Loading...
HomeMy WebLinkAboutUniversal Protection Services, LP, DBA Allied Universal Security Services - 2020-01-01 ,00IN 2000 Main Street, Huntington Beach,CA -�� � � 92648 City of Huntington Beach APPROVED 7-0 tiv y_ti ,.:,2 i File #: 24-192 MEETING DATE: 3/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Lt:Thoby Archer and Ingrid Ono, Executive Assistant Subject: Approve Amendment No. 2 authorizing a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services (UASS) for street sweeping parking enforcement services Statement of Issue: In 2019, Council approved a three-year contract with Allied Universal Security Services to outsource the City's street sweeping parking enforcement. This contract was awarded through a competitive bid process. The contract allows for two (2) one-year extensions to continue services, the first of which was exercised in 2023. Based on Allied Universal Security Services' (Allied) performance, staff recommends approving a contract extension for one additional year through 2024. Financial Impact: The cost of the initial three years of the City's contract with Allied was $362,000, $373,000, and $384,000 for a total of$1,119,000. The first one-year extension with a CPI adjustment was $399,272.14. The final, proposed one-year contract extension with CPI adjustment will cost $411,269.45. The additional sum shall be added to the current contract amount of$1,518,272.14, for a new total contract amount not to exceed $1,929,541.59. Funding for these services is included in the FY 2023-24 budget, and no additional funding is requested. It should be noted separately that in 2023, Allied contractors wrote over 38,000 citations, resulting in over $1.7 million in fines assessed. Recommended Action: Approve and authorize "Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" not to exceed $411,269.45 for the next calendar year; and City of Huntington Beach Page 1 of 2 Printed on 3/13/2024 powereali LegistarTM File #: 24-192 MEETING DATE: 3/19/2024 authorize the Mayor and City Clerk to execute the attached contract. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The City's agreement with Allied for street sweeping parking enforcement services has allowed the Police Department to replace five parking control officer positions and decommission three parking control vehicles and maintenance. By contracting for these services, the Police Department was able to realize cost savings while also increasing the reliability of street sweeping enforcement in the City. As such, staff recommends extending the service agreement with Allied for an additional one-year period and increasing the contract amount by $411,269.45. This Amendment No. 2 will extend the agreement through December 31, 2024. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Amendment No. 2 2. Original RCA (19-967) and contract 3. Certificate of Insurance 4. 6-Supplemental Communications 2/2o City of Huntington Beach Page 2 of 2 Printed on 3/13/2024 poweretag LegistarTM AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICE,LP DBA ALLIED UNIVERSAL SECURITY SERVICES(AUSS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as"City,"and UNIVERSAL PROTECTION SERVICE,LP a California limited partnership DBA ALLIED UNIVERSAL SECURITY SERVICES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 1, 2020, entitled "Service Agreement Between the City of Huntington Beach and Universal Protection Service,LP dba Allied Universal Security Services(AUSS)"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement,City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Four Hundred Eleven Thousand Two Hundred Sixty Nine Dollars and Forty Five Cents($411,269.45). The additional sum shall be added to the original sum of One Million Five Hundred Eighteen Thousand Two Hundred Seventy Two Dollars and Fourteen Cents($1,518,272.14), for a new contract 23-13806/324324 1 amount not to exceed One Million Nine Hundred Twenty Nine 'Thousand Five Hundred Forty One Dollars and Fifty Nine Cents ($1,929,541.59). 2. TERM The term of the Agreement is extended for one additional year until December 31, 2024. 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on_t4 h i k- ,_,2024. UNIVERSAL PROTECTION SERVICE,LP CITY OF HUNTINGTON BEACH, a DBA ALLIED UNIVERSAL SECURITY municip• core•ration of the State of SERVICES (AUSS) Californt. "A By; �E: L • a.tp b Mayor print name f ITS: (circle one) Chairma Presider ice President 217'0`0(✓ 9-61-444-14A41 City Clerk 3/22 A INI l•I✓D A PPR ED: By: ,ice itp" 3ra.4 d-h ( print name Chief of Police ITS: cle one)SccretariChicf Financial Officer/ sst.Secretary-Treasurer APPROVED ' " 'O FORM: 71SWe,c—E A ROVED: (7?( ity Manager t Y Attorney 23-13806/32,1324 2 • • SECURITY BUDGET City of Huntington Beach 2000 Main Street Huntin!on Beach.CA 92648 Monday. January 1 2024 ti 1. REQUIREMENT: Provide unarmed, uniformed professional security officers who are capable of exercising good judgment, will be highly visible at all times, deter crime, and perform other duties as outlined by the client. 2. SCHEDULE: SHIFT FRI SAT SUN MON TUE WED THUR 0730-1600(Patrol Officer) 4 Officers NIA N A 4 Officers 4 Officers 14 Officers 4 Oicers 0730-1600 +Sucervlsorj 1 Officer N/A NIA 1 Officer 1 Officer 1 Officer 1 Officer >4 3. BUDGET ESTIMATE: WEEKLY HOLIDAY& WAGE STAFF POSITION HOURS BILL RATE OT RATE MONTHLY ANNUALLY RATE 17y Patrol Office' '.50 S36.33 $54.49 525,497.63 $305.973.92 S17.98 Patrol Supervisor 40 $50.01 $75.01 58.774.63 $105295.53 324.73 Sub Total( Labor) 200 $ 34,272.45 $411,269.45 Notes: a; Extra coverage and specials are billed at an agreed upon hourly rate not to be less than the hoddaylO.T.rate. b3 Asa result of CaWomia paid sick leave I aw(AB 1522)that o effective July 1.2015,al costs associated with the taw will he billed as incurred. c) Allied Universal may bill any costs incurred as a rests of change in federal,state,or local legiseation or taxes. 6. HOLIDAYS: Allied Universal recognizes the following holidays. Security officers working on these days will be paid time and one-half. Client will be billed at the overtime rate/holiday rate for those days. New Years Day President's Day Memorial Day Su ity INSURANCE AND INDEMNIFICATION WAIVER 111 MODIFICATION REQUEST 1. Requested: Risk Management 2. Date: February 1, 2024 3. Name of contractor/permittee: Allied Universal Topco, LLc 4. Description of work to be performed: Street Sweeping Enforcement 5. Value and length of contract: $1,119,000— (1) Year Term 6. Waiver/modification request: $1.75 Million SIR on General Liability 7. Reason for request and why it should be granted: We do not allow SIR. Please see attached financial statement. 8. Identify the risks to the C,ityin pa pr ing this waiver/modification:Low Department Head Signature Date: APPROVALS Approvals must be,obtained in the order listed,on this form. Two approvals are required for a request to be:granted. Approval from the.City Administrator's Office is only required if Risk Management;and the City Attorney's Off disagree. 1. Risk anagement c i Approved ❑ Denied /4.1,644-'''' Si• ature Date 2. City Attorney's Office Approved ❑ Denied � �'f 8 G; Signature Date 3. City Manager's Office ❑ Approved ❑ Denie• Signature Date If approved,the completed waiver/modification request is to be submitted to the. City Attorney's Office along with the contract for approval Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources RISK l}gf.FE8 t`2411410:28 218 1nL.:....r�..... :.;.,.,.. ',pi 1011OA A.4A.AA OKA A`� DATE(MMIDDJYYYY) CERTIFICATE OF LIABILITY INSURANCE 01/23/2024 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 endorsement(s). PRODUCER CONTACT Marsh I U.S.Operations MARSH USA LLC 1717 Arch Street PHONE No.ExD: 866-966-0664 FAX Nol: Philadelphia,PA 19103 Ai b55: Philadelphia.Certs@marsh.com Attn:Philadelphia.certs@marsh.com/Fax:(212)948-0360 INSURER(S)AFFORDING COVERAGE NAIC A CN118025105_ALL-STAND-24-25 INSURER A:Indian Harbor Insurance Company 36940 INSURED - INSURER a:Greenwich Insurance Company 22322 Allied Universal Topco,LLC (See Attached for Additional Named Insureds) INSURER C:XL Insurance America 24554 161 Washington Street,Suite 600 INSURER o:Indemnity Insurance Company of North America 43575 Conshohocken,PA 19428 INSURER E:XL Specialty Insurance Company 37885 INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006502213-24 REVISION NUMBER: 11 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD MD POUCYNUMBER (MMIDDIWYY) (MMIDDIYTYY) A X COMMERCIAL GENERALUABIUTY RES943799404 01/01/2024 01/01/2025 EACH OCCURRENCE $ 3000,000 CLAIMS-MADE X OCCUR PREMISES Ea occur encel $ 30,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) S X SIR$1,750,000 PERSONAL&ADV INJURY $ 30,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 55,000,000 X POLICY n jEC n LOC PRODUCTS-COMP/OP AGG $ 55,000,000 OTHER: $ B AUTOMOBILE LIABILITY RA0943781807 01/01/2024 01101/2025 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY ^ AUTOS ONLY (Per accident) S D UMBRELLA LIAB X OCCUR XSM G72500027004 01/01/2024 01/01/2025 EACH OCCURRENCE S 10,000,000 X EXCESS LIAB CLAIMS-MADE Excess of General Uablity, AGGREGATE $ 10,000,000 DED RETENTIONS Auto Liability,and Workers'Comp $ C WORKERS COMPENSATION RW0300120308(AOS) 01/01/2024 01/01/2025 X PER STATUTE ETH AND EMPLOYERS'LIABILITY R C ANYPROPWETORIPARTNEFLEXECUTNE YIN RWR300120408(WI) 01/01/2024 01/01/2025 1,000,000 E OFFICER/MEMBEREXCLUDED? N NIA E.L.EACH ACCIDENT $ (Mandatory In NH) RWE943548208(CA,OH) 01/01/2024 01/01/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ A Professional Liability RES943799404 01/01/2024 01/01/2025 Claim 2,000,000 SIR:51,750.000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its officers,elected or appointed officials,employees.agents,and volunteers are induded as eddilional Insured(except workers'compensation and crime)where required by written contract.Liability coverage shall be primary and non-contributory where required by written contract.Waiver of subrogation Is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:DavldDereszynsld THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 219 AGENCY CUSTOMER ID: CN118025105 LOC#: Philadelphia AR I ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Workers'Compensation Pdicy No,:RWE94354 8208 Insurer.XL Specialty Insurance Company Effective Dates: -1/112025 Unit: Employers Liability Each Accident:$1,000,000 Employers Liability Disease-Policy LmiL 51,000,000 Employers Liability Disease-Each Employee;$1,000,000 • SIR:$1,000,000 Crime Policy No.:03-824-02-02 Insurer.National Union Fire Insurance Co. Effective Dates:0811 5/20 23-0811 5/2 024 Limit: Employee Thell or Dishonesty:$2,000,000 Clients'Property,$2,000,000 Deductible:$750,000 Contractors Pollution Liability Policy No.:CP013303734 Insurer Commerce and Industry Insurance Company Effective Dates:01/01/2024-01101/2026 Limit:5,000,000 Deductible:$250,000 The General Liability and Professional Liability policies evidenced above share in the limits shown.The Omits do not apply separately to the individual coverages ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 220 Waiver Procedure To request a waiver,indicate here and provide a brief description(1 —2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount, use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.), Waiver Requested: 5 .R. L i tit l Encroachment Permit[] Private Property Work Permit[ Consultant ServicesD Other: ,r- Proposed Work: g iOv4Br- erf G t=Qpc.„-`mr,,n—A-egvt TO p,,loroa t iin ?-'f it /o ( MI i.EsaP Mo.sp-., Dollar Value: ProjcctedTimcframe; f4t2 ADk� ritt4� -7o�F'1 7 N PM 221 ENDORSEMENT#181 This endorsement, effective on 01/01/2024 at 12:01 A.M.standard time,forms a part of Policy No.RES943799404 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (Based on CG2026 04/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional insured Person(s)or Organizations) City of Huntington Beach,its officers,elected or appointed officials,employees agents and volunteers 200 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section 1I-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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations;or 2. In connection with your premises owned by or rented to you. 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. B. 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: MANUS @ 2024 X.L.America Inc.All Rights Reserved May not be copied without permission includes copyrighted material of Insurance Sendces Office,Inc with Its permission 222 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. All other terms and conditions of the policy remain the same. MANUS @ 2024 X.L America Inc.All Rights Reserved May not be copied without permission includes copyrighted matertalof Insurance Services office,Inc with its permission 223 ENDORSEMENT#t0S0 This endorsement,effective on 01/0.1/2024 at 12:01 A.M.standard time,forms a part of Policy No;RES943799404 of the.INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES.THE POLICY: PLEASE READ IT CAREFULLY. ADDITIONAL INSURED .DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.SECTION II-Who Is an Insured is amended to include as an additional insured a person(s)or organization(s),who is required to be added by written contract or writtenagreement which does not require that a specific form number be used. B.The insurance provided to additional insureds applies only to"bodily injury","property damage", "professional liability"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;or"your work"performed for that additional insured and included in the"products-completed operations hazard" 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. 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 theepplicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. MANUS @ 2024 X.L.America Inc.Ali Rights Reserved May not be.Copied without permission Includes copyrighted material of insurance Services Office,Inc.with its permission 224 D.The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim. 2. We receive written notice of a claim or"suit"as soon as practicable and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured also has rights an insured or additional insured. E..This insurance is primary to and will not seek contribution from:any other insurance available to an additional insured under your policy provided that 1. The additional insured is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain as written. MAN US @ 2024 X.L.Amerka Inc.All Rights Reserved May not be copied without permission Includes copyrighted material of insurance services Office,Inc with its permission 225 ENDORSEMENT t1024 This endorsement, effective on 01/01/2024 at 12:01 A.M. standard time,forms a part of Policy No. RES943799404 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER.OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of person or Organization: Where required by written contract. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard."This waived applies only to the person or organization shown in the Schedule above. All other terms and conditions remain as written. MANUS @2024 X.I..America Inc.All Rights Reserved May not he copied without permission Includes copyrighted material of Insurance Services Office,Inc.with its permission 226 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. • 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 01-01-2024 Policy No. RWD3001203-08 Endorsement No. Insured Allied Universal Topco, LLC Insurance Company Countersigned by _ XL Insurance America,Inc. WC 00 03 13 (Ed.4-84) 1983 National Council on Compensation Insurance. 227 • POLICY NUMBER: RAD943781807 XIC 414 1013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ' MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Schedule Additional Insured(s) Work Any person or organization you have agreed to All Operations include as an additional Insured under written contract,provided such contract was executed prior to the date of loss. COVERED AUTOS LIABILITY COVERAGE,Who Is An Insured, is amended to include as an"insured"the'person or organization listed in the Schedule above, but only with respect to liability for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered"auto"with your permission; in the performance of your work as described in the Schedule above. In no event shall any person or organization listed in the Schedule become an"insured"pursuant to this Endorsement if such person or organization is solely negligent. IT IS FURINER AGREED THAT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES OR EXCLUSIONS SET FORTH IN THIS POLICY. • All other terms and conditions of this policy remain unchanged. XIC 414 1013 ©2013 XL.America, Inc. All Rights Reserved. Page 1 of 1 VHAR 12/02/2019 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 228 POLICY NUMBER: RAD943781807 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: January 1,2024 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown In the Schedule, but only to the extent that subrogation is waived prior to the"accident" or the "loss" under a contract with that person or organization. CA 044410 13 ©Insurance Services Office, Inc.,2011 Page 1 229 46\p,1INGT � -----; F! F�°ti City of Huntington Beach i <<\ ; 2000 Main Street ♦ Huntington Beach, CA 92648 _ - ' (714) 536-5227 • www.huntingtonbeachca.gov : � �cF : ''°"°'-A' �` ot Office of the City Clerk UUNT" 0s,, # Robin Estanislau, City Clerk March 25, 2024 Universal Protection Services, LP DBA Allied Universal Security Services Attn: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 Dear Mr. Clayton: Enclosed is a fully executed copy of Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Service, LP DBA Allied Universal Security Services (AUSS) for Street Sweeping Enforcement Services, approved by City • Council on March 19, 2024. Sincerely, 0401, 9,141/14a4J Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan • ° CITY OF HUNTINGTON BEACH 4 '4z ) POLICE DEPARTMENT COMMUNICATION TO: City Council FROM: Bo Svendsbo, Police Captain )4:IA4-- DATE: February 15, 2024 SUBJECT: City Council Agenda 2/20/24 The Police Department requests item #18 (RCA 24-103) be withdrawn from the agenda. This item requires additional work before submitting for approval. We anticipate putting it back on the agenda for the March 5, 2024, council meeting. SUPPLEMENTAL - . COMMUNICATION 2/20/2024 Meeting[fie: 18 (24-1031 Agenda Item No.;_ 230 eta1iNGTo 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach �'z ITEM WITHDRAWN FROM m r CONSIDERATION cowl rY- File #: 24-103 MEETING DATE: 2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Lt. Thoby Archer and Ingrid Ono Subiect: Approve and authorize a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services (UASS) for street sweeping parking enforcement services Statement of Issue: In 2019, Council approved a three-year contract with Allied Universal Security Services to outsource the City's street sweeping parking enforcement. This contract was awarded through a competitive bid process. The current contract allows for two (2) one-year extensions to continue services, the first of which was exercised. Based on Allied Universal Security Services' (Allied) performance, staff recommends approving a contract extension for one additional year. Financial Impact: The cost of the initial three years of the City's contract with Allied was $362,000, $373,000, and $384,000 for a total of $1,119,000. A CPI adjustment of $399,272.14 was approved for the first one- year extension. A CPI adjustment for the final one-year contract extension will cost $411,269.45. The additional sum shall be added to the current contract amount of $1,518,272.14, for a new total contract amount not to exceed $1,929,541.59. Funding for these services is included in the FY 2023- 24 budget, and no additional funding is requested. Recommended Action: Approve and authorize "Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" not to exceed $411,269.45 for the next calendar year; and authorize the Mayor and City Clerk to execute the attached contract. Alternative Action(s): NO ACTION TAKEN City of Huntington Beach Page 1 of 2 Printed on 2/14/2024 powereelli LegistarTM File #: 24-103 MEETING DATE: 2/20/2024 Do not approve and direct staff accordingly. Analysis: The City's agreement with Allied for street sweeping parking enforcement services has allowed the Police Department to replace five parking control officer positions and decommission three parking control vehicles and maintenance. By contracting for these services, the Police Department was able to realize cost savings while also increasing the reliability of street sweeping enforcement in the City. As such, staff recommends extending the service agreement with Allied for an additional one-year period and increasing the contract amount by $411,269.45. This Amendment No. 2 will extend the agreement through December 31, 2025. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Original RCA (19-967) and contract 2. Amendment No. 1 3. Amendment No. 2 4. Certificate of Insurance NO ACTION TAKEN City of Huntington Beach Page 2 of 2 Printed on 2/14/2024 po ere50g LegistarTM City Council/ ACTION AGENDA February 20,2024 Public Financing Authority 18. 24-103 ITEM WITHDRAWN FROM CONSIDERATION , 19. 24-083 Approved and accepted the California Office of Emergency Services (Cal OES)Violence Against Women Act Grant(LE23 07 6860); authorized the Chief of Police to execute documents; approved appropriations and contract Amendment No. 3 with Waymakers in the amount of$116,032 for continued management of the Victim and Witness Assistance Services Program Recommended Action: A) Accept the grant between the State of California, Governor's Office of Emergency Services (Cal OES) and the City of Huntington Beach; B) Assign authority to the Chief of Police as the official to execute and sign for the award and to approve amendments and extensions; C) Approve the appropriation and expenditure of $270,857 of which $203,143 is to be fully reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from appropriations in the Police Department's budget; and D) Approve and authorize "Amendment No. 3 to Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services." Approved 6-0-1 (McKeon-Absent) Public Works 20. 24-079 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with R.J. Noble Company in the amount of$4,044,900 for the Residential Zone 1 Street Maintenance Project, CC-1743 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the amount of$4,044,900; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Approved 6-0-1 (McKeon-Absent) 7 AP" ttat) /WIT 1 to, '14%,`r'%:74i"; thrlOtiti 71-.5 City of Huntington Beach o File #: 19-967 MEETING DATE: 11/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Statement of Issue: Street sweeping is helpful in reducing pollution, removing debris, preventing clogs in storm drains, and improving street appearance on our 1,121 miles of mostly residential and commercial streets-. It is important that street sweeping and its related enforcement component is efficient and effective, Low staffing levels and other factors have contributed to less than full enforcement. Outsourcing street sweeping enforcement will increase the number of citations written and provide full time employees the opportunity to serve the citizens in other important capacities, In July of 2019, a Request for Proposal (RFP) was advertised for street sweeping enforcement services. Ten companies submitted proposals prior to the August deadline. Proposals were independently reviewed by an Evaluation Committee consisting of City staff from various Departments. The proposals were reviewed using standardized criteria As a result of this process, four companies were identified as being able to meet the needs of the City. These four companies Were invited to participate in an in-person interview to further discuss the proposal. The same Evaluation Committee sat on this panel and evaluated the companies. From this process, the City contacted references provided by the top two ranked companies. Based on the Evaluation Committees' analysis of the RFP proposals, the in-person interviews, and a references check, Allied, Universal Security Services was determined to be the most qualified company which met all of the requirements to provide high quality street sweeping enforcement services to the City of Huntington Beach. Allied Universal Security Services is a well-established and professional company who is experienced in street sweeping enforcetnent. They have performed street sweeping enforcement duties for other Orange County cities and they will bring innovative ideas to the City through the use of technology and data analysis. Financial Impact: City of Huntington Beach Page t of 3 Printed on 1 moms myek(24A Legistar'm • File #: 19-967 MEETING DATE: 1 171 8/201 9 Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is $362,000 for year 1, $373,000 for year 2, and $384,000 for year 3. Sufficient appropriations are budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted accordingly. With an approved service agreement, the annual cost savings will be approximately $117,000. This savings will be realized with the defunding of five (5) parking enforcement officer positions and decommissioning of three (3) vehicles. Any increase to revenue is unknown at this time. Recommended Action: • Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: It is important that street sweeping enforcement is efficient and effective. Our Parking Control Officer's (PCO) are often pulled from street sweeping enforcement duties due to other priority calls for service and citizen complaints. With increased housing, more community events, homeless issues, recreational vehicle parking complaints, and inconsistent street sweeping enforcement, it becomes even more important that the City find ways to improve the reliability of street sweeping enforcement. By contracting with a private company, the City can redirect existing personnel and resources to handle quality of life issues, citizen complaints, and other community priorities. Based on a thorough evaluation of all proposals, and a review of the cost for services for maintaining in-house street sweeping enforcement, it was determined the proposal submitted by Allied Universal Security Services .represents the best value to the City. The initial annual cost for services is $362,000, which represents a significant one-time and annual cost savings when compared to maintaining the services in-house. The annual cost in the two subsequent years is anticipated to be approximately $373,000 and $384,000 respectively. The contracted company will be driving fuel-efficient vehicles which will be branded to match the existing fleet. Allied Universal will use improved technology and analytics to more effectively monitor their employees and street sweeping enforcement efforts. This will lead to positive outcomes for the City and the community by further supporting Department and City strategic goals. The Huntington Beach Police Department has met with Allied Universal Security Services leadership and outlined the street sweeping enforcement route information as well as the expectations of the City to improve street sweeping enforcement services while improving customer service. Allied Universal Security Services has clearly demonstrated their ability and commitment to meet the City's expectations with their written proposal as well as during the interview process. City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 poweNC/Legistar TM File #: 19-967 MEETING DATE: 11/18/2019 No city staff will be laid off as a result of the outsourcing. It is recommended the City Council award a service agreement to Allied Universal Security Services for City-wide street sweeping enforcement services for a not to exceed amount of$1,119,000 for three (3) years. Environmental Status: Not applicable. • Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Contract with Universal Protection Services, LP, DBA Allied Universal Security Services 2. Proposed Contract Exhibit A • 3. Proposed Contract Exhibit B City of Huntington Beach Page 3 of 3 Printed on 11/13/2019 power Legistar"4 CITY OF HUNTINGTON BEACH POLICE DEPARTMENT COMMUNICATION TO: City Council FROM: Bo Svendsbo, Police Captain DATE: February 15,.-2024 SUBJECT: City Council Agenda 2/20/24 The Police.Department requests item#18 (RCA 24403)be withdrawn from the agenda. This item requires additional work before submitting for approval. We anticipate putting it back on the agenda for the March 5, 2024, council meeting.. SUPPLEMENTAL COMMUNICATION 2/20/2024 Mos*Mk 18 (24-103) Agenda Item No.; City Council/ ACTION AGENDA November 18,2019 Public Financing Authority Recommended Action: A) Approve an additional appropriation of$150,000 for Fire Prevention inspection, plan check and environmental engineering services as these expenditures are primarily cost-neutral and generally offset by reimbursements from developers and revenues generated from inspection and plan review services; and; B) Increase the Fire Department's professional services authority by$150,000 to ensure compliance with Administration Regulation No. 228. Approved 7-0 14. 19-967 Approved contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS)for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term;and authorize the City Manager to execute the attached contract. Approved 7-0 as amended to document defunding of five(5),parking enforcement officer positions return to Council in six months with an update on enforcement { 15. 19-1038 Approved First Amendment to Lease between the City and Kokomo's Surfside Grill, Inc., for a Beach Food Concession at the Marine Safety Education Center and approved Consent to Assignment and Assumption of Lease for Kokomo's Concession Recommended Action: A) Approve and authorize the City Manager to execute the Consent to Assignment and Assumption of Lease Agreement for Kokomo's Concession; and B) Approve and authorize the City Manager to execute the First Amendment to Lease dated September 5, 2017 between the City of Huntington Beach and Kokomo's Surfside Grill, a California Corporation for a Beach Food Concession on the first floor level of the Marine Safety Education Center. Approved 7-0 16. 19-1129 Adopted Resolution 2019-11 approving a summary vacation of an easement over a portion of 13th Street and Crest Avenue; adopted Resolution 2019-77 declaring a strip of City-owned property as surplus property; approved Quitclaim Deed for ownership of easement and the agreement for sale of surplus real property between the City and Dawn and Naomi Shimoda; and, authorized recordation of resolutions and exhibits with the Orange County Page 4 of 8 506 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND • UNIVERSAL PROTECTION SERVICES,LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called"City,"and Universal Protection Services,LP DBA Allied Universal Security • Services(AUSS), a California corporation,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of street sweeping enforcement services. B. Contractor represents that Contractor is able and willing to provide such services • to the City. C. In undertaking the performance of this Agreement,Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington ;Beach Municipal Code Chapter 3.02. NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services • Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services • shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Steve Clayton,Regional President, Southwest Division(UASS),who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 19-8160/217547 1 507 3. Compensation a. City agrees to pay,and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement,shall not exceed Three Hundred Sixty Two Thousand Dollars ($362,000) during the first year of the contract, Three Hundred Seventy Three Thousand Dollars($373,000)during the second year of the contract,and Three Hundred Eighty Four Thousand Dollars($384,000)during the third year of the contract. During the life of the three(3)year contract,the cost is anticipated to not exceed One Million One Hundred Nineteen Thousand Dollars($1,119,000). b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term • Time is of the essence of this Agreement. The services of Contractor are to commence January 1, 2020,or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate January 1,2023,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. • In the event the Commencement Date precedes the Effective Date,Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work • In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder,including,without limitation,all original drawings,designs,reports,both field and office notices, calculations,computer code, language,date or programs,maps, memoranda,letters and other documents, shall belong to City,and Contractor shall turn these materials over to 19-8160/217547 2 508 City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless • Contractor hereby agrees to protect,defend,indemnify and hold harmless City, its officers, elected or appointed officials,employees,agents, and volunteers from and against any and all claims,damages,losses,expenses,judgments,demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property,arising directly or indirectly out of the obligations or operations • herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. S. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall • obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties,against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily _- 19-8160/217547 3 509 injury and property damage,including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees,agents,and volunteers as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. • Under no circumstances shall said above-mentioned insurance contain a self- • insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in 19-8160/217547 4 • 510 this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay,in a prompt and timely manner,the preminmc on the insurance hereinabove required. 12. Independent Contractor Contractor is,and shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense,and be responsible for any and all payment of all taxes,social security,state disability insurance compensation, • unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses,if any,in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services • specified under this Agreement. 14. Termination • This Agreement may be terminated by the City upon thirty(30)days written • notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. • 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City • and Contractor,and supersedes any and all other agreements,oral or written,between the parties. in the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements, 19-8160/217547 5 511 orally or otherwise,have been made by any party, or anyone acting on behalf of any • party,which are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor,Contractor may not assign,transfer, delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices,certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below, City and Contractor may designate different addresses to which subsequent • notices,certificates or other communications will be sent by notifying the other party via personal delivery,a reputable overnight carrier or U.S.certified U.S. certified mail-return • receipt requested: To City: Contractor: City of Huntington Beach Universal Protection Services,LP Attn: Lieutenant David Dereszynski DBA Allied Universal Security Services 2000 Main Street Attn: Steve Clayton Huntington Beach,CA 92648 1551 N.Tustin Ave., Suite 650 Santa Ana,CA 92869 19-8160/217547 6 512 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles,captions, section,paragraph and subject headings,and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions,and do not interpret,define,limit or • describe, or construe the intent of the parties or affect the construction or interpretation of • any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No-covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute,law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it, 19-8160/217547 7 513 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties • hereunder in order to achieve this result. In the furtherance of this,Contractor agrees,at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion,sex, marital status, sexual orientation,age, national origin,ancestry, or disability, as defined and prohibited by applicable law, in the recruitment,selection,training,utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity,interpretation,performance,and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19-8160/217547 8 514 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits,licenses, approvals,waivers,and exemptions. Said inability shall • be cause for termination of this Agreement, 30. Attorney's Fees • In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attomey's fees,such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California, 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises,agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation,inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 19-8160/217547 9 515 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agxeement. 35. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as • provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH,a Universal Protection Services,LP municipal corporation of the State of DBA Allied Universal Services California By: ayor j-l-r-r TA' Print name ITS: (circle one)Chairmanesidentil 440744intaO Vice President City Clerk /2/3114 )a AND By; INITIATED AND APPRO D: Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED A :3 FORM: <10:01,40000°' Awe City Attorney •Of r-4 VIE * AP OVEdi City Manager 19-8160/217547 I 0 516 EXHIBIT A 1. SCOPE OF PROJECT • I. CONTRACTOR QUALIFICATIONS CONTRACTOR must meet all of the following requirements,which may be waived only at CITY's sole and absolute discretion: Personnel Information The names and resumes of the principal officers,partners,and or officials shall be submitted to the City for review.The names(s)and resume(s)of the individual(s)who will be considered in responsible charge of the City of Huntington Beach street sweeping enforcement contract shall be clearly indicated. Parking Enforcement Officer's(PEO),including the Parking Enforcement Supervisor,must be capable of communicating effectively in English in order to communicate with City staff and residents,if needed. CONTRACTOR's drivers shall maintain safety and driving records in accordance with Federal, State,County,and City regulations. The names and years of experience of each PEO and backup personnel with copies of State of California Department of Motor Vehicles records are also to be submitted. PEO's must have at least three years of driving experience. PEOs' DMV record shall not have 2 or more violation points in a 12-month period.A DUI and Hit&Run each constitute 2 violation points(Vehicle code section 12810). PEOs shall be equipped with cellular phones. Operators shall be required to answer or return any cell phone calls within five minutes. Operators must adhere to California Senate Bill 1613 requiring the use of a hands-free device when using a cell phone while driving. Subcontractors • If applicable,the CONTRACTOR must include in their proposal complete identification of • all subcontractors,including business address,telephone number,point of contact and work to be performed. For subcontractors performing the work called out in this agreement,the same information requested of CONTRACTOR must also be provided for the subcontractor. Equipment • CONTRACTOR shall furnish five(5)primary street sweeping enforcement vehicles. Four (4)shall be for the Parking Enforcement Officers (PEO)and one(1) shall be for the supervising PEO. Each vehicle shall be no more than one-year-old at the time the contract begins and is good working order. It shall be branded in accordance with the agreed upon images, language,and markings. 1 • 517 EXHIBIT A CONTRACTOR must have sufficient back-up vehicles to perform services when primary • vehicles are unavailable due to repairs or maintenance. The equipment shall be sufficient to perform the work required herein during the hours specified.hi the event a primary street sweeping enforcement vehicle requires repair or replacement,a back-up vehicle must be available so that the established sweeping schedule does not fall behind.The successful CONTRACTOR shall be responsible for the repair, maintenance,and service of its street sweeping enforcement equipment. Existing Inventory CONTRACTOR must provide a detailed inventory of the CONTRACTOR's equipment and accessories that will be used to fulfill this contract. The inventory of the street sweeping enforcement vehicle equipment shall include the following: • Type,model/brand,year of manufacture, and the date the vehicle was acquired. • Service records for each vehicle with total number of miles and hours(miles • only,if vehicle is not equipped with an hour meter)each vehicle has been in service. • Anticipated remaining useful life as of the date of inventory. • Type and manufacturer of recording device for hour of operation,miles per hour,and Global Positioning System(GPS)tracking system. All initial vehicles used shall not exceed one(1)year in age. Age of vehicle shall be determined and verified by California Department of Motor Vehicle(DMV)registration. All vehicles shall be in"good" condition. A vehicle in good condition,on the whole,must not have any major flaws(no body damage). The interior and exterior must have very few,if • any,apparent dings,scratches,or defects, and the paint is still intact.The body of the vehicle should be rust-free or have very little rust.The tires must all match with little wear. Vehicles shall be subject to inspection by the Fleet Supervisor or his designee. The FIeet Supervisor or his designee reserves the right to require any corrections deemed necessary to reflect acceptable service standards. Vehicles must have means to monitor locations, speeds,hours of operation for reporting purposes. **"Refer to Track, Gather,and Provide Real-Time Data in this section." Vehicles shall have the City logo on the front driver and passenger doors,the Allied Universal logo on the rear driver-side and passenger-side doors,and have must include the phrase "Under contract with The City of Huntington Beach" in six-inch(6)letters on both sides of the vehicles. Final approval of signs must be granted by the Traffic/Special Events Unit Commander or his designee prior to use. 2 518 EXhIIBIT A Leased Equipment All leased equipment shall be listed separately with the same detailed existing inventory listing from the previous section;the time remaining on each vehicle's lease and options for renewal,where applicable,shall be stated. II. SCOPE OF WORK CONTRACTOR shall use and furnish, at the firm's own expense,all labor, equipment,and • materials necessary for the satisfactory performance of the street services set forth herein. The work to be performed under these specifications consist of providing street sweeping enforcement services for the City of Huntington Beach in pre-designated areas of the CITY • on CITY determined schedules and at CITY selected hours of each day of the week. Street Sweeping Enforcement Description • General—The service provider will provide street sweeping enforcement services to approximately 1,121 miles of mostly residential roadways. There are four(4) daily street sweeping routes,which take place between 8:00 am and 4:00 pm. Some routes have different start times and the CONTRACTOR will be provided with a detailed schedule by the CITY. During periods when there is no scheduled street sweeping(i.e. holidays,fifth weeks of the month),the PEO's will not be needed. The CITY will only be billed for services rendered. If services are not needed,the CITY will make our best efforts to provide 24 hour notice to the CONTRACTOR. In situations where this is not possible,or the CONTRACTOR reports for duty to find a full day of services is not needed,the CITY intends to utilize the PEO's for a minimum of four hours of work. During these periods,the PEO's will be tasked with patrolling on-street and off-street parking areas to enforce fire lane violations,disabled parking violations,scofflaw violations,report signage and markings deficiencies, or perform other mutually agreed upon tasks/enforcement. • Pre-designated areas consist of the following: • Various districts of residential local streets. • Various areas posted for one side sweeping per sweeping day within posted time frames. - 3 519 EXHIBIT A • Various areas of residential local streets posted for days of the week and at posted time frames. • Arterial Highways,Majors,Primaries,and Secondaries. • Curb and Gutter sides,curb and gutter medians,curb and gutter one side,i.e. perimeters. • Painted medians. • City parking lots. • • Commercial/Industrial areas. Pre-Determined Schedules Residential local streets shall be swept once per week or twice per month as directed, on various days of either 1st,2nd,3rd,or 4th week of the month. Posted residential locals have time frames in addition to the daily schedules that must be adhered to. Arterial median,painted median lanes,and intersections shall be swept in conjunction with Route 4,or as directed by the City. HI. GENERAL SPECIFICATIONS Holidays CONTRACTOR shall not provide street sweeping enforcement services on any of the following Holidays:New Year's Day,President's Day,Memorial Day,Independence Day, Labor Day,Thanksgiving,Friday after Thanksgiving,and Christmas Day. Street sweeping enforcement does still take place on Martin Luther King Day and Veteran's Day. Prior to commencement of contract work,agreement on days of make-up sweeping due to holidays shall be reached by comparing those recognized by the bargaining units of the City, CONTRACTOR's operators,and refuse disposal personnel. Those holidays that are the same in all three groups shall become the official list for this contract and shall be recorded as such by a letter to file. Sweeping Services Management Plan CONTRACTOR shall have a plan for ensuring all street sweeping routes are enforced. The Management Plan must include solutions that consider population growth,parked cars, refuse pickup services,etc. CONTRACTOR is encouraged to use the latest technological advances in their plan to achieve their management plan objectives.In order to give CONTRACTOR a more accurate idea of the scope of work,the approximate annual curb miles are as follows: 4 • 520 EXHIBIT A Residential Streets: 30,060 CM Arterial Streets: 700 CM Raised and Painted Medians: 1,030 CM Delays in Street Sweeping Enforcement In the event of inclement weather,CONTRACTOR shall not be required to perform regular scheduled street sweeping enforcement. CONTRACTOR shall,immediately upon direction from the Public Works Street Department Lead Worker or authorized designee, sweep any streets that become littered with storm debris or become impassable due to collected water. During inclement weather which prevents adherence to the regular sweeping schedule for two (2)or less days in a given week,the sweeping areas so affected by the weather shall be • swept within five(5) days of the scheduled sweeping without interruption of the regular sweeping schedule.The Maintenance Operations Manager or authorized designee reserves the right to determine what constitutes inclement weather. CONTRACTOR shall perform all extra work required by such inclement weather without additional charge and shall provide • CITY with a schedule of when the makeup sweeping will be completed. Track,Gather, and Provide Real-Time Data The selected vendor must have the ability to track, gather,and provide real-time data with the use of a GPS tracking system,or acceptable alternate system,for each PEO vehicle while performing services for the CITY.Real time access to GPS shall be provided to CITY. CITY will request a report,on an as-needed basis,that includes,but not limited to the following: a. Speed b. Direction c. Location on map d. Address e. Distance traveled The recorded data intervals must not exceed one(1)minute between records(Ping Rate equal to or less than one (1)minute)and the searchable records must be kept for a minimum of six (6)months. Communication CONTRACTOR shall provide equipment for two-way voice or text message communication • between the City of Huntington Beach and the individual sweepers. Contractor Response CONTRACTOR shall respond within 24 hours to requests or complaints from the CITY. Speed Limit of Street Sweeper Enforcement Vehicles 5 • 521 EXHIBIT A • Sweepers shall not operate above posted speed limits. • Street Sweeping Enforcement Complaints CONTRACTOR shall investigate any resident complaints that may concern or involve the performance of the PEO and their operation. CONTRACTOR shall report to the Traffic/Special Events Unit Commander or authorized designee on the following working day as to the action or procedure taken with reference to any complaints. • Storage of Equipment • The CITY shall provide five parking spaces at the Public Works-City Corporation Yard at 17371 Gothard St.for the storage of the CONTRACTOR vehicles during periods of non-use. While these vehicles are in use,the CITY will allow the CONTACTOR's employees to park their personal vehicles in this space. The CITY will provide a location for the CONTRACTOR to retrieve, store,charge,the hand-held ticket writing devices. • Courteous Operation CONTRACTOR shall perform street sweeping enforcement operations in a manner that causes a minimum inconvenience to the residents and businesses within the CITY. CONTRACTOR shall ensure that PEO's conduct their activities in a professional and courteous manner. Accident Reports CONTRACTOR shall provide a copy of a detailed written report of any and all accidents involving CONTRACTOR's vehicles,personnel and/or equipment while operating within the • City to the designated City representative within twenty-four(24)hours from the date and time of the accident. Said report shall include the date and time of the accident and a copy of any law enforcement reports or reference identification resulting from the accident. CONTRACTOR shall provide the name and contact information of CONTRACTOR's safety officer,including cell phone for emergency contact. Record Keeping CONTRACTOR shall maintain a daily log detailing enforcement areas each day,scheduled areas missed, date and time missed areas,reasons scheduled enforcement was not performed or completed as scheduled, and total citations/warnings written in the City of Huntington Beach. The report shall also specify the number and nature of complaints received,when they were responded to, and how the complaints were resolved. CONTRACTOR shall submit to the City a monthly and an annual report that summarizes curb mileage for residential, arterial, and industrial areas enforced. CONTRACTOR shall meet all Federal, State, or Local regulations pertaining to street sweeping enforcement equipment operation. 