CITY OF HAWTHORNE
AGREEMENT FOR CONSULTANT SERVICES
THIS CONSULTANT AGREEMENT is made and effective as of March 14, 2023 etween the City of Hawthorne, a municipal corporation ("City") and Citigaurd In "Consultant"). In consideration of the mutual covenants and conditions set forth herein the parties agree as follows:
TERM
This Agreement shall commence on March 14, 2023, and shall remain and continue in effect on an as needed basis unless sooner terminated pursuant to the provisions of this Agreement.
SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full as part of its services.
Consultant may be asked to provide additional services if necessary during the term of this Agreement.
PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilize by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
PAYMENT
(a) The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on services indicated in Exhibit A of this Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Public Works. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the Director of Public Works and at the time the City's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Director of Public Works or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.
In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
2 7. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant.
INDEMNIFICATION
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
INSURANCE
A) Consultant shall maintain in-force: Professional Liability Insurance. Consultant shall maintain in-force; Professional Liability Insurance (and/or Errors & Omissions Insurance) with minimum limits of liability of $1,000,000 combined single limit coverage against an injury, death, loss or damages because of wrongful or negligent acts or omissions by the named insured.
B) Contractor shall maintain in-force Workers' Compensation and Employer's Liability Insurance as required by the California Labor 3 Code. Evidence of coverage shall take the form of a Certificate of Insurance or a California Certificate to Self-Insure. Acceptable minimum limits for this coverage are: Workers' Compensation; Statutory in California; Employer's Liability: $1,000,000.
C) Certificates of Insurance. Contractor shall furnish to Customer evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policys) meets the following requirements: (1) The City, its officers, and employees shall be named as additional insured on the General Liability Insurance; (2) Insurance shall not be canceled or terminated without 30 days written notice; (3) General Liability shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance; (4) Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance as stipulated in this Agreement and all amendments thereto.
10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, of agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
4 The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
12. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Hawthorne in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Hawthorne will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with 5 respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City because of the personal nature of the services to be rendered pursuant to this Agreement.
16. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating t the obligations of the parties described in this Agreement. All prior ot contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect, Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF HAWTHORNE: CONSULTANT:
Sami Nomair
By:
Name: Sami Nomair
Title: Executive Director
City of Hawthorne Citiguard Inc
APPROVED AS TO FORM: ATTEST:
ROBERT KIM Dayna Williams-Hunter
City Attorney City Clerk
City of Hawthorne City of Hawthorne
7 EXHIBIT A
Proposal
8 itiguard
RFP Response to:
RFP for Bridge Housing Site Security
February 9, 2023
Howaçd Fridkin,
Sr. Security Consultant
Citiguard, inc
22736 Vanowen St., Ste. 300
West Hills, CA 91307
Tel: 800-613-5903
Email: [email protected]
Kimberly Mack,
Director of Housing
City of Hawthorne
4455 W 126th St
Hawthorne, California 90250
Dear Ms. Mack:
Just a quick note of appreciation for affording Citiguard, inc the opportunity to submit our security services proposal to you.
Our stalwart Citiguard team completely recognizes and understands, with commitment and guarantee, and without exemption, that we will provide an effective, comprehensive plan to safeguard the Bridge of Hope Community Housing facility (tiny home) located at 3200 W 131st St, Hawthorne, CA 90250.
Because of the nature and "Work Scope" of this particular RFP with the City of Hawthorne, Sami Nomair (President) will also oversee the project. As the owner of Citiguard, Mr. Nomair offers over sixteen years of hands-on involvement in all functions of security prevention. He specializes in handling city facilities, including the safeguarding challenges of schools, hospitals and large-scale contracts for homeless shelters. His contact info: Tel:
800-613-5903 / email: [email protected].
Citiguard will be obligated by any and all RFP addenda and attests that this proposal will remain valid for a period of not less than one hundred eighty (180) days from the date of submittal. Citiguard accepts all terms and conditions contained in Appendix A (Sample Services Agreement) with no objections to any part.
itiguard™
We look forward to establishing a solid association with the City of Hawthorne as we strive to achieve your trust and confidence with our professional work ethics and diligence in providing the essential security you demand. Citiguard affirms that all submitted information is true, accurate and correct.
Best Regards,
Howard Fridkin
Howard Fridkin
Sr. Security Consultant
Authorized to execute documents on behalf of Citiguard, inc Confidential Information/
800-613-5903 / www.Citiguardinc.co
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TABLE OF CONTENTS
TECHNICAL PROPOSAL ..1 - 5
• Qualifications. 1 - 2
• Related Experience... ...2
• References ..2 - 3
• Executive Summary. .3 - 4
• Financial Condition. ..4
STAFFING AND PROJECT ORGANIZATION.. 4 - 9
• Key Personnel.. ..5 - 8
• Organizational Chart. .9
WORK PLAN/SCOPE OF WORK....... .10 - 11
All completed/signed forms are included at the END of this RFP response:
1. FINANCIAL STATEMENTS
2. PROPOSAL INFORMATION
3. Attachment 1: PROPOSER'S AFFIDAVIT
4. Attachment 2: M/WBE CERTIFICATIONS
5. Attachment 3: EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Confidential Information/
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TECHNICAL PROPOSAL
• Qualifications
Citiguard currently services schools, community centers, city construction projects, dealerships, museums, hospitals, shopping centers, airports, residential and commercial properties, and high-profile special events. Our invaluable experience in handling large-scale projects comes with the ever-challenging, unpredictability of emergency situations constantly erupting at heavily populated facilities and locations. For Example, in dealing with homeless shelters such as our ongoing service to the Los Angeles Homeless Services Authority (LAHSA) never fails to prove its demand for enhanced safety, as we provide a dynamic security plan for 24/7 coverage between 36 properties with as many as 28 guards per shift.
With key personnel combining their experience in the security guard service industry, Citiguard is proud to offer over sixty years of proficiency, capability, aptitude and dependability to fortify security to the most expansive areas to a single location, posting one guard. Nothing less than incomparable safeguarding will be given to all contracts.
The most important first step in initiating security protection is the development of specific post order instructions that describe the security officer's duties and responsibilities.
When written carefully, concisely and comprehensively, both the client and Citiguard can be assured that the security assignments will be attentively performed Because we realize that every client is distinct in having different security requirements and concerns, we recognize that all security officers do not fit all security applications; consequently, we at Citiguard want our clients to participate in the meeting and interviewing of the recommended officers that will be responsible for their property, for their approval, before the actual deployment of the officer.
