Attachment 1
CITY OF RICHMOND
STANDARD CONTRACT
Department: Public Works Project Manager: Carl Capistrano Project Manager E-mail: Project Manager Phone No:
[email protected] (510) 620-6896
PR No: Vendor No: 15954 P.O./Contract No:
Description of Services:
Intrusion and fire alarm maintenance and monitoring services for City buildings, in accordance with proposal dated November 8, 2022, and incorporated herein by this reference.
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
Parties. The parties to this Contract are the City of Richmond (herein referred to as the "City") and the following named Contractor:
First Alarm
Company Name:
Street Address: 3701 Collins Avenue
City, State, Zip Code: Richmond, CA 94806
Contact Person: Shamar Mitchell
Telephone: (510) 338-1111 Email: [email protected] Business License No: / Expiration Date:
A California corporation, L limited liability corporation] general partnership, limited partnership, individual, L non-profit corporation, | individual da as [specify:]_
other [specify:]
2. Term. The effective date of this Contract is July 1, 2023 and it terminates June 30, 2026 unless terminated as provided herein.
3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 450,000.00 • City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
First Alarm
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed;
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
-inancial Officer or any Assistant Treasurer
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
First Alarm
EXHIBIT A
SERVICE PLAN
Public Works Director
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Contractor shall provide intrusion and fire alarm maintenance and monitoring services for City buildings throughout the City of Richmond, in accordance with bid dated November 8, 2022, and incorporated herein by this reference.
City's total payments shall not exceed $450,000 over a three year period.
November 8th, 2022
Cornell Hughes
City of Richmond, Department of Public Works, Electrical Division RE: RFP - Intrusion and Fire Alarm Service, Maintenance & Repair Dear Cornell Hughes and Members of the Selection Committee:
First Alarm is extremely excited to submit our qualifications for the City of Richmond's Intrusion and Fire Alarm Service, Maintenance & Repairs. We look forward to presenting our capabilities that contribute to making First Alarm Northern and Central California's premier security and fire alarm systems provider.
Within the breadth of experience, proposed solutions, pricing, and references highlighted in this REP response, you will find a team of professionals capable of providing the highest quality alarm services in the City of Richmond and surrounding areas. First Alarm's portfolio of premier security systems hardware & software manufacturers provides flexibility from the very beginning stages of balc system monitoring and maintenance through the consultation and design of any future security needs.
First Alarm has thoroughly reviewed all elements of the City of Richmond's RFP. We understand the scope of work to be, and intend to perform the following services:
Intrusion system monitoring
Intrusion system maintenance and repair
Fire system monitoring
Fire system maintenance and repair
Fire system quarterly testing/inspecting
Additional sites and services as requested by the City in the future.
First Alarm will use our extensive security and fire alarm experience to deliver on the above listed services within the RFP sample contract's stated terms and conditions, Including but not limited to all City insurance requirements.
Founded in 1966, First Alarm is one of California's largest privately owned fire alarm and security system providers.
We feel that the following summary of qualifications displays why First Alarm is the best choice for the City of Richmond's intrusion and fire alarm needs:
Over 56 years of experience
Own and operate our own UL Listed & FM Approved Central Station (Located in Santa Cruz County) 6 Offices throughout California
Local Richmond office (3701 Collins Ave.) staffed with 13 industry professionals 2 additional fully staffed offices within 50 miles of Richmond Proven experience servicing Federal, State, County, and City facilities throughout California Federal - Presidio of Monterey, DOD, DOE
• State - Highway Patrol, Dept. Fish and Game, Cal Trans County - Sonoma, Santa Clara, Monterey, Santa Cruz
• City - Rohnert Park, Santa Cruz, Campbell
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Technical expertise in all facets of fire and security systems • Intrusion
• Fire Alarm
Survelllance Cameras / Video Management Systems
• Intercom - Audio/Video
• Elevator Emergency Communication Systems
• Central Station Monitoring / Dispatching
• All employees are fully vetted alarm professionals
• Obtain and maintain Alarm Company Employee license through the State of California's Bureau of Security and Investigative Services
• Background checked
* Fingerprinted
Drug tested
Please consider our Primary Point of Contact to be; Shannon Beritzhoff, [email protected], (510) 338- 1111. We hereby acknowledge receipt and review of Addendum no.1 (non-mandatory pre-bid meeting). Thank you for the consideration of our company. We hope to have an opportunity to meet you in person or via remote conferencing should you have any additional questions.
