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Resolution No. 100385 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 2.0 pan 22 23 24 25 26 27 RESOLUTION NO. 10,038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A. SERVICES AGREEMENT BY AND'BETWEEN THE CITY OF VERNON AND J.D. HICKS & ASSOCIATES WHEREAS, the City of Vernon (the."City") needs the services of a -firm to provide security services and maintain general order customary to the operations of the City's power generation facilities 24-hours a day, 7-days a week; and WHEREAS, J.D. Hicks & Associates ("Hicks") has performed administrative and security services for the City in the past for the Malburg Generation Station, including 9/11 security requirements for the Malburg Generating Station pursuant to the California Energy Commission compliance regulations; and WHEREAS, by memo dated August 5, 2009, the City Administrator has recommended that an agreement be approved with Hicks to perform the necessary security services and maintain general order customary to the operations of the City's power generation facilities 24-hours a day, 7-days a week; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a new agreement with Hicks to enhance the services provided to the residents and businesses in the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S (finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Services Agreement with J.D. Hicks & Associates, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3 The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of,' the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Administrator, or his designee, is hereby authorized to make whatever nonsubstantive changes, upon advice of counsel, to the Agreement and all related documents,that.become necessary to implement and carry out the purpose of this resolution. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed. jAgreement to Hicks. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED AND ADOPTED this 10th day of August, 2009. Name Hilario Gonzales kANUELA GIRON,..City Clerk Title: Mayor - 2 - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS'ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,038, was duly passed, approved and adopted by the City Council of the City of Vernon at.regular meeting of the City Council duly held on Monday, August 10, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this "day of August, 2009, at Vernon, California. MANUELA GIRON,-City Clerk (SEAL) - 3 = EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND J.D. HICKS & ASSOCIATES THIS AGREEMENT is made and effective as of August 15, 2009, between the City of Vernon (the "City") and J.D. Hicks & Associates ("JDH"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM AND TIME OF PERFORMANCE. This Agreement shall commence upon the Execution Date, and shall remain and continue in effect for one year, unless sooner terminated pursuant to the provisions of this Agreement. " The City may renew this Agreement on a year to year basis at its discretion. Any Services performed prior to the Execution Date shall for all purposes be deemed to have been performed pursuant to this Agreement, subject to the terms and conditions hereof. 1.1 Renewal of Agreement. In the event that City renews this Agreement, JDH may submit a written proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by the City before such increase can take effect. If the City fails to approve the proposed rate increase within thirty (30) days of receipt, JDH may terminate the renewal by giving thirty (30) days written notice. 2. SCOPE OF SERVICES. JDH shall perform the services and tasks described and set forth in the Scope of Services Document, attached hereto and incorporated herein as Exhibit A (the "Services"). 3 • PERFORMANCE. JDH shall at all times, faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. JDH shall employ, at minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of JDH hereunder in meeting its obligations under this Agreement. 4.. COMPENSATION. The City of Vernon agrees to pay JDH in accordance with the payment rates and terms as set forth in the Rate/Expense Schedule, attached hereto and incorporated herein by this reference as Exhibit B, for the Services provided pursuant to this Agreement. JDH shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. JDH shall be compensated for any additional services in the amounts and in the manner as agreed to by the City and JDH at the time City's written authorization is given to JDH for the performance of said services. 5. METHOD OF PAYMENT. 5.1 Invoices. JDH shall submit invoices twice monthly for actual services performed. Invoices shall include the month for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets and other supporting documents as the City may require. 5.2 Payments by the City. Payments of each invoice shall be made within thirty (30) days following receipt of each invoice as to all non -disputed fees. If the City disputes any of JDH's fees, it shall give written notice to JDH within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. 5.3 Requests by the City. The City reserves the right to request changes in the services to be performed by JDH. These written Change Orders, described in 5.4 below, shall specify, if applicable, the scope, adjustment of compensation, and completion time. 5.4 Change Orders. Any services added to those set forth in the Scope of Services Document by a Change Order shall be subject to all applicable terms and conditions set forth in this Agreement. No Change Order shall be effective unless mutually agreed to and executed by both parties. 6. PERSONNEL. All persons performing the Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or any applicable laws. JDH shall provide the City with said permits, licenses, and certificates at the request of the City. At any time, and for any reason or for no reason, the City may request that JDH replace any of JDH's personnel. 6.1 Access. JDH shall comply with all reasonable access and other restrictions that the City may impose. No access for performance of the Services will be permitted prior to delivery to the City of proof of insurance paid and maintained by JDH. 7. JDH' S DUTIES AND REPRESENTATIONS. JDH represents, covenants and agrees as follows: 7.1 There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. 7.2 The Services performed hereunder shall be of the standard and quality which prevail among companies or entities who provide similar services throughout the United States under the same or similar circumstances. 7.3 There is no litigation pending against JDH and JDH is not the subject of any criminal investigation or proceeding, and neither JDH nor its personnel, to its actual knowledge, have been convicted of a felony. 8. TERMINATION. 8.1 Termination Right. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon JDH at least thirty (30) days prior written notice. Upon receipt of such notice, JDH shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. 8.2 Payment Upon Termination. In the event this Agreement is terminated pursuant to this Section, the City shall pay JDH the actual value of work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, JDH shall submit an invoice to the City pursuant to Section 5. 8.3 Actions Subsequent to Termination. In the event of termination or suspension of this Agreement, JDH shall deliver all City Data, as defined in Section 9, below, to the City within three (3) days after the termination or suspension of this Agreement. JDH shall also take all such other action as the City reasonably requires and shall cooperate with the City to effectuate an orderly and systematic termination of JDH's duties and activities hereunder. 9. CONFIDENTIAL STATUS; DISCLOSURE OF INFORMATION. All data, floor plans, designs, maps, surveys, drawings, models, reports, logs, documents, materials or other information developed or created by JDH, received by JDH, or provided to JDH for the performance of this Agreement ("City Data") are deemed confidential and shall not be disclosed by JDH without the City's prior written consent. The City shall grant such consent if disclosure is legally required. All City Data shall be returned to the City upon the termination of this Agreement. JDH's covenant under this Section shall survive the termination of this Agreement. City may disclose to third parties any City Data at its sole discretion. 10. DEFAULT. JDH's failure to comply with the provisions of this Agreement shall constitute a default. In the event that JDH is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating JDH for any work performed after the date of default and can terminate this Agreement immediately by written notice to JDH. If such failure by JDH to perform the Services set forth herein arises out of causes beyond JDH's control, and without fault or negligence of JDH, it shall not be considered a default. 11. INDEMNIFICATION. JDH agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, losses, defensive costs or expenses, including without limitation, attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, officials, employees, agents, or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the intentional, reckless, negligent, or otherwise wrongful acts or omissions of JDH, or JDH's officers, employees, or agents arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. INDEPENDENT CONTRACTOR. 12.1 JDH is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of JDH shall at all times be under JDH's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of JDH or any of JDH's officers, employees, or agents except as set forth in this Agreement. JDH shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents or volunteers of the City. JDH shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 12.2 No employee benefits shall be available to JDH or its officers, employees, or agents in connection with the performance of this Agreement. Except for the fees paid to JDH as provided in the Agreement, City shall not pay salaries, wages, or other compensation to JDH for performing services hereunder for the City. City shall not be liable for compensation or indemnification to JDH or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. 13. INSURANCE. 13.1 JDH shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by JDH or JDH's officers, employees, or agents. 13.2 JDH shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by JDH in performing the services required by this Agreement. 13.3 JDH shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a blanket fidelity bond or a policy or policies of Crime Insurance, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, to protect City from any losses sustained through any fraudulent or dishonest act or acts committed by JDH or JDH's officers, employees, or agents. 13.4 JDH agrees to maintain in force at all times during the performance of work under this Agreement workers compensation as required by law. 13.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. E 13.6 JDH agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at JDH°s expense, the premium thereon. 13.7 At all times during the term of this Agreement, JDH shall maintain on file with the Risk Manager a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required amounts. JDH shall, prior to commencement of work under this Agreement, file with the Risk Manager such certificate or certificates. The policies of insurance required by this Agreement shall contain an endorsement naming the City as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 13.8 The insurance provided by JDH shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of JDH's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. JDH hereby waives all rights of subrogation against City. 13.9 Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, JDH shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or JDH shall procure a bond guaranteeing payment of losses and expenses. 14. LEGAL RESPONSIBILITIES. JDH shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. JDH shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of JDH to comply with this Section. 15. NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 5 To City: City of Vernon Mailing Address: 4305 Santa Fe Avenue Vernon, CA 90058 Attention: City Administrator To JDH: J.D. Hicks & Associates Mailing Address: 1681 Tiburon Blvd., Suite B Tiburon, California 94920 Attention: J.D. Hicks 16. ASSIGNMENT. JDH shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, JDH's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and JDH. 17. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 18. GOVERNING LAW. The City and JDH understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Vernon. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of JDH warrants and represents that he or she has the authority to execute this Agreement on behalf of JDH and has the authority to bind JDH to the performance of its obligations hereunder. JDH: J.D. Hicks & Associates Name Title: CITY: City of Vernon Name Title: Mayor / Mayor Pro -Tern Date: Date: ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Laurence S. Wiener, City Attorney 7 F.XHIRTT A SCOPE OF SERVICES DOCUMENT Commencing on August 10, 2009, JDH shall furnish properly equipped, uniformed guards to perform security services and maintain general order customary to the operations at City of Vernon twenty-four hours a day, seven days a week. The security guards shall perform the following general security duties: 1) Man the entrance on Soto St.; 2) When applicable, man the Seville entrance gate; 3) When applicable, check -in visitors when entering City of Vernon Generation Facilities, issue visitor passes and report all visitors to Station A designated personnel; 4) Make regular periodic tours of the exterior premises, checking all gates, doors, and windows; 5) Report any unusual incidents or hazardous conditions as soon as practicable to representatives designated by City in a manner agreed to with the City; 6) Submit a written report covering all incidents or hazardous conditions to Transmission & Distribution Manager as soon as practicable/within four hours after the occurrence of the incidents and/or hazardous conditions to City; 7) Maintain a guard log book as required by City; 8) Perform all other specific duties now and in the future in accordance with written instructions from the City." 9 EXHIBIT B RATE/ EXPENSE SCHEDULE The amount paid to JDH shall not exceed $500,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The City of Vernon shall pay JDH for Services in the amount of $19,230.76 every two weeks. This amount includes bi-weekly fees of $3,692.31 for JDH service fees and $15,538.46 for Services provided by licensed 9/11 Security Personnel. 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 22, 2009 J. D. Hicks & Associates, LLC ATTN: J. D. Hicks 1681 Tiburon Blvd., Suite B Tiburon, CA 94920 Re: Services Agreement Dear Mr. Hicks: The insurance requirements have been met. Transmitted herewith is a fully executed agreement as referenced above, approved by City Council on August 10, 2009, through Resolution No. 10,038. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan at 323/583- 8811 ext. 834. Very truly yours, elly Gir City Clerk NG: dj c: Resolution No. 10,038 Agreement File No. 09-104 Exclusively Industrial SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND J.D. HICKS & ASSOCS�\`Q�� i5 THIS AGREEMENT is made and effective as of _August 4< 2009, between the City of Vernon (the "City") and J.D. Hicks & Associates ("JDH"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM AND TIME OF PERFORMANCE. This Agreement shall commence upon the Execution Date, and shall remain and continue in effect for one year, unless sooner terminated pursuant to the provisions of this Agreement. The City may renew this Agreement on a year to year basis at its discretion. Any Services performed prior to the Execution Date shall for all purposes be deemed to have been performed pursuant to this Agreement, subject to the terms and conditions hereof. 1.1 Renewal of Agreement. In the event that City renews this Agreement, JDH may submit a written proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by the City before such increase can take effect. If the City fails to approve the proposed rate increase within thirty (30) days of receipt, JDH may terminate the renewal by giving thirty (30) days written notice. 2. SCOPE OF SERVICES. JDH shall perform the services and tasks described and set forth in the Scope of Services Document, attached hereto and incorporated herein as Exhibit A (the "Services"). 3 • PERFORMANCE. JDH shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. JDH shall employ, at minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of JDH hereunder in meeting its obligations under this Agreement. 4. COMPENSATION. The City of Vernon agrees to pay JDH in accordance with the payment rates and terms as set forth in the Rate/Expense Schedule, attached hereto and incorporated herein by this reference as Exhibit B, for the Services provided pursuant to this Agreement. JDH shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. JDH shall be compensated for any additional services in the amounts and in the manner as agreed to by the City and JDH at the time City's written authorization is given to JDH for the performance of said services. 5. METHOD OF PAYMENT. 5.1 Invoices. JDH shall submit invoices twice monthly for actual services performed. Invoices shall include the month for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. 1 Each invoice shall include copies of timesheets and other supporting documents as the City may require. 5.2 Payments by the City. Payments of each invoice shall be made within thirty (30) days following receipt of each invoice as to all non -disputed fees. If the City disputes any of JDH's fees, it shall give written notice to JDH within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be withheld until resolution. 5.3 Requests by the City. The City reserves the right to request changes in the services to be performed by JDH. These written Change Orders, described in 5.4 below, shall specify, if applicable, the scope, adjustment of compensation, and completion time. 5.4 Change Orders. Any services added to those set forth in the Scope of Services Document by a Change Order shall be subject to all applicable terms and conditions set forth in this Agreement. No Change Order shall be effective unless mutually agreed to and executed by both parties. 6. PERSONNEL. All persons performing the Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or any applicable laws. JDH shall provide the City with said permits, licenses, and. certificates at the request of the City. At any time, and for any reason or for no reason, the City may request that JDH replace any of JDH's personnel. 6.1 Access. JDH shall comply with all reasonable access and other restrictions that the City may impose. No access for performance of the Services will be permitted prior to delivery to the City of proof of insurance paid and maintained by JDH. 7. JDH'S DUTIES AND REPRESENTATIONS. JDH represents, covenants and agrees as follows: 7.1 There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. 7.2 The Services performed hereunder shall be of the standard and quality which prevail among companies or entities who provide similar services throughout the United States under the same or similar circumstances. 7.3 There is no litigation pending against JDH and JDH is not the subject of any criminal investigation or proceeding, and neither JDH nor its personnel, to its actual knowledge, have been convicted of a felony. 8. TERMINATION. 8.1 Termination Right. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon JDH at least thirty (30) days prior written notice. Upon receipt of such notice, JDH shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. 8.2 Payment Upon Termination. In the event this Agreement is terminated pursuant to this Section, the City shall pay JDH the actual value of work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, JDH shall submit an invoice to the City pursuant to Section 5. 8.3 Actions Subsequent to Termination. In the event of termination or suspension of this Agreement, JDH shall deliver all City Data, as defined in Section 9, below, to the City within three (3) days after the termination or suspension of this Agreement. JDH shall also take all such other action as the City reasonably requires and shall cooperate with the City to effectuate an orderly and systematic termination of JDH's duties and activities hereunder. 9. CONFIDENTIAL STATUS; DISCLOSURE OF INFORMATION. All data, floor plans, designs, maps, surveys, drawings, models, reports, logs, documents, materials or other information developed or created by JDH, received by JDH, or provided to JDH for the performance of this Agreement ("City Data") are deemed confidential and shall not be disclosed by JDH without the City's prior written consent. The City shall grant such consent if disclosure is legally required. All City Data shall be returned to the City upon the termination of this Agreement. JDH's covenant under this Section shall survive the termination of this Agreement. City may disclose to third parties any City Data at its sole discretion. 10. DEFAULT. JDH's failure to comply with the provisions of this Agreement shall constitute a default. In the event that JDH is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating JDH for any work performed after the date of default and can terminate this Agreement immediately by written notice to JDH. If such failure by JDH to perform the Services set forth herein arises out of causes beyond JDH's control, and without fault or negligence of JDH, it shall not be considered a default. 11. INDEMNIFICATION. JDH agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, losses, defensive costs or expenses, including without limitation, attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, officials, employees, agents, or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the intentional, reckless, negligent, or otherwise wrongful acts or omissions of JDH, or JDH's officers, employees, or agents arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. INDEPENDENT CONTRACTOR. 12.1 JDH is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of JDH shall at all times be under JDH's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of JDH or any of JDH's officers, employees, or agents except as set forth in this Agreement. JDH shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents or volunteers of the City. JDH shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind. City in any manner. 12.2 No employee benefits shall be available to JDH or its officers, employees, or agents in connection with the performance of this Agreement. Except for the fees paid to JDH as provided in the Agreement, City shall not pay salaries, wages, or other compensation to JDH for performing services hereunder for the City. City shall not be liable for compensation or indemnification to JDH or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. 13. INSURANCE. 13.1 JDH shall at all times during the term of this Agreement carry, maintain, and keep in fall force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by JDH or JDH's officers, employees, or agents. 13.2 JDH shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by JDH in performing the services required by this Agreement. 13.3 JDH shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a blanket fidelity bond or a policy or policies of Crime Insurance, with minimum limits of One Million Dollars ($1,000;000) per occurrence, combined single limit, to protect City from any losses sustained through any fraudulent or dishonest act or acts committed by JDH or JDH's officers, employees, or agents. 13.4 JDH agrees to maintain in force at all times during the performance of work under this Agreement workers compensation as required by law. 13.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. 4 13.6 JDH agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at JDH's expense, the premium thereon. 13.7 At all times during the term of this Agreement, JDH shall maintain on file with the Risk Manager a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required amounts. JDH shall, prior to commencement of work under this Agreement, file with the Risk Manager such certificate or certificates. The policies of insurance required by this Agreement shall contain an endorsement naming the City as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 13.8 The insurance provided by JDH shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of JDH's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. JDH hereby waives all rights of subrogation against City. 13.9 Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, JDH shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or JDH shall procure a bond guaranteeing payment of losses and expenses. 14. LEGAL RESPONSIBILITIES. JDH shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. JDH shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of JDH to comply with this Section. 15. NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Vernon Mailing Address: 4305 Santa Fe Avenue Vernon, CA 90058 Attention: City Administrator To JDH: J.D. Hicks & Associates Mailing Address: 1681 Tiburon Blvd., Suite B Tiburon, California 94920 Attention: J.D. Hicks. 16. ASSIGNMENT. JDH shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, JDH's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and JDH. 17. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 18. GOVERNING LAW. The City and JDH understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Vernon. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of JDH warrants and represents that he or she has the authority to execute.this Agreement on behalf of JDH and has the authority to bind JDH to the performance of its obligations hereunder. C. JDI3: J.D. Hicks & Associates Name Title: Date: CITY: City of Vernon Name Title: Mayor / Mayor Pro-Tem Date: %/ Z-eO C) ATTEST: c Manuela Giron, ify -lerk APPROVED AS TO FORM: Laul nce . Wiener, City Attorney EXHIBIT A SCOPE OF SERVICES DOCUMENT Commencing on August 10, 2009, JDH shall furnish properly equipped, uniformed guards to perform security services and maintain general order customary to the operations at City of Vernon Generation Facilities twenty-four hours a day, seven days a week. The security guards shall perform the following general security duties: 1) Man the entrance on Soto St.; 2) When applicable, man the Seville entrance gate; 3) When applicable, check -in visitors when entering City of Vernon Generation Facilities, issue visitor passes and report all visitors to Station A designated personnel; 4) Make regular periodic tours of the exterior premises, checking all gates, doors, and windows; 5) Report any unusual incidents or hazardous conditions as soon as practicable to representatives designated by City in a manner agreed to with the City; 6) Submit a written report covering all incidents or hazardous conditions to Transmission & Distribution Manager as soon as practicable/ within four hours after the occurrence of the incidents and/or hazardous conditions to City; 7) Maintain a guard log book as required by City; 8) Perform all other specific duties now and in the future in accordance with written instructions from the City." P. RATE/ EXPENSE SCHEDULE The amount paid to JDH shall not exceed $500,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The City of Vernon shall pay JDH for Services in the amount of $19,230.76 every two weeks. This amount includes bi-weekly fees of $3,692.31 for JDH service fees and $15,538.46 for Services provided by licensed 9/11 Security Personnel N APPROVED AUG- 10 '09 CITY COUNCIL f"Al O G 0 5 Z000 CITY CLERK'S OFFICE STAFF REPORT DATE: August 05, 2009 LIGHT & POWER TO: Honorable Mayor and City Council FROM: Donal O'Callaghan, Director of Light & Power RE: J.D. Hicks & Associates Services Agreement for Professional Security Guard Services with the City of Vernon - Resolution No. 8587 Amendment No. 9012 Attached is the J.D. Hicks & Associates Professional Security Service Agreement to furnish properly equipped, uniformed guards to perform security services and maintain general order customary to the operations at City of Vernon Generation Facilities twenty-four hours a day, seven days a week. The total annual cost is in the amount of not4o-exceed $500,000.00 for the following security duties: 1. Man the entrance on Soto St.; 2. When Applicable, man the Seville entrance gate; 3. When applicable, check -in visitors when entering premises; 4. Make regular periodic tours of the exterior premises; 5. Report any unusual incidents or hazardous conditions as soon as applicable; 6. Submit a written report covering all incidents of hazardous conditions to City; 7. Maintain a guard log book as required by City; 8. Perform all other specific duties now and in the future in accordance with written instructions from the City. Recommendation: We are recommending City Council approve the attached Services Agreement with J.D. Hicks & Associates in the amount not -to -exceed $500,000.00. DO: jv Attachments f- RISK XAMqEME9T INTER-DEPA�RTKENT XEM0RA=UM DATE: September 21, 2009 TO: Nelly Giron City Clerk FROM: Willard 'G. Yamaguchi (J"t Risk Manager PE. J.D. Hicks & Associates R Pleas,e be'advised that the above referenced has provided acceptable insurance coverage. Attached for your retention are insurance certificatesand related policies, declarations and/or endorsements for the above -referenced insured. This concerns insurance Coverage for Resolution No. 10,038 for security services and to maintain general order customary to the operations of the City's power generation facilities 24-hours a day, 7-days aweek . WGY/ab C., Debbie Juarez THE POLICIES OF INSURANCE: LISTED RFLOW HAVE OREN ISSUED TO THE INSURED NAMED A5OVE Fort THE POLICY PE910D INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH.THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN _ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH'POLICItS, 1fNSR AOO`L .TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE MMi`50IYY OATS- M OCYY LBAITS GENERALLIASILITY LAQjOVtURRfflQE S 1 000`000 COMMERCIAL GENERAL LIABILITY DAMAOE TO RENTED IdiSES Ei p a r tencu g 100 0000 A CLAIMS MADE rX OCCUR FMM1011168-4 07/20/2009 0712012010 N.I- FXP na � 10,000 X Errors & Omissions I s 14000,000 I EN , gMLAQqRCG 3.000 000 GEN'LAGGREGATIL€MIT APPLIES PER P S INCLUDED IQ X POI P AUTOMOBILE LIABILITY OOMDINED SINGLE LIMIT ANY AUTO (Es acddent) s ALL C kNI NEDAUTOS _ BODILY INJURY - SCIAEOULEDAUTOS _ - - (PatPoison) $ UDDII:Y INJURY. AIRED AUTOS. I NON-OWIED AUTOS. _ (N'ttt 1J4'CItNCn11. PROPERTY 04MAGE - (iy4t8cGNdBnI). GARAGE LIABILITY AUTO<ONLY- EAACCI NT 3 ANY AUTO OTHER THAN s AUTO ONLYs AGC 5 EXCESWUMBRELLA LIABILITY LACHOCC .fixCC $ AQMEGArE $ OCCUR 11 CLAIMS MADE S DEDUCTIBLE R OIt WORKERS COMPENSATION AND VJC STA U•: 0 Ei EMPLOYERS` LIABILITY ANY PROPRIeTOWARTNITWr-XFCUTIvr XSUB:-9201Y52-7-09 04/28/2009 04/28/2010 Ll -Ar.HLCCID $ 1,000 000 Fd.OISEASF= :EMPLOYEES 1i 000, 000 OFFICERIMEMUER EXCLUDED? I(yof'. � crAautNNar Y• A P 1 OISE`ASG-POLL Y LIMIT 11,000 000 OTHER C 3rd Party Fidelity Bo rid 1918072 08/28/2009 08/28/2010 Limit:$1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORS[MENTNSPECIAL PROVISION$ *going Business in California Under the dba name El Dorado Security Services insurance Agency - License #OE59720 c.crs r rrrt,.ra r c nur_ucm U.ANL:I L.LA T NUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'Tt �) � 1�G'�'tifF/T EXPIRATION DATE THEREOF,- THE ISSUING INSURER WILL ENDEAVOR TO MAIL 43 its tl an tCC a ATIa DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT; Vl'.)w.oIl, CA 90058 FAILURE TO DO 80 81HALL IMPO BUGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITSAGENTS OR RE TIVES; AUTHORI2EOR REB'NTAT +^. RE) IN5025 (vl a$I 8a Paj)e l of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A, statement an this certificate does not confer rights to the certificate holder in lieu of.suci) endoreement(s) If UBRGGATI€ N 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 -holderin lieu of such endorsement(s), DISCLAIMER The Certificate of insurance on the reverse side of this form does -not constitute 'a contract between the issuing insurers) authorized representative or producer, and the 'certificate holder; nor does it affirmatively or negatively amend, extend or alter thecoverage afforded by the policies listed thereon, ACORD 26 (2DO1100) POLICY NUMB ER:FMMI01 1168 .4 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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): - Any Person or Organization as required by written contract A. Section 11 — Who Is An Insured is amended to 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) desig- nated above, B. With respect to the insurance a(forded to these additional, insureds, the following additional excIU- slom apply.,, This insurance does not'apply to "bodily injury' or "property damage" occurring after; t All work, Including materials,, parts or equip- ment furnished in connection with Such work, on the project (other than service,, maintenance or repairs) to be performed by or on behalf of the additidnal In5ured(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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a princippi as a part of the same project, FIRST MERCURY INSURANCE COMPANY to STOCK COMPANY) STATUTORY HOME OFFICE: ONE SOUTH WACKER DRIVE, SUITE 2740, CHICAGO, IL 6060s ADMINISTRATIVE OI'FICE: 29621 NORTHWESTERN HWY., SOUTHFIELD, mi 48034 COMMERCIAL GENERAL LIABILITY DECLARATIONS (OCCURRENCE POLICY) RENEWAL DECLARATION NAMED INSURED AND ADDRESS., POLICY NUMBER, FMMI011168-4 .10Hicks &Associates Inc RENEWAL OF- t MM1011168-3 It $1 Titaurorti Blvd POLICY PERIOD; {)7120l21i00 TO tS7120L2010 Suite t3 2•0t A.M. STANDARD TIME AT THE A06RESS Tiburon, CA 94920 OF IfIE NAMED INSURfED AS STATL'-D HERON, AUDIT PERIOD: Annual Audit THE NAMED INSURED IS: Corporation BUSINESS DESCRIPTION: See Schedule"Attached"VX-DEC-EX LIMITS OF LIABILITY: COVERAGE IS PROVIDED ONLY IF A LIMITTS SHOWN BELOW: - General Aggragato Limit $3,000,000 Prouucis-Completed Operations AggregateLimit Included in Goneral Aggr6grila: Each'Occurrence Limit $1,000,000 Personal and. Advertising Injury Limit Amendment of Limits Endorsonf nt Fire Damage Limit $100.000' Motliral Payments Limit $10,000 FORMS &'ENDORSEMENTS ATTACHED TO THIS POLICY AT TIME OF ISSUE; See Attached Extension of Declarations, Form 11 CVkDEC-EX TOTAL, ADVANCE PREMIUM SUBJECT TO AVDIT'PREMIUM $7,584,00 ADJUSTMENT 75.00 Processing Fee "This Insurance Is Issued pursuant to the CA Insurance: Code, Suctions 1760 through 1760, and is placed In -an Insurer or insurers- not holding a Certificate of Authority franc or regulated by tho California Int uranee'Commissioner." IMPORTANT! Please carefully oxanllnc' your pollcy as It play contain significant coverage h7odifications or oxcluslons. If this; policy Is a renewal, it rney not contain`tiro sarno precise terms and conditions Os'th'o prior poilcy NOTICE. IN ORDER To PnwRVE YOUR RiGHrs UNDER THIS POLICY ALL CLAIMS MUST BE REPORTED wMEDIAray TO CovorX Corporation P.O. Rox50.g6 Southfield, M148086 Photie. 248-358-da10 Fax. 246•357-506 7584.01 200.00 75.00 229".7! 17.2' a i o 6 o0. DAM, EG-g030(?G030( CVX-177106) CgUhlcf6l{jneU0yAU11lUrizpdRcprdtcptalit!e:_�,� pp��++ This supersedes and corrects DATE(MhtR)DI5'YYY) / �, � M�t � BINDERBinder B09090202347 09/02/2009 THIS BINDER IS,A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM AOENCY COMPANY PINDERA Ixzo Insurance Services, Inc. Hanover Insurance Group U09090202348 7234 W. North Avenue _m_.__w__-- _� �.::17 _ OATS EFFECTIVE Tf E 77 GXF�IRA71C?td Elmwood Park, IL E0707-4200 XE M X IZ01Ahl t38/28/2009 12:OY1 09/2$2009 � NOpN P2,1 ��(708) 452-1700� w(I � U8�452PY777 — TEIISiNfIDrRls16,9UEOTOEXTCNUCOVtf?AcCIlRT"E:A80VCrtA&IC-0mMPAW PER EXPIRING POLICY Ir' CODES SUIT CODE! AG CUSTNCY 90031.390 DESCRIPTION Of' OPERATIONSNEHICLESIPROOERTY(includingLaca iony INSURES! 7.D, Hicks & Associates Inc. Security Guard operations 1681 Tiburon Blvd. Suite B Tiburon, CA 94920 COVERAGES LIfdIT � w 7YAEOFINSURA14C � COV„OWFORMS _MdUCIIBLE COINS% AMOUNT ate; PROPCRIY CAUSESOFLOSS BASIC 0 BROAD ElSPEC GENERAL LIABILITY EACH OxCVRRLNCC S [7AMA�i@ 70 COMMERCIAL GENERALLIAD1LITY �i%ELEREEv115E#} S .. CLAIMS M AI>C I _. OCCUR MED (Ant PCRSC7NAL & ADV 1fJJURY S RETRO GATE FOR CL IhME MADRc PRODUCTS - GOMPOP AGO S AUTOMOBILE LIABILITY COJhB€tJEGSEN L1Et�iMIT � 5 .„. ANY AUTO BQpIt Y iMJUFiY lPr pblsan S e ALL OVINEG AUTOS BODILY iN,IURY ar at iden w,. _5.. _ SGf9E.CULED AUTOS .0„, ERTr U�MAG w$ HREO AUTOS. - - LEOCAl PA"YI MTS Nohl Mrn?D AUTOS Pt �iacQN+�LJb R -ER _— !?+7T6RIST -AUTO PHYSICAL DAMAGE i)ELiU4;Tlf�.,>=.... ..�, ACL:VEWiC(,ES $ta�EWt;EGVEIII S: -. - COLU KSAt: a i�aT Q.e%?OUk( _ $ OTHER THAtj ML OTHER E LIABILITY 91II SILL i E1STFiT S �_. ®. ANY AUTO 9lklflAdlli40S?l�a� EXCESS LIASIL17Y UMBRELLA FORM AGLiE CGLiE � & ,...._,. -W,(' 5.TAVUbQaY L16I1T5 -- WORKER'S COMPENSVION AND EMPLOY8R1$LIA0ILITY E1._I?1uEi1aE.:.Liti;Etd i EE _S SPECIAL CONDITIONsf Third Marty "Blanket" Fidelity Bond OTHER COVERAGES Limit: 1-,000,000. Deductible: $10;,000'. TA7SEu ,.: This Company binds the kind(s) of insurance stipulated on the reverse side, The Insurance is subject to the terms, conditions and limitations of the policy(ies) In current use by the. Company. This binder may be cancelled by'ths Insured by surrender of, this binder or bywritten'nbtice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a'policy, If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company., Applicable in California When this form is used to provide insurance in the amount of one.million dollars ($1,000,000) or more, the title; of the form is changed from "Insurance Binder" to "Cover Note", Applicable in Colorado With respect to binders issued to renters of residential premises, homeowners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from :the effective date of coverage, to evaluate the issuance of the insurance policy, Applicalble In Delaware The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a lien on real property shall accept as evidence of Insurance a written binder issued by an authorized Insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; this name and address of the lender as loss payee; a description of the Insured real property; a provision that the binder may not be canceled within the term of the binder unless the tender and the insured'borrower receive written notice of the cancel- lation at least ten (10) days.prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full.amount of the applicable premium, and the amount of insurance coverage, Chapter 21 Title 25'Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage,; no notice of cancellation or nonrenewal of a binder is required, unless the duration of the binder exceeds 50 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder In the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000,00 when, proof Is; required: (A), Shall be fined not more than $500,00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2004109) Best's Ratizig Center - Company Ynfoltmation for First Mercury Insurance Company i?a& 1 of 1 Ratings & AnalysisCenter - United SUAtra Asia Padfiic, - Oamada EEuropo - About Contact ..Saloom ifg1A[raS $ Ar➢mlyals v - E4tnkt .fi"tsC'MIAnati,r, .'cs_famernE+rml`0iF.lzat.Mstcu P.dt+tdnis.puoa Fir'stllferew),InsuranceCompany t FormGngs anti producl access r Alioemt QucR . 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Bast'sBxacutivoSummary Roports(Financial 0> rurvlow)•avd3aticinthroe vamions,lh - * : Presentation B)yia rnp>art+t f031UIp tA7laattYt ati(nih It7€`Oltte 6taldtTS,CnI, [,�^ (iridita'il-kt �3nrfomUlnGR 105t&. .; including prolltaG011y, liquidity anal rean(vo nnatysise 'e Data StaBrs: 2009 BOsfSStalrnhm t File PA US.. 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The policy lilnils shown for an auto may riot be combined with the limits forthe same coverage on anotherauta unless the policy contratr;allows the =s.acking;of limits. The polity contract is form 6912(03105). The contract, is modified by forms Z435 (12/06), _2852CA (69/06), 4757 (03/05); 43520 0010,1), 4881CA (12104), Z228 (07/05) and 5701"(02/05) The -named insured' organization type -is a sole prop, rietof5 hip; outline ;of coverage �e;enRuon omits deductible fhemium uatrflity To Others $4,1.56 Bodily infury,and Fropeity Damage Liability $1,000,000 Combined single limit Uninsured/Undennsured Mntonst D$1000 000 combned single lunit 7.78 „c .. ... Uninsured Motorist Property arnagRe ected Medical Faymt tits $5 000 each person' 1Q Subtotal policy premium $5 076 00 ............... :... GalitOrnra Vnhicli Assessment fee 5.60 Total 12 month policy pretnium $5,079 60 Discount if paid in full 6 00 Total 12 inot th policy pretniuni if paid in full $4,863,6tt Important information about fees Ai rista8fnent fee�of $5,00 has been included in each payment. You',tmay avpi'd pay! rig, -add! donal instal Imerit fees by paying your remaining;balance:in full. by fhe due date. You may reduce the amount you pay in installment fees by paying your premium in larger atmounts,and fewer nstallmeMS. Please call your agent for details': Thefollowing additional fees may apply: Low, payment fee $5,00 Fee for returned checks or refused payments $20,00 LIGHT & POWER DEPARTMENT Dona1.O' Callaghan, Director of Light & Power Mr. J.D. Hicks May 19, 2010 President J.D. Hicks & Associates Detective Agency 1681, Tiburon Boulevard Suite B Tiburon, Ca 94920 Phone-4L5)_435-3626 _ Fax No. (415) 435-3716 Re: Notice of Termination Dear Mr. Hicks, This letter is in reference of the Professional Service Agreement that was executed on August 15, 2009 per Resolution No 10,038 approved on August 11, 2009. We wish to inform you that according to the section 8 clause 8.1 of the service agreement mention above, we wish to terminate the Professional Service Agreement. Please accept this letter as our formal notice to you that we will be terminating the Agreement effective August 15, 2010. I would like to personally thank you for all the services you performed on behalf of the City Very truly yours, C)bohal O' Callrai Director of Light & Power DO:jv Cc: Project Control Document Control 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1425 EXcCusive y Zn6striaf Transmittal Number: 297 UP 90.2 City of Vernon TRANSMITTAL Light & Power Department LETTER 4305 Santa Fe Avenue, Vernon, CA 90058 Tel.: 323-583-8811, Ext. 561 Fax: 323-826-1425 FROM: Light & Power Department I DATE: 5/20/10 1 ATTN: Mr. J.D.Hicks J.D.Hicks & Associates Detective Agency TO: President 1681 Tiburon Boulevard, Suite B Tiburon, CA 94920 C: _For Your .___fie Follown Herewith ----- -- - - -- ❑ Under Separate Cover Transmitted Via ❑ Approval ❑ Specifications ❑ Fax Number: ❑ Review and Comment ❑ Submittals ❑ Overnight Service : 8630 5714 3012 ❑ Distribution as Indicated ❑ Drawings ❑ US Mail: ❑ Information Only ® Close -Out Documents ❑ Per Your Instructions: ® Use/File ❑ Computer Files ❑ Hand Delivered ❑ Action: ❑ Documents ❑ Contract Documents ❑ Other: ❑ Other: Copies Description 1 Notice of Termination COMMENTS Transmitted From: Tania Tolmasoff 4305 Santa Fe Avenue, Vernon, CA 90058 Tel.: 323-583-8811, Ext 859 Fax: 323-826-1425 Copies To: File: Transmittals / 90.2 L&P Project Controls �v���liS!e�Slglrl���ite,a��,et�n all L AND RETAIN THIS COP-Y,,.4,EFORE AFFIXING TO THE PACKAGE. 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