Citiguard believes that if you don't get off to the right start, most likely, there are going to be preventable stumbles; therefore, our field supervisors, during the first month of security service and at no additional charge, will frequently visit our client's site to insure that all aspects of post order duties are being diligently executed.
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We also believe that communication is the key to a successful partnership, as we schedule bi-weekly client meetings to discuss security performance issues. After all, you don't know how well you're doing until you ask.
• Related Experience
Citiguard excels in our expertise in providing elite security services to federally run homeless shelters by deploying ex-military and ex-police Security Personnel trained to prevent harm, theft and vandalism to your properties and the safety of your boarders. I confirm our explicit understanding of your work scope and special conditions since these duties are similar to the services we provide for PATH, HOPE OF THE VALLEY and LAHSA. • References
LAHSA (32 locations)
707 Wilshire Bivd 10th Floor
Los Angeles, CA 90017
Contact Person: Elsie Nwankwo,
Coordinator, Contracts & Procurement
Tel: 213-225-8429
Cell: 213-216-2558
Email: [email protected]
Website: www.lahsa.org
Term of contract: Ongoing
Service: 800 unarmed security guards / 24/7 / patrol, monitor and keeping track of the comings and goings of all boarders and de-escalating aggressive behavior and disruptive personalities.
PATH (Highland Gardens Hotel for homeless)
340 N. Madison Ave.
Los Angeles, CA 90004
Contact person: Tescia Uribe
Tel: 213-446-5002
Email: [email protected]
Term of contract: Ongoing
Service: 16 unarmed security guards / 24/7 / patrol, monitor and keeping track of the comings and goings of all boarders and de-escalating aggressive behavior and disruptive personalities.
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HOPE OF THE VALLEY (3 locations)
6425 Tyrone Ave.
Van Nuys, CA 91401
Contact person: Steve Morse, Director
Tel: 818-392-0020 ext. 1013
Email: [email protected]
Term of contract: Ongoing
Services: 12 unarmed security guards / 24/7 / patrol, monitor and keeping track of the comings and goings of all boarders and de-escalating aggressive behavior and disruptive personalities. • Executive Summary
Citiguard, an S Corporation, was established by two dedicated individuals in 2007.
Having observed the many deficiencies by multiple security providers they had previously worked for led them to the creation of an upstart model that would address all clients' concerns.
Citiguard started as a basic guard services provider with less than a dozen employees but has presently grown to a workforce of over 4,000 employees and office supporting staff devoted to safeguarding both the assets and personnel of each client and providing impeccable security for the last 16 years. Citiguard's reputation for maintaining the highest professional standards for diligent onsite security vigilance and protective response continues to exceed client expectations today.
Our security protection consultants at Citiguard are highly educated and experienced with over 60 years of experience. Our security consultants manage highly trained and skilled field security supervisors and security guards, with yearly refresher courses and continuous on the job training to ensure our security guards are always "on their toes" for our client's needs.
Citiguard's valued clients have acknowledged and appreciate the training, experience and knowledge of the field supervisory team and the excellence of our security team's advanced training. We now have 7 offices throughout California located in Los Angeles, Irvine, Rancho Cucamonga, San Diego, Sacramento, Oakland, and West Hills.
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Citiguard is one of the most trusted security guard companies in the Southern California Region and is rapidly approaching the top in Central and Northern California, providing security guard services to some of the largest Property Management Companies, Health Care Organizations, Automotive Industries, Hospitals, Construction Companies, Fortune 500 businesses and a variety of city and government facilities that require unarmed and armed protection for the public and the safeguarding of their properties against the extreme rise of vandalism and the new pandemic of homeless and transients. • Financial Conditions
Citiguard declares that the company has no bankruptcies, pending litigations, outstanding claims in excess of twenty-five thousand ($25,000) for or against the firm; planned office closures, impending mergers and acquisitions.
Citiguard has provided its financial statements for the previous three years (included separately in package).
STAFFING AND PROJECT ORGANIZATION
Citiguard will facilitate a rigorous, steadfast security schedule to completely blanket security for the Bridge of Hope Community Housing facility located at 3200 W 131st St, Hawthorne, CA 90250, utilizing our most seasoned, experienced Citiguard administrators.
Your assigned Account Manager and Sr. Security Consultant will initially meet with the City of Hawthorne's authorized staff members connected with this RFP to supply a breakdown of your administrative security team. Direct telephone numbers and email address will be furnished to ensure consistent communication on a 24-hour basis if needed. All procedures, policies and methods pertaining to this RFP will be plotted out in every assigned detail, which will enable full comprehension of its post orders to the City of Hawthorne's authorized staff members and your Resolution Project Manager, Vanessa Calloway, and Housing Manager, Jesus Morales.
•
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Transitioning, either from an internal program, or from another security provider, to a relationship with Citiguard will bring a wealth of new resources and services to your security program, allowing you to focus entirely on your day to day operations.
Upon commencement of an agreement, expect a transition that is smooth, swift, and presents no disruption to your operation. Of course, that takes careful planning and a partner like Citiguard - that has the experience of transitioning over a thousand of new service hours annually, communication is the key to a successful start-up. Citiguard management will conduct weekly meetings with you throughout the transition process to give status updates and implement all adjustments as prescribed by the meeting outcome. • Key Personnel
Sami Nomair (President)
A dedicated community leader, who sits on the Board of Directors for the LAPD, committed to improving safeguarding enforcement in these precarious, challenging times, started his security company in 2007. Having observed the many deficiencies of multiple security providers he had previously worked for, he created an upstart model to address all clients' concerns. In 2014 Mr. Nomair took responsibility as the account manager for his first large-scale project to provide on-site security services for Ontario International Airport in Ontario, CA. As of most recently, Mr. Nomair manages Los Angeles Homeless Services Authority (LAHSA) Project Roomkey and continues to do an exceptional job managing security for 34 Project Roomkey hotels. Owing to his conscientious administrative skills, Citiguard is acquiring a larger scale of work for (LAHSA) security services when needed. Because of the large work scope of this project, Mr. Nomair will supervise the entire organizational team to ensure that the City of Hawthorne experiences a trouble-free security and performance schedule across the board.