Sincerely,
Chris Belarski
Vice President
First Alarm
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Company Information:
First Alarm is locally owned and operated with the following locations:
U.L. Listed Central Monitoring Station, Corporate office and Aptos branch: 1111 Estates Drive, Aptos, CA 95003 (831) 476-1111
Richmond branch: 3701 Collins Avenue, Building 3S, Richmond, CA 94806 (510) 338-1111
Monterey branch: 1 Lower Ragdale Drive, #3700, Monterey, CA 93940 (831) 649-1111
San Jose branch: 2365 Paragon Drive, Suite E, San Jose, CA 95131 408) 866-1111
Rohnert Park branch: 6153 State Farm Drive, Rohnert Park, CA 94928 (707) 542-1111
First Alarm is a corporation with the following professional team:
Jarl Saal, Owner, (831) 234-1111
Jim Norkoli, President, (831) 566-2289
Chris Belarski, Vice President, (831) 706-0216
Richard Marlenee, General Sales Manager, (408) 621-7291 Shannon Beritzhoff, Richmond Branch Manager (510) 506-6546 Please refer to Attachment F for additional information.
References:
Please refer to Attachment C for list of references.
Cost Schedule:
"Burg" alarms will be with landline telephone monitoring and a courtesy monthly check in test. "Fire" alarms will be with landline telephone monitoring and a required daily check in test. "Burg/Fire" alarms will be with landline telephone monitoring and a required daily check in test. "Burg/Radio" alarms will be with radio/cellular monitoring and a courtesy monthly check in test.
For pricing, please refer to Attachments D and E for cost schedule.
Exclusions -
For quarterly automatic fire sprinkler systems inspections, First Alarm shall test the electronic waterflow, post indicator valves and OS&Y as it relates to the fire alarm only.
First Alarm will not be conducting an annual or every 5 year 'wet' sprinkler test. The City of Richmond will need to contract directly with a licensed sprinkler company for those tests.
Required Documentation:
First Alarm agrees to submit the following documentation within three days of being awarded the contract with City of Richmond:
Certificate of Insurance with an attached additional insured endorsement which will name the City of Richmond as an additional insured.
Provide a copy of our current business license with the City of Richmond which will remain in effect for the duration of the awarded project.
First Alarm agrees to sign the city's Purchase of Services Contract Agreement.
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Other Documentation Required:
Pending litigation - First Alarm is NOT currently involved in any pending litigation RFP items unable to be met-
1. The cost of contracted fire testing and inspections is based upon the size and complexities of each individual fire alarm system. Size and system complexity is unknown at this time. a. First Alarm requested, via email and in-person during the pre-bid meeting, a copy of the latest fire inspection reports to determine system size but did not receive a reply.
Without a full list of devices per system or copies of the recent testing reports, we cannot determine the final quarterly and annual price to include testing/inspecting as part of the system price for monitoring.
We have included a base testing/inspecting cost listed in scheduled D and E but may need to amend the cost upon completion of the first annual inspection.
2. Elevator emergency call monitoring was briefly discussed during the pre-bid meeting on November 4th but is not listed on the cost schedule. If the City of Richmond has elevator emergency call phones that they. would like monitored by First Alarm, the quarterly price per site is $75.00 and the annual price per site is $300.00.
a. If the City wishes to have First Alarm monitor their elevator emergency phones, the City will need to contact the elevator company to have the telephone number programmed to dial First Alarm's central monitoring station. There is no set up cost charged by First Alarm to commission a new elevator emergency phone to be monitored but your elevator company will likely invoice a charge for their work.
The quarterly price for elevator emergency phone monitoring would commence upon successful completion of the telephone programming by the City's elevator company.
3. Hydrant and backflow tests will not be performed by First Alarm due to licensing. A licensed sprinkler company will need to perform those tests and repairs. First Alarm agrees to subcontract that work and the cost is included in the cost schedule.
4. Communication type - communication type between the system on site and the central monitoring station is assumed to be via landline telephone unless otherwise indicated as "Radio" on the cost schedule.
a. First Alarm proposes to take over all existing radios wherever possible. If a takeover is not possible, First Alarm will propose to install a new radio/cell communicator in its place and will do so on T&M service with prior written approval from the City.
5. First Alarm is asked to state if each system is or is not compatible to be monitored and maintained and to provide a proposed cost for the replacement.
a. Without checking and testing the systems or having a list of components, we cannot determine at this time if each system is compatible or not. However, the list of manufacturers provided by the City in this RFP includes manufacturers that First Alarm is confident in maintaining and monitoring.
Recovery from catastrophic failure -
First Alarm has Disaster Recovery (DR) and Business Continuity Management (BCM) plans in place. While our catastrophic plan is much more detailed than what is listed below, we are not at liberty to discuss details due to our Department of Defense and Department of Energy contracts.
We are confident that all of the Department of Defense and Department of Energy requirements meet or exceed the requirements or other local agencies such as the City of Richmond.
Upon power failure, First Alarm has 7 uninterruptable power supplies which provide 4 hours of continuous operation on battery only for our corporate office and central monitoring station.
First Alarm has a generator that is sized appropriately to run both the corporate office and the central monitoring station indefinitely.
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Uninterruptable power supplies are in place for generator transition or service.
Additionally, our central monitoring station is both U.L. and FM approved and meets such requirements.
First Alarm has a 24/7 maintenance personnel plan in place to handle diagnostics and corrective measures for alarm systems. Our on-call service and installation technicians are available 24/7 and have a primary and secondary personnel level to ensure all emergency calls are handled with priority and to reach resolutions on open issues.
Implementation Plan and Operations Plan:
First Alarm proposes to initiate a comprehensive and thorough implementation plan along with an ongoing operations plan for the 3 year awarded contract and possible subsequent 2 year extension.
Operations Plan -
First Alarm will furnish and maintain a 24/7 telephone answering system with a live First Alarm employee for all calls. Our local (510) 338-1111 number is answered by a live First Alarm employee 24 hours per day, 7 days per week without fail. All employees are capable and trained in contacting and dispatching service personnel.
First Alarm will furnish and maintain a City of Richmond-specific service email address such as:
[email protected] which will provide priority response and service dispatching to all of the City's requests.
All non-emergency scheduled work shall be performed during the City's normal working hours of 7:30am to 5:30pm Monday - Friday. Scheduled work will be performed within the time frame agreed upon with the City's representative as set up during the service request.
First Alarm agrees to provide service within 1 hour for emergency calls.
For any changes to job completions such as delays, First Alarm shall notify the City within 24 hours of the change.
First Alarm shall provide experienced and trained personnel who possess the working knowledge of the City's intrusion and fire systems including the ability to test, diagnose, service, repair and make recommendations to the satisfaction of the authorized representative. First Alarm will provide all material for the proper performance of this work. First Alarm shall maintain adequate stock of all such materials as to avoid any unnecessary downtime of the systems.
First Alarm shall test, inspect, troubleshoot, program and service all control panels and systems within the agreed upon list of locations. Any programming that cannot be done by First Alarm personnel such as programming of an Edwards EST control panel, First Alarm shall subcontract that work through a vetted dealer of those proprietary panels.
First Alarm personnel will arrive on time, prepared for the requested service, professional, presentable and furnish their First Alarm photo ID badge.
Whenever possible, First Alarm personnel will lead with service or alternatives that are cost-saving to the City while ensuring safety and security is not compromised. First Alarm personal will present options for repair vs. replacement.
Upon completion of the requested work, First Alarm personnel will provide a written copy of the service call report. Upon completion of the paperwork by the local Richmond office, an email shall be sent to the authorized personnel with the same service report copy along with any applicable invoice.
If a return appointment for further repair is needed, First Alarm personnel will alert the on-site representative then a follow up email shall be sent.
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
All labor and material warranties shall be for one year after completion.
First Alarm shall maintain a remote programming department which is available to the city during normal working hours for making changes to the system including adding or deleting users.
As stated in the RFP, First Alarm proposes to follow the service call procedure as:
1. Sign in on the station log at all fire stations
2. Check in with the Station Captain, facility coordinator or authorized agent at other City Facilities.
3. Evaluate the specific materials and labor required to complete the repair
4. Develop an estimate of the expected costs (if possible)
5. Develop potential alternatives with costs, in the case of repair vs. replacement
6. Advice COR Facilities Superintendent or authorized representative by telephone of the cost of repairs and other work PRIOR to proceeding with the work
7. First Alarm shall proceed with work after authorization is received from COR Facilities Superintendent or authorized representative. Complete all work in accordance with the estimate
8. First Alarm shall prepare service call report detailing the work performed, obtain the signature of the Facility Coordinator, and leave a copy of the report at the site The report shall at least contain:
Time of arrival
Time of departure
Brief summary of repair requested
Detailed summary of the work performed
Summary of any additional work required or recommended
Implementation Plan -
Phase I:
Upon singing of awarded contract, First Alarm's internal staff shall enter City sites into our monitoring software as well as our customer database. A main City of Richmond account will be created with all sites listed subsequently as sub-accounts.
Our corporate contract administrator has been selected and is prepared for this task.
Each site will be loaded into our monitoring software with an emergency contact list provided by the City designating the desired dispatch procedures and City personnel to be contacted.
If provided, First Alarm will load all system zoning into the monitoring software. If not provided, First Alarm personnel will obtain/create such lists during subsequent implementation phases.
Our local (Richmond) contract administrator has been selected and is prepared for this task.
A virtual (telephone or Zoom) meeting will be set up with our Central Monitoring Station Manager to discuss the City's desired emergency dispatch procedures and we will build any necessary procedures.
Our Central Monitoring Station Manager has been selected and is prepared for this task.
The City-specific email address will be created and tested.
Accounts will be loaded with City-specific service call procedures.
Introduction of designated project manager for contract implementation.
First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Phase II:
Within a 2-week timeframe of signing the awarded contract, First Alarm internal staff shall schedule site visits to each location to begin transferring the monitoring from the City's current vendor over to First Alarm's central monitoring station.
Each site transfer shall include:
Programming the main control panel to direct signals to First Alarm's central monitoring station Testing of all hardware devices - testing both the on-site device's functionality in addition to testing to ensure the proper alarm signal and reset is received
Creation of zoning table if not yet provided
If applicable, installing new radio/cell unless existing radio/cell can be reprogrammed to First Alarm's central monitoring station
Work order shall be filled out to describe work completed, any deficiencies of the system as well as a follow up with proposed repair or replacement
Full transfer all of City of Richmond sites, depending upon system size and complexity, is estimated to take 2-4 weeks.
Transfer of all sites shall be completed on a T&M basis billed at First Alarm's hourly rate.
Please refer to Attachment D for hourly rates.
Phase III:
Upon successful transfer City of Richmond sites, additional appointments will be scheduled with City staff at each site to review the full system operation.
At this time, any user code changes (additions/deletions/changes) may be requested and First Alarm on-site or remote programming department will perform such changes.
Any adjustments to programming such as entry/exit delays may be discussed during this City staff appointment and the systems will be tailored to the specific needs of each site.
During this 3'd phase, any additional repairs or system component replacements will be proposed for acceptance First Alarm CA Lic# 430530 | PPO 11167 | ACO 1277
Intrusion and Fire Alarm Maintenance
ATTACHMENT C
REFERENCES
List three (3) customer references (preferably local Richmond area or other governmental agencies) for whom the Offeror bas provided a similar scope of work during the past two (2) years, of comparable settings, complexities and quantities as required of this request for proposal. These companies will be contacted prior to award of contract.
1. Name of Firm: County of Sonoma
ote ernie Brenda Meching peration
Uperations Manage
Phone: (707) 565-1792
Date of Project: 2005 - present
Brief description of project: Monitoring: maintaining intruston alarm systems, fire systems, video and access control
2. Name of Rim: City of Rohnert Park
Address: (600 Enterprise Drive, Rohnert Park, CA 94928
Contact Person/Tide: Laura Luchini
Phone: (707) 588-3308
Date of Project: 2.008 - present
sig tensinore yet ang: maintaining iptrasion alarm.
3. Name of Firm: Smith 4 Taylor Fraternity Management
Address: 256 Calle La Mesa, Ste 100, Moraga, CA 945560
Contact Person/Tide: Taylor Smith, Owner
Phone: (510) 540-9129/ (925) 997-4871
Date of Project: 2007 - present
Bier decie a repair, News tire systons, Matallations, good Service a repair •
8t fraternity facilities for UC Berkeley Campus.
Intrusion and Fire Aları Maintenance Specifications
ATTACHMENT D
Fire Alarm Inspection
Shall inspect the Fire Alarm System one (1) time during each agreement year. Each inspection shall nclude tests of circuitry for continuity, adequate insulation and of components for prope unctioning condition. Contractor will complete this inspection at the following locations
COST SCHEDULE
COR Facilities - Fire Sprinkler System Locations &
Cost Schedule for the Duration of the Contract
Title-11 Ouartedy Automatic Fire Sprinkler Systems Inspections Shall inspect the fire sprinkler system four (4) times during each agreement year. Contractor will flow all fire hydrants one (1) time during each agreement year. The scope of work performed during a quarterly inspection is in compliance with the State Fire Marshal's requirements set forth in Title 19, Article 4, Section 804. Contractor will complete these inspections at the following locations:
Cutely Cos or Inspecion or sprinkler yam $ 114." per site * see propasal for exclusions
Location Type Address Unit Price Total Price
Richmond Swim $ Quarterly $ Annual
Center aka
"Kennedy Swim Fire 45'h & Cutting
105°0 420.°0
Center"
Richmond $ Quarterly $Annual
Municipal #1 East Richmond
Fire 105.0º 420.0º
Natatorium aka Ave
"The Plunge"
$ Quarterly $ Annual
City Hall Fire 450 Civic Center 105.0°, 420.ºº
403 Civic Center $ Quarterly $ Annual
Civic Auditorium Fire Plaza 105.°°
420.°º
Community 440 Civic Center $ Quarterly $ Annual
Services Center Fire Plaza 105.º° 420.0º
Point Richmond $ Quarterly $ Annual
Burg 135 Washington
Community Ave 87.0º 348.0º
Center
Senior Annex $ Quarterly $ Annual
Community Burg 5801 Huntington
Center 87.0° 348.°°
Location Type Address Unit Price Total Price
Main Senior 2525 Macdonald $ Quarterly $ Annual
Burg 348.0º
Center Ave 87,00
Shields Reid $ Quarterly $Annual
Community Burg/ Fire 1410 Kelsey Street
Center 105.ºº 420.00
Richmond Swim $ Quarterly $ Annual
Center aka Burg / Fire 45" & Cutting
"Kennedy Swim 105,0°.
Center" 420.°0
Richmond Ş Quarterly $ Annual
Municipal Burg / Fire #1 East
Natatorium aka " Richmond Ave 105.ºº 420.0%
The Plunge
Corp Yard Alarm # $ Quarterly $ Annual
1 and Carpenter 2 Burg #6 13th Street 174.00 696.°°
Shop Alarm #2
Fire Dept. Youth $ Quarterly $ Annual
Academy Burg 3510 Cutting Blvd 87,00 348.ºº
Fire Training $ Quarterly $ Annual
Burg 3506 Cutting Blvd 87,ºº 348.ºº
Center
Library, Bayview $ Quarterly $ Annual
Burg 5100 Hartnett Ave 348.ºº
Branch 87.ºº
Library, 337 Civic Center $ Quarterly $Annual
Bookmobile Office Burg Plaza 87.ºº 348.ºº
325 Civic Center $ Quarterly $ Annual
Library, Main Burg Plaza 87.0° 348.°°
135 Washington $ Quarterly $ Annual
Library, Westside Burg
Branch Ave 87.ºº 348.ºº
Museum of $ Quarterly $ Annual
Burg 400 Nevin Ave 87.0º 348,ºº
History
Native American Búrg / Radio- 2566 Macdonald T$ Quarterly $ Annual Health Center Leased Ave 114.0° 456.°º
Parks & $ Quarterly $ Annual
Landscaping Corp 2 Burg / Radio 3201 Leona Ave 9120º
Yard 228.ºº
Location Type Address Unit Price Total Price
1300 Marina Bay $ Quarterly $ Annual
Parks, Shimada Burg 3480°
Parkway 87.0°
Parks, Washington 110 East $ Quarterly $ Annual
Burg Richmond Ave
Field House 87.ºº 348,0°
Police Dept. Iron 1000 Macdonald $ Quarterly $ Annual
Triangle Burg Ave
Substation 87.°° 348.°°
Police Dept. SE 960 South 47th $ Quarterly $ Annual
Burg 348.ºº
Substation Street 870º
Recreation 3230 Macdonald $ Quarterly $ Annual
4 Burg / Radio 456.00
Complex Ave 1,368.00
Recreation $ Quarterly $ Annual
Complex, YWCA / Burg 3230 Macdonald
Ave 87.0º 348.°º
Daycare
Richmond $ Quarterly $ Annual
Parkway & Burg / Radio 114.00
Gertrude 456ºº
Richmond $ Quarterly $ Annual
Parkway & Parr Burg / Radio
Blvd. (Lights & 114.0° 456.°º
Controls Cabinet)
Richmond $ Quarterly $ Annual
Parkway & Burg / Radio
Pittsburg to 114.0° 456.°0
Hensley
$ Quarterly $ Annual
Ripley & Goodrich Burg / Radio 1140º 456.°°
LABOR:
1. Standard Rate: 115.°° _$ Per Hour
Monday through Friday, 7:30 am to 5:30pm
2. Overtime Rate:_230 $ Per Hour
Monday through Friday, 5:30pm 7:30 am
3. Overtime Rate: 230.00 $ Per Hour
Saturdays, Sundays, and Holidays
4. Identify and describe any additional rates that may apply.
5. Minimum call out charge (If Applicable) 115.0° $ Per Hour O. 00
6. Trip Charge (If Applicable) $ Per Hour
7. Programming Fees 35.º° per request §Per Hour
for remote programming
Material:
Major material items will be paid on the basis of actual invoice cost to the Contractor plus the percentage mark-up discount quoted on the bid.
Invoice Cost Plus (Percent) Markup: 20%
Invoice Cost Less (Percent) Discount: _
Additional Remarks:
Company Name: First Alarm
Address (City, state, Zip Code) 3701 Collins Avenve, Bldy 35, Richmand, CA 94806 Phone Number: (516) 338-1111
E-mail Address: SBeritzhoffoyahoo.com
Name of Authorized Representative (Print & Sign)
Shannon Beritzhuff Shaw Batt
Title: Branch Manager
Date: 11/8/2022
Note: For each facility, contractor must state if system is or is not compatible vith system maintained by winning bidder. If system is not compatible an nust be replaced, contractor must give a proposed solution for each of th facilities with cost.
Intrusion and Fire Alarm Maintenance Specifications
COST SCHEDULE
ATTACHMENT E
COR Facilities - Alarm Locations
Cost Schedule for the Duration of the Contract
The undersigned certifies they have read all documents related to this Request for Proposal and understands all terms and conditions related thereto; and in conformity with these specifications hereby proposes to the COR the following:
Location Type Address Unit Price Total Price
Art Center $ Quarterly $Annual
ст / Gallery Burg 2540 Barrett 87.ºº 00
348
Art Center $ Quarterly $ Annual
Burg 2540 Barrett • 00 00
West Wing 87 348.
Disabled Persons $ Quarteryo Ș Annual
Burg 1900 Barrett 87. 348.00
Rec. Center
450 Civic Center $ Quartery. $ Annual
City Hall Burg 87 348. 00
Plaza
403 Civic Center $ Quarterly $ Annual
Civic Auditorium Burg 00 348.0º
Plaza 87
Community 440 Civic Center $ Quarterly $ Annual
Services Center Burg Plaza 87. 348.0°
Booker T. 960 South 47łh St $ Quarterly $ Annual
Anderson Center Burg 3700 348.ºº
May Valley $ Quarterly $ Annual
530 Morningsid
Community Burg
Center Drive 870º 348.°°
Nevin Community ; Quarterly $ Annual
Center Burg 598 Nevin Ave 37° 348.ºº
Parchester $ Quarterly $ Annual
Community Burg 900 Williams Ave
Center 87°° 3480º
ATTACHEMENT F
Company Information
COMPANY INFORMATION:
Your Name: Jay Thoreson
Title: Sales Representative
Company Name: First Alarm
Business Adress: 3701 Collins Ave, Bldg 3S, Richmond. CA 94804 Phone Number:_ (510) 338-11|1
Fax Number: (510) 215-6680
E-mail_ [email protected]
Date: 11/8/2022
Type of Firm: Corporation
Contractor's License Number: 430530
State: California
Class: C-7 : C-10
Expiration Date: 11/30/2024
Other License's and Numbers Alarm Company Operator: 1277, Private Patrol Operator: 11167
Attachment A - Certificate of Insurance
Attachment B-Purchase of Service Contract
Attachment C- Reference
Attachment D - Maintenance Specifications
Attachment E - Cost Schedule
Attachment F - Company Information
Attachment G - Richmond Business Opportunity Ordinance
Attachment H - Local Employment Program
Attachment I - Living Wage Ordinance
For the Contract between the City of
Richmond an
First Alarn
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc. Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Carl Capistrano Department: Public Works PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Carl Capistrano before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
First Alarm
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1.1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Carl Capistrano
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804-0046
1.2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Shamar Mitchell
First Alarm
3701 Collins Avenue
Richmond, CA 94806
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 1 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City's rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of Calitornia, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract, or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 4 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 davs' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §S 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligation to General Conditions/EJ/TE 01-19-11 6 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 7 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City's Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City's website at
http://www.ci.richmond.ca.us/workplacepolicies. Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 8 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 9 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable), or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §$ 800 et seg. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purposes). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 11 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
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For the Contract between the City of
Richmond anc
First Alarm
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security ("ICE").
Contractor must submit the Sanctuary City Compliance Statement, attached hereto, prior to the execution of this Agreement.
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or "SCCO"). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security ("ICE"). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker" means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. "Extreme Vetting" means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
For the Contract between the City of
Richmond and
First Alarm
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the ONTRACIOR shall keep in effect insurance policies meeting the insuranc equirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
- Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial general Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with espect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of sai CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with. primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder's Risk/ Course of Construction Insurance.
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)
7. Contractor's Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability Employers' Liability per accident, per employee for bodily injury or disease.
IF CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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- • • nade
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability PROJECT COST REQUIRED LIMIT
(primary and excess limits $0 - $5 million $2 million p/o combined) $5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
If the policy includes a general aggregate, either the general aggregate shal apply separately to this project, service or location or the minimum equired aggregate limit shall be twice the per occurrence limit ($ illion aggregate limit
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage..
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and Builders' Risk/Course of business interruption.
Construction - Covers property
under construction, repair or If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater renovation as well as equipment
shall be obtained that provides for the improvement, remodel, modification, and materials to be installed.
alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater (Only required for Construction shall provide property damage coverage for any building, structure, Projects involving property and machinery or equipment damaged, impaired, broken or destroyed during the equipment installation.) performance of the Work, including during transit, installation and testing at the City of Richmond's site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City..
Contractor's Pollution Liability (if Same limits as General Liability. applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but no limited to bodily injury, deaths and property damage or destruction arising i any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
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.....s.n.
- Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements can be found at (continued) http://www.ci.richmond.ca.us/index.aspx?nid=61 Primary and Noncontributory The contractor's insurance coverage must be primary coverage as it pertains Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured Any he drey be tre lin or helen teste nectar tale a or red Retentions
eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Celerao for each lostle for satisfaction of the deductble and/or self-insured Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS The Contractor shall provide:
(If a Public Works/Engineering 1. A Bid bond
Project) 2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance Type 1 - Page 3 of 4
Revised: September 2011
- Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Verification of Coverage
• Richmond reserves the riaht to reauire complete, ce
endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems f services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved b he City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, term:
and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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Revised: September 2011