6 522 EXHIBIT A CONTRACTOR shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency. Compensation &Invoicing Compensation for all services shall be based on the proposed and awarded fee schedule,per the specifications and details in this Agreement. Invoices submitted by CONTRACTOR shall be paid in accordance with the terms stated on the signed Agreement. The approved pricing shall remain in effect unless modified by mutual written consent of both parties. CITY requires the CONTRACTOR to provide monthly invoices for services. Upon the request of the City,the CONTRACTOR shall submit the following information per vehicle: • GPS Data • Water usage and meter reads including the date the meter was read • Sweeper CNG usage • Routes completed • Curb miles swept • • Complaint log • Liquidated Damages Failure of the CONTRACTOR to complete the work in accordance with the specifications will result in damages being sustained by the CONTRACTOR. The following are cause for liquidated damages: a. Missing scheduled sweeping days without providing prior notice to,and acknowledgement by,the Operations Manager,or authorized designee(including inclement weather). b. Poor results. c. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts,CONTRACTOR will be notified in writing by the City. CONTRACTOR shall respond within five(5)days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by CONTRACTOR within a thirty-day(30)period,the City shall have the right to withhold payment of$500.00.Each separate and subsequent occurrence of the same act shall result in a liquidated-damages charge in the amount of $500.00. AdditionaUAdded Posted Streets In the event of additional posted streets are added in the City of Huntington Beach,the Public Works Street Department Lead Worker or his designee shall place them on the appropriate Sweep Schedule. CITY will provide thirty(30)days,written advance notice of changes to the route or the frequency. 7 523 EXHIBIT A Measurements It is the responsibility of CONTRACTOR to make all measurements to determine his proposal price. The City of Huntington Beach will not be responsible for determining the quantities of materials necessary to complete the work specified. • City of Huntington Beach Business License CONTRACTOR and any Subcontractors are required to obtain a City of Huntington Beach Business License prior to award of Contract,and to maintain the license for the entire term of the Agreement. Uniforms The CONTRACTOR will provide uniforms to the PEO's and PEO Supervisor. The uniforms • shall consist of: A white military type shirt with shoulder epaulets,two pleated chest pockets with three-point flaps,permanent military creases,reinforced sewn-in badge tab,pleated pockets with pen slot, and three-point scalloped flaps. The shoulders shall be adorned with Allied Universal shouldn't patches,the employee shall wear a badge with identification number clearly visible,and a name plate over the right chest pocket to include the first name initial and last name. Black uniform pants or shorts are authorized to be worn with a duty belt. Employees can wear a black baseball cap with the Allied Universal marking on the front. Black crew or ankle height socks are authorized with black shoes. Term of Agreement The City, at its option and with CONTRACTOR concurrence,may renew this Agreement for two(2) additional one-year(1)periods on the same terms and conditions as provided herein, including a provision for a Consumer Price Index(CPI)adjustment in the cost of the Agreement. This option may be exercised only if the CONTRACTOR demonstrates superior performance in providing services during the prior three-year(3)Agreement term and in each successive one-year(1)term thereafter. If an increase in compensation for service in succeeding option periods is requested,the CONTRACTOR must provide detailed supporting documentation to justify the requested rate increase.The requested increase will be evaluated by the City, and the City reserves the right to negotiate, accept, or reject the CONTRACTOR's requested compensation increase. This Agreement's compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers(CPI-U) for Los Angeles-Riverside-Orange County, CA,changes over the previous contract period. Requests for price changes must be made by the CONTRACTOR in writing sixty(60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. Compensation increases shall only be considered at the expiration of each two- year(2)contract extension period. 8 524 EXHIBIT B Payment Schedule • A. Rate All rates and charges per the attached Exhibit A. B. Billing _ 1. All billing shall be done monthly for services completed the prior month. • 2. CONTRACTOR shall submit to CITY an invoice for each monthly payment due. Such invoice shall: • A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due. D) Include number of citations written, complaints received, miles driven, or other mutually agreed upon details. • 3. Upon request of CITY,CONTRACTOR shall submit the following: A) GPS Data • B) Routes completed C) Complaint log 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as • separate and apart from the ongoing performance of the remainder of this Agreement. • C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: • 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by,the Maintenance Operations Manager or authorized designee (including inclement weather). • • C. Liquidated Damages(continued) 4. Poor results. 5. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. • City Wide Street Sweeping:Exhibit B 1 of 2 525 Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five(5)days with a written plan stating • how compliance with the requirements of the agreement must,be met. If there is a second • occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. • • • • • • • • • • • • • • • • City Wide Street Sweeping:Exhibit B 2 of 2 526 sulk INSURANCE AND INDEMNIFICATION WAIVER Hi MODIFICATION REQUEST .1F' 1. Requested by Lieutenant David Dereszynskl 2: Date; October 31. 2019 3. Name of contractor/permittee: Allied Universal Security Services 4. Description of work to be performed: Street Sweeping Enforcement 5. Value and length of Contract $1,119,000 -Three (3)Year Term 6. Waiver/modification request $1.75 million SIR on Professional Liability 7. Reason for request and why it should be granted: Unable to comply with requirements. see attached financials: 8. Identify the risks to the City in approving this waiver/modification:'N/A ieedgeffreel'' 4D. partment rieadAignature 4- 1/• /5 Date: APPROVALS Approvals must be obtained in the Order listed on this form. Two approvals are required for a request to be cOented. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's,,,ffice disagree: 1. RiS augment /1 Approved 0 Denied / : . f /fr ('- 19 Si. . ure ure Date 1007. 2. city Attorney's Office ,000, 40Approveti b Denied ....° 17 0' Signature Date 3. City Manager's Office 0 Approved 0 Denie,, Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for epproval. Once the contract has been approved, this form is to be filed with the Risk ivlanagethent Division of Human Resources 527 ?ma Atliarl I Inivoic•ril Atlt Swathring Fnfrtrneanria•nt litaitrianro!nil ini4acyniffr.atinevt.Malvoi Ilfiewilfirqatinn Parricia. - 10/31/2019 10:15:00 AM AccoRcr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDINYYTY) 40414....- 11/14/2019 THIS CERTIFICATE IS ISSUED AS k 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-requim an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - -CONTACT IMISH UM INC NAME: ' PHONE • FAX 1717 Arch Street (4.10,„140,Exty f .Nol: Ph6adelphia,PA 19103 EMAIL , ADDRESS: Ann;PhiladelpMagerts@marsh.com/Fax:(212)948.0360 INSURER(S)AFFORDING COVERAGE NAIC# CN11:4 251054LL-Prot19.20 INSURER A:Lexington Insurance Company 19437 Universal Topoo,LW INSURER B:Greenwich Insurance Company 22322 Allied (See Attached for Additional Named Insureds) INSURER C:XL Insurance America 24554 161 Washington StreeL Suite 600 INSURER B:Indian Harbor Insurance Company 36940 Conshohocken,PA 19428 . _INSURER E:XL Specialty Moran-Se Company 37865 INSURER F: COVERAGES CERTIFICATE NUMBER: CIE-006502213V REVISION NUMBER'5 . 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 7itroL sueR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE . INSO--Ma- POLICY NUMBER ,RellOCIATTY) IMIKKHNTYYTI, LIMITS A X COMMERCIAL GENERAL LIABILITY l';2695264 11/01/2019 11/0112020 EACH OCCURRENCE $ 10,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES En occurrence) $ 10,000,000 Professional Liability is included NIED EXP(My one parson) $ — X SIR$1,750,000 in the General Liability limit PERSONAL a AIM/INJURY $ 10,000,000 GE 'L.AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 10,000,000 x PRO-POLICYri JEGT LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER: $ B AUTOMOBILE LIABILITY RAD9437618-03 11/01/2019 11/01/2020 COMBINED SINGLE LIMIT $ 5,000,000 - lEe accident) X ANY AUTO BODILY INJURY(Per person) $ x OWNED SCHEDULED BODILY INJURY era cxident) $ —AUTOS ONLY AUTOS X HIRED x NON-OWNED APPROVED AS TO FORM PROPERTY DAMAGE $ -- AUTOS ONLY — AUTOS ONLY (Per accident) $ 0 '* UMBRELLA UAB X— OCCUR SY,W4,374e,---- r— C411:11/01/209 11/01/2020 EACH OCCURRENCE $ 10,000,00000 Ex/0%2RX X EXCESS LIAO CLAIMS-MADE AGGREGATE S 10,000,000 1 BED RETENTIONS CITY OF HUNTINGTON REACH $ C WORKERS COMPENSATION RW03001203-03(AOS) 11/01/2019 - 11/01/2020 X PER °TR- ANI)EMPLOYERS'LIABILITY 'UN STATUTE ER E ....._ ANYPROPRIci uRtPARTNERJEXECUIWE Ei RWR300120403(Wlj 11/01/2019 111011420 EL EACH ACCIDENT 1,000,000 $ OFFICERIMEMBEREXCLUDED? N/A (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 1 under TrigraRIPTICrl OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A PROFESSIONAL LIABILITY 082695264 11/01/2019 .11/01/2020 LIMIT 2,000,000 COMBINED WITH GL LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached ERIN.apace la required) The City of Huntington Beach its officers,elected or appointed officials,employees,agents,and volunteers me Included as Minos!Insured where requited by written contract with respect to General Liability and Auto Liability.UabEly coverage shall be primary and non-contdbutory where required by warm conitscL Waiver of subrogation M applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Mtn:David Deressynsld THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Hunlington Beach;CA 92648 AUTHORIZED REPRESENTATIVE or Marsh USA Inc. IMenashl Muldterjee ..3vtaxtua,104.4 44.406Laihawa-c.A. I , . (01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2outra3) The ACORD name and logo are registered marks of ACORD 528 , 'r DATE t NAIDDI YYY) A !io CERTIFICATE OF LIABILITY INSURANCE 1813t12019 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 poiicy(Ies)must have ADDITIONAL INSURED provisions•or be endorsed. If SUBROGATION,IS WAIVED,subject to the terms and conditions,ofthe.policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lien of such endorsement(s). .PRODUCER CONTACT MARSH USA INC NAME: I 1717 Arch Street PHfAt �ExSL Nn): Philadelphia,PA 19103 E-MAIL ' AM:Phtctlelptdeterts®marsh:com I FaX(212)946.0350 ADDREssi INSURER(S)AFFORDING'COVERAGE NAIL IY CNI18025105-XXX-GAWU-18-19 INSURER A':Lexington Insurance Corneany _ 19437 INSURED 22 < AICted Universal Tepee,LLC INSURER e r Grtranwkh.lnsurence Company (See Attached for Addltbnal Named Insureds) `INSURER C:XL Insurance America . 24554 161 Washington Street,Suite 600 INSURER D.:Lloyd's Syndicates-See Acord 101 Conslwhacken,PA 19428' INSURER E:XL Specially Insurance Company 37885 INSURER F: COVERAGES. CERTIFICATE NUMBER: CIE-006502213.01 REVISION NUMBERt 1 THIS 4S TO CERTIFY THAT THE POUCIES 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 CONTRACTOR 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:. INBR ADDL SUER - PpOLICYr EF�F POLICY EXP. ' LTR TYPE OF INSURANCE INSD WYD POLICY NUMBER II+tMtODIYYYYI tMId1DDIYYYYI LIMITS A X COMMERCIAL GENERAL UABIL(TY 082695264 1110112018 11101/2019 EACH OCCURRENCE s 10,000,000 AMAMSIAADE noccUR PR SES(E 'To rrrence) $ 10,400,000 CtAI X CONTRACTUAL LIABILITY MED EXP(Arty one Person) S X SIR$1,750,000 PERSONAL&ADV INJURY $ 10000.000 GE 1.AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE ` $ 10,000,OM 5r POLICY I I ET- LOC PRODUCTS-COMPIOPAGG S t0,000r0 OTHER: .. S B AUTOMo9iLE LIA01t RY RA08437818-02 '11101/2018 ' 11f0N2019 COMBINED(SINGLE UNIT s 2,000,000 [Eo acddaml 'X ANY AUTO BODILY INJURY(Par person) $ X OYiNEDONLY AUTOS SCHEDULED 'BODILY INJURY(Pei ncddent) $ AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY — AUTOS ONLY (Per aurdanf S 0 X UMBRELLALIAB X OCCUR BOWCN184 x':36 11/01/2018 1110112019 EACH OCCURRENCE $ 10,000,000 EXCESS LAG- CLAIMS-MADE AGGREGATE S 10,000,000 DEO RETENTIONS S C WORKERS COMPENSATION RWD3001203-02(AOS)" 11/0112018 11t014019 X SikruiE t ii RH. AND EMPLOYERS'LIABILITY E ANYPROPRIETORPARTNERIEXECUTiVE �YIN RWR30t31204:02(AK&WI) 11J01f2018 1110172419 E.L.EACH ACCIDENT' $ 1,000,000 OFFICERIMEMBEREXCLUDED? '1 N 1 NIA (Mandatory In NH) EL.DISEASE-EA EMPLO n S: 1,000,000 Oyes describe under 1,000,000 DESCRIPTION OF OPERATIONS baron E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD Wt.AddittanetRemarks Schedule.may be attathgd Umare spate Is jeep/hod) A CIvEE) �r The Oh'of Huntington beach,gs officers,elected or appointed officials,employees.agents,and vatuntearsare included es additaeal Insureds(except for workers!tom:_ "'` , aired by written contract, Liability CAvarage shill.shill.be primary and norrconldbutory where requked by welkin contract Waiver of subroga(Ion Is applicable where required by written r .ilI CITY• ° ' Ey Gw(of,viU ,.,C3Tpfy'BERG CERTIFICATE HOLDER CANCELLATION • The City of Huntington Basch SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE AIM:David Deresiyn31d THE EXPIRATION DATE THEREOF, 'NOTICE WILL BE ,DELIVERED IN 2000 Mak Street ACCORDANCE WITH THE POLICY PROVISIONS. - Huntington Beads,CA 92648 AUTHORLZED REPRESENTATIVE of Much USA Inc. Menastti Mukher)ee ...INtcal tnos,i . ....LGhaJ.ase I ©1988.2018'ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and Iogo are registered marks of ACORD 529 • , AGENCY CUSTOMER ID: CN118025105 LOC#: Philadelphia • ACCoR DD ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED MARSH USA INC Allied Universal Topco,LLC (See Attached tor Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance . Universal Protection Service,LLC,dba Allied Universal Risk Advisory and Consulting Services {I{ Universal Protection Service,LLC,dba Ailed Universal Security Services Universal Protection Service,LLC,dba Ailed Universal Security Services,LLC Universal Protection Service,iP Universal Protection Service,LP,dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service,LP,dba Allied Universal Security Services Universal Protection Service,LP,dba Allied Universal Security Services,LP Universal Services of America,LP Universal Thrive Technologies,LLC Universal Thrive Technologies.LLC,dba Allied Universal Technology Services Universal Thrive Technologies,LLC,dba Allied Universal Monitoring and Response Center Universal Thrive Technologies,LLC,dba Thrive Intelligence U.S.Security Associates Holding Corp. U.S.Security Associates Holdings II Corp. U.S.Security Associates Holdings,Inc. U.S.Security Associates Stalling,Inc. U.S.Security Associates,Inc. U.S.Security Holdings,Inc. Vance Executive Protection,Inc. Vance international Consulting,inc Umbrella Uablity Carders • Lloyds-Apollo Consortium-AMMO AA-1122000(85%) Lloyds•Hamilton Re,Ltd.•AIIN II AA3191190(15%) • , I ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 530 • POLICY NUMBER: RAD943781802 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS.AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: November 1,2018 SCHEDULE Name(s)Of Person(s)Or Organization(s): • Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. { Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 531 ENDORSEMENT#24 This endorsement,effective 12:01 AM 11-1-18 Forms part of policy number:082695264 Issued to;ALLIED UNIVERSAL TOPCO;LLC By:LEXINGTON INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modtfles Insurance provided under the following: SECURITY GUARD GENERAL AND PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: Where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition(Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed ## operations hazard."This waived applies only to the person or organization shown in the Schedule above. Ali other terms and conditions remain as written. • M� 1 t4u 74 1tioftred Repomnistive Counter&gnaaura(In slates where epptlobis) LEXDOCO21 LX0404 • • • . I 532. Ocean Vi -r _ r SAhro It Distril 17200 Pinehurst Lane, Superintendent Board Of Trustees Huntington Beach,CA 92647 John Briscoe,President \..VWTel 714 847-25.51 Carol Hansen,Ed.D. Gina Clayton-Tarvin,Vice President Fax 714 847-1430 Jack Souders,Clerk Squilyend Excellence- Web:WWW•eVell•org Patricia Singer,Member Norm Westwelt,Member SENT VIA ELECTRONIC TRANSMISSION November 18, 2019 Mayor Erik Peterson and Members of the City Council do City Clerk, Robin Estanislau CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 • Re: City Council Consent Calendar for 11-18-2019, Item 14 Approve Contract for Street Sweeping Enforcement Dear Mayor Erik Peterson and Members of the City Council: The Ocean View School District supports that the City Council enter into a three-year contract to enforce street sweeping in Huntington Beach. It our experience, especially at the Oak View schools located adjacent to industrial zoned uses, that non- enforcement of street sweeping negatively impacts our school children and staff who use school playgrounds for mandatory Outdoor activities on a daily basis. It is our hope that enforcement of street sweeping will reduce dust and debris buildup on city streets. We request that the city council clarify what code enforcement procedures will apply to the contractor and how should the community request enforcement of street sweeping. Sincerely, OCEAN VIEW SCHOOL DISTRICT Carol Hansen,Hansen, Ed.D. Superintendent' SUPPLEMENTAL COMMUNICATION Meeting Date: ////g1/47 ;Venda item ttrL; 7.) 533 NTINr • ''--�9fiPQRar: : City of . - :untington Beach % - _ z A 2000 Main Street ♦ Huntington Beach, CA 92648 • (714) 536-5227 ♦ www.huntingtonbeachca.gov i Office of the City Clerk couNTY Robin Estanislau, City Clerk December 3, 2019 Universal Protection Services, LP DBA Allied Universal Security Services Attn: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 Dear Mr. Clayton: Enclosed is an executed original of the "Service Agreement between the COHB and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" approved by the Huntington Beach City Council on November 18, 2019. Sincerely, e6/4/U4,44) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 534 AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES,LP DBA ALLIED UNIVERSAL SECURITY SERVICES(UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as "City,"and UNIVERSAL PROTECTION SERVICE,LP.DBA ALLIED UNIVERSAL SECURITY SERVICES,a California limited partnership,hereinafter referred to as "Consultant." WHEREAS,City and Consultant are parties to that certain agreement,dated January 1,2020,entitled"Service Agreement Between the City of Huntington Beach and Universal Protection Service,LP dba Allied Universal Security Services(AUSS)" which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: I. ADDITIONAL.COMPENSATION In consideration of the services to be performed under the Original Agreement,City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant en additional sum not to exceed Three Hundred Ninety Nine Thousand Two Hundred Seventy Two Dollars and Fourteen Cents($399,272.I4). The additional sum shall be added to the original sum of One Million One Hundred Nineteen Thousand Dollars($1,119,000.00),for a new contract amount not to exceed One Million Five I 22-11989494208 1 535 Hundred Eighteen Thousand Two Hundred Seventy Two Dollars and Fourteen Cents 01,518,272114 2. TERM The term of the Agreement is extended for one additional year until December 31,?AWL 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized offices on -Apri I ,2023. UNIVERSAL PROTECTION SERVICE, CITY OF HUNTINGTON BEACH,a )DBA ALLIED UNIVERSAL SECURITY municipal,corporation°film State of SERVICES(AUSS California By: • Steve Claton Mayor print neat 4 ITS:(clrcleone)Chalrntht aid ice President riAK/ q6SP11401tt4) AND City Clerk 1242a INITIATgb ND APO VED: By: se-t----0 ev& 1 ff't ITS:(circle one — lehier Financial Chief of Police Officer/Asst. Treasurer APPROVED AS RM: ' LEVIED D AP' OVED: \irk dity M i Attorney 2241989/294208 2 536 AMENDMENT NO. 2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES, LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AMENDMENT is made and entered into by and betwee e CITY OF HUNTINGTON BEACH, a California municipal corporation, her after referred to as "City," and UNIVERSAL PROTECTION SERVICES,LP. D t A ALLIED UNIVERSAL SECURITY SERVICES, a California Corporation,herei ,fter referred to as "Consultant." WHEREAS, City and Consultant are part'-s to that certain agreement,dated January 1,2020, entitled"Service Agreeme Between the City of Huntington Beach and Universal Protection Services, LP d•: Allied Universal Security Services (UASS)" which agreement shall hereinafter be •eferred to as the"Original Agreement"; and City and Consultant wis o amend the Original Agreement to increase the amount of compensation to • paid to Consultant, NOW,THEREF• , it is agreed by City and Consultant as follows: 1. ADDI ' ONAL COMPENSATION In ,onsideration of the services to be performed under the Original Agreement, C• y agrees to pay Consultant at the rates specified in Exhibit B which is attached h• eto and incorporated by reference into this Agreement. City further agrees to pay C• sultant an additional sum not to exceed Four Hundred Eleven Thousand Two H dred Sixty Nine Dollars and Forty Five Cents($411,269.45). The additional sum shall be added to the original sum of One Million Five Hundred Eighteen Thousand Two Hundred Seventy Two Dollars and Fourteen Cents($1,518,272.14), for a new contract 23-13806/324324 NO ACTION TAKEN amount not to exceed One Million Nine Hundred Twenty Nine Thousand Five I lun• ed Forty One Dollars and Fifty Ninc Cents($1,929,541.59). 2. TERM The term of the Agreement is extended for one additional -ar until December 31, 2025 3. REAFFIRMA'ITON Except as specifically modified herein,all other rms and conditions for the Original Agreement shall remain in full force and e ect. IN WITNESS WHEREOF, the parties I rcto have caused this Agreement to be executed by and through their authorized o wets on ,2024. UNIVERSAL PROTECTION SERVI P .,LP CITY OF HUNTINGTON BEACH, a DBA ALLIED UNIVERSAL SECU' ITY municipal corporation of the State of SERVICES (AUSS) California :j7) 13y: _ . _A ' ' AM -i,. Mayor print naive ITS: (circle one) Chairma P sides ice President City Clerk v 9D INI TEll DAP VED: By: .i t►vi b cc-L.d+ _ rint name Chief of Police ITS:..cde on Secretar lChief Financial Officer! sst. ` cretary-Treasurer APPROVED AS ' • ORM: REV! 0 ED AND APPROVED: alf C. y Manager Cit Attorney 23-13806/324324 2 •' NO ACTION TAKEN SECURITY BUDGET City of Huntington Beach 2000 Main Street Huntin•ton Beach, CA 92648 Monday, January 1. 2024 1 . REQUIREMENT: Provide.warmed, uniformed professional security officers who are capable of exercising good judgment, will be -., ly visible at all times, deter crime, and perform other duties as outlined by the client. 2. SCHEDULE: SHIFT FRI SAT SUN MON TUE WED THUR 0730-1600 (Patrol Officer) 4 Officers N/A N/A 4 Officers 4 Officers 4 Officers 4 Officers 0730-1600 (Supervisor) 1 Officer N/A N/A 1 a icer 1 Officer 1 Officer 1 Officer x 3. BUDGET ESTIMATE: ; WEEKLY HOLIDAY& WAGE STAFF POSITION HOURS BILL RATE OT RATE MONTHLY ANNUALLY RATE Patrol Officer 160 $36.33 $54.49 $25,497.83 $305,973.92 $17.98 Patrol Supervisor 40 $50.01 $75.01 $8,774.63 $105,295.53 '• 4.73 Sub Total ( Labor) 200 $ 34,272.45 $411,269.45NNN Notes: N\NN a) Extra coverage and specials are billed at an agreed upon hourly rate not to be less than the holiday/O.T.rate. b) As a result of California paid sick leave Law(AB 1522)that is effective July 1,2015,all costs associated with the law will be billed as incurred. c) Allied Universal may bill any costs incurred as a result of change in federal,state,or local legistlation or taxes NN 5. HOLIDAYS: Allied Universal recognizes the following holidays. Security officers working on these days will be paid time and one-half. Client will be billed at the overtime rate/holiday rate for those days. New Years Day President's Day Memorial Day j` Su� iry �I: INSURANCE AND INDEMNIFICATION WAIVER fhmlr Naha MODIFICATION REQUEST .. Requested: Risk Management 2. Date: February 1, 2024 3. Name of contractor/permittee: Allied Universal Topco, LLc 4. Description of work to be performed: Street Swee•in• Enforceme 5. Value and length of contract: $1,119,000 — (1) Year Term 6. Waiver/modification request: ',1.75 Million SIR on General 'abilit 7. Reason for request and why it should be granted: W: do not allow SIR. Please see attached financial statement. 8. Identify the risks to the ?On appr ing this waiver/ riodification:Low `fir' / .._�� 2 l b !z`-i Department Head Signature Date: 1 APPR��VALS Approvals must be obtained in the order ' ted on this form. Two approvals are required for a request to be granted. Approval fr. the City Administrator's Office is only required if / 1 Risk Management an. he City Attorneys OffiCO disagree. 1. Risk Management 4 i ❑ Approved CI Denied L, ,1-' 1' Si ature Date 2. City Attorney's Office il.Approved ❑ D -Hied --: ' A?/1 Signature Date 3. City Manager's office El Approved 0 Denie Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney': Office along with the contract for approval. Once the contract has been approved, thi• form is to be filed with the Risk Management Division of Human Resources I RISK Mgt,FE$7'2AAM1O:28 Waiver Form -Vianate 2/1/2024 4:19:00 PM AC D® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDJYYYY). 0112312024 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC' E HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDE' BY THE.POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS •ER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURE r •revisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an : dorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh I U.S.Operations MARSH USA LLCFAX 1717 Arch Street JAM.No.Beth 866.966d664 two.Not: Philadelphia,PA 19103 &MAILss: Philadelphia.Certs@marsh-•m ADDRE Attui Philadelphiacerts@marsh,com/Fax:(212)948-0360 INSURER(S)AFFO-•INC COVERAGE - NAIC# CN118025105-ALL-STAND-24-25 INSURER A:Indian Harbor Insurance r•mpany 36940 ,INSURED 22322 Allied Universal Topco,LLC INSURER e:Greenwich Insurance •mpany (See Attached for Additional Named Insureds) INSURER c:XL Insurance Ame' : 24554 161 Washington Street,Suite 600 INSURER a:lndemniry Insur. ce Company of North America 43575 .Conshohocken,PA 19428 INSURER E:XL Specials nsurance Company 37885 INSURERF: COVERAGES CERTIFICATE NUMBER: CLE-006502213.4 i REVISION NUMBER: 11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU•a TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CO, RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY TH -OLiCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RE'• CEO BY PAID CLAIMS. ILTRR TYPE OF INSURANCE IAWL NSD SUER W VD POUCYNUMBER -IMMDDI YYY1 (MMIDDAYYY) LIMITS " A X COMMERCIAL GENERAL LIABILITY RE$943799404 01/01/2024 01/01/2025 EACH OCCURRENCE ' $ 30,000,000 DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) S 30,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ X SIR$1,750,000 PERSONAL&ADV INJURY $ 30,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 55,000,000 X JECT POLICY pi [-ILOC PRODUCTS-COMP/OP AGG S 55,000,000 OTHER: $ B AUTOMOBILE LIABILITY RAD943781807 01/01/2024 01/01/2025 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accidentt X ANY AUTO BODILY INJURY(Per person) - $ — OWNED. SCHEDULED. BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS ' HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) S D UMBRELLA LIAB X OCCUR XSM ,2500027004 01/01)2024 01/01/2025.. EACH OCCURRENCE S. 10,000,000 X' EXCESS LIAB . CLAIMS-MADE Ex' s of General Liabtity, AGGREGATE S 10,000,000 DED RETENTIONS ',-a Liability,and Workers'Camp $ C WORKERS COMPENSATION 'WD300120308(AOS) 01/01/2024 , 01/01/2025 X PER ERH AND EMPLOYERS'LIABILITY . YIN" C' ANYPROPRIETORIPARTNERIEXECUTIVE RWR300120408.(WI) 0110112024 0i10112025 E.L.EACH ACCIDENT S 1,000,000 E OFFICERIMEMBEREXCLUDEO? N NIA RWE94354 8208(CA,OH) 0110112024 0114112025 • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 I(yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional Liability RES943799404 01/01/2024 01101/2025 Claim - 2,000,000 SIR:$1,750,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS V'HICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required) The City of Huntington Beach,its officers,elected appointed officials,employees,agents,and volunteers are included as additional insured(except workers'compensation and crime)where required by written contract.Liability coverage shall be primary and on.contributorywhere required by written contract Waiver of subrogation Is applicable where required by written contract. CERTIFICATE HOLDE` CANCELLATION The City of Huntington B•.ch SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:David Dereszyns THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street . ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,'A 92648 • AUTHORIZED REPRESENTATIVE •24Sl 4ie ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN118025105 LOC#: Philadelphia ACCORD : ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 • CARRIER- NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance • • Excess Workers'Compensation Policy No.:RWE943548208 Insurer.XL Specially Insurance Company Effective Dates:11112024-U112025 Limit: Employers Liability Each Accident:$1,000,000 Employers Liability Disease•Poticy Limit$1,000,000 Employers LiabEy Disease-Each Employee:$1,000,000 SIR:$1,000,000 • Crime Policy No,:034824-02-02 • Insurer.National Union Fire Insurance Co. Effective Dates:0811512023.0811512024 Limit: Employee Theft or Dishonesty:$2,000,000 • Clients'Property:$2,000,000 Deductible:$750,000 • Contractors Pollution Liability • Policy No.:CP013303734 Insurer.Commerce and Industry Insurance Company Effective Dates:01/0112024-01/0112026 Limit:5,000,000 Deductible$250,000 The General Liability and Professional Liability policies evidenced above share In e limits shown.The limits do not apply separately to the Individual coverages • ACORD r 1(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r Procedure To request a waiver,indicate hererovide a brief description(1 —2 sentences s f the proposed work/project,its dollar value(if not a specific dollar amount,use an avera:e,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required alance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: 5 I R. L t k 4 l Encroachment Permit❑ Private Property Work Permit❑ Consultant Services❑ Other: Proposed Work: Y c rt • emF aG? pi•Jrseth itcn" 'TO Atlefico zul f a I 0-L - D -► 1 -- ra5DA -(' Dollar Value: Projected Timeframe; •ca B ,r 1041- J-M To If PM ENDORSEMENT#181 This endorsement, effective on 01/01/2024 at 12:01 A.M. standard time,forms : part of Policy No. RES943799404 of the INDIAN HARBOR INSURANC OMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CA' FULLY. ADDITIONAL INSURED-DESIGNATED PERSON 4 R ORGANIZATION (Based on CG2026 04/13) This endorsement modifies insurance provided by the folio ng: COMMERCIAL GENERAL LIABI COVERAGE FORM SCHE► LE Name of Additional Insured Person(s)or Organiz. lon(s) City of Huntington Beach,its officers,elected or appointed officials,employees agents and voluntee s 200 Main Street Huntington Beach,CA 92648 Information required to complete this hedule, if not shown above,will be shown in the Declarations. A.Section II-Who Is an Insured is :mended to include as an additional insured the person(s)or organization(s)shown in the Sch,dule,but only with respect to liability for"bodily injury", "property damage" or"personal and advr rtising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of tho • acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection wit, your premises owned by or rented to you. However: 1. The insuranc afforded to such additional insured only applies to the extent permitted by law; and 2. If coverag provided to the additional insured is required by a contract or agreement,the insurance afforde to such additional insured will not be broader than that which you are required by the contr t or agreement to provide for such additional insured. B. Wit respect to the insurance afforded to these additional insureds, the following is added to Se tion III-Limits of Insurance: If verage provided to the additional insured is required by a contract or agreement,the most we will ay on behalf of the additional insured is the amount of insurance: MAN US 2024 X.L.America Inc All Rights Reserved May not be copied Without permiss:on Includes copyrighted material of Insurance Sen,ces Office,Inc with its permIss"on 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 Declaration All other terms and conditions of the policy remain the same. MANUS t'2024 X.L America Inc.AR Rights Reserved May not be cooled without permission Includes copyrighted matedaf of Insurance Services Office,Inc with Its permission ENDORSEMENT 0050 This endorsement,effective on 01/01/2024 at 12:01 A.M.standard time, forms a par of Policy No. RES943799404 of the INDIAN HARBOR INSURANCE COM' 'NY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU Y. ADDITIONAL INSURED-DESIGNATED PERSON OR O'tANIZATION / This endorsement modifies insurance provided by the following: / COMMERCIAL GENERAL LIABILITY CGERAGE FORM /// i A. SECTION II -Who Is an Insured is amended to include an additional insured a person(s)or organization(s)who is required to be added by written, ontract or written agreement which does not require that a specific form number be used. B.The insurance provided to additional insured applies only to "bodily injury", "property damage", "professional liability" or"personal and adver sing injury" caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those ac ng on your behalf In the performance of your ongoing op rations for the additional insured;or"your work"performed for that additional insured and included in )e"products-completed operations hazard" However: 1. The insurance affor d to such additional insured only applies to the extent permitted by law; and 2. If coverage pro 'Jed to the additional insured is required by a contract or agreement,the insurance afforded to uch additional insured will not be broader than that which you are required by the contract or agree ent to provide for such additional insured. C.With respec to the insurance afforded to these additional insureds,the following is added to Section III emits of Insurance: If coverag provided to the additional insured is required by a contract or agreement,the most we will pay on be alf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 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. MAN US @ 2024 X.L.America Inc.All Rights Reserved May not be copied without permission Includes copyrighted material of Insurance Services Office,Inc.with Its permission D.The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a clai' . 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought ag.' st any policy issued by another insurer under which the additional insured also has rights an insure• or additional insured. E.This insurance is primary to and will not seek contribution from any other insuran available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; Id 2. You have agreed in writing in a contract or agreement that this insur ce would be primary and would not seek contribution from any other insurance available to the addi onal insured. All other terms and conditions remain as written. MAN US @ 2024 X.L.America Inc.All Rights Reserved May not be copied without permission Includes copyrighted material of Insurance Services Office,Inc.with its permission ENDORSEMENT 11024 This endorsement, effective on 01/01/2024 at 12:01 A.M.standard time,forms a part o Policy No.RES943799404 of the INDIAN HARBOR INSURANCE COMP fY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL �. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINS''OTHERS TO US This endorsement modifies insurance provided under the following: / � COMMERCIAL GENERAL LIABILITY CO ERAGE FORM SCHEDULE Name of person or Organization: ; Where required by written contract. (If no entry appears above,information requir-d to complete this endorsement will be shown in the Declarations as applicable to this endorsem;- t) The TRANSFER OF RECOVERY AGAINST ! HERS TO US Condition (Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery w;'may have against the person or organization shown in the Schedule above because of payments we,'ake for injury or damage arising out of your ongoing operations or"your work"done under a contract;'ith that person or organization and included in the "products-completed operations hazard."This w. ved applies only to the person or organization shown in the Schedule above. All other terms and co ditions remain as written. MANUS @2024 X,L America Inc.All Rights Reserved May not he copied without permission includes copyrighted material of Insurance Services Office,Inc.with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. W� ill not enforce our right against the person or organization named in the Schedule. (This agreement applies only o the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Sch- ule. Schedule Any person or organization where waiver of our right to recover Is required by written ,ontract with such person or organization provided such contract was executed prior to the date of loss. This endorsement changes the .olicy to which it Is attached and is effective on the date Issued unless otherwise stated. (The Information below is r>•uired only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 01•.1-2024 Policy No. RWD3001203-08 Endorsement No. Insured Allied Universal opco,LLC • Insurance Comp.>y Countersigned by XL Insurance A, erica,Inc. WC000 3 (Ed.4-:. ) W83 National Council on Compensation Insurance. POLICY NUMBER: RAD943781807 XIC 414 1013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Covera.= Form apply unless modified by the endorsement. Schedule Additional Insured(s) Work Any person or organization you have agreed to All Operations include as an additional Insured under written contract,provid•d such contract was executed prior to the date of loss. COVERED AUTOS LIABILITY COVERAGE,Who Is An I'sured, is amended to include as an"insured"the person or organization listed in the Schedule above, but only wi respect to liability for "bodily Injury" or "property damage" otherwise covered under this policy caused, in whole o In part,by the negligent acts or omissions of: 1. You, while using a covered"auto'; or 2. Any other person, except the additio :l insured or any employee or agent of the additional insured, operating a covered"auto"with your permissio., in the performance of your work as desc .ed in the Schedule above. In no event shall any person or orga ation listed in the Schedule become an"insured"pursuant to this Endorsement if such person or organization is sot- y negligent. IT IS FURTHER AGREED T-AT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES 'i R EXCLUSIONS SET FORTH IN THIS POLICY. All other terms and co oitions of this policy remain unchanged. XIC 4 4 1013 ©2013 XL.America, Inc. All Rights Reserved. Page 1 of 1 VH- ` 12/02/2019 May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: RAD943781807 COMMERCIAL A- 0 CA04 - ° 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU Y. WAIVER OF TRANSFER OF RIGHTS OF RECO ERY AGAINST OTHERS TO US (WAIVER OF SUBR• ATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Co -rage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the ••licy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO,LLC Endorsement Effective Date: January 1,2024 SCHED E Name(s)Of Person(s)Or Organization(s): Any person or organization where waiver of our right t• recover is required by written contract with such person or organization provided such contract was executed ,,rior to the date of loss. Information required to complete this Schedule, not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery alnst Others To Us condition does not apply to -e person(s) or organization(s) shown In the Schedu , but only to the extent that subrogation is waived pr'.r to the"accident" or the "loss" under a contract ith that person or organization. CA 04 4410 13 ©Insurance Services Office, Inc.,2011 Page 1 rf/ o vL-7) 72-o , 104 2000 Main Street, Huntington Beach, CA 8 9� 92648 City of Huntington Beach File #: 22-1020 MEETING DATE: 4/4/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Ingrid Ono, Executive Assistant Subject: Approve and authorize a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services for street sweeping parking enforcement services Statement of Issue: In 2019, Council approved a three-year contract with Allied Security Services to outsource the City's street sweeping parking enforcement. This contract was awarded through a competitive bid process (Attachment 2). The current contract allows for two (2) one-year extensions to the contract to continue services. Based on Allied Universal Security Services' ("Allied") past performance, staff recommends approving the contract extension for an additional year. Allied has met the performance expectations of the Police Department over the past three years and has been responsive to inquiries during their current contract term. Financial Impact: The cost of the initial three years of the City's contract with Allied was $362,000, $373,000, and $384,000 for a total of $1 ,119,000. A CPI adjustment for the one-year contract extension will cost $399,272.14. Funding for these services is included in the FY 2022-23 Budget and no additional funding is requested. Recommended Action: Approve and authorize "Amendment No. 1 to Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP dba Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" not to exceed $399,272.14 for the next calendar year; and authorize the Mayor and City Clerk to execute the attached contract. Alternative Action(s): Do not approve, and direct staff accordingly. City of Huntington Beach Page 1 of 2 Printed on 3/29/2023 powere1194 LegistarTM File #: 22-1020 MEETING DATE: 4/4/2023 Analysis: The City's current three-year agreement with Allied for street sweeping parking enforcement services has allowed the Police Department to replace five parking control officer positions and decommission three parking control vehicles and maintenance. By contracting for these services, the Police Department was able to realize cost savings while also increasing the reliability of street sweeping enforcement in the City. As such, staff recommends that City Council extend the service agreement with Allied for an additional year for a total not to exceed amount of$399,272.14. The agreement was procured in 2019 through a competitive bidding process, and following this one year extension, the agreement will run through December 31, 2024. Environmental Status: Not applicable. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Amendment No. 1 2. Original RCA (19-967) and contract. 3. Allied Security Budget worksheet. 4. Certificate of Insurance City of Huntington Beach Page 2 of 2 Printed on 3/29/2023 powereIi lj Legistar'"^ AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES, LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH,a California municipal corporation,hereinafter referred to as "City,"and UNIVERSAL PROTECTION SERVICE,LP.DBA ALLIED UNIVERSAL SECURITY SERVICES,a California limited partnership,hereinafter referred to as "Consultant." WHEREAS,City and Consultant are parties to that certain agreement,dated January 1,2020,entitled"Service Agreement Between the City of Huntington Beach and Universal Protection Service,LP dba Allied Universal Security Services(AUSS)" which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement,City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Ninety Nine Thousand Two Hundred Seventy Two Dollars and Fourteen Cents($399,272.14). The additional sum shall be added to the original sum of One Million One Hundred Nineteen Thousand Dollars($1,119,000.00),for a new contract amount not to exceed One Million Five 22.11989/294208 1 Hundred Eighteen Thousand Two Hundred Seventy Two Dollars and Fourteen Cents ($1,518,272.14). 2. TERM The term of the Agreement is extended for one additional year until December 31,202M. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on -Ap H l � ,2023. UNIVERSAL PROTECTION SERVICE, CITY OF HUN INGTON BEACH,a LP DBA ALLIED UNIVERSAL SECURITY municipal corporation of the State of SERVICES (AUSS ` California Steve Claton Mayor print name rifq, 9ASailld'ettd ITS: (circle one)Chairma +•resid- - ice President City Clerk 12123 AND 1 1 INITIAAift• ND APIS VED: By: - a ,yG✓, is9/ Chief of Police ITS:(circle one %11 /Chief Financial Officer/Asst. Treasurer APPROVED AS RM: VIEWED D APPROVED: City M i Attorney 2241989/294208 2 NOTE TO FILE The term of Amendment No. One to the agreement was extended to December 31, 2023, not December 31, 2024. sub INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Risk Management 2. Date: March 2, 2023 3. Name of contractor/permittee: Allied Universal Topco, LLC 4. Description of work to be performed: Street Sweeping Enforcement 5. Value and length of contract: $1,518,272.14 - (1) Year Term 6. Waiver/modification request: $1.75 Million SIR on General Liability 7. Reason for request and why it should be granted: Unable to comply with requirements, see attached financials. (a-p;:oving 8. Identify the ris s-tothe City t 's waiver/modification: Low (e.d3 ~------1iepartment Head nature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management Approved 0 Denied 5--"2-,2 // Signature Date 2. CitA(orney's Office Approved 0 Denied �� 3 - l 3 ' a 3 Signature Date 3. City Manager's Office ❑ Approved 0 Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form-Funnel House 3/2/2023 1:55:00 PM Waiver Procedure To request a waiver,indicate here®and provide a brief description( 1—2 sentences)of the proposed work/project,its dollar value(if not a specific dollar amount,use an average,annual estimate or non-profit)and projected timeframe(per job or as-needed basis). For substantial dollar deductible/SIR amounts,a financial statement is required(Balance Sheet, Budget Reports,Dun&Bradstreet Report,etc.). Waiver Requested: Encroachment Permit❑ Private Property Work Permit❑ Consultant Seervices❑ Other: Jet:.tb-,.1) SC•h,,i c'$ ele A'c'<-1 rivaY./-0'79 k I�l 6: Yr Proposed Work: e,ecIde FA 0O�1+) rrT/�v ores F_ 4- /Per'/ rAvse", 4J6.7•✓#%.ts DollarValue: $r9y. .)