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08-039, Silicon Valley Security and Patrol AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 ry~ C (408) 777-3200 NO. G~-~~~ / / ~ Fiscal Year 07-08 ~ BY THIS AG EMENT made and entered into on the 11th day of April, 2008 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Silicon Valley Security and Patrol, Inc. 1131 Luchessi Dr., Suite #2, San Jose, CA 95118 (408) 978- 2198 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide security services at the Quinlan Community Center when a permit with alcohol is issued, during the months of April-June 2008: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Exhibit B TERIVIS: The services and/or materials furnished under this Agreement shal! commence on April 14, 2008 and shall be completed before June 30, 2008. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed $700.00. GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its officers, agents, and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described herein. Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of CITY'S Director of Administrative Services. Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing this Agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. Changes. This Agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Kelsey R. Hayes DEPARTMENT: Parks & Recreation This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By: y: Title: - '"s~ Title: Recreation ordinator Social Security " / APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD D TE ACCOUNT NUMBER AMOUNT ¢ ~ 1 6~ 110-6265-7014 $700.00 CITY CL • DATE ~ z~ 0 8 y ~ ~ EXHIBIT A Scope of Services 1. Secure the Quinlan Community Center during the hours of which a permit with alcohol has been issued. 2. Security need not to be armed. Back up, if needed, will be by the Santa Clara County Sheriff's Office. 3. Base price includes necessary cell phones and or radios for security personnel to communicate with County Sheriff or City personnel. 4. Patrol vehicle is not needed. Security personnel will provide own transportation to the Quinlan Community Center. 5. City shall provide list of emergency numbers and basic training related to the Quinlan Community Center operations and neighborhood issues. 6. City shall provide access to on site office space for charging of cell phones/radios, posting of schedules and notices. 7. Security will be working in conjunction with City staff during the hours of the permit. ~ EXHIBIT B ' Insurance Requirements Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Form CG 0001 covering Commercial General Liability on an"occurrence" basis. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1(any auto), or Code 8 (hired) and 9(non-owned) if consultant has no owned autos. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: (Including products-completed operations, personal & advertising injury) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or 07 04 revisions), as a separate Owner's and Contractor's Protective Liability Policy, or on the City's own form. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the Named Insured for the Agency. This provision also a~plies to the Contractor's Warkers' Compensation polic~ 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days for non-payment) has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims-made coverage, the City requires that coverage be maintained for a period of 5 years after completion of the contract. Verification of Coverage Contractor shall furnish the City with original certi~cates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these speci~cations, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer.