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HomeMy WebLinkAbout2nd Amendment - Security Guard Services AgreementDocuSign Envelope ID:265A5D08-6D35-4313-8C66-567F721DEFA1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT SECURITY GUARD SERVICES This Second Amendment to Professional Services Agreement ("Second Amendment") is made and entered into as of July 18, 2024, by and between the City of Diamond Bar, a municipal corporation ("City"), and Absolute International Security, Inc., a California Corporation ("Contractor") with reference to the following: A. The City and the Contractor entered into that certain Professional Services Agreement dated as of August 2, 2022, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor entered into that certain First Amendment dated as of July 18, 2023, which is incorporated herein by this reference ("First Amendment"), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); herein. C. The City and the Contractor desire to amend the Agreement as provided NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from August 2, 2022 to June 30, 2023. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment shall extend the Term up to and including June 30, 2025. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services and the rates set forth in the pricing sheet entitled " Unarmed Security Officer Rates for City of Diamond Bar" set forth in Exhibit " A" attached to and incorporated in this Second Amendment. Payment will be made only after submission of proper invoices in the form specified by City. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement, was the sum of sixty-seven thousand eight hundred dollars ($67,800.00). The First Amendment amended Section 3 of the Original Agreement increasing the compensation by eighty-nine thousand fifty dollars ($89,050.00) to provide for a total not -to -exceed compensation in the sum one hundred fifty-six thousand eight 1 DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 hundred fifty Dollars ($156,850.00). The total not -to -exceed compensation of the Agreement is hereby amended to provide for an increase of seventy-seven thousand eight hundred Dollars ($77,800.000) so that the total not -to -exceed compensation, as amended by this Second Amendment shall not exceed two hundred thirty-four thousand six hundred fifty Dollars ($234,650.00) without the prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. "CONTRACTOR" "CITY" ABSOLUTE INTERNATIONAL SECURITY, INC. CITY OF DIAMOND BAR Doc uSig ned by: DocuSigned by: LUCY LIN *By. By: Printed Name: Dan Fox, City Manager Title: 2 Dnd by: Kristina Santana, City Clerk Uav,E3. .VgD AS TO FORM: Om r Sandoval, City Attorney DocuSign Envelope ID:265A5D08-6D35-4313-8C66-567F721DEFA1 a, ABSOLUTE ATEMATIONAL SECUMTY uuuuummmu���u��u�u��uuumuui��4� June 11, 2024 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: Ms. Crystal Knox Re: Notice of Service Rate Adjustment Dear Ms. Knox, Thank you for choosing AIS for your security needs. We appreciate your business. Please accept this letter as a formal request for a service rate increase effective July 1, 2024 through June 30, 2025. Current Rate New Rate (Effective July 1, 2024) Regular Unarmed Officer $31.00/Hour $32.00/Hour Regular Unarmed Officer $46.50/Hour $48.00Hour Overtime/Holiday Rate Below are outlined reasons why the above adjustments must be made: • The service rate aligns with the Consumer Price Index, which for January 2024, is 3.10%. • The service rate increase serves to compensate for both the mandatory living/minimum wage requirements as well as to further stabilize the manpower needed to service your contract due to the nationwide labor shortage from the pandemic and current economic status. Please feel free to contact us to discuss any questions you may have. As always, we are here to help, and again, we appreciate the opportunity to serve you. Sincerely, Lisa Phan, Controller Absolute International Security 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 s` 4° ABSOLUTE MTEMATIONAL SECUMTY xis .fi+��(i�(()l(%)liIl�())!I)�lj�lillllVill(i11V1111))l�III '�r-'w pL AK A FSL �i-SC dll4iIF P L Department of Industrial Relations STATE OF CALIFORNIA State Minimum LA City Minimum Unincorporated Areas of LA City Living Wage Wage Wage Los Angeles County 1/1/16 $10.00 7/1/16 $10.50 7/1/16 $10.50 7/1/17 $12.73 1/1/17 $10.50 7/1/17 $12.00 7/1/17 $12.00 7/1/18 $13.05 1/1/18 $11.00 7/1/18 $13.25 7/1/18 $13.25 10/15/18 $14.50 1/1/19 $1.2.00 7/1/19 $14.25 7/1/19 $14.25 7/01/19 $15.50 1/1/20 $13.00 7/1/20 $15.00 7/1/20 $15.00 7/01/20 $16.25 1/1/21 $14.00 7/1/21 $15.00 7/1/21 $15.00 7/01/21 $16.25 1/1/22 $15.00 7/1/22 $16.04 7/1/22 $15.96 7/01/22 $17.29 1/1/23 $15.50 7/1/23 $16.78 7/1/23 $16.90 7/01/23 $18.03 1/1/24 $16.00 7/1/24 $17.28 7/1/24 $17.27 7/1/24 $18.53 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 DocuSign Envelope ID: 265A5Dt18-6D354313-8C66-567F721 DEFA1 AC"RE> CERTIFICATE OF LIABILITY INSURANCE DATE DIXXXX) 06/14/2/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorse meril PRODUCER CONTACT Vanessa Valadez NAME: James G. Parker Insurance PARic Na Ext : (559) 222-7722 AX Nu : (559) 222-1724 E-MAIL vvaladez@jgparker,com ADDRESS: License #0554959 �INSURER(S) AFFORDING COVERAGE NAIC iY P O Box 3947 INSURERA: Allied World Surplus Lines Ins Cc 24319, Fresno CA 93650 INSURED INSURER B : Everest National Insurance Cc 10120 IN$URER C : Redwood Fire & Casualty Ins Co 11673 Absolute Security International INSURER D 5155 Irwindale Ave INSURER E : INSURER F: Irwindale CA 91706 COVERAGES CERTIFICATE NUMBER: 24-25 GLXSWCEPBA REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIIIYYY POLICY EXP MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1.000.000 CLAIMS -MADE ® OCCUR PREMISES Ea occurrence $ 100,000 ME EXP(Any one person) S 10,000 Ded $5,000 X Sexual Misconduct PERSONAL & ADV INJURY S 1.000,000 A Y 5200421801 0112712024 01/2712025 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 3.000,000 POLICY1:1 PRO- JECT F7 LOC PRODUCTS -COMPIflPAGG S 3,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1.000,000 X BODILY INJURY (Per person) S ANYAUTO B OWNED V SCHEDULED AUTOS ONLY AUTOS Y CF1 CA00423241 05/31/2024 05/31/2025 BODILY INJURY (Peraccidentj S X PROPERTY DAMAGE Per accent S HIRED r NON -OWNED AUTOS ONLY /1 AUTOS ONLY S UMBRELLA LAB X OCCUR EACH OCCURRENCE S 5.000,000 X AGGREGATE S 5.000,000 A EXCESS LIAB CLAIMS -MADE 5201187601 01/27/2024 01/2712025 DED I I RETENTION $ S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRO PRIETORIPARTNER)EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA Y ABWC554238 01127/2024 01l2712025 X PER STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1 °QOC•QCd IF yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT , S 1,000,000 A Empl Practices Liabllncl 3rd Party 03128407 04I2012024 04/20/2025 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City, its officers, employees, agents, and volunteers are included as Additional Insured per attached forms CG2010 0413 and ECA04521 0414. Coverage is Primary and Nan -Contributory per attached form GL0002100 0709. Waiver of Subrogation applies With respect to Workers Compensation per attached form WC99041OC 0119. CERTIFICATE HOLDER CANCELLATION, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Diamond Bar ACCORDANCE WITH THE POLICY PROVISIONS. 21810 Copley Drive AUTHORIZED REPRESENTATIVE Diamond Bar CA 91765 O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:265A5D08-6D35-4313-8C66-567F721DEFA1 POLICY NUMBER: 5200-4218-01 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket Basis — Any entity that the named insured Any through written contract or agreement agrees to include as an additional insured. Item 4.b. of Section IV — commercial liability conditions is amended by the addition of the following: (3) this insur- ance is primary and /or noncontributory to any coverage afforded to the "additional insured" if a written contract or agreement states the named insured agrees to name a person or entity as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 COMMERCIAL AUTO ECA 04 521 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Organization ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured B. Is executed after the date of "loss". paragraph under Section II — Liability Coverage: This paragraph does not apply if: The organization shown in the Schedule with respect 1. The terms and conditions of the written to the operation, maintenance, or use of a covered "insured contract' had been agreed upon prior "auto" if you are required to add such organization to to the "accident' or "loss"; and this policy as an additional insured in order to comply 2. You can definitively establish that the terms with the terms of a written "insured contract' or written and conditions of the written "insured contract' agreement. This does not apply when such contract ultimately executed are the same as those or agreement: which had been agreed upon prior to the A. Involves the owner or anyone else from whom you "accident' or "loss". hire or borrow a covered "auto' unless it is a "trailer" connected to a covered "auto' you own; or ECA 04 521 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 13075.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/27/2024 PolicyNo.: ABWC554238 Endorsement No.: Insured: Absolute Security International Premium $ Insurance Company: Redwood Fire and Casualty Ins Co Countersigned by WC990410C (Ed. 01-19) DocuSign Envelope ID: 265A5D08-6D35-4313-8C66-567F721DEFA1 aA DIAMOND BAR CONTRACT ROUTING FORM GRLIFORNI0. SECTION 1 - CONTRACT INFORMATION Contract Manager: Crystal Knox Legal Vendor Name: Project Name: Amendment: Effective Date: Extension Options: Absolute International Security, Inc. Professional Services Agreement - Security Guard Services *Yes, Amendment # 2 ❑No July 1, 2024 Termination Date: June 30, 2025 The City Manager shall have the option to extend this agreement for up to three (3), one (1) year terms. Not -to -Exceed Amount: $234,650.00 Is this amount Budgeted? Account #: 100510-55330 - $75,000.00; 10520-55300 - $2,300.00 Exhibits: * "A" - Scope of Work/Compensation ❑ IIBI, - *Yes [--]No Bid Information: ❑ Bid Tabulation Sheet ❑ Bidding Exemptions (Sole Source/Emergency/Other) Approval Authority: ❑ Department Head ❑ City Manager ❑ City Council Approval Date: SECTION 2 - INSURANCE INFORMATION l Upon confirmation that certain insurance requirements do not apply, remove REMINDERS: specified insurance language from contract before execution. * Contract Manager is responsible for updating certificates for multi -year contracts. REQUIRED: 0 Yes, as marked below 0 General Liability 0 Auto Liability ❑ Cyber Liability ❑ Excess/Umbrella Al Workers Comp Department Head Name: ❑ No 0 Additional Insured Endorsement ❑ Professional Liability (E&O) ❑ Environmental Liability ❑ Waiver of Subrogation ❑ Other: SECTION 3 - APPROV Signature: Date: Form Updated: 06/14/23 DocuSign Certificate Of Completion Envelope Id: 265A5D086D3543138C66567F721DEFA1 Status: Completed Subject: Complete with Docusign: 2nd AMEND TO CON AGMT -FY 24-25.pdf, 2nd AMEND - EXHIBIT A.pdf, City of... Source Envelope: Document Pages: 10 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Crystal Knox AutoNav: Enabled 21825 Copley Dr Envelopeld Stamping: Enabled Diamond Bar, CA 91765-4178 Time Zone: (UTC-08:00) Pacific Time (US & Canada) cknox@diamondbarca.gov IP Address: 76.79.169.100 Record Tracking Status: Original 6/14/2024 3:46:51 PM Signer Events LUCY LIN Ilin@absolutesecurityintl.com president/Treasurer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/14/2024 4:39:30 PM ID: ce571308-27d3-45f4-bcf3-d1 1 d332bb8bf Omar Sandoval osandoval @woodruff.law Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/30/2023 9:27:38 AM ID: fa 1 7dabd-c770-4ac7-ae93-2ad37854a23a Ryan Wright rwright@diamondbarca.gov Parks and Recreation Director City of Diamond Bar Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Fox dfox@diamondbarca.gov City Manager City of Diamond Bar Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Crystal Knox Location: DocuSign cknox@diamondbarca.gov Signature Timestamp LLus�"e" °�Sent: 6/14/2024 4:07:10 PM UCY LIN Viewed: 6/14/20244:39:31 PM 'A'4_A 2F2DC1 "46:.. Signed: 6/14/2024 4:43:21 PM Signature Adoption: Pre -selected Style Using IP Address: 47.180.84.92 ° Us1pin W° Sent: 6/14/2024 4:43:24 PM 1�14FED2446CBF547C. ¢'�r'a; ,/Viewed: 6/14/2024 9:08:08 PM Signed: 6/14/2024 9:08:22 PM Signature Adoption: Uploaded Signature Image Using IP Address: 34.208.136.214 �g"eooY: Sent: 6/14/2024 9:08:23 PM 1'5'1136�0'028 Viewed: 6/17/2024 8:14:39 AM W54F3. Signed: 6/17/2024 8:43:03 AM Signature Adoption: Pre -selected Style Using IP Address: 76.79.169.100 [o°s.9"etl°y.. Sent: 6/17/2024 8:43:05 AM � Viewed: 6/19/2024 8:00:48 AM CBE]GGEF5404 EB . Signed: 6/19/2024 8:07:23 AM Signature Adoption: Uploaded Signature Image Using IP Address: 47.176.65.100 Signer Events Kristina Santana ksantana@diamondbarca.gov City of Diamond Bar Security Level: Email, Account Authentication (None) Signature LmaGus shed oY: ,D-St4�24FFF 14 E4e8... Signature Adoption: Uploaded Signature Image Using IP Address: 47.176.65.100 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Witness Events Signature Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamp Sent: 6/19/2024 8:07:25 AM Viewed: 6/20/2024 12:48:35 PM Signed: 6/20/2024 12:48:41 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 6/14/2024 4:07:11 PM 6/20/2024 12:48:35 PM 6/20/2024 12:48:41 PM 6/20/2024 12:48:41 PM Timestamps Electronic Record and Signature Disclosure created on: 8/30/2023 9:00:10 AM Parties agreed to: LUCY LIN, Omar Sandoval ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Diamond Bar (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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