�7. l9 Projected Thneframe: ////z d 3 — 12/71/2 i 21 0 DATE(MMIDDIYYYY) ALA CERTIFICATE OF LIABILITY INSURANCE 02/07/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 endorsement(s). PRODUCER CONTACT Marsh I U.S.Operations MARSH USA INC NAME' 1717 Arch St reel PHONE 866-966-4664 FAX (NC.No.Exit: INC.No): Philadelphia,PA 19103E-MAIL Phiiadelphla.Certs@marsh.com Attn:Philadelphia.certs@marsh.com/Fax:(212)948-0360 ADDRESS; INSURER(8)AFFOR DING COVERAGE NAIC p CN118025105-ALLSTAND-23-24 INSURER A:Indian Harbor Insurance Company 36940 INSURED llied Universal Topco,LLC INSURER a:Greenwich Insurance Company 22322 (See Attached for Additional Named Insureds) INSURER c:XL Insurance America 24554 161 Washington Street,Suite 600 INSURER D:Indemnity Insurance Company of North America 43575 Conshohocken,PA 19428 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006502213-20 REVISION NUMBER: 10 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 TYPE OF INSURANCE IANSD DDL aWVO POLICY NUMBER (UBR MMIDDYY1YL IMMMIIDDiDiTYYCY Y)_ LIMITS A X COMMERCIAL GENERAL LIABILITY RES943799403 01/01/2023 01/01/2024 EACH OCCURRENCE $ 30,000,000 DE TO RENTED CLAIMS-MADE X OCCUR PRAISES(Ea occurrence) $ 30,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ X SIR$1,750,000 PERSONAL&ADV INJURY $ 30,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 55,000,000 X POLICY JECT X LOC PRODUCTS-COMP/OP AGG S 55,000,000 OTHER: $ B AUTOMOBILE LIABILITY RA0943781806 01/01/2023 01/01/2024 IC£ B OMa INNEEDt)SINGLELIMIT $ 5000000 X ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) S U UMBRELLA LIAB X OCCUR XSM G72500027 003 01/01/2023 01/01/2024 EACH OCCURRENCE $ 10,000,000 X EXCESS LWB CLAIMS-MADE Excess of General Liability, AGGREGATE $ 10,003,000 DED RETENTION$ Auto liability,and Workers'Comp $ C WORKERS COMPENSATION RW0300120307(AOS) 01/01/2023 01/01/2024 x PER I OTH- ANDEMPLOYERS'LIABILITY STATUTE ER C YIN RWR300120407 I) 01/01/2023 01101/2024 1,000,000 ANYPROPRIETOWPARTNER/EXECUTIVE El.EACH ACCIDENT S Of FICER/MEMBER EXCLUDED') N/A 1�� (Mandalay In NH) EL,DISEASE-EA EMPLOYEE $ if yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $ A Professional Liability RE5943799403 01/01/2023 01/01/2024 Limit 2,000,000 SIR 1,750,030 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached lr more space Is required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as addlUonal insured(except workers'compensation and crime)where required by written contract Liability coverage shall be primary and non-contributory where required by written contract Waiver of subrogation is applicable where required by written contract CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:David Dereszynski THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Mein Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I 112aicaa ZISri ehea- 0 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN1 1 80251 05 _ LOC#: Philadelphia A`G EP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Workers'Compensation Policy No:RWE943548207 Insurer XL Specialty Insurance Company Effective Dates:1110023-1/112024 Limit' Employers liability Each Accident:S1,000000 Employers liability Disease-Policy Limit:$1,000,000 Employers Liability Disease-Each Employee:SI,000,000 SIR:$1,000,000 Crime Pokey No.:01.456.75.71 Insurer.National Union Fire Insurance Co. Effective Dates:08/15/2022-08/15/2023 tunic Employee Theft or Dishonesty:$2,000,000 Clients'Property:$2,000,000 Deductible:$1,000,000 Contractors Pollution Liability Policy No.:CP013303734 Insurer.Commerce and Industry Insurance Company Effective Dates:11/0112021-11101/2023 Lint$5,000,000 Deductible:$250,000 The General Liability and Professional Liability policies evidenced above share In the omits shown,The limits do not apply separately to the Individual coverages ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT#181 This endorsement,effective on 01/01/2023 at 12:01 A.M. standard time,forms a part of Policy No. RES943799403 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (Based on CG2026 04/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)or Organization(s) City of Huntington Beach,its officers,elected or appointed officials,employees agents and volunteers 200 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section Il-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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations;or 2. In connection with your premises owned by or rented to you. 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. B. 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: MAN U S @ 2023 X.L America Inc All Rights Reserved May not be copied without permission Includes copyrighted material of Insurance Services Office,Inc.with Its permission 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. All other terms and conditions of the policy remain the same. MANUS @ 2023 X L.America Inc.Ad Rights Reserved May not be copied without permission Includes copyrighted material of Insurance services office,inc.with Its permission ENDORSEMENT#050 This endorsement, effective on 01/01/2023 at 12:01 A.M. standard time, forms a part of Policy No. RES943799403 Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.SECTION II-Who Is an Insured is amended to Include as an additional insured a person(s) or organization(s)who Is required to be added by written contract or written agreement which does not require that a specific form number be used. B.The insurance provided to additional insureds applies only to"bodily injury", "property damage", "professional liability" 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; or"your work" performed for that additional Insured and included in the"products-completed operations hazard" 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. 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. 1IANIUS 9 2022 x.I.Ameelu Inc.AO Rights RnslrvCd May not Ito copied Without pcnnlsslon !neud na cdpyephtCd matenat of Insurance SCIVICCs oc&C,inn.with ice poomllfJon D.The additional Insured must see to It that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim. 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another Insurer under which the additional insured also has rights an insured or additional Insured. E.This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other Insurance; and 2. You have agreed in writing In a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain as written. mows 0 2022 X,I.America tM.All Rights Reserved May nos 14 copied W Ihout permission Includes copyrighted malcdel of I11s0rance services OIOca,Inc.vdth Its pMmlis'On ENDORSEMENT 11024 This endorsement,effective on 01/01/2023 at 12:01 A.M. standard time,forms a part of Policy No.RES943799403 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of person or Organization: Where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard."This waived applies only to the person or organization shown In the Schedule above. All other terms and conditions remain as written. MANUS *2023%L America Ina MI Rlgtus Resolved May net be wNed without peimhsion Includes topyngIled material of Into/once Serykos Office,UK.with Ns permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. 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 01-01-2023 Policy No. RWD3001203-07 Endorsement No. Insured Allied Universal Topco,LLC Insurance Company Countersigned by XL Insurance America,Inc. WC 00 0313 (Ed.4-84) 0 1983 National Council on Compensation Insurance. POLICY NUMBER: RAD943781806 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With.respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Named Insured: ALLIED UNIVERSAL TOPCO,LLC Endorsement Effective Date: January 1,2023 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information required to complete this Schedule, If not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation Is waived prior to the"accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 POLICY NUMBER: RAD943781806 XIC 414 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Schedule Additional insured(s) Work Any person or organization you have agreed to All Operations include as an additional insured under written contract,provided such contract was executed prior to the date of loss. COVERED AUTOS LIABILITY COVERAGE,Who Is An Insured, is amended to include as an"insured"the person or organization listed in the Schedule above, but only with respect to liability for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or In part, by the negligent acts or omissions of: 1. You, while using a covered"auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured,operating a covered "auto"with your permission; in the performance of your work as described in the Schedule above. In no event shall any person or organization listed In the Schedule become an"Insured"pursuant to this Endorsement if such person or organization is solely negligent. IT IS FURTHER AGREED THAT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES OR EXCLUSIONS SET FORTH IN THIS POLICY. All other terms and conditions of this policy remain unchanged. XIC 414 1013 ©2013 XL.America, Inc. All Rights Reserved. Page 1 of 1 VHAR 12/02/2019 May not be copied without permission. Includes copyrighted material of insurance Services Office,Inc.,with its permission. �0/WINGTo �, /P City of Huntington Beach • F�`` 2000 Main Street ♦ Huntington Beach, CA 92648 ` _ �;, Q�1 (714) 536-5227 ♦ www.huntingtonbeachca.gov VcFcp"••••-=-'�p`�`/�� Office of the City Clerk —r�UNTY // Robin Estanislau, City Clerk March 13, 2023 Universal Protection Services, LP dba Allied Universal Security Services Attention: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 Dear Mr. Clayton: Enclosed is an executed copy of the Amendment No. 1 to Service Agreement between the COHB and Universal Protection Services, LP dba Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services, approved by City Council on April 4, 2023. Sincerely, (*4011i gM414J4 ) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan r APPROVED 00 4) City of Huntington Beach File #: 19-967 MEETING DATE: 11/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Statement of Issue: Street sweeping is helpful in reducing pollution, removing debris, preventing clogs in storm drains, and improving street appearance on our 1,121 miles of mostly residential and commercial streets. It is important that street sweeping and its related enforcement component is efficient and effective. Low staffing levels and other factors have contributed to less than full enforcement. Outsourcing street sweeping enforcement will increase the number of citations written and provide full time employees the opportunity to serve the citizens in other important capacities. In July of 2019, a Request for Proposal (RFP) was advertised for street sweeping enforcement services. Ten companies submitted proposals prior to the August deadline. Proposals were independently reviewed by an Evaluation Committee consisting of City staff from various Departments. The proposals were reviewed using standardized criteria. As a result of this process, four companies were identified as being able to meet the needs of the City. These four companies were invited to participate in an in-person interview to further discuss the proposal. The same Evaluation Committee sat on this panel and evaluated the companies. From this process, the City contacted references provided by the top two ranked companies. Based on the Evaluation Committees' analysis of the RFP proposals, the in-person interviews, and a references check, Allied Universal Security Services was determined to be the most qualified company which met all of the requirements to provide high quality street sweeping enforcement services to the City of Huntington Beach. Allied Universal Security Services is a well-established and professional company who is experienced in street sweeping enforcement. They have performed street sweeping enforcement duties for other Orange County cities and they will bring innovative ideas to the City through the use of technology and data analysis. Financial Impact: City of Huntington Beach Page 1 of 3 Printed on 11/13/2019 powered. LegistarT" File #: 19-967 MEETING DATE: 1 111 8/2 0 1 9 Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is $362,000 for year 1, $373,000 for year 2, and $384,000 for year 3. Sufficient appropriations are budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted accordingly. With an approved service agreement, the annual cost savings will be approximately $117,000. This savings will be realized with the defunding of five (5) parking enforcement officer positions and decommissioning of three (3)vehicles. Any increase to revenue is unknown at this time. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: It is important that street sweeping enforcement is efficient and effective. Our Parking Control Officer's (PCO) are often pulled from street sweeping enforcement duties due to other priority calls for service and citizen complaints. With increased housing, more community events, homeless issues, recreational vehicle parking complaints, and inconsistent street sweeping enforcement, it becomes even more important that the City find ways to improve the reliability of street sweeping enforcement. By contracting with a private company, the City can redirect existing personnel and resources to handle quality of life issues, citizen complaints, and other community priorities. Based on a thorough evaluation of all proposals, and a review of the cost for services for maintaining in-house street sweeping enforcement, it was determined the proposal submitted by Allied Universal Security Services .represents the best value to the City. The initial annual cost for services is $362,000, which represents a significant one-time and annual cost savings when compared to maintaining the services in-house. The annual cost in the two subsequent years is anticipated to be approximately $373,000 and $384,000 respectively. The contracted company will be driving fuel-efficient vehicles which will be branded to match the existing fleet. Allied Universal will use improved technology and analytics to more effectively monitor their employees and street sweeping enforcement efforts. This will lead to positive outcomes for the City and the community by further supporting Department and City strategic goals. The Huntington Beach Police Department has met with Allied Universal Security Services leadership and outlined the street sweeping enforcement route information as well as the expectations of the City to improve street sweeping enforcement services while improving customer service. Allied Universal Security Services has clearly demonstrated their ability and commitment to meet the City's expectations with their written proposal as well as during the interview process. City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 powered4l/LegistarTM' File #: 19-967 MEETING DATE: 11/18/2019 No city staff will be laid off as a result of the outsourcing. It is recommended the City Council award a service agreement to Allied Universal Security Services for City-wide street sweeping enforcement services for a not to exceed amount of$1,119,000 for three (3) years. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Contract with Universal Protection Services, LP, DBA Allied Universal Security Services 2. Proposed Contract Exhibit A • 3. Proposed Contract Exhibit B City of Huntington Beach Page 3 of 3 Printed on 11/13/2019 powered42,LegistarT"' City Council/ ACTION AGENDA November 18,2019 Public Financing Authority Recommended Action: A) Approve an additional appropriation of $150,000 for Fire Prevention inspection, plan check and environmental engineering services as these expenditures are primarily cost-neutral and generally offset by reimbursements from developers and revenues generated from inspection and plan review services; and, B) Increase the Fire Department's professional services authority by $150,000 to ensure compliance with Administration Regulation No. 228. Approved 7-0 14. 19-967 Approved contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Approved 7-0 as amended to document defunding of five(5)parking enforcement officer positions;return to Council in six months with an update on enforcement • 15. 19-1038 Approved First Amendment to Lease between the City and Kokomo's Surfside Grill, Inc., for a Beach Food Concession at the Marine Safety Education Center and approved Consent to Assignment and Assumption of Lease for Kokomo's Concession Recommended Action: A) Approve and authorize the City Manager to execute the Consent to Assignment and Assumption of Lease Agreement for Kokomo's Concession; and B) Approve and authorize the City Manager to execute the First Amendment to Lease dated September 5, 2017 between the City of Huntington Beach and Kokomo's Surfside Grill, a California Corporation for a Beach Food Concession on the first floor level of the Marine Safety Education Center. Approved 7-0 16. 19-1129 Adopted Resolution 2019-11 approving a summary vacation of an easement over a portion of 13th Street and Crest Avenue; adopted Resolution 2019-77 declaring a strip of City-owned property as surplus property; approved Quitclaim Deed for ownership of easement and the agreement for sale of surplus real property between the City and Dawn and Naomi Shimoda; and, authorized recordation of resolutions and exhibits with the Orange County Page 4 of 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND • UNIVERSAL PROTECTION SERVICES,LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called"City,"and Universal Protection Services,LP DBA Allied Universal Security Services(AUSS),a California corporation,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of street sweeping enforcement services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement,Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington ;Beach Municipal Code Chapter 3.02. NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Steve Clayton,Regional President, Southwest Division(UASS),who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 19-8160/217547 1 3. Compensation a. City agrees to pay,and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement,shall not exceed Three Hundred Sixty Two Thousand Dollars ($362,000)during the first year of the contract,Three Hundred Seventy Three Thousand Dollars($373,000)during the second year of the contract,and Three Hundred Eighty Four Thousand Dollars($384,000)during the third year of the contract. During the life of the three(3)year contract,the cost is anticipated to not exceed One Million One Hundred Nineteen Thousand Dollars($1,119,000). b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed,subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence January 1,2020,or as soon as practicable after the execution of this Agreement by City(the"Commencement Date")and terminate January 1,2023,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date,Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder,including,without • limitation,all original drawings,designs,reports,both field and office notices, calculations,computer code, language,date or programs,maps,memoranda,letters and other documents, shall belong to City,and Contractor shall turn these materials over to 19-8160/217547 2 City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect,defend,indemnify and hold harmless City,its officers,elected or appointed officials,employees,agents,and volunteers from and against any and all claims,damages,losses,expenses,judgments,demands and defense costs,and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property,arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor,any subcontractors,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to concurrent active or passive negligence,except where caused by the active negligence,sole negligence,or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861,Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation;Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors'employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City,Contractor shall obtain and furnish to City,a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties,against any and all claims arising out of or in connection with the Project/Service,and shall provide coverage in not less than the following amount: combined single limit bodily 19-8160/217547 3 injury and property damage,including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City,its officers,elected or appointed officials,employees,agents,and volunteers as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder,Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force;and c. promise that such policy shall not be suspended,voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in 19-8160/217547 4 this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay,in a prompt and timely manner,the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is,and shall be,acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense,and be responsible for any and all payment of all taxes,social security,state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses,if any,in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date,and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor,and supersedes any and all other agreements,oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements, 19-8160/217547 5 orally or otherwise,have been made by any party,or anyone acting on behalf of any party,which are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor,Contractor may not assign,transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices,certificates,or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,a reputable overnight carrier or U.S.certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Universal Protection Services,LP Attn: Lieutenant David Dereszynski DBA Allied Universal Security Services 2000 Main Street Attn: Steve Clayton Huntington Beach,CA 92648 1551 N.Tustin Ave.,Suite 650 Santa Ana,CA 92869 19-8160/217547 6 19. Consent When City's consent/approval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles,captions, section,paragraph and subject headings,and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret,define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void,illegal or invalid,such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute,law,ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. FAwh duplicate original shall be deemed an original instrument as against any party who has signed it. 19-8160/217547 7 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular,comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services,and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of'any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this,Contractor agrees,at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race,color, creed,religion,sex, marital status,sexual orientation,age,national origin,ancestry,or disability,as defined and prohibited by applicable law,in the recruitment,selection,training,utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 2$. Jurisdiction—Venue This Agreement and all questions relating to its validity,interpretation, performance,and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity,interpretation,performance,and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California,shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19-8160/217547 8 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits,licenses, approvals,waivers,and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attomey's fees,such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement,shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California, 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises,agreements or warranties,oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement,and that that party has not executed this Agreement in reliance on any representation,inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 19-8160/217547 9 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a Universal Protection Services, LP municipal corporation of the State of DBA Allied Universal ' Services California By: ayor Print name ITS: (circle one)Chairman/Presidents l 4/4Vice President47,401, City Clerk iZ/3)1.9 AS AND By:_ _ INITIATED AND APPROVED: Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer (./2/4***-4 APPROVED A FORM: City Attorney ok/ n D� D AP'OVE : City Manager�� 19-8160/217547 10 EXHIBIT A 1. SCOPE OF PROJECT I. CONTRACTOR QUALIFICATIONS CONTRACTOR must meet all of the following requirements,which may be waived only at CITY's sole and absolute discretion: Personnel Information The names and resumes of the principal officers,partners,and or officials shall be submitted to the City for review.The names(s)and resume(s)of the individual(s)who will be considered in responsible charge of the City of Huntington Beach street sweeping enforcement contract shall be clearly indicated. Parking Enforcement Officer's(PEO),including the Parking Enforcement Supervisor,must be capable of communicating effectively in English in order to communicate with City staff and residents,if needed. CONTRACTOR's drivers shall maintain safety and driving records in accordance with Federal, State,County,and City regulations. The names and years of experience of each PEO and backup personnel with copies of State of California Department of Motor Vehicles records are also to be submitted. PEO's must have at least three years of driving experience. PEOs' DMV record shall not have 2 or more violation points in a 12-month period.A DUI and Hit&Run each constitute 2 violation points(Vehicle code section 12810). PEOs shall be equipped with cellular phones.Operators shall be required to answer or return any cell phone calls within five minutes. Operators must adhere to California Senate Bill 1613 requiring the use of a hands-free device when using a cell phone while driving. Subcontractors If applicable,the CONTRACTOR must include in their proposal complete identification of all subcontractors, including business address,telephone number,point of contact and work to be performed. For subcontractors performing the work called out in this agreement,the same information requested of CONTRACTOR must also be provided for the subcontractor. Equipment CONTRACTOR shall furnish five(5)primary street sweeping enforcement vehicles. Four (4)shall be for the Parking Enforcement Officers (PEO)and one(1)shall be for the supervising PEO. Each vehicle shall be no more than one-year-old at the time the contract begins and is good working order. It shall be branded in accordance with the agreed upon images,language,and markings. 1 EXHIBIT A CONTRACTOR must have sufficient back-up vehicles to perform services when primary vehicles are unavailable due to repairs or maintenance. The equipment shall be sufficient to perform the work required herein during the hours specified.In the event a primary street sweeping enforcement vehicle requires repair or replacement,a back-up vehicle must be available so that the established sweeping schedule does not fall behind.The successful CONTRACTOR shall be responsible for the repair, maintenance,and service of its street sweeping enforcement equipment. Existing Inventory CONTRACTOR must provide a detailed inventory of the CONTRACTOR's equipment and accessories that will be used to fulfill this contract. The inventory of the street sweeping_enforcement vehicle equipment shall include the following: • Type,model/brand,year of manufacture,and the date the vehicle was acquired. • Service records for each vehicle with total number of miles and hours(miles • only,if vehicle is not equipped with an hour meter)each vehicle has been in service. • Anticipated remaining useful life as of the date of inventory. • Type and manufacturer of recording device for hour of operation,miles per hour,and Global Positioning System(GPS)tracking system. All initial vehicles used shall not exceed one(1)year in age. Age of vehicle shall be determined and verified by California Department of Motor Vehicle(DMV)registration. All vehicles shall be in"good"condition.A vehicle in good condition,on the whole,must not have any major flaws(no body damage). The interior and exterior must have very few,if • any,apparent dings,scratches,or defects, and the paint is still intact.The body of the vehicle should be rust-free or have very little rust.The tires must all match with little wear. Vehicles shall be subject to inspection by the Fleet Supervisor or his designee.The Fleet Supervisor or his designee reserves the right to require any corrections deemed necessary to reflect acceptable service standards. Vehicles must have means to monitor locations,speeds,hours of operation for reporting purposes. **"Refer to Track,Gather,and Provide Real-Time Data in this section." Vehicles shall have the City logo on the front driver and passenger doors,the Allied Universal logo on the rear driver-side and passenger-side doors,and have must include the phrase "Under contract with The City of Huntington Beach" in six-inch(6)letters on both sides of the vehicles.Final approval of signs must be granted by the Traffic/Special Events Unit Commander or his designee prior to use. 2 EXHIBIT A Leased Equipment All leased equipment shall be listed separately with the same detailed existing inventory listing from the previous section;the time remaining on each vehicle's lease and options for renewal,where applicable,shall be stated. II. SCOPE OF WORK CONTRACTOR shall use and furnish,at the firm's own expense,all labor,equipment,and materials necessary for the satisfactory performance of the street services set forth herein. The work to be performed under these specifications consist of providing street sweeping enforcement services for the City of Huntington Beach in pre-designated areas of the CITY on CITY determined schedules and at CITY selected hours of each day of the week. Street Sweeping Enforcement Description General—The service provider will provide street sweeping enforcement services to approximately 1,121 miles of mostly residential roadways. There are four(4) daily street sweeping routes,which take place between 8:00 am and 4:00 pm. Some routes have different start times and the CONTRACTOR will be provided with a detailed schedule by the CITY. During periods when there is no scheduled street sweeping(i.e.holidays,fifth weeks of the month),the PEO's will not be needed. The CITY will only be billed for services rendered. If services are not needed,the CITY will make our best efforts to provide 24 hour notice to the CONTRACTOR. In situations where this is not possible,or the CONTRACTOR reports for duty to find a full day of services is not needed,the CITY intends to utilize the PEO's for a minimum of four hours of work. During these periods,the PEO's will be tasked with patrolling on-street and off-street parking areas to enforce fire lane violations,disabled parking violations,scofflaw violations,report signage and markings deficiencies,or perform other mutually agreed upon tasks/enforcement. Pre-designated areas consist of the following: • Various districts of residential local streets. • Various areas posted for one side sweeping per sweeping day within posted time frames. 3 EXHIBIT A • Various areas of residential local streets posted for days of the week and at posted time frames. • Arterial Highways,Majors,Primaries,and Secondaries. • Curb and Gutter sides,curb and gutter medians,curb and gutter one side,i.e. perimeters. • • Painted medians. • City parking lots. • Commercial/Industrial areas. Pre-Determined Schedules Residential local streets shall be swept once per week or twice per month as directed,on various days of either 1st,2nd,3rd,or 4th week of the month. Posted residential locals have time frames in addition to the daily schedules that must be adhered to. Arterial median,painted median lanes,and intersections shall be swept in conjunction with Route 4,or as directed by the City. III. GENERAL SPECIFICATIONS Holidays CONTRACTOR shall not provide street sweeping enforcement services on any of the following Holidays:New Year's Day,President's Day,Memorial Day,Independence Day, Labor Day,Thanksgiving,Friday after Thanksgiving,and Christmas Day. Street sweeping enforcement does still take place on Martin Luther King Day and Veteran's Day. Prior to commencement of contract work,agreement on days of make-up sweeping due to holidays shall be reached by comparing those recognized by the bargaining units of the City, CONTRACTOR's operators,and refuse disposal personnel.Those holidays that are the same in all three groups shall become the official list for this contract and shall be recorded as such by a letter to file. Sweeping Services Management Plan CONTRACTOR shall have a plan for ensuring all street sweeping routes are enforced. The Management Plan must include solutions that consider population growth,parked cars, refuse pickup services,etc. CONTRACTOR is encouraged to use the latest technological advances in their plan to achieve their management plan objectives.In order to give CONTRACTOR a more accurate idea of the scope of work,the approximate annual curb miles are as follows: 4 • EXHIBIT A Residential Streets: 30,060 CM Arterial Streets: 700 CM Raised and Painted Medians: 1,030 CM Delays in Street Sweeping Enforcement In the event of inclement weather,CONTRACTOR shall not be required to perform regular scheduled street sweeping enforcement.CONTRACTOR shall,immediately upon direction from the Public Works Street Department Lead Worker or authorized designee,sweep any streets that become littered with storm debris or become impassable due to collected water. During inclement weather which prevents adherence to the regular sweeping schedule for two (2)or less days in a given week,the sweeping areas so affected by the weather shall be swept within five(5)days of the scheduled sweeping without interruption of the regular sweeping schedule.The Maintenance Operations Manager or authorized designee reserves the right to determine what constitutes inclement weather.CONTRACTOR shall perform all extra work required by such inclement weather without additional charge and shall provide • CITY with a schedule of when the makeup sweeping will be completed. Track,Gather, and Provide Real-Time Data The selected vendor must have the ability to track, gather,and provide real-time data with the use of a GPS tracking system,or acceptable alternate system,for each PEO vehicle while performing services for the CITY.Real time access to GPS shall be provided to CITY. CITY will request a report,on an as-needed basis,that includes,but not limited to the following: a. Speed b. Direction c. Location on map d. Address e. Distance traveled The recorded data intervals must not exceed one(1)minute between records(Ping Rate equal to or less than one (1)minute)and the searchable records must be kept for a minimum of six (6)months. Communication CONTRACTOR shall provide equipment for two-way voice or text message communication between the City of Huntington Beach and the individual sweepers. Contractor Response CONTRACTOR shall respond within 24 hours to requests or complaints from the CITY. Speed Limit of Street Sweeper Enforcement Vehicles • 5 EXHIBIT A Sweepers shall not operate above posted speed limits. Street Sweeping Enforcement Complaints CONTRACTOR shall investigate any resident complaints that may concern or involve the performance of the PEO and their operation. CONTRACTOR shall report to the Traffic/Special Events Unit Commander or authorized designee on the following working day as to the action or procedure taken with reference to any complaints. Storage of Equipment The CITY shall provide five parking spaces at the Public Works-City Corporation Yard at 17371 Gothard St.for the storage of the CONTRACTOR vehicles during periods of non-use. While these vehicles are in use,the CITY will allow the CONTACTOR's employees to park their personal vehicles in this space. The CITY will provide a location for the CONTRACTOR to retrieve, store,charge,the hand-held ticket writing devices. Courteous Operation CONTRACTOR shall perform street sweeping enforcement operations in a manner that causes a minimum inconvenience to the residents and businesses within the CITY. CONTRACTOR shall ensure that PEO's conduct their activities in a professional and courteous manner. Accident Reports CONTRACTOR shall provide a copy of a detailed written report of any and all accidents involving CONTRACTOR's vehicles,personnel and/or equipment while operating within the City to the designated City representative within twenty-four(24)hours from the date and time of the accident. Said report shall include the date and time of the accident and a copy of any law enforcement reports or reference identification resulting from the accident. CONTRACTOR shall provide the name and contact information of CONTRACTOR's safety officer,including cell phone for emergency contact. Record Keeping CONTRACTOR shall maintain a daily log detailing enforcement areas each day,scheduled areas missed,date and time missed areas,reasons scheduled enforcement was not performed or completed as scheduled,and total citations/wamings written in the City of Huntington Beach. The report shall also specify the number and nature of complaints received,when they were responded to,and how the complaints were resolved. CONTRACTOR shall submit to the City a monthly and an annual report that summarizes curb mileage for residential, arterial,and industrial areas enforced. CONTRACTOR shall meet all Federal, • State,or Local regulations pertaining to street sweeping enforcement equipment operation. 6 EXHIBIT A CONTRACTOR shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency. Compensation&Invoicing Compensation for all services shall be based on the proposed and awarded fee schedule,per the specifications and details in this Agreement. Invoices submitted by CONTRACTOR shall be paid in accordance with the terms stated on the signed Agreement. The approved pricing shall remain in effect unless modified by mutual written consent of both parties. CITY requires the CONTRACTOR to provide monthly invoices for services.Upon the request of the City,the CONTRACTOR shall submit the following information per vehicle: • GPS Data • Water usage and meter reads including the date the meter was read • Sweeper CNG usage • Routes completed • Curb miles swept • Complaint log Liquidated Damages Failure of the CONTRACTOR to complete the work in accordance with the specifications will result in damages being sustained by the CONTRACTOR. The following are cause for liquidated damages: a. Missing scheduled sweeping days without providing prior notice to,and acknowledgement by,the Operations Manager,or authorized designee(including inclement weather). b. Poor results. c. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts,CONTRACTOR will be notified in writing by the City. CONTRACTOR shall respond within five(5)days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by CONTRACTOR within a thirty-day(30)period,the City shall have the right to withhold payment of$500.00.Each separate and subsequent occurrence of the same act shall result in a liquidated-damages charge in the amount of $500.00. Additional/Added Posted Streets In the event of additional posted streets are added in the City of Huntington Beach,the Public Works Street Department Lead Worker or his designee shall place them on the appropriate Sweep Schedule. CITY will provide thirty(30)days,written advance notice of changes to the route or the frequency. 7 EXHIBIT A Measurements It is the responsibility of CONTRACTOR to make all measurements to determine his proposal price.The City of Huntington Beach will not be responsible for determining the quantities of materials necessary to complete the work specified. City of Huntington Beach Business License CONTRACTOR and any Subcontractors are required to obtain a City of Huntington Beach Business License prior to award of Contract,and to maintain the license for the entire term of the Agreement. Uniforms The CONTRACTOR will provide uniforms to the PEO's and PEO Supervisor. The uniforms shall consist of: A white military type shirt with shoulder epaulets,two pleated chest pockets with three-point flaps,permanent military creases,reinforced sewn-in badge tab,pleated pockets with pen slot,and three-point scalloped flaps. The shoulders shall be adorned with Allied Universal shouldn't patches,the employee shall wear a badge with identification number clearly visible,and a name plate over the right chest pocket to include the first name initial and last name. Black uniform pants or shorts are authorized to be worn with a duty belt. Employees can wear a black baseball cap with the Allied Universal marking on the front. Black crew or ankle height socks are authorized with black shoes. Term of Agreement The City, at its option and with CONTRACTOR concurrence,may renew this Agreement for two(2) additional one-year(1)periods on the same terms and conditions as provided herein, including a provision for a Consumer Price Index(CPI)adjustment in the cost of the Agreement.This option may be exercised only if the CONTRACTOR demonstrates superior performance in providing services during the prior three-year(3)Agreement term and in each successive one-year(1)term thereafter. If an increase in compensation for service in succeeding option periods is requested,the CONTRACTOR must provide detailed supporting documentation to justify the requested rate increase.The requested increase will be evaluated by the City,and the City reserves the right to negotiate,accept, or reject the CONTRACTOR's requested compensation increase. This Agreement's compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers(CPI-U) for Los Angeles-Riverside-Orange County,CA,changes over the previous contract period. Requests for price changes must be made by the CONTRACTOR in writing sixty(60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. Compensation increases shall only be considered at the expiration of each two- year(2)contract extension period. • 8 EXHIBIT B Payment Schedule A. Rate All rates and charges per the attached Exhibit A. B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. CONTRACTOR shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due. D) Include number of citations written, complaints received, miles driven, or other mutually agreed upon details. 3. Upon request of CITY,CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shell list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld.Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by,the Maintenance Operations Manager or authorized designee (including inclement weather). C. Liquidated Damages(continued) 4. Poor results. 5. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. City Wide Street Sweeping:Exhibit B 1 of 2 Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City.Contractor shall respond within five(5)days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00.Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. • City Wide Street Sweeping:Exhibit B 2 of 2 Su 3%ity INSURANCE AND INDEMNIFICATION WAIVER ��• MODIFICATION REQUEST 1. Requested by: Lieutenant David Dereszynski 2. Date: October 31, 2019 3. Name of contractor/permittee: Allied Universal Security Services 4. Description of work to be performed: Street Sweeping Enforcement 5. Value and length of contract: $1,119,000 -Three (3) Year Term 6. Waiver/modification request: $1.75 million SIR on Professional Liability 7. Reason for request and why it should be granted: Unable to comply with requirements, see attached financials. 8. Identify the risks to the City in approving this waiver/modification: N/A .9C,0 D partment Head,Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attomey's ffice disagree. 1. Ris anagement l Approved 0 Denied /44-4---/-- /A 4Z— 1r ((�/ 7 Sie • ure Date 2. City Attorney's Office Approved 0 Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denie Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources 9(11Q Alliari I Inivareal Shoat Swooping Fnfnrramant Incur nra Anrl lnrtamnifiratinn Waivar AAnrtifiratinn Roryuac�.�___ 10/31/2019 10:15:00 AM ® DATE(MMIDD/YYYY) A`c o CERTIFICATE OF LIABILITY INSURANCE 11/14/2019 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 endorsement(s). PRODUCER CONTACT MARSH USA INC PNHONE FAX 1717 Arch Street LAIC..No.Est): _ INC.No): Philadelphia,PA 19103 E-MAIL Attn:Philadeiphia.certs@marsh.com/Fax:(212)948-0360 _AQQRESS: INSURER(S)AFFORDING COVERAGE _- NAIL# —A CN118025105-ALL-Prol-19-20 _ INSURER A:Lexington Insurance Company 19437 INSURED INSURER B:GfeenwlCh InSurance Company 22322 Allied Universal Topco,LLC (See Attached for Additional Named Insureds) INSURER C:XL Insurance America 24554 161 Washington Street,Suite 600 INSURER D:Indian Harbor Insurance Company 36940 Conshohocken,PA 19428 37885 INSURER XL Specially Insurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006502213-07 REVISION NUMBER: 5 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 TYPE OF INSURANCE _- ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MNUDDIYYYYI (MMIDD/YYYY) A X COMMERCIAL GENERAL UABILITY 082695264 11/01/2019 11/01/2020 EACH OCCURRENCE $ 10,000,000 X� PREMISES n�) $ 10,000,000 CLAIMS-MADE OCCUR Professional Liability is included MED EXP(Any one person) $ X SIR$1,750,000 in the General Liability limit, PERSONAL&ADV INJURY $ 10,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,006 POLICY 1 1 PRO- r 1 LOC PRODUCTS-COMP/OP AGG $ 10,000,000 X JECT � s OTHER: B AUTOMOBILE LIABILITY RAD9437818-03 11/U1/2019 11/01/2020 COMBINED SINGLE LIMIT s 5,000,000 .LEe accident) X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Par acddenl) $ AUTOS X HIRED S ONLY X NON-OWNED APPROVED AS TO FORM PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY jE$-a_ dent) f D UMBRELLAUAB X BVu4' GATE$ 11/01/2019 11/01/2020 EACH OCCURRENCE S 10.000,000 OCCUR �MJ --X EXCESS LIAB CLAIMS-MADE EXCES t�ITY AGGREGATE S 10,000,000 DED RETENTIONS CITY OF HUNTINGTON BEACH $ C WORKERS COMPENSATION RWD3001203-03(AOS) 11/01/2019 11/01/2020 X STATUTE ER RH AND EMPLOYERS'LIABILITY YIN RWR3001204.03 I 11/0112019 11/01/2020 1,000,000 E (W)ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ( N 1 NIA 1(X100(JO (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,descrlbe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY 082695264 11/01/2019 11/01/2020 LIMIT 2,000,000 COMBINED WITH GL LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) The Clty of Huntington Beach.its officers,elected or appointed officials,employees,agents,and volunteers are Included as additional insured where required by written contract with respect to General Liability and Auto Liability.Liability coverage shall be primary and noncontributory where required by written contract.Waiver of subrogation is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:David Dereszynskl THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee -341:1LAAANC1a,,L I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2018/03) The ACORD name and logo are registered marks of ACORD • ATE(M ,4�O D MlDD/YriY) ® CERTIFICATE OF LIABILITY INSURANCE ATE(M 19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC NAME:PH NE I FA 1717 Arch Slreel (NC No.ExO;_— _ -__ - 1(NC,No(: Philadelphia,PA 19103 E-MAIL Attn:Philadelphia cerls@marsh.com(Fax:(212)948-0360 ADDRESS: INSURER(S)AFFORDING COVERAGE NAICff CN118025105-XXX-GAWU-18-19 INSURER A:LIxfilgton Insurance Company 19437 INSURED INSURER B:Greenwich Insurance Company 22322 Allied Universal Topco,LLC (See Attached for Additional Named Insureds) INSURER C:XL Insurance America _ 24554 161 Washington Street,Suite 600 INSURER D:Lloyd's Syndicates-See Acord 101 Conshohocken,PA 19428 37885 INSURER E:XL Specialty Insurance Company _ INSURER F COVERAGES CERTIFICATE NUMBER: CLE-006502213-01 REVISION NUMBER: 1 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 TYPE OF INSURANCE AWL SUER POLICY EFF POLICY EXP LIMITS LTRINSD,WVD POLICY NUMBER (MM!ODIYY YI (MMMDD/YYYY) A X COMMERCIAL GENERAL LIABILITY 082695264 11/01(2018 11/01/2019 EACH OCCURRENCE S 10,000,000 MAGERENTED CLAIMS-MADE I X I OCCUR PREM SESD(Ea occurrence) _ -10,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ X SIR$1,750,000 PERSONAL&ADV INJURY $ 10,030,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY I I PEC7RO- !- -1 LOC PRODUCTS-COMPIOPAGG $ 10,000,000 — J -._ OTHER: _ B AUTOMOBILE LIABILITY RAD9437818-02 19)i/2018 11101/2019 COMBINED SINGLE LIMIT f 2,000,000 (Ea accldenl) X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOS ONLY AUTOS _ X HIRED x NON-OWNED PROPERTY DAMAGE AUTOS ONLY ^ AUTOS ONLY (Per accident) $ D X UMBRELLA LIAB X OCCUR BOWCN1800836 11/01/2018 11/01/2019 10,000,000 EACH OCCURRENCE f EXCESS LIAB CLAIMS-MADE AGGREGATE y 10,000,000 DES I RETENTIONI S C WORKERS COMPENSATION RW03001203-02(AOS) 11A1112018 11/0 i12019 X I STATUTE I I ERN — E AND EMPLOYERS'LIABILITY YIN RWR3001204-02(AK&WI) 11/01/2018 11/01/2019 ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT 8 1,000,000 OFFICERIMEMBEREXCLUDED? N NIA 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If es,daccribe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 ORM DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached II more space le required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as additional insureds(except Ior workers'compensa uired by written contract. Liability coverage shell be primary and non-contributory where required by written contract.Weever of subrogation is applicable where required by written col(�e i. s Y p,EL EY Cm A ON SEACH CITY OF HU CERTIFICATE HOLDER CANCELLATION The City of Huntnglon Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:David Dereszynski THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ®1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN118025105 LOC#: Philadelphia . AC ROB ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED MARSH USA INC Ailed Universal Topco,LLC POLICY NUMBER (See Attached for Additional Named Insureds) 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Universal Protection Service,LW,dba Mied Universal Risk Advisory and Consulting Services Universal Protection Service,LLC,dba Anted Universal Seuviy Services Universal Protection Service,LLC,Cba Allied Universal Security Services,LLC Universal Protection Service,LP Universal Protection Service,LP,dba Ailed Universal Risk Advisory and Consulting Services Universal Protection Service,LP,dim Ailed Universal Security Services Universal Protection Service,LP,dba Abed Universal Socially Services,LP Universal Services of Aredca,LP Universal Thrive Tecmologies,LLC Universal Thrive Technologies,LLC,dba Allied Universal Technology Services Universal Thrive Technologies,LLC,dba Ailed Universal Monitoring and Response Center Universal Thrive Technologies,LLC,dba Thrive Intelligence U.S.Security Associates Holding Corp. U.S.Security Associates Holdings II Corp. U.S.Sec nilyAssociates Holdings,Inc. U.S.Security Associates Staffing,inc. V.S.Security Associates,Inc. U.S.Security Hollings,Inc. Vance Executive Protection,Inc. Vance International Consultg,Inc Urnbrela Liability Carriers I1 Lloyds-Apollo Consortium-AAIMS AA-1122000(851L) Lloyds•Hamilton Re,Lkl.-AIIN#AA3191190(15%) ACORD 101 (2008/01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD { POLICY NUMBER: RAD943781802 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: November 1,2018 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. • The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 • ENDORSEMENT#24 This endorsement,effective 12:01 AM 11-1=18 Forms part of policy number:082695284 Issued to:ALLIED UNIVERSAL TOPCO;LLC By:LEXINGTON INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modlles Insurance provided under the following: SECURITY GUARD GENERAL AND PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of person or Organization: Where required by written contract. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition(Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard."This waived applies only to the person or organization shown In the Schedule above. All other terms and conditions remain as written. I ihorizfd Representative OR Gounlerefgnarurn(In elates where epptlroble) LEXD00O21 LX0404 1 r0 j1 Ocean View School District 17200 Pinehurst Lane, Superintendent Board Of Trustees \woolimur Huntington Beach,CA 92847 John Briscoe,President Tel:714 847-2551 Carol Hansen,Ed.D. Gina Clayton-Tarvin,Vice President Equity field Fax:714 847.1430 Jack Souders,Clerk Exceuence- Web:www.ovsd.org Patricia Singer,Member Norm Westwell,Member SENT VIA ELECTRONIC TRANSMISSION November 18, 2019 Mayor Erik Peterson and Members of the City Council do City Clerk, Robin Estanislau CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Re: City Council Consent Calendar for 11-18-2019, Item 14 Approve Contract for Street Sweeping Enforcement Dear Mayor Erik Peterson and Members of the City Council: The Ocean View School District supports that the City Council enter into a three-year contract to enforce street sweeping in Huntington Beach. It is our experience, especially at the Oak View schools located adjacent to industrial zoned uses, that non- enforcement of street sweeping negatively impacts our school children and staff who use school playgrounds for mandatory outdoor activities on a daily basis. It is our hope that enforcement of street sweeping will reduce dust and debris buildup on city streets. We request that the city council clarify what code enforcement procedures will apply to the contractor and how should the community request enforcement of street sweeping. Sincerely, OCEAN VIEW SCHOOL DISTRICT etti ° Carol Hansen, Ed.D. Superintendent SUPPLEMENTAL COMMUNICATION Mee ng Date: 11//g/M Agenda Item No.; / iL ,. � ..,...... ..... ; City of Huntington Beach U =` ` 2000 Main Street ♦ Huntington Beach, CA 92648 � (714) 536-5227 • www.huntingtonbeachca.gov 6),''••••••. : --'.\<` •0 Office of the City Clerk �QUNTY 4/0 Robin Estanislau, City Clerk December 3, 2019 Universal Protection Services, LP DBA Allied Universal Security Services Attn: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 Dear Mr. Clayton: Enclosed is an executed original of the "Service Agreement between the COHB and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" approved by the Huntington Beach City Council on November 18, 2019. Sincerely, e4/440,1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Moore, Tania From: Fikes, Cathy Sent: Tuesday, April 4, 2023 8:46 AM To: Agenda Alerts Subject: FW: Housing Original Message From:Janet Jacobs<wellnesswithjanet@gmail.com> Sent: Monday,April 3, 2023 6:16 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Re: Housing Thx Pat. We so appreciate what you guys are doing for our City! Sent from my iPhone >On Apr 3, 2023, at 3:53 PM,Janet Jacobs<wellnesswithjanet@gmail.com>wrote: > > I'm asking the council to please OPPOSE#16 the high density housing. > Passing this would: affect our beach city life quality, poor air quality,result in more people, more autos and worsen the current traffic condition which is already a problem.That is without mentioning the specials events that bring millions into our city. > >Thank you >Janet Jacobs >40yr resident >714-401-3555 > >Sent from my iPhone 1 SECURITY BUDGET City of Huntington Beach 2000 Main Street Huntin•ton Beach CA 92648 Sunday,January 1, 202 , 1. REQUIREMENT: Provide unarmed, uniformed professional security officers who are capable of exercising good judgment, will be highly visible at all times, deter crime, and perform other duties as outlined by the client. 2. SCHEDULE: SHIFT FRI SAT SUN MON TUE WED THUR 0730-1600(Patrol Officer) 4 Officers N/A N/A 4 Officers 4 Officers 4 Officers 4 Officers 0730-1600 (Supervisor) 1 Officer N/A N/A 1 Officer 1 Officer 1 Officer 1 Officer 3. BUDGET ESTIMATE: WEEKLY HOLIDAY& WAGE STAFF POSITION HOURS BILL RATE OT RATE MONTHLY ANNUALLY RATE Patrol Officer 160 $35.28 $52.92 $24,760.40 $297,124.84 $17.46 Patrol Supervisor 40 $48.51 $72.77 $8,512.27 $102,147.30 $24.01 Sub Total Labor 200 -- $ 33,272.68 $399,272.14 Notes: a) Extra coverage and specials are billed at an agreed upon hourly rate not to be less than the holiday/O.T.rate. b) As a result of California paid sick leave Law(AB 1522)that is effective July 1,2015,all costs associated with the law will be billed as incurred. c) Allied Universal may bill any costs incurred as a result of change in federal,state,or local legistlation or taxes. 5. HOLIDAYS: Allied Universal recognizes the following holidays. Security officers working on these days will be paid time and one-half. Client will be billed at the overtime rate/holiday rate for those days. New Years Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day dir laLUEDUNIVERSAL There for you. Client Approval Name: Signature: Title: Date: T �9sjlD City of Huntington Beach ri;V File #: 19-967 MEETING DATE: 11/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Statement of Issue: Street sweeping is helpful in reducing pollution, removing debris, preventing clogs in storm drains, and improving street appearance on our 1,121 miles of mostly residential and commercial streets. It is important that street sweeping and its related enforcement component is efficient and effective. Low staffing levels and other factors have contributed to less than full enforcement. Outsourcing street sweeping enforcement will increase the number of citations written and provide full time employees the opportunity to serve the citizens in other important capacities. In July of 2019, a Request for Proposal (RFP) was advertised for street sweeping enforcement services. Ten companies submitted proposals prior to the August deadline. Proposals were independently reviewed by an Evaluation Committee consisting of City staff from various Departments. The proposals were reviewed using standardized criteria. As a result of this process, four companies were identified as being able to meet the needs of the City. These four companies were invited to participate in an in-person interview to further discuss the proposal. The same Evaluation Committee sat on this panel and evaluated the companies. From this process, the City contacted references provided by the top two ranked companies. Based on the Evaluation Committees' analysis of the RFP proposals, the in-person interviews, and a references check, Allied Universal Security Services was determined to be the most qualified company which met all of the requirements to provide high quality street sweeping enforcement services to the City of Huntington Beach. Allied Universal Security Services is a well-established and professional company who is experienced in street sweeping enforcement. They have performed street sweeping enforcement duties for other Orange County cities and they will bring innovative ideas to the City through the use of technology and data analysis. Financial Impact: City of Huntington Beach Page 1 of 3 Printed on 11/13/2019 powered LegistarTV File #: 19-967 MEETING DATE: 1 171 8/201 9 Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is $362,000 for year 1, $373,000 for year 2, and $384,000 for year 3. Sufficient appropriations are budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted accordingly. With an approved service agreement, the annual cost savings will be approximately $117,000. This savings will be realized with the defunding of five (5) parking enforcement officer positions and decommissioning of three (3) vehicles. Any increase to revenue is unknown at this time. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: It is important that street sweeping enforcement is efficient and effective. Our Parking Control Officer's (PCO) are often pulled from street sweeping enforcement duties due to other priority calls for service and citizen complaints. With increased housing, more community events, homeless issues, recreational vehicle parking complaints, and inconsistent street sweeping enforcement, it becomes even more important that the City find ways to improve the reliability of street sweeping enforcement. By contracting with a private company, the City can redirect existing personnel and resources to handle quality of life issues, citizen complaints, and other community priorities. Based on a thorough evaluation of all proposals, and a review of the cost for services for maintaining in-house street sweeping enforcement, it was determined the proposal submitted by Allied Universal Security Services represents the best value to the City. The initial annual cost for services is $362,000, which represents a significant one-time and annual cost savings when compared to maintaining the services in-house. The annual cost in the two subsequent years is anticipated to be approximately $373,000 and $384,000 respectively. The contracted company will be driving fuel-efficient vehicles which will be branded to match the existing fleet. Allied Universal will use improved technology and analytics to more effectively monitor their employees and street sweeping enforcement efforts. This will lead to positive outcomes for the City and the community by further supporting Department and City strategic goals. The Huntington Beach Police Department has met with Allied Universal Security Services leadership and outlined the street sweeping enforcement route information as well as the expectations of the City to improve street sweeping enforcement services while improving customer service. Allied Universal Security Services has clearly demonstrated their ability and commitment to meet the City's expectations with their written proposal as well as during the interview process. City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 pcwereAb LegistarT^ File #: 19-967 MEETING DATE: 11/18/2019 No city staff will be laid off as a result of the outsourcing. It is recommended the City Council award a service agreement to Allied Universal Security Services for City-wide street sweeping enforcement services for a not to exceed amount of$1,119,000 for three (3) years. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Contract with Universal Protection Services, LP, DBA Allied Universal Security Services 2. Proposed Contract Exhibit A 3. Proposed Contract Exhibit B City of Huntington Beach Page 3 of 3 Printed on 11/13/2019 powerec42y LegistarT`� City Council/ ACTION AGENDA November 18, 2019 Public Financing Authority Recommended Action: A) Approve an additional appropriation of $150,000 for Fire Prevention inspection, plan check and environmental engineering services as these expenditures are primarily cost-neutral and generally offset by reimbursements from developers and revenues generated from inspection and plan review services; and, B) Increase the Fire Department's professional services authority by $150,000 to ensure compliance with Administration Regulation No. 228, Approved 7-0 14. 19-967 Approved contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Approved 7-0 as amended to document defunding of five (5)parking enforcement officer positions;return to Council in six months with an update on enforcement 15. 19-1038 Approved First Amendment to Lease between the City and Kokomo's Surfside Grill, Inc., for a Beach Food Concession at the Marine Safety Education Center and approved Consent to Assignment and Assumption of Lease for Kokomo's Concession Recommended Action: A) Approve and authorize the City Manager to execute the Consent to Assignment and Assumption of Lease Agreement for Kokomo's Concession; and B) Approve and authorize the City Manager to execute the First Amendment to Lease dated September 5, 2017 between the City of Huntington Beach and Kokomo's Surfside Grill, a California Corporation for a Beach Food Concession on the first floor level of the Marine Safety Education Center. Approved 7-0 16. 19 1129 Adopted Resolution 2019-11 approving a summary vacation of an easement over a portion of 13th Street and Crest Avenue; adopted Resolution 2019-77 declaring a strip of City-owned property as surplus property; approved Quitclaim Deed for ownership of easement and the agreement for sale of surplus real property between the City and Dawn and Naomi Shimoda; and, authorized recordation of resolutions and exhibits with the Orange County Page 4 of 8 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES,LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AGREEMENT("Agreement")is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City,"and Universal Protection Services, LP DBA Allied Universal Security Services(AUSS), a California corporation,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of street sweeping enforcement services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement,Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington ;Beach Municipal Code Chapter 3.02. NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Steve Clayton,Regional President, Southwest Division(UASS),who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 19-8160/217547 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit`B." The total sum to be expended under this Agreement, shall not exceed Three Hundred Sixty Two Thousand Dollars ($362,000) during the first year of the contract, Three Hundred Seventy Three Thousand Dollars ($373,000)during the second year of the contract,and Three Hundred Eighty Four Thousand Dollars ($384,000) during the third year of the contract. During the life of the three (3) year contract,the cost is anticipated to not exceed One Million One Hundred Nineteen Thousand Dollars ($1,119,000). b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit`B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence January 1, 2020, or as soon as practicable after the execution of this Agreement by City(the"Commencement Date") and terminate January 1, 2023,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date,Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder,including, without limitation,all original drawings,designs,reports,both field and office notices, calculations, computer code, language,date or programs,maps, memoranda,letters and other documents, shall belong to City,and Contractor shall turn these materials over to 19-8160/217547 2 City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Harmless Contractor hereby agrees to protect,defend, indemnify and hold harmless City, its officers, elected or appointed officials,employees, agents, and volunteers from and against any and all claims,damages,losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property,arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties,against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily 19-8160/217547 3 injury and property damage, including products/completed operations liability and blanket contractual liability,of One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30)days' prior written notice; however,ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in 19-8160/217547 4 this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is,and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses,if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of _ performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements,oral or written,between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, 19-8160/217547 5 orally or otherwise,have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other parry via personal delivery,a reputable overnight carrier or U.S.certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Universal Protection Services, LP Attn: Lieutenant David Dereszynski DBA Allied Universal Security Services 2000 Main Street Attn: Steve Clayton Huntington Beach, CA 92648 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 19-8160/217547 6 19. Consent When City's consentlapproval is required under this Agreement,its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles,captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret,define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract,then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 19-8160/217547 7 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement,it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this,Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed,religion,sex, marital status, sexual orientation,age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,training,utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity,interpretation,performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19-8160/217547 8 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses,permits,approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits,licenses, approvals,waivers,and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorne 's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement.shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power,authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntaxily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises,agreements or warranties, oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 19-8160/217547 9 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a Universal Protection Services,LP municipal corporation of the State of DBA Allied Universal Services California By: IG ayor Print name ITS: (circle one)Chairman/President/ ( 4�� Vice President City Clerk iZA?w )s AND By: INITIATED AND APPRO D: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED A FORM: City Attorney ,).t,� VIE D DAP OVE c t City Manager 19-8160/217547 10 EXHIBIT A 1. SCOPE OF PROJECT 1. CONTRACTOR QUALIFICATIONS CONTRACTOR must meet all of the following requirements,which may be waived only at CITY's sole and absolute discretion: Personnel Information The names and resumes of the principal officers,partners,and or officials shall be submitted to the City for review. The names(s)and resume(s) of the individual(s)who will be considered in responsible charge of the City of Huntington Beach street sweeping enforcement contract shall be clearly indicated. Parking Enforcement Officer's(PEO), including the Parking Enforcement Supervisor,must be capable of communicating effectively in English in order to communicate with City staff and residents,if needed. CONTRACTOR's drivers shall maintain safety and driving records in accordance with Federal, State, County, and City regulations. The names and years of experience of each PEO and backup personnel with copies of State of California Department of Motor Vehicles records are also to be submitted. PEO's must have at least three years of driving experience. PEOs' DMV record shall not have 2 or more violation points in a 12-month period. A DUI and Hit&Run each constitute 2 violation points (Vehicle code section 12810). PEOs shall be equipped with cellular phones. Operators shall be required to answer or return any cell phone calls within five minutes. Operators must adhere to California Senate Bill 1613 requiring the use of a hands-free device when using a cell phone while driving. Subcontractors If applicable,the CONTRACTOR must include in their proposal complete identification of all subcontractors, including business address,telephone number,point of contact and work to be performed. For subcontractors performing the work called out in this agreement,the same information requested of CONTRACTOR must also be provided for the subcontractor. Equipment CONTRACTOR shall furnish five(5)primary street sweeping enforcement vehicles. Four (4) shall be for the Parking Enforcement Officers (PEO) and one(1) shall be for the supervising PEO. Each vehicle shall be no more than one-year-old at the time the contract begins and is good working order. It shall be branded in accordance with the agreed upon images, language, and markings. 