit of no less than $1,000,000 per accident for bodily Injury or disease. Qkbgr Insurenre Pr¢vlgions:. (a) Ad 00! if al Insured_ 1Wu-is The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds an the CGL, and auto policy with respect to liabillty arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment fumished in connection with such work or operalions. General liability coverage can be provided In the fort of an endorsement to the Contractor's Insurance (at least as broad as ISO Form CG 20 10 11 85 or If not available, through the addition of both CG 2010, CG 20 28, CG 20 33, or CG 20 38: and CG 20 37 If a later edition is used (b) Primary and Mond;nntrihu[ory_Insurance odors men The Ilmits of insurance coverage required may he satisfied by a combination of primary and umbrella or excess insurance, For any claims related to this conirecl, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, Its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contraaior's insurance and shall not contribute with it. (c) Waiver of Suhrogalion Contractor hereby grants to City of Lodi a waiver of any right to subrogatlan which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may he necessary to affect this waiver of 9ubrogatlon, but chis provision applies regardless of whether or not the Clty of Lodi has received a waiver of sub rogatlon endorsement from the insurer NOTE. (1) The street address of the CITY SDI must be shown along wish (a) and (b) and (c) above; 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the gralect that it Is insuring. (d) 5e vurabiilly_pi InleresIClause The term 'insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability pollcles (e) ph0ce of Cancellalion or Chancge_m_ Cover. Endorse inctg1 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 Ledi, 221 *est Pine 5t., Lodi, CA 85240. AlipoliCiesB Itt imaffecte orbefvre-the-fir day Agrr�m-nent-Atlesst1hlny(9fi fags 1 l of 2 pages R�skysre1Mv. 3lnr 3 De' phation about:blank 13 of 14 9/16/2020, 12:44 PM Firefox Of each insurance paRcy. Contractor shall furnish a certificate (s) showing that a new or axis ndad policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractors insurance to ii a Is dlscontlnued for any reason, Contractor shall immediately notify the City and Immediately obtain replacement Insurance. C on tractor agrees and stipulates that any insurance coverage provided to tha 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 Coda Sectlon 810 et seq.), (g) FailureAq Comply Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof or Insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) )herificatiorf Cove a Cansultant shall fumish the City with a copy of the policy doeterafon and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecling coverage required by this clause. All certificates and endorsements are to las recaived and approved by the City before work ccmmenres. However, faflure to obtain the requlred documents prior to the work beginning shat I not waive the Consultant's obligation to provide them. The City reserves the right to review oomplete, earifffed copies of all required insurance policies, Induding endorsements required by these speclficalion s, at any time upon reasonable prior written notice. Failure to exercise this right shall not cortaf tuia a waiver of the City's right to exercise after the effective data. (1) $elf -Insured Retentions Self-insured retentions must be declared la and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim admfnistrallon, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 0) au-Lcmuplm Consultant shall require and verify that all sutxcontractors maintain Insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional Insured on insurance required from subcontractors (k) Puaiified I.,mu r ) All insurance required by the team of this Agreement must be provided by Insurers licensed to do business In the State of California which are rated at least W. VI'by this AM Best Ratings Guide. and which are acceptable to the City. Non•admitted surpius lines carriers may Im accepted provided they aro included on the most recent list of Cal lforn€a eligible surplus lines insurers (LESLI list) and otherwise meet City requirements Page 2 1 of 2 pages Risk: rev. 3/112098 about:blank 14 of 14 9/16/2020,12:44 PM RESOLUTION NO. 2022-30 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SECURITAS ELECTRONIC SECURITY, INC., OF UNIONTOWN, OHIO, FOR ON-CALL REPAIRS AND MAINTENANCE OF CITY SECURITY DOORS, GATES, AND ACCESS CONTROLS WHEREAS, on August 19, 2020, Council awarded the Professional Services Agreement for on-call repairs and maintenance of City security doors, gates, and access controls to Securitas Electronic Security, Inc. (Securitas), in the amount of $80,000; and WHEREAS, after the award of the original Agreement, several projects were identified as necessary to properly secure City facilities which will utilize the majority of the original contract amount; and WHEREAS, these projects include keycard access improvements at the Transit station, White Slough Water Pollution Control Facility, and City Hall with the cost of these projects totaling approximately $80,000; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for on-call repairs and maintenance of City security doors, gates, and access controls, in the amount of $80,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for on-call repairs and maintenance of City security doors, gates, and access controls, in the amount of $80,000; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 16, 2022 I hereby certify that Resolution No. 2022-30 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN; COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2022-30