Educational Background:
Mr. Nomair attended University of California Los Angeles and in 2011 graduated with a bachelor's degree in Business Management. He continues to participate in senior operational and business development training which includes Leadership Essentials, Coaching, Delegating, and Process Improvement and Crisis Management courses.
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Steven Barragan (Regional Manager):
Mr. Barragan started working at Citiguard in 2015 and began as an account manager.
Mr. Barragan began working in the security industry in 2010 as a security guard based in Los Angeles. During that time, Mr. Barragan studied the detailed communication required between the account manager and the property managers to maintain a profitable relationship. As a result, Citiguard recruited Mr. Barragan at the beginning of 2015. Under the direction of Mr.
Nomair. Mr. Barragan managed more than 50 properties within his first year. With yearly growth in properties both managed and contracts maintained, Mr. Barragan was promoted to the regional manager at the beginning of 2019. In 2019, Mr. Barragan was promoted to Regional Manager beginning in Los Angeles and currently manages all of Southern California. His first large project management was with Eataly, located in the Westfield Century City, in 2016. He continued to prove excellence in managing Chesterfield Square, located in Los Angeles, CA, in early 2018. Steven has recently been appointed to manage large-scale marketplaces and properties throughout Southern California.
Educational Background:
Mr. Barragan attended California State Fullerton and, in 2009, graduated with a bachelor's degree in business administration. In addition, Steven participates in yearly corporate training seminars and administration training.
Jonathan Morvant (Project Manager):
Strategic responsibilities focus on evaluation, selection and the training of our security guards. His experience in handling a wide range of technical equipment and his knowledge of safety procedures, including firearm safety, makes communication with local authorities, police officers, fire fighters and emergency services a beneficial tool in assisting security posts that are experiencing extraordinary circumstances. Mr. Morvant oversees our large-scale city and government contracts, assisting his team in coordinating the deployment of security personnel for a vast variety of post locations for such facilities as Caltrans and LAHSA.
Educational Background:
Mr. Morvant is a graduate from the University of San Diego with A Bachelor's degree in Executive Management.
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Bashir Oriakhil: (Quality Assurance Director):
Mr. Oriakhil began working with Citiguard at the beginning of 2016 and has worked as a Quality Assurance manager with multiple security providers since 2010. Mr. Oriakhil stood out with his experience and attention to detail. He showed a dedication to learning every detail in his line of work, and in 2018 he was promoted to Quality Assurance Director. Mr. Oriakhil maintains direct contact with each Quality Assurance Manager in the State of California and assesses each project site to maximize the quality of Citiguard's service.
Educational Background:
Mr. Oriakhil has a military background and worked with the United States Defense in Afghanistan. He went to the University of Kabul and earned his arts bachelor's. Upon returning to the United States, Bashir avidly takes yearly quality assurance courses and seminars.
Howard Fridkin: (Senior Security Consultant):
Mr. Fridkin has ten years of experience in customer service and security personnel management. He oversees the maintenance of Citiguard's Quality Assurance Policy by monitoring its Customer Service Department and maintaining direct communication with clients to ensure they receive exemplary onsite security performance from each officer.
Educational Background:
Mr. Fridkin is a graduate from UCLA and holds an MBA.
Aurora Olmos (Accounts Manager):
Ms. Olmos and her management team operates as one, making certain that our availability to you is on a 24/7 basis. She has designed a flawless response system that adheres to the client's needs & requests without unnecessary delays. Ms. Olmos ensures each client's scope of work is matched with the right team of supervisors in order to execute the most efficient security scheduling, deployment and performance.
Educational Background:
Ms. Olmos is a graduate from the University of San Francisco and has a Master's Degree in Financial Economics & Performance Studies in Management.
Braulio Lopez (Security Coordinator):
Mr. Lopez is responsible for overseeing the activities of the security shift which provides safety and protects all patrons, employees and company assets. Supervise programs and processes to reduce and control loss time injuries.
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Review staffing levels to maintain full coverage of posts. Delegate authority and assign responsibilities. Investigate incidents and/or customer complaints and compile data for accurate reporting.
Educational Background:
Mr. Lopez is a graduate from the University of Irvine with a Bachelor's Degree in criminal Justice.
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Organizational Chart
CEO
Gharzai
Nomair
•Quality
President Regional Assurance
Vice President Manager ;
Bashir
[Sami Nomair Steven Oriakhill
Gary Wallach! Barragan
Human Scheduling Sr. Security District Dispatcher
Director of Resources Secretary Dept. Manager Patrol: Manager Accounting Consultant • Manager
Bobby! Melvini Ron Sergio Tom Fitzman] Denny:
Bennett/ Howard Vasquez
Simi Babul Narayan Fridkin calderaa Torosyan
Karina • Labor
Project 'Field: Field Security
Arzumanyan Compliance Treasurer Supervisors
Security Security Manager Supervisors Coordinator
Jenna Abbad Julia Ortiz Consultant Consultant Jonathan Daniel Ward Braulio Henry
Morvant Linares Lopez
Kevin Auston Jay Burrows
Account
• Manager
Aurora
Olmas.
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WORK PLAN/SCOPE OF WORK
Citiguard will provide highly trained and fully uniformed unarmed security officers for the Bridge of Hope Community Housing facility (tiny home) located at 3200 W 131st St, Hawthorne, CA 90250. Security Officers will be equipped by Citiguard with two-way radio communications equipment, cell phones, and other electronic technology, including software technology to monitor guards' performance activity throughout their shifts. The software will be made available to all authorized staff members of the City of Hawthorne as part of the contract. Citiguard Security Officers will wear a uniform that will display a badge and patch identifying the Security Officer as an employee of Citiguard. Citiguard will supply a sufficient uniform for each officer so that they present a neat, clean, and professional (i.e., shirt fucked in) appearance while on duty, including foul-weather gear, flashlights, and other items required for employee safety.
Citiguard's Security Officers will observe and report all offenses or violations of city rules and regulations, as well as local, state, and federal laws. Our Security Officers will act on observed offenses by removing any disruptive persons by citizen's arrest, or by calling the Hawthorne Police Department to report a crime. Our Security Officers will be responsible for maintaining complete incident and arrest report records and will provide designated staff members of the City of Hawthorne with copies of such reports in less than 48 (forty-eight) hours from the end of a daily shift. In addition, Citiguard will provide monthly statistical reports.
Citiguard at no cost to the City of Hawthorne will provide an Account Manager who will have the authority to supervise and oversee day-to-day operations and consult on a daily or as needed basis with designated staff members of the City of Hawthorne ensure no lapse in service protection. Citiguard will conduct site inspections at all designated locations specified by the City of Hawthorne on a weekly basis to evaluate performances.
All Citiguard Security Officers are skilled in procedural and concierge attentiveness, which will always be offered to your residents as our security personnel work in unison with other existing service providers at your community housing.
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To provide additional safeguarding for the Bridge of Hope Community Housing facility, Citiguard will employ the astute and versatile technology of CitiTrac which, aside from its capabilities within the context of security service monitoring and reporting, provides the sophistication in auditing security service hours which, in turn, is conveyed to our Accounting Department for invoice development.
The CitiTrac software affords precise records of when security guards' clock into a shift and when the guards' clock out, thus exhibiting the full tenure of respective shifts for billing processes. CitTrac's hand-held mobile device optimizes the vital ability for Citiguard Officers to monitor, receive, and respond immediately to security issues. CitiTrac's astute technology provides Citiguard's security personnel the ability to report the exact details of a security issue within moments. All reported issues are time stamped and assigned automatic tracking numbers. CitiTrac also allows Citiguard officers to take time-stamped photographs, as well as record security issues on audio files that are automatically attached to the reported issue.
CitiTrac is a security service asset that Citiguard furnishes at no-additional-charge as an aspect of our Added-Value advantages.
Citiguard will provide an Account Manager who will have the authority to supervise and oversee day-to-day operations and consult on a daily or as needed basis with designated staff members of the City of Hawthorne to ensure no lapse in service protection. Citiguard will conduct site inspections at the Bridge of Hope Community Housing facility on 3200 W. 131$l Street on a weekly basis to evaluate performances.
Citiguard's management team operates as one; we are there for you at any time of the day or week. All our management representatives always make it important to adhere to the client's needs & requests. Each client is provided an account manager who is liaison between clients and Citiguard management department; in addition to that clients are also given supervisors who focus on security guard scheduling, performance & client satisfaction.
CitiTrac's versatility also provides the receiving of tasks and alerts, the viewing of post orders, the ability to scan checkpoints, and the opportunity to view security services performance.
END
Confidential Information/
800-613-5903 / www.Citiguardinc.co
itiguard™
BRIDGE OF HOPE COMMUNITY HOUSING
RFP: BRIDGE HOUSING SITE SECURITY
PROPOSED PRICE SHEET FOR
CITY OF HAWTHORNE
Sites: 3200 W 131st St, Hawthorne, CA 90250
Duties: two-phase project:
1) Development of an Operations and Security Plan: Citiguard will work with the City of Hawthorne to develop an approved Operations and Security Plan that outlines how the site will be monitored and ensures all residents' safety. The Plan will include program policies and procedures, participant eligibility criteria, program intake and exit procedures, site oversight responsibilities, staffing levels, qualifications, and schedule.
2) Operation of the Site: Citiguard will operate the site according to the approved Operations and Security Plan. In general, operations and security activities will include but are not limited to identifying and screening participants, staff and visitors daily.
*NOTE -- Price of Security Guard per hour includes all Key Personnel assigned to project. Citiguard uses NO sub-consultants or sub-contractors.
Type of Security Service Unarmed
Number of Security Guards One (1)
Days of Service Monday - Sunday
Hours of Service Twenty-four (24)
Cost Per Hour $24.00
Total Service Days Per Week Seven (7)
Total Service Hours Per Day Twenty-four (24)
Total Service Hours Per 7 Day Week One hundred, sixty-eight Schedule (168)
Total Cost Per Month $17,459.00
Total Cost for 1st Year $209,503.00
Confidential Information/
323-948-7691 / www.Citiguardinc.co.
CITIGUARD
Profit & Loss
January through December 2019
3:16 PM Citiguard
10/20/22
Accryplan Income/Expense Profit & Loss
January through December 2019
Income
Services (Unarmed Security Services)
Total Income
Gross Profit
Expense
Accounting
Advertising and Promotion (Advertising, marketing, graphic design, and other promotional expenses) nline Branding & Developmen
divertising and Promotion (Advertising, marketing, graphle dosign, and other promotlonal exponses) - Othe Total Advertising and Promotion (Advertising, marketing, graphle design, and other promotional expenses) Answering Services
Automobile & Truck Expense (Fuel, oll, ropalrs, and other automoblle maintenance for business autos) Auto Citations
Auto Dotall (Car Wash)
Auto Purchase
Auto Registration
Auto Repalr
Auto Towing
Automoblle & Truck Expense (Ful, oll, repairs, and other automobile maintenance for business autos) - Other Total Automobile & Truck Expense (Fuel, oll, repalrs, and other automobile maintenance for business autos) Bank Service Charges (Bank account service foes, bad chock charges and other bank fees) Business Consulting
Charitable Contribution
Client Entertainment
Client Settlements
Commission
Computer and Internet Expenses (Computer supples, off-the-shelf software, online fees, and other computer or Internet related expe Dellvery & Freight
Golf Carts
Golf Cart Purchase
Golf Cart Repair
Total Golf Carts
Guard Gasoline Reimburaement
Guard Mileage
Insurance Expense (Insurance expenses)
Auto Insurance
3:16 PM Citiguard
10/20/22 Profit & Loss
Accrual Basis General Liability
January through December 2019
Workers Compensation
Total Insurance Expense (Insurance expenses)
Licenses and Permits
Meals (Business meals and entertainment expenses, Including travel-related meals (may have limited deductiblity) Office Expense
Water Maohine
Office Expense - Other
Total Office Expense
Office Supplies (Office supples expense)
Printer Toner
Office Supplies (Office suppiles expense) - Other
Total Office Supplies (Office supples expense)
Parking Feas
Payroll Expenses (Payroll expenses)
Gross Wages
Payroll Fees
Payroll Taxes Employer
Payroll Expenses (Payroll expenses) - Other
Total Payroll Expenses (Payroll expenses)
Printing
Professional Fees (Payments to accounting professionals and attorneys for accounting or legal services) Legal Fees
Professional Faes (Payments to accounting professionals and attorneys for accounting or legal services) - Other Total Professlonal Fees (Payments to accounting professionals and attorneys for accounting or legal services) Rent Expense (Rent paid for company offices or other structures used in the business) Rental Cars (Patrol)
Repairs and Maintenance (Incidental repairs and maintenance of business assets that do not add to the value or appreclably prolong Share Holder Credit Card (American Expreas, Capital One,) Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) Phone Accessorles
Telephone Expanse (Telephone and long distance chargos, faxing, and other fees Not equipment purchasas) - Other Total Telephone Expense (Telephone and long distance charges, faxing, and other feas Not equipment purchases) Traval Expense (Business-related travel expenses including alrline tickets, taxi fares, hotel and other travel expenses) Uniform
Uniform Dry Cleaning
Uniform Talloring
Uniform - Other
3:16 PM Citiguard
10/20/22 Profit & Loss
Accrual Basis Total Uniform
January through December 2019
Total Expense
Net Ordinary Income
Other Income/Expense
Other Income
Refund (Refund from a Vendor)
Total Other Income
Other Expense
Ask My Accountant (Transactions to be discussed with accountant, consultant, or tax proparer) Total Other Expense
Net Other Income
Net Income
CITIGUARD
Profit & Loss
January through December 2020
2:38 PM Citiguard
10/20/22 Profit & Loss
AccrypaRa/income/Expanse
January through December 2020
Gredit Card Refund (Credit card refund on fraudulent activity or extra charges) Services (Unarmed Security Sorvices)
Total Income
Gross Profit
Accounting
Advertising and Promotion (Advertlaing, marketing, graphle design, and other promotional expenses) Online Branding & Davelopmont
Online Branding & Development- Other
Total Online Branding & Development
dvertising and Promotion (Advertising, marketing, graphic design, and other promotional exponses) - Oth otal Advertising and Promotion (Advertising, marketing, graphic design, and other promotional expense:
Answering Services
Association Fees
Automobile & Truck Expense (Fuel, oll, repairs, and other automoblle maintenance for business autos) Auto Citations
Auto Detall (Car Wash)
Auto Purchase
Auto Registration
•
Auto Repair
Auto Towing
Automobile & Truck Expense (Fuel, oll, repairs, and other automobile maintonance for business autos) - Other Total Automobile & Truck Expenso (Fuel, oll, repairs, and othor automoblle malntenance for business autos) Bank Service Charges (Bank account service fees, bad check charges and other bank fees) Business Consulting
Business License Taxes
Chamber of Commerce
Charitable Contribution
City Citations
Client Entertainment
Client Settlements
Computer and Internet Expenses (Computer suppiles, off-the-shelf software, online foes, and other computer or Internet related expr 2:38 PM Citiguard
10/20/22 Profit & Loss
Accrual Basis Credit Card Fee
January through December 2020
Interest Charge
payment credit (payment and credits applied previous billing cycle) Gredit Card Fee - Othar
Total Credit Card Fee
Delivery & Freight
Dues & Subscriptions
Entertainment
Equipment
Equipment insurance
Equipment Rental
Equipment - Other
Total Equipment
Gifts
Golf Carts
Golf Cart Purchase
Golf Cart Repair
Golf Cart Tires
Golf Carts - Other
Total Golf Carts
Guard Gasoline Reimbursement
Guard Mileage
Guard Permits
Guard Phone Accessorles
Guard Shacks
Insurance Expense (Insurance expenses)
Auto Insurance
General Liabillty
Health Insurance
Workers Compensation
Insurance Expense (Insurance expenses) - Other
Total Insurance Expense (Insurance expenses)
Interest Expanse (Interest payments on business loans, credit card balances, or other business debt) Internet Expense
Janitorial
Janitorial for Cllents
Janitorial - Other
Total Janitorial
2:38 PM Citiguard
10/20/22
Accrual Basis Profit & Loss
Laundry & Cleaning
January through December 2020
Licenses and Permits
Mall
Mailers
Meals (Business meals and entertainment expenses, Including travel-refated meals (may have limited deductiblity Medical Cost Employee
Membership
Misc.
Office Expense
Moving
Network Maintonance Plan
Printer Maintenance Plan
Water Machine
Office Expense - Other
Total Office Expense
Office Supples (Office supplies expense)
Printer Toner
Office Supplies (Office supples expense) - Other
Total Office Supplies (Office supplies expense)
Outside Services
Parking Fees
Payment Fees
Payroll Expenses (Payroll expenses)
Advance
Gross Wages
Payroli Fees
Payroll Taxes Employer
Payroll Expenses (Payroll expenses) - Other
Total Payroll Expenses (Payroll expenses)
Professlonal Fees (Payments to accounting professlanals and attorneys for accounting or legal services) Legal Fees
Professional Faes (Payments to accounting professionals and attorneys for accounting or legal services) - Other Total Professional Fees (Payments to accounting professionals and attorneys for accounting or legal sorvices) Recruiting
Relmbursement
Rent Expense (Rent pald for company offices or other structures used in the business) :
Storage Rental
Virtual Office Rent
238 PM Citiguard
10/20/22 Profit & Loss
Accrual Basis West Hills Office
Rent Expense (Ront pald for company offices or other stra 8 0 9180ey 812020 Total Rent Expense (Rent pald for company offices or other structures used in the business) Rental Cars (Patrol)
Repairs and Maintenance (Incidental repalrs and maintenance of business assets that do not add to the value or appreclably prolong Construction (Office Construction)
Locksmith (Locksmith and keying)
Repalrs and Maintenance (Incidental repairs and maintenance of business assets that do not add to the value or appreciably pro:
Total Repairs and Maintenance (Incidental repairs and maintenance of business assets that do not add to the value or appreciably pr Security Alarm Company
Share Holder Credit Card (American Express, Capital One,) Software
Phone Apps
Silvertrac Software
Software - Other
Total Software
Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) Phone Accessorles
Wireless Phones
Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) - Other Total Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) Travel Expense (Business-related travel expenses Including airline tickets, taxi fares, hotel and other travel expenses) Guard Accessories
Uniform Dry Cleaning
Uniform Tailoring
Uniform - Other
Total Uniform
Utllities (Water, electricity, garbage, and other baste utillties expenses) Total Expense
Net Ordinary Income
Other Income/Expense
Other Income
Credit Overpayment
Credit/ Overpayment - Other
Total Credit/ Overpayment
Refund (Refund from a Vendor)
2:38 PM Citiguard
10/20/22 Profit & Loss
Accrual Effill Other Income
January through December 2020
Net Other Income
Net Income
CITIGUARD
Profit & Loss
January through December 2021
2:35 PM Citiguard
10/20/22
AcoryaaRa fincome/Expense Profit & Loss
January through December 2021
Credit Card Refund (Credit card refund on fraudulent activity or extra charges) Services (Unarmed Security Services)
Total Income
Gross Profit
Expense
Accounting
dvance Payment (Advance payments made to vendors
divertising and Promotion (Advertising, marketing, graphlo design, and other promotional expense Marketing
Online Branding & Development
Webaite
Ontine Branding & Development - Other
Total Online Branding & Development
Advertising and Promotion (Advertising, marketing, graphic design, and other promotional expenses) - Other Total Advertising and Promotion (Advertising, marketing, graphic design, and other promotional expenses) Answering Services
Association Fees
Automoblle & Truck Expense (Fuel, oll, repairs, and othor automoblle maintenance for business autos) Auto Cltations
Auto Detall (Car Wash)
Auto Purchase
Auto Registration
Auto Repatr
Auto Towing
Tools
Vehicle Decat & Graphics
Vehlale Down Payment (Down payment done for company vehlcles.) Automoblle & Truck Expense (Fuel, oll, repairs, and other automobite malntenance for business autos) - Other Total Automobile & Truck Expense (Fuel, oll, repalrs, and other automobile maintenance for businoss autos) Bank Service Charges (Bank account service fees, bad check charges and other bank fees) Business Consulting
Charitable Contribution
City Citations
Client Entertainment
Cllent Gift
Client Settlements
Citiguard
Accrual Basis Profit & Loss
Commission
Computer and Internet Expansos (Computer supples, off-the-ear the or Pees, and el,?? Zomputer ar internet related expel Credit Card Fee
Interest Charge
payment credit (payment and credits applled prevlous blling cycle) Credit Card Fee - Other
Total Credit Card Foo
Dellvery & Freight
Entertainment
Equipment
Equipment Rental
Total Equipment
Golf Carts
Golf Cart Purchase
Golf Cart Repair
Golf Cart Tires
Golf Carts- Other
Total Golf Carts
Guard Gasoline Rembursement
Guard Mileage
Guard Permits
Guard Shacks
Insurance Expense (Insurance expenses)
Auto Insurance
General Liabllity
Health Insurance
Workers Compensation
Insurance Expense (Insurance expenses) - Other
Total Insurance Expense (Insurance expenses)
Interest Expense (Interest payments on business loans, credit card balances, or other business debt) Internet Expense
Janitorial
Janitorial for Clients
Janitorial - Other
Total Janitorial
Laundry & Cleaning
Licenses and Permits
Mall
2:35 PM Citiguara
10/20/22
Accrual Basis Profit & Loss
Meale (Business meals and entertanment expanses, Including very aral Peave it deducity) Medical Cost Employee
Membership
Misc.
Office Expense
Network Maintenance Plan
Water Machine
Office Expense - Other
Total Office Expense
Otice Supplies (Office supplies expenso)
Printer Toner
Office Supplies (Office supplies expense) - Other
Total Office Supples (Office supples expense)
Outside Services
Parking Foes
Payment Fees
Payroll Expenses (Payroll expenses)
Advance
FUTA
Gross Wages
Medicare Employer
SS Employer
SUI CA
Total Payroll Expenses (Payroll expenses)
Professional Fees (Payments to accounting professlonals and attorneys for accounting or legal services) Legal Fees
Legal Foes - Other
Total Legal Fees
Professional foes (Payments fo accounting professlonals and attornays for accounting or legal services) - Other Total Professional Fees (Payments to accounting professionats and attorneys for accounting or legal services) Recrulting
Reimbursement
Rent Expense (Rent paid for company offices or other structures used in the business) Rancho Cucamonga Officer
Redding Office
Sacramento Office
Storage Rental
2:35 PM citiguara
10/20/22 Profit & Loss
Accrual Basis VIrtual Office Rent
January through December 2021
West Hills Office
Ront Expense (Rent paid for company offices or other structures used in the business) - Other Total Rent Expense (Rent pald for company offices or other structures used in the business) Rental Cars (Patrol)
Repairs and Maintenance (incidental repars and maintenance of business assets that do not add to the value or appreciably prolong i Locksmith (Lockemith and keying)
Signage
Repairs and Maintenance (Incidental repairs and maintenance of business assets that do not add to the value or appreciably pro! Total Repairs and Maintenance (Incidental repairs and maintenance of business assets that do not add to the value or appreciably pre Security Alarm Company
Share Holder Credit Card (American Express, Capital One,) Software
Phone Apps
Scheduling Software
Siivertrac Software
Software - Other
Total Software
Taxes State / Federal (IRS, Franchise Tax Board, United States Treasury) Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) Phone Accessorles
Wireless Phones
Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) - Other Total Telephone Expense (Telephone and long distance charges, faxing, and other fees Not equipment purchases) Toll Roads
Travel Expense (Business-related travel expenses Including airline tickets, taxi fares, hotel and other travel expenses) Lodging
Travel Expense (Business-related travel expenses including airline tickets, taxi fares, hotel and other travel expenses) - Other Total Travel Expense (Business-related travel expenses including alrline tickets, taxi fares, hotel and other travel expenses) Uniform
Guard Accessories
Uniform Dry Cleaning
Uniform Talloring
Unform - Other
Total Uniform
Utilities (Water, electricity, garbage, and other basic utilities expenses) Total Expense
Net Ordinary Income
2:35 PM Citiguara
10/20/22
Profit & Loss
January through December 2021
Other Income
Credit/ Overpayment
Credit/ Overpayment - Other
Total Credit/ Overpayment
Total Other Income
Other Expense
Franchise Tax Board
Total Other Expense
Net Other Income
Nat Income
SECTION IV - PROPOSAL
FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE PROPOSAL In accordance with your "Request for Proposal," the following proposal is submitted to the City of Hawthorne.
Proposal Submitted By:
Citiguard, inc
Name of Company
22736 Vanowen St., Ste. 300
Address
West Hills, CA 91307
City / State / Zip Code
Howard Fridkin, Senior Security Consultant
Printed Name / Title
800-613-5903 / 877-765-0955
Telephone Number / Fax Number
[email protected]
Email Address
Form of Business Organization:
Please indicate the following (check one):
Corporation X Partnership_ Sole Proprietorship_....
Other:
Business History:
How long have you been in business under your current name and form of business organization? 16 _years
If less than three (3) years and your company was in business under a different name, what was that name? Page | 20
List any pending or previous litigation over the past five years related to your firm's work:
NONE
Contact for Additional Information:
Please provide the name of the individual at your company to contact for any additional information Sami Nomair
Name
President
Title
800-613-5903 / 877-765-0955
Telephone Number/Fax Number
Addenda Received:
Please Indicate addenda information you have received regarding this proposal:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
_ No Addenda received regarding this proposal.
STATE OF CALIFORNIA Attachment 1
COUNTY OF LOS ANGELES PROPOSER'S AFFIDAVIT
Howard Fridkin being first duly sworn, deposes and says:
1. That he/she is the Senior Security Consultantof Citiguard, inc (Title of Office) (Name of Company)
hereinafter called "Proposer" who has submitted to the City of Hawthorne a proposal for the Bridge of Hope Community Housing Project Site Security.
2. That the proposal is genuine; that all statements of fact in the proposal are true;
3. That the proposal was not made in the interest of behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Proposer did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham proposal, to refrain from proposing, or to withdraw his proposal, to raise or fix the proposal price of the Proposer or of anyone else, or to raise or fix any overhead, profit or cost element of the Proposer's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Hawthorne, or of any other Proposer, or anyone else interested in the proposed contract;
That the Proposer has not in any other manner sought by collusion to secure for itself an advantage over the other Proposer or to induce action prejudicial to the interests of the City of Hawthorne; or of any other Proposer or of anyone else interested in the proposed contract;
6. That the Proposer has not accepted any proposal from any subcontractor or materialman through any proposal depository, the bylaws, rules or regulations of which prohibit or prevent the Proposer from considering any proposal from any subcontractor or materialman, which is not processed through that proposal depository; or which prevent any subcontractor or materialman from proposing to any contractor who does not use the facilities of or accept proposals from or through such proposal depository;
7. That the Proposer did not, directly or indirectly, submit the Proposer's proposal price or any breakdown thereof, or to any individual or group of individuals, except to the City of Hawthorne, or to any person or persons who have a partnership or other financial interest with said Proposer in its business.
8. That the Proposer has not been debarred from participation in any State or Federal works project.
Dated the 9th day of February 12023
Howard Fridkin Senior Security Consultant
(Proposer's Signature) (Title)
Page | 26
Attachment 2 Section 3 and M/WBE Certifications
1. Section 3 Certification
(Indicate whether you are or are not claiming 3 points in the Evaluation Criteria) I, the undersigned, on behalf of the business identified below, do not claim three (3) points in the proposal Evaluation Criteria.
1, the undersigned, on behalf of the business identified below, certify that the business employs Section 3 Workers and/or Targeted Section 3 Workers as defined at 24 CFR 75.5 and that Section 3 Workers / Targeted Section 3 Workers shall be used to complete at least five percent (5%) of the total labor hours under the Professional Services Agreement for the City of Hawthorne Bridge of Hope Community Housing Site Operator and/or Security Consulting Contract.
I certify the information provided here is true and correct.
Citiguard, inc Acting as Prime Contractor Acting as Subcontractor Business Name
Howard Fridkin 02-09-2023
Signature Date
2. Minority Business Enterprise / Women Business Enterprise (M/WBE) Certification (Indicate whether you are or are not claiming 2 points in the Evaluation Criteria) I, the undersigned, on behalf of the business identified below, do not claim two (2) points in the proposal Evaluation Criteria.
I, the undersigned, on behalf of the business identified below, certify that the business is at least 51% owned and controlled by one or more minority group members, or, in the case of a publicly-owned business, one for which at least 51% of its voting stock is owned by one or more minority group members, and whose management and daily business operations are controlled by one or more such individuals. Minority group nembers include, but are not limited to, African/Black Americans, Hispanic/Latino Americans, Native Americans, Asian Pacific Americans, Asian Indian Americans and Hasidic Jewish Americans. -OR-
• 1, the undersigned, on behalf of the business identified below, certify that the business is at least 51% owned and controlled by one or more women, or, in the case of publicly held corporation, 51% of the stock is owned by one or more women and whose management and daily business operations are controlled by one or more such individuals.
I certify the information provided here is true and correct.
Citiguard, inc MActing as Prime Contractor JActing as Subcontractor Business Name
Howard Fridkin 02-09-2023
Signature Date
Page | 27
Attachment 3 Equal Employment Opportunity Certification The following certification must be submitted by any person or business entity (Contractors and Subcontractors) offering to perform services for the City of Hawthorne when the underlying contract for those services will be paid using federal funds and the contract work is subject to the Equal Opportunity Clause set forth at 41 CFR 60-1.4(a) for non- construction services or 41 CFR 60-1.4(b) for construction Contractor/Subcontractor Certification of Exemption
(Indicate whether you are or are not claiming and exemption as indicated) XI 1, the undersigned, on behalf of the business identified below, do not claim an exemption from the Equal Opportunity Clause set forth at 41 CFR 60-1.4.
I, the undersigned, on behalf of the business identified below and as authorized by 41 CFR 60-1.5(a), claim a complete exemption from the Equal Opportunity Clause set forth at 41 CFR 60-1.4 based on the following circumstances:
L Contractor has less than 50 employees • Contractor is receiving an award of less than $10,000
L Contractor is a religious entity within the • Contractor is an educational institution within the meaning of 41 CFR 60-1.5(a)(5) meaning of 41 CFR 60-1.5(a)(6) • Contractor is entited to the following exemption under 41 CFR 60-1.5(a):
I further certify that said business will comply with all applicable civil rights laws that prohibit discrimination in employment and in the delivery of services.
Citiguard, inc - MActing as Prime Contractor Acting as Subcontractor Business Name
Howard Fridkin 02-09-2023
Signature Date
- OR -
Complete paragraph 2 below if you have not participated in a previous contract/subcontract that is subject the Equal Opportunity Clause at 41 CFR 60-1.4; complete paragraph 3 below if you have participated in a previous contract/subcontract that is subject 41 CFR 60-1.4
4. Contractor/Subcontractor Certification of No Previous Participation I, the undersigned, on behalf of the business identified below, certify that said business has not participated in a prevlous contract or subcontract subject to the Equal Opportunity Clause set forth at 41 CFR 60-1.4.
I further certify that said business will comply with all applicable civil rights laws that prohibit discrimination in employment and in the delivery of services.
Citiguard, inc MActing as Prime Contractor Acting as Subcontractor Business Name
Howard Fridkin 02-09-2023
Signature Date
Page | 28
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability Coverage. Consultant shall maintain in-force Professional Liability Insurance (and/or errors & Omissions Insurance) for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
9 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/07/2023
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(les) 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).
Kern Insurance Associates (661) 835-4542 TEAC, No): (661) 835-4500 (AIC, No, Ext):
EMAN [email protected]
License # OL78680
ADDRESS:
P.O. Box 11390 INSURERS) AFFORDING COVERAGE
Bakersfield CA 93389-1390 INSURER A : Philadelphia Insurance Companies INSURED Clear Blue Specialty Insurance Company 37745
INSURER B:
Citiguard, Inc INSURER C: NorGuard Insurance Company 31470 22736 Vanowen St. Ste 300 Travelers Casualty and Surely Co of America 31194 INSURER D:
INSURER E:
CERTIFICATE 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.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) | (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person) $ 5,000
A PHPK2396185 03/26/2022 03/26/2023 $ 1,000,000
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE. $ 3,000,000 PRO- $ 3,000,000
POLICY X LOC PRODUCTS - COMPIOP AGG
Professional Liability $ 1,000,000
OTHER:
COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY (Ea accident)
X ANYAUTO BODILY INJURY (Per person)
OWNED SCHEDULED PHPK2396185 03/26/2022 03/26/2023 BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000
EXCESS LIAB WCSECEL000200601 04/12/2022 04/23/2023 AGGREGATE $ 5,000,000
CLAIMS-MADE
DED RETENTION $ $
WORKERS COMPENSATION PER OTH
X STATUTE ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE 03/26/2022 EL. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA CIWC326930 03/26/2023
(Mandatory in NA) EL. DISEASE - EA EMPLOYEE. $ 1,000,000 ESCRIPTION OF OPERATIONS below. E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Crime 107479980 07/27/2022 07/27/2023 | Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requirad) The City of Hawthorne, its officer and employees shall be named as additional insured with respect to General Liability. Insurance shall not be canceled o terminated withou 30 days written notice. Insurance is primary and any insurance held by City for its own protection shall be excess
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE [HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I City of Hawthorne ACCORDANCE WITH THE POLICY PROVISIONS. 4455 W 126th St
AUTHORIZED REPRESENTATIVE
Hawthorne CA 90250
Jasmine Jones © 1938-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PI-GLD-SG (10/13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
SECURITY SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented to You $1,000,000 2
Watercraft Used in Security 2
Services only
Medical Payments $20,000 2
Medical Payments - Extended Reporting Period 3 years 2
Supplementary Payments - Bail Bonds $2,500 3
Supplementary Payments - Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured - Broadened Named Insured Included 3 Additional Insured - Managers and Supervisors Included 3 Additional Insured - Managers, Landlords, or Lessors of Included 3 Premises
Additional Insured - Lessors of Leased Equipment - Automatic Included 4 Status When Required in Lease Agreement With You
Additional Insured - Grantors of Permits Included 4
Additional insured - Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included
Liberalization Included 6
Bodily Injury - Mental Anguish Included 6
Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included
Incidental Medical Malpractice Included 9
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PI-GLD-SG (10/13)
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in:
a. The last paragraph of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V - DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance.
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
B. Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft.
C. Medical Payments - Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. Under SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1.
Insuring Agreement, Paragraph a., Item (b) is amended to read:
provided that:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
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PI-GLD-SG (10/13)
D. Supplementary Payments
In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
E. Employee Indemnification Defense Coverage
In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND B provision, the following is added:
We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits."
F. Who is an Insured
SECTION II - WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period;
2. Each of the following is also an insured:
a. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
b. Managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
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PI-GLD-SG (10/13)
d. Lessors of Leased Equipment - Automatic Status When Required in Lease Agreement With You - Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits - Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract - Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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 A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
(1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
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(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after:
(a) 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
(b) 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.
G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000.
This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client.
H. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV - COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
I. Duties in the Event of Occurrence, Offense, Claim or Suit
1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.
Duties in the Event of Occurrence, Offense, Claim or Suit.
This is upon the distinct understanding and agreement however, that you, the insured, as soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately.
2. The requirement in Condition 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to:
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PI-GLD-SG (10/13)
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insurance manager, if you are a corporation.
3. The requirement in Condition 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insurance manager, if you are a corporation.
J. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
K. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
L. Bodily Injury - Mental Anguish
SECTION V - DEFINITIONS, Paragraph 3. is changed to read:
"Bodily injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
M. Assault and Battery with Extended Property Damage
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE followingy, Subsection 2. Exclusions, Paragraph a, is deleted in its entirety and replaced by the a. Expected or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to:
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PI-GLD-SG (10/13)
(1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or
(2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft.
N. Errors and Omissions Coverage
1. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations.
2. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations.
3. SECTION I - COVERAGES is amended by adding the following:
COVERAGE D - ERRORS AND OMISSIONS LIABILITY
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described ir the Declarations. However, we will have no duty to defend the insured against any "suit' seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But:
(a) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and
(b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D or medical expenses under Coverage C.
(2) This insurance applies only if the error or omission occurs during the policy period b. Exclusions
This insurance does not apply to:
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(1) "Bodily injury" or "property damage";
(2) "Personal and advertising injury;
(3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto;
(6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages:
(a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and
(10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime.
(11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate:
(a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
c. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read
SUPPLEMENTARY PAYMENTS - COVERAGES A, B, AND D
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PI-GLD-SG (10/13)
d. SECTION III - LIMITS OF INSURANCE is amended as follows:
(1) Item 2. is replaced by the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; and
d. Damages under Coverage D
(2) Item 5. is replaced by the following:
5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C,
because of all "bodily injury" and "property damage" arising out of any one "occurrence"; and
c. Damages under Coverage D.
e. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.
Other Insurance is amended as follows:
(1) The first paragraph is replaced by the following:
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows:
(2) Paragraph b. Excess Insurance, Item (2) is replaced by the following:
When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
O. Incidental Medical Malpractice
We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period:
1. First aid treatment including cardiopulmonary resuscitation (CPR); and
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2. Medical, surgical, dental, X-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances.
However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above.
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