1 EXHIBIT A CONTRACTOR must have sufficient back-up vehicles to perform services when primary vehicles are unavailable due to repairs or maintenance. The equipment shall be sufficient to perform the work required herein during the hours specified. In the event a primary street sweeping enforcement vehicle requires repair or replacement,a back-up vehicle must be available so that the established sweeping schedule does not fall behind. The successful CONTRACTOR shall be responsible for the repair, maintenance, and service of its street sweeping enforcement equipment. Existing Inventory CONTRACTOR must provide a detailed inventory of the CONTRACTOR's equipment and accessories that will be used to fulfill this contract. The inventory of the street sweeping enforcement vehicle equipment shall include the following: • Type,model/brand, year of manufacture, and the date the vehicle was acquired. • Service records for each vehicle with total number of miles and hours(miles only,if vehicle is not equipped with an hour meter)each vehicle has been in service. • Anticipated remaining useful life as of the date of inventory. • Type and manufacturer of recording device for hour of operation,miles per hour,and Global Positioning System(GPS)tracking system. All initial vehicles used shall not exceed one(1)year in age. Age of vehicle shall be determined and verified by California Department of Motor Vehicle(DMV)registration. All vehicles shall be in "good" condition. A vehicle in good condition, on the whole,must not have any major flaws(no body damage). The interior and exterior must have very few,if any, apparent dings, scratches,or defects, and the paint is still intact. The body of the vehicle should be rust-free or have very little rust. The tires must all match with little wear. Vehicles shall be subject to inspection by the Fleet Supervisor or his designee. The Fleet Supervisor or his designee reserves the right to require any corrections deemed necessary to reflect acceptable service standards. Vehicles must have means to monitor locations, speeds,hours of operation for reporting purposes. ""Refer to Track, Gather, and Provide Real-Time Data in this section." Vehicles shall have the City logo on the front driver and passenger doors,the Allied Universal logo on the rear driver-side and passenger-side doors, and have must include the phrase "Under contract with The City of Huntington Beach" in six-inch(6)letters on both sides of the vehicles. Final approval of signs must be granted by the Traffic/Special Events Unit Commander or his designee prior to use. 2 EXHIBIT A Leased Equipment All leased equipment shall be listed separately with the same detailed existing inventory listing from the previous section;the time remaining on each vehicle's lease and options for renewal,where applicable, shall be stated. II. SCOPE OF WORK CONTRACTOR shall use and furnish, at the firm's own expense,all labor, equipment, and materials necessary for the satisfactory performance of the street services set forth herein. The work to be performed under these specifications consist of providing street sweeping enforcement services for the City of Huntington Beach in pre-designated areas of the CITY on CITY determined schedules and at CITY selected hours of each day of the week. Street Sweeping Enforcement Description General—The service provider will provide street sweeping enforcement services to approximately 1,121 miles of mostly residential roadways. There are four(4) daily street sweeping routes,which take place between 8:00 am and 4:00 pm. Some routes have different start times and the CONTRACTOR will be provided with a detailed schedule by the CITY. During periods when there is no scheduled street sweeping(i.e. holidays,fifth weeks of the month),the PEO's will not be needed. The CITY will only be billed for services rendered. If services are not needed,the CITY will make our best efforts to provide 24 hour notice to the CONTRACTOR. In situations where this is not possible, or the CONTRACTOR reports for duty to find a full day of services is not needed,the CITY intends to utilize the PEO's for a minimum of four hours of work. During these periods,the PEO's will be tasked with patrolling on-street and off-street parking areas to enforce fire lane violations,disabled parking violations, scofflaw violations, report signage and markings deficiencies, or perform other mutually agreed upon tasks/enforcement. Pre-designated areas consist of the following: • Various districts of residential local streets. • Various areas posted for one side sweeping per sweeping day within posted time frames. 3 EXHIBIT A • Various areas of residential local streets posted for days of the week and at posted time frames. • Arterial Highways, Majors, Primaries,and Secondaries. • Curb and Gutter sides, curb and gutter medians, curb and gutter one side, i.e. perimeters. • Painted medians. • City parking lots. • Commercial/Industrial areas. Pre-Determined Schedules Residential local streets shall be swept once per week or twice per month as directed, on various days of either 1 st, 2nd, 3rd, or 4th week of the month. Posted residential locals have time frames in addition to the daily schedules that must be adhered to. Arterial median,painted median lanes,and intersections shall be swept in conjunction with Route 4,or as directed by the City. III. GENERAL SPECIFICATIONS Holidays CONTRACTOR shall not provide street sweeping enforcement services on any of the following Holidays:New Year's Day,President's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving, Friday after Thanksgiving, and Christmas Day. Street sweeping enforcement does still take place on Martin Luther King Day and Veteran's Day. Prior to commencement of contract work,agreement on days of make-up sweeping due to holidays shall be reached by comparing those recognized by the bargaining units of the City, CONTRACTOR's operators,and refuse disposal personnel. Those holidays that are the same in all three groups shall become the official list for this contract and shall be recorded as such by a letter to file. Sweeping Services Management Plan CONTRACTOR shall have a plan for ensuring all street sweeping routes are enforced. The Management Plan must include solutions that consider population growth,parked cars, refuse pickup services, etc. CONTRACTOR is encouraged to use the latest technological advances in their plan to achieve their management plan objectives. In order to give CONTRACTOR a more accurate idea of the scope of work,the approximate annual curb miles are as follows: 4 EXHIBIT A Residential Streets: 30,060 CM Arterial Streets: 700 CM Raised and Painted Medians: 1,030 CM Delays in Street Sweeping Enforcement In the event of inclement weather,CONTRACTOR shall not be required to perform regular scheduled street sweeping enforcement. CONTRACTOR shall, immediately upon direction from the Public Works Street Department Lead Worker or authorized designee, sweep any streets that become littered with storm debris or become impassable due to collected water. During inclement weather which prevents adherence to the regular sweeping schedule for two (2)or less days in a given week,the sweeping areas so affected by the weather shall be swept within five(5) days of the scheduled sweeping without interruption of the regular sweeping schedule. The Maintenance Operations Manager or authorized designee reserves the right to determine what constitutes inclement weather. CONTRACTOR shall perform all extra work required by such inclement weather without additional charge and shall provide CITY with a schedule of when the makeup sweeping will be completed. Track,Gather, and Provide Real-Time Data The selected vendor must have the ability to track, gather, and provide real-time data with the use of a GPS tracking system, or acceptable alternate system,for each PEO vehicle while performing services for the CITY. Real time access to GPS shall be provided to CITY. CITY will request a report,on an as-needed basis,that includes,but not limited to the following: a. Speed b. Direction c. Location on map d. Address e. Distance traveled The recorded data intervals must not exceed one(1)minute between records(Ping Rate equal to or less than one (1)minute)and the searchable records must be kept for a minimum of six (6)months. Communication CONTRACTOR shall provide equipment for two-way voice or text message communication between the City of Huntington Beach and the individual sweepers. Contractor Response CONTRACTOR shall respond within 24 hours to requests or complaints from the CITY. Speed Limit of Street Sweeper Enforcement Vehicles 5 EXHIBIT A Sweepers shall not operate above posted speed limits. Street Sweeping Enforcement Complaints CONTRACTOR shall investigate any resident complaints that may concern or involve the performance of the PEO and their operation. CONTRACTOR shall report to the Traffic/Special Events Unit Commander or authorized designee on the following working day as to the action or procedure taken with reference to any complaints, Storage of Equipment The CITY shall provide five parking spaces at the Public Works-City Corporation Yard at 17371 Gothard St. for the storage of the CONTRACTOR vehicles during periods of non-use. While these vehicles are in use,the CITY will allow the CONTACTOR's employees to park their personal vehicles in this space. The CITY will provide a location for the CONTRACTOR to retrieve, store, charge,the hand-held ticket writing devices. Courteous Operation CONTRACTOR shall perform street sweeping enforcement operations in a manner that causes a minimum inconvenience to the residents and businesses within the CITY. CONTRACTOR shall ensure that PEO's conduct their activities in a professional and courteous manner. Accident Reports CONTRACTOR shall provide a copy of a detailed written report of any and all accidents involving CONTRACTOR's vehicles,personnel and/or equipment while operating within the City to the designated City representative within twenty-four(24)hours from the date and time of the accident. Said report shall include the date and time of the accident and a copy of any law enforcement reports or reference identification resulting from the accident. CONTRACTOR shall provide the name and contact information of CONTRACTOR's safety officer,including cell phone for emergency contact. Record Keeping CONTRACTOR shall maintain a daily log detailing enforcement areas each day,scheduled areas missed, date and time missed areas,reasons scheduled enforcement was not performed or completed as scheduled, and total citations/warnings written in the City of Huntington Beach. The report shall also specify the number and nature of complaints received, when they were responded to, and how the complaints were resolved. CONTRACTOR shall submit to the City a monthly and an annual report that summarizes curb mileage for residential, arterial,and industrial areas enforced. CONTRACTOR shall meet all Federal, State, or Local regulations pertaining to street sweeping enforcement equipment operation. 6 EXHIBIT A CONTRACTOR shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency, Compensation & Invoicing Compensation for all services shall be based on the proposed and awarded fee schedule,per the specifications and details in this Agreement. Invoices submitted by CONTRACTOR shall be paid in accordance with the terms stated on the signed Agreement. The approved pricing shall remain in effect unless modified by mutual written consent of both parties. CITY requires the CONTRACTOR to provide monthly invoices for services. Upon the request of the City,the CONTRACTOR shall submit the following information per vehicle: • GPS Data • Water usage and meter reads including the date the meter was read • Sweeper CNG usage • Routes completed • Curb miles swept • Complaint log Liquidated Damages Failure of the CONTRACTOR to complete the work in accordance with the specifications will result in damages being sustained by the CONTRACTOR. The following are cause for liquidated damages: a. Missing scheduled sweeping days without providing prior notice to,and acknowledgement by,the Operations Manager, or authorized designee(including inclement weather). b. Poor results. c. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts,CONTRACTOR will be notified in writing by the City. CONTRACTOR shall respond within five(5)days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by CONTRACTOR within a thirty-day(30)period,the City shall have the right to withhold payment of$500.00.Each separate and subsequent occurrence of the same act shall result in a liquidated-damages charge in the amount of $500.00. Additional/Added Posted Streets In the event of additional posted streets are added in the City of Huntington Beach,the Public Works Street Department Lead Worker or his designee shall place them on the appropriate Sweep Schedule. CITY will provide thirty(30) days,written advance notice of changes to the route or the frequency. 7 EXHIBIT A Measurements It is the responsibility of CONTRACTOR to make all measurements to determine his proposal price. The City of Huntington Beach will not be responsible for determining the quantities of materials necessary to complete the work specified. City of Huntington Beach Business License CONTRACTOR and any Subcontractors are required to obtain a City of Huntington Beach Business License prior to award of Contract,and to maintain the license for the entire term of the Agreement. Uniforms The CONTRACTOR will provide uniforms to the PEO's and PEO Supervisor. The uniforms shall consist of: A white military type shirt with shoulder epaulets,two pleated chest pockets with three-point flaps,permanent military creases,reinforced sewn-in badge tab,pleated pockets with pen slot, and three-point scalloped flaps. The shoulders shall be adorned with Allied Universal shouldn't patches,the employee shall wear a badge with identification number clearly visible,and a name plate over the right chest pocket to include the first name initial and last name. Black uniform pants or shorts are authorized to be worn with a duty belt. Employees can wear a black baseball cap with the Allied Universal marking on the front. Black crew or ankle height socks are authorized with black shoes. Term of Agreement The City, at its option and with CONTRACTOR concurrence,may renew this Agreement for two (2) additional one-year(1)periods on the same terms and conditions as provided herein, including a provision for a Consumer Price Index(CPI)adjustment in the cost of the Agreement. This option may be exercised only if the CONTRACTOR demonstrates superior performance in providing services during the prior three-year(3)Agreement term and in each successive one-year(1)term thereafter. If an increase in compensation for service in succeeding option periods is requested,the CONTRACTOR must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to negotiate, accept, or reject the CONTRACTOR's requested compensation increase. This Agreement's compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers(CPI-U) for Los Angeles-Riverside-Orange County, CA, changes over the previous contract period. Requests for price changes must be made by the CONTRACTOR in writing sixty(60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. Compensation increases shall only be considered at the expiration of each two- year(2)contract extension period. 8 EXHIBIT B Payment Schedule A. Rate All rates and charges per the attached Exhibit A. B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. CONTRACTOR shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) .Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due. D) Include number of citations written, complaints received, miles driven, or other mutually agreed upon details. 3. Upon request of CITY,CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Maintenance Operations Manager or authorized designee (including inclement weather). C. Liquidated Damages (continued) 4. Poor results. S. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. City Wide Street Sweeping:Exhibit B 1 of 2 Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five(5)days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. City Wide Street Sweeping:Exhibit B 2 of 2 Su iiy INSURANCE AND INDEMNIFICATION WAIVER �a MODIFICATION REQUEST 1. Requested by: Lieutenant David Dereszynski 2. Date: October 31, 2019 (/ 3. Name of contractor/permittee: Allied Universal Security Services 4. Description of work to be performed: Street Sweeping Enforcement 5. Value and length of contract: $1,119,000 - Three (3) Year Term 6. Waiver/modification request: $1.75 million SIR on Professional Liability 7. Reason for request and why it should be granted: _Unable to comply with requirements see attached financials. 8. Identify the risks to the City in approving this waiver/modification: N/A 4Dpartment ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's ffice disagree. 1. rApproved anagement ❑ Denied Si ture Date 2. City Attorney's Office Approved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denie4 Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources sty 10/31/2019 10:15:00 AM ® DATE(MMIDDIYYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 1111412019 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 endorsement(s). PRODUCER CONTACT MARSH USA INC NAME: PHONE FAX 1717 Arch Street (AIC..No.-Ext)• Alc No): Philadelphia,PA 19103 E-MAIL Attn:Philadelphia.certs@marsh.com/Fax:(212)948-0360 AD_PR04: INSURER(S)AFFORDING COVERAGE NAIC A CN118025105-ALL-Prof-19720 _ _ INSURER A:Lexington Insurance Company _ 19437 INSURED 22322 Allied Universal Topco,LLC INSURER B:Greenwich Insurance Company (See Attached for Additional Named Insureds) INSURER c:XL Insurance America 24554 161 Washington Street,Suite 600 INSURER D:Indian Harbor Insurance Company 36940 Conshohocken,PA 19428 INSURER E:XL Specialty Insurance ComDanv 37885 INSURER F COVERAGES CERTIFICATE NUMBER: CLE-006502213-07 REVISION NUMBER: 5 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 TYPE OF INSURANCE ADDL SUER POLPOLICY NUMBER MM1DDmYY POLICY LIMITS EXP LT A X COMMERCIAL GENERAL LIABILITY 082695264 11/01/2019 11101/2020 EACH OCCURRENCE_ $ 10,000,000 DAMAGE TO RENTED 10,000,000 CLAIMS-MADE ` _J OCCUR PREMISES Ea occurrence $ __ Professional Liability is included MED EXP(Any one person) $ X SIR$1,750,000 In the General Liability limit. PERSONAL a ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 qPOLICY JE C ❑LOC PRODUCTS-COMPIOP AGG $ 10,000,000 PRO- OTHER: $ B AUTOMOBILE LIABILITY RAD9437818-03 11/01/2019 11/0112020 COMBINED SINGLE LIMIT $ 5,000,000 _ _(Ea accident X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSAPPROVED AS TO FORM X HIRED X NON OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per_accident UMBRELLA LIAR X OCCUR R 11/01/2019 11/01/2020 EACH OCCURRENCE $ 10,000,000 MM E.GATES X EXCESS LIAB CLAIMS-MADE EXCIM ITY AGGREGATE $ 10,000,000 DED RETENTION$ CM OF HUNTINGTON BEACH $ C WORKERS COMPENSATION RWD3001203-03(AOS) 11/01/2020 X I PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER - E YIN RWR3001204-03(WI) 11/0112019 11/01/2020 1,000,000 OFFICER/MEMB REXCLUDE rN] NIA ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If as,describe under 1,000.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY 082695264 11101/2019 11/0t/2020 LIMIT 2,000,000 COMBINED WITH GL LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as additional insured where required by written contract with respect to General Liability and Auto Liability.Liability coverage shall be primary and noncontributory where required by written contract.Waiver of subrogation is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:David Dereszynski THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjeeav�o.�►+ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD A1*Rom® CERTIFICATE OF LIABILITY INSURANCE DATE( YYYY) 10131/20192019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC NAME: 1717 Arch Street PHONE FAX xtI, _ (A/C,No): Philadelphia,PA 19103 E-MAIL Attn:Philadelphia.certs@marsh.com 1 Fax:(212)948-0360 A DR s: INSURERS AFFORDING COVERAGE _ NAIC0 CN 118025105-XXX-GAWU-18-19 INSURER A I Le%iODIOn IOSiyanCe Company 19437 INSURED INSURER B_Greenwich Insurance Com 22322 Allied Universal Topco,LLC P_an�-_��__ (See Attached for Additional Named Insureds) INSURER C:XL Insurance America _ 24554 161 Washington Street,Suite 600 Conshohocken,PA 19428 1INSURER D:Lloyd's Syndicates-See Acord 101 wsuRER E:XL S e;ially Insurance Compan 37885 INSURER F COVERAGES CERTIFICATE NUMBER: CLE-006502213-01 REVISION NUMBER: 1 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIODNYYYI (MMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY 082695264 1110112018 1161019 EACH OCCURRENC ED E $ 10,000,000 DAMAGE TO RENT CLAIMS-MADE X OCCUR PREMISES Es occurrence S —`10,000,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ X SIR$1,750,000 PERSONAL&ADV INJURY $ 10,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X nPOLICY PRO- JECT n L_1 LOC PRODUCTS-COMPIOP AGG $ 10,000,000 OTHER: $ B AUTOMOBILE LIABILITY RAD9437818.02 11/01/2018 11101/2019 CEa accident OMBINED SINGLE LIMIT $ 2,000,000 IANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident X $ X UMBRELLA LIAR X OCCUR BOWCN1800836 1V0112018 111010019 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB _CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION RWD3001203-02(AOS) 11/01120 X J PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER E ANYPROPRIETORIPARTNERfEXECUTIVE _f N RWR3001204-02(AK&WI) I V0112018 11101/2019 E.L.EACH ACCIDENT $ 1,000,000 OFFICE RIMEMBER EXCLUDED? N NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 if es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000.000 Oars DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached 11 more space Is required) The City o(Huntinglon Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as additional insureds(except for workers'compensa a re uired by written contract. Liability coverage shall be primary and non•conifibutory where required by written contract.Waiver of subrogation is applicable where required by written cor�t act. Y Y AEL .G CITY A � G 1 ON of HUN G Eat ACH CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Alin:David Dereszynski THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee J1Lrx�,�nor : �4,.Cori @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN118025105 _ LOC#: Philadelphia ACC)R"® ADDITIONAL. REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED MARSH USA INC Allied Universal Topco,LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street,Suite 600 Conshohocken,PA 19428 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Universal Protection Service,LLC,dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service,LLC,dba Allied Universal Security Services Universal Protection Service,LLC,dba Allied Universal Security Services,LLC Universal Protection Service,LP Universal Protection Service,LP,dba Allied Universal Risk Advisory and Consulting Services Universal Protection Service,LP,dba Allied Universal Security Services Universal Protection Service,LP,doe Allied Universal Security Services,LP Universal Services of America,LP Universal Thrive Technologies,LLC Universal Thrive Technologies,LLC,dba Affect Universal Technology Services Universal Thrive Technologies,LLC,dba Allied Universal Monloring and Response Center Universal Thrive Technologies,LLC,dba Thrive Intelligence U.S.Security Associates Holding Corp. U.S.Security Associates Holdings II Corp. U.S.SecurilyAssoclates Holdings,Ina U.S.Security Associates Staffing,Inc. U.S.Security Associates,Inc. U.S.Security Holdings,Inc. Vance Executive Protection,Inc. Vance International Consulting,ina Umbrella Liability Carriers Loyds-Apollo Corwrilum-AA1Np AA-1122000(851/6) Lloyds-Hamilton Re,Ltd.•AIIN If AA3191190(151/6) ACORD 101 (2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: RAD943781802 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: November 1,2018 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 ENDORSEMENT#24 This endorsement,effective 12-01 AM 1 1-1A8 Forms part of policy number-082695264 Issued to:ALLIED UNIVERSAL TOPCO LLC By: LEXINGTON INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: SECURITY GUARD GENERAL AND PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition(Section IV—CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and Included in the"products-completed operations hazard."This waived applies only to the person or organization shown In the Schedule above. Ali other terms and conditions remain as written, i4ed OR LEXDDCO21 LX0404 o Ocean View School District 17200 Pinehurst Lane, Superintendent Board Of Trustees Huntington Beach CA 92647 John Briscoe President Tel:714 847.2551 Carol Hansen,Ed.D. Gina Clayton Tarvin,Vice President "Equity at Id Fax:714 847-1430 Jack Souders,Clerk Excellence" Web:www.ovsd.org Patricia Singer,Member Norm Westwell,Member SENT VIA ELECTRONIC TRANSMISSION November 18, 2019 Mayor Erik Peterson and Members of the City Council c/o City Clerk, Robin Estanislau CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Re: City Council Consent Calendar for 11-18-2019, Item 14 Approve Contract for Street Sweeping Enforcement Dear Mayor Erik Peterson and Members of the City Council: The Ocean View School District supports that the City Council enter into a three-year contract to enforce street sweeping in Huntington Beach. It is our experience, especially at the Oak View schools located adjacent to industrial zoned uses, that non- enforcement of street sweeping negatively impacts our school children and staff who use school playgrounds for mandatory outdoor activities on a daily basis. It is our hope that enforcement of street sweeping will reduce dust and debris buildup on city streets. We request that the city council clarify what code enforcement procedures will apply to the contractor and how should the community request enforcement of street sweeping. Sincerely, OCEAN VIEW SCHOOL DISTRICT (,A'0_e W*11�� Carol Hansen, Ed-D. Superintendent SUPPLEMENTAL COMMUNICATION k4eeting Cato:,y Agenda Darn No.: Iq 1G1= GI Z City of Huntington Beach { _ - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov 17.ISO Office of the City Clerk Robin Estanislau, City Clerk December 3, 2019 Universal Protection Services, LP DBA Allied Universal Security Services Attn: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 Dear Mr. Clayton: Enclosed is an executed original of the "Service Agreement between the COHB and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services" approved by the Huntington Beach City Council on November 18, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand