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HomeMy WebLinkAboutLyons Security Service, Inc. - 2022-03-28 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LYONS SECURITY SERVICE, INC. FOR CITYWIDE UNARMED SECURITY GUARD 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 LYONS SECURITY SERVICE, INC., a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated March 8, 2022, entitled"Service Agreement Between the City of Huntington Beach and Lyons Security Services, Inc. for Citywide Unarmed Security Guard Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor and extend the term, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed One Hundred Eighty-Eight Thousand Eight Hundred Dollars ($188,800.00). The additional sum shall be added to the original sum of One Million One Hundred Eighty-Eight Thousand Eight Hundred Dollars ($1,188,800.00), for a new contract amount not to exceed One Million Three Hundred Seventy-Seven Thousand Six Hundred Dollars ($1,377,600.00). 25-16575/380383 1 2. TERM The term of the Agreement is extended on a month-to-month basis for up to six (6) months. 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 .11)06 101 -- , 2025. LYONS SECURITY SERVICE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President May AND rr fZ City erk (/ (V By: 9 'cam INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Direr or of m un ty & Library Services APPROVED AS TO FORM: ke- City Attorney 25-16575/380383 2 • EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and ' cost schedule: Item Hrs/Day Day/Week Rate Weekly Weeks Amount Holiday of Holiday Costs Costs/Day Hol Total Park Ranger 8 7 $32.35 $1,811.60 26 $47,101.60 $388.20 4 $1,552.80 Citywide Patrol 16 7 $34.50 $3,864.00 26 $100,464.00 $828.00 4 $3,312.00 City Hall 8 5 $33.35 $1,334.00 26 $34,684.00 $400.20 4 $1,600.80 Total $182,249.60 $0.00 $6,465.60 ' Grand Total $188,715.20 B.' Billing • 1. All billing shall be done monthly for services completed the prior month. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. 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 the number of citations written, complaints received, miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in,or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. 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). 2. Poor results. 3. 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. lci -""'1 LYONSEC-01 EDURHAM A Rop CERTIFICATE OF LIABILITY INSURANCE DATE ry5TT) ��' v2/aoa5 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 bp'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 endorsetnent(s). PRODucER License#0757776 N@ecr Lisa Glynn HUB International Insurance Services Inc. HOONN,Exl): FAX 548 W Cromwell Avenue S I(A/C,No): Suite 101 E-MAIL SS:llsa.glynn@hubinternational.com Fresno;CA 93711 INSURERS)AFFORDING COVERAGE NAIC F INSURER A:StarStOtle Specialty Insurance Company 44776 INSURED INSURER B:Arch Insurance Company 11150 Lyons Security Service,Inc INSURER'C: 505 S.Villa Real Dr.:Suite 203 A INSURER D: Anaheim,CA 92806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED-OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSO SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSo WVD (MMroDIYYYY) (MMrotrNYYY) A X COMMERCIAL.GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCURWS'GL002518 1/1/2025 1/1/2026 DAMAGE TORENTEp 100,000 X x PREMISES(Fa�ysuiceocej $ MED EXP(Any one person) S 5,000 PERSONAL&ADVINJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY X 5' X LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: ERRORS AND OMIS. $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ,lEa as_cidentl S X ANYAUTO ACAT1206701 1/1/2025 1/1/2026 BODILY INJURY(Per person) S OWNED. SCHEDULED AUTOS ONLY _ AUTOSp fp BODILY INJURY(Per accident) $ FARMS ONLY _AUTOS OMLY ( r ac Ra lf,rMAGE $ S A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE WSG0000630 1/1/2025 1/1/2026 AGGREGATE .$ 5,000,000 BED X RETENTIONS 10,000 $ B WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ZAWCI9792801 1/1/2025 1/1/2026 1,000,000 OFFICEWMCMIIEREXCLUDED?ECUTIVE I 'NI NIA X E.L.EACH ACCIDENT $ 1,000000 (Mandatory in NH) 1 EL DISEASE-EA EMPLOYEE$ ' if yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L:DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Reniarks Schedule,may be attached it more space Is requlred) The City,its officers,elected or appointed officials;employees;agents and volunteers are additional insured as respects liability arising o action performed by or on behalf of the contractor,products and completed operations of the contractor,pregibieRpyr e j clesupjqc y t ntractor,or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protec on aff e to the City, Its agents,officers and employees. The endorsement should include the policynumber it correlates too. Endorsements Attached:CG20100704,CG20370413,CIGL300114,CG24040509,WC040306 MICHAEL E,GATES CITY ATTORNEY CITY OF HUNTINGTN BEACH CERTIFICATE HOLDER CANCELLATION .SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF,City of Huntington Beach ACCORDANCE WITH THE POLICY PROVIS ONTSCE WILL BE DELIVERED IN Community&Library Services Dept.-5th Floer 2000 MaIn Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE 0-4 ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • POLICY NUMBER:WSGL002518 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR. CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): Location(s) Of Covered Operations City of Huntington Beach, its officers,elected or appointed Automatic Status Included Where Required by officials,.employees,.agents and volunteers Written Contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" pp y y caused,in whole or in part,by: property damage"occurring after: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the locations) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. • CG 20 10 07 04 ©ISO Properties, Inc.,2004 Page 1 ofl 0 POLICY NUMBER:WSGL0025.18 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or . Automatic Status Included Where Required by Written appointed officials, employees, agents and volunteer's Contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required bythe contract or agreement; or included in the products-completed operations q 9 hazard". 2. Available under the applicable Limits of However: Insurance showh in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement.shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 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. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy#:WSGL002518 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART To the extent that this insurance is afforded to any additional insured under this policy, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,4.Other Insurance,is deleted in its entirety and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and non-contributory,,and the "insured contract" is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the specific extent required by that contract. However,under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will Contribute by limits.Under this method,each insurer's share is based on the proportional ratio of its applicable limit of insurance to the total applicable limits of,insurance of all insurers. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached,effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CIGL 30 01 14 POLICY NUMBER:WSGL002518 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization for whom the insured, prior to a claim,occurrence or incident for which the insured could reasonably expect a claim or occurrence to arise,was required via written agreement or contractual obligation,to waive such rights. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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 waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 POLICY (Ed.0484) POLICY NUMBER: ZAWCI9792801 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration, SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY- LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO 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 01-01-25 Policy No. ZAWCI97 92801 Endorsement No. Insured LYONS SECURITY SERVICE, INC. Premium $ INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By DATE OF ISSUE: 01-01-25 ©1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual©1999. AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LYONS SECURITY SERVICE, INC. FOR CITYWIDE UNARMED SECURITY GUARD 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 LYONS SECURITY SERVICE, INC., a California Corporation,hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated March 8, 2022, entitled"Service Agreement Between the City of Huntington Beach and Lyons Security Services, Inc. for Citywide Unarmed Security Guard Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor and extend the term, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Contractor an additional sum not to exceed One Hundred Eighty-Eight Thousand Eight Hundred Dollars ($188,800.00). The additional sum shall be added to the original sum of One Million Eighty Dollars ($1,000,000.00), for a new contract amount not to exceed One Million One Hundred Eighty-Eight Thousand Eight Hundred Dollars ($1,188,800.00). 24-15534/363519 1 2. TERM The term of the Agreement is extended on a month-to-month basis for up to six(6)months. 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 , .00747.._. I61L, 2024. LYONS SECURITY SERVICE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: 0" tJit tt6t �,;dtic 0 print name ITS: (circle one)Chairman/President/Vice President Ma r AND Ci Clerk By: N-)v l) r;l^010_S �J�«z� �r:aSvrar IN TIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial I A Officer/Asst. Secretary-Treasurer V` irec r of Co ity Library Services APPROV •RM: ty Attorney 24-15534/363519 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and ' cost schedule: Item Hrs/Day Day/Week Rate Weekly Weeks Amount Holiday of Holiday Costs Costs/Day Hol Total Park Ranger 8 7 $32.35 $1,811.60 26 $47,101.60 $388.20 4 $1,552.80 Citywide Patrol 16 7 $34.50 $3,864.00 26 $100,464.00 $828.00 4 $3,312.00 City Hall 8 5 $33.35 $1,334.00 26 $34,684.00 $400.20 4 $1,600.80 Total $182,249.60 $0.00 $6,465.60 Grand Total $188,715.20 B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. 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 the number of citations written, complaints received, miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in,or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. 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). 2. Poor results. 3. 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. 1/('tk. ' . , ------.--, LYONSEC-01 EDURHAM AGORD- DATE(MM(DD/YYYI) �� • CERTIFICATE. OF LIABILITY INSURANCE 1E(MMID024 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 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 certiflcate:holder In Ileu'of such endorsement(s). PRODUCER License#0757776 CONTACT Lisa Glynn NAME: HUB International Insurance Services Inc. PHONE FAX 548 W Cromwell Avenue (AIC,No,Ext): I(NC,Not:. Suite 101 " Wass;lisa.glynn@hUbinternaticinal.corn Fresno,CA 93711 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:PartnerRe InsuranceSolutions Bermuda Ltd. INSURED. INSURER e:ArCh Insurance'Company 11150 Lyons Security Service,Inc INSURER c:Arch Indemnity Insurance Company 30830 505 S.Villa Real Dr.Suite 203 A INSURER n:Gotham Insurance Company 25569 Anaheim,CA 92806 INSURER E: INSURER.F: COVERAGES CERTIFICATE NUMBER: REVISIONNUMBER: 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 AINSD SUER WVD 'POLICY NUMBER (POLICY M ODY/YYYYI (MMIDD/YWY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 E TO RENTE CL JMS•MADE X OCCUR X X ESP-SS-GL-0000130.01 1/1/2024 1/1/2025 PPREMISES(Ea occurrencei S 100,000 MEDEXP(My one parson) $' .5,000 PERSONAL&ADV INJURY S 1,000,000 GENLAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE ,S_ 5;000,000 X, POLICY jECoT_ LOC PRODUCTS-COMP/OP AGG •$ 5,000,000 OTHER: ERRORS&OMISSION S 1,000,000 B AUTOMOBILE LIABILITY Etuich enN1eDn111NGLELIMIT S 1,000,000 X ANY AUTO ZACAT1206700 :QM/2024 1/1/2025 BODILY INJURY(Perpersen) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S A�RT0.5 ONLY — AUTOS NLY PROPERTY P r ac�a t�AMAGE .5 $ A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,00.0 X EXCESS LIA9 CLAIMS-MADE ESP-SS-SX-0000041-01 11112024 1/1/2025 AGGREGATE S 2,000,000 DED RETENTIONS $ C' WORKERS COMPENSATION XI STATUTE ER AND EMPLOYERS'LIABILITY 9112024 1t122Y/N xZAWCI9792800 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT ;$ OFFICCER/MEMBEREXCLUDED? N/A 1,000,000 (Man atory In NH) • • E.L.DISEASE-EA EMPLOYEE S If yes,describe under 1,009,009 DESCRIPTION OF OPERATIONS below - - E.L.DISEASE-POLICY LIMIT $ D Excess Liability- EX202400004508 1/1/2024 1/1/2025 Ode/Agg 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attachedll more space Is required) The City,its officers,elected or appointed officials,employees,agents and.volunteers are additional insured as.respects IlabIlity arising out of act o performederomob by o or on behalf of the bec owed rtprodu is and completedoperatlons of the contractor,premises,o cimos ip h6t1.€el KiLAM o t tic or,or " by r.The coverage shall contain no special limitations on the scope of protection affor.e.1 of City, its agents;officers and employees The;endorsement,should include"the policy number it correlates"to. Endorsements Attached:CG20100413A,CG2037130413,SECCGL10020522,CG24040509,WC040306 BV MICHAEL E.GATES CITY ATTORNEY .CITY OF HUNTINGTON,BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE 'EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. Community&Library Services Dept.-5th Floor 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016103) ©1988-2015,ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD :ti: +V ;_ POLICY NUMBER:ESR,SS-GL-0000130-01 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s),Of Covered Operations City of Huntington Beach its officers,elected or As required by written contract entered into prior appointed officials,employees i agents and to any loss. volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for'bodily injury", "property This insurance does not apply to"bodily injury" or damage" or "personal and advertising injury "property damage"occurring after: caused,in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than eervice, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional instired(s) at the location(s) location of the covered operations has been designated above, completed;or However: .2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CO 20 10 04 13 A 0 Insurance Services Office, inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: 'whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: ESP-SS-GL-0000130-0;1 COMMERCIAL GENERAL,LIABILITY CG 20 37 B 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL,GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or., As required by written contract entered into prior appointed officials,employees, agents and to any loss. volunteers The additional insured status offered by this form is not available on a blanket basis regardless of what is stated in other sections of this endorsement or the policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance; with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part,by required by a contract.or agreement, the most we "Your work" at the location designated and will pay on behalf of the additional "insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less.. insured only applies to the extent permitted This endorsement shall,not increase the applicable by law;and Limits of Insurance shown in the Declarations. 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. CG 20 37 0413 F ©Insurance Services Office, Inc..,2012 Page 1 of 1 Policy#: ESP SS.GL t000.130.01 THIS ENDORSEMENT CHANGES/MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE VER. 2 This endorsement changes/modifies,Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM To the extent that this insurance is afforded to any additional insured under this policy,SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,4.Other Insurance,is deleted in its entirety and replaced with the following condition: 4. Other Insurance 1. If all of the other insurance permits contribution by equal shares,we will follow this method unless the insured is required by written contract executed by both parties, to provide insurance ;that is primary and non contributory, and the 'Insured contract" is executed prior to any loss. Where-required'by'a written contract signed by both-parties,'this insurance will be primary and non-contributory only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 2. Even if the requirements of paragraph A.are met establishing Allis coverage as primary and the additional insured'e.coverage as non-contributory,this coverage'will be excess over any other insurance available to the additional insured which is conferred onto said person or organization by a separate additional insured endorsement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement is attached to and forms a part of the Policy as listed in the Declarations Page or Declarations Extension Schedule,effective on the inception date of the Policy unless otherwise stated. SEC CGL 1002'05 22 Page 1 of 1 POLICY NUMBER: ESP-SS-GL-0000130-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract entered into prior to any loss. • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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 waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 O Insurance Services Office, Inc.,2008 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) POLICY NUMBER: ZAWCI9792800 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO 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 09-01-24 Policy No. ZAWC19792800 Endorsement No. Insured LYONS SECURITY SERVICE, INC. Premium $ INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By DATE OF ISSUE: 09-04-24 ©1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual©1999. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LYONS SECURITY SERVICE, INC. FOR CITYWIDE UNARMED SECURITY GUARD 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 LYONS SECURITY SERVICE, INC, a California Corporation, hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated March 28, 2022, entitled "Service Agreement Between the City of Huntington Beach and Lyons Security Services, Inc. for Citywide Unarmed Security Guard Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Contractor wish to amend the Original Agreement to increase the amount of compensation to be paid to Contractor, NOW, THEREFORE, it is agreed by City and Contractor as follows. 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Contractor 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 Two Hundred Thousand Dollars ($200,000.00). The additional sum shall be added to the original sum of Eight Hundred Thousand Dollars ($800,000.00), for a new contract amount not to exceed One Million Dollars ($1,000,000.00). 22-11775/290159 1 2. SCOPE OF SERVICE The scope of service is expanded to include City Hall. 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( .7Q2022. LYONS SECURITY SERVICE, INC. CITY OF HUNTINGTON BEACH,a municipal corporation of the State of By: K) California V-ej%�to%-0w V print name ITS: (circle one)Chairman/President/V ice President Mayor AND By: City Clerk _ INITIATED AND APPROVED: print name / ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Community&Library Services APPROVED AS TO FORM: City Attorney kkv 22-11775/290159 2 COUNTERPART 2. SCOPE OF SERVICE The scope of service is expanded to include City Hall. 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 \.f��,�d014-, 2022. LYONS SECURITY SERVICE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name WLAAk AL i�JAPIJOA ITS: (circle one)Chairman/President/Vice President Mayor AND City Clerk` 4qR By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Community & Library Services APPROVED Attorney qu 7i COUNTERPART 22-11775/290159 2 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LYONS SECURITY SERVICE, INC. FOR CITYWIDE UNARMED SECURITY GUARD SERVICES THIS AGRF..EMENT ("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 Lyons Security Service. Inc.. 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 unarmed security guard 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: I. 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 Nicholas Guidice. 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 stafl'coordinator to work directly with Contractor in the performance of this Agreement. 21-10802/272995 I 3. Compensation a. Cite agrees to pay, and Contractor agrees to accept as total payment for its services. the rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall have a not exceed amount of Eight Hundred Thousand Dollars ($800,000). b. Pavment by Cite shall be made within thirty (30) days following receipt of proper invoice evidencing work performed. subject to City accounting procedures. Pavment 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 "A." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate January 3. 2025, unless terminated earlier in accordance with the provisions of this Agreement. 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 out\, if the prior written approval of Cite 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 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. 21-10802/272995 2 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 ofthe 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 el 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 Cite 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 Liabilitv 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 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, 21-10802/272995 3 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 Liabilitv 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 "Cite of Huntington Beach, its officers, elected or appointed officials, errlployees, 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; and 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 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. 21-10802/272995 4 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 tenninated 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, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 21-10802/272995 5 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 Emplovees 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 l 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-retum receipt requested: TO City: Contractor: City of Huntington Beach Lyons Security Services, Inc. Community & Library Services Dept. Attn: Nicholas GU1diCC 2000 Main Street 505 S. Villa Real, Suite 203A Huntington Beach, CA 92648 Anaheim, CA 92807-3445 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. 21-10802/272995 6 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. 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: 21-10802/272995 7 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 lays 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. 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. 21-10802/272995 8 30. Attornev'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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and contest 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 tact, 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 arms 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 part), has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21-10802/272995 9 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 Lyons Security Service, Inc. Municipal corporation of the State of California By: City M er print name ITS: (circle one) INITIATED AND APPROVED: Chairman/President/Vice President AND Director o ommunity & Library Services By: APPROVED MORM: print name ITS: (circle one) Secretary/Chief City Attorney Financial Officer/ Asst. Secretary - Treasurer Receive and File Zz,6� City Clerk , ITT.Ib z_ AR COUNTERPART 21-10802/272995 10 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shalt be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY 017 HUNTING TON BEACH, a Lyons Security Service, Inc. Municipal corporation of the State of California GC�tCk i C City Manager print name ITS: (circle one) INITIATED AND APPROVED: Chairman/President/Vice President AND Director of Community & Library Services By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief City Attorney `AU Financial Officer/ Asst. Secretary - Treasurer Receive and File City Clerk COUNTERPART 21-10802/272995 t0 EXHIBIT A LYDNIS ALWAYS ON TARGET. SECURITY SERVICE, INC. r.r.a,zar December 6`h. 1021 To the City of Huntington Beach. The City owns,operates, and maintains 79 parks and several library branches and public recreational facilities. Lyons will demonstrate its employees have attended training and received appropriate certification of competence for licensed security officers in California including the ability to write citations when necessary. Lyons Securin Service Inc. security guards will demonstrate high levels of skill dealing with the public.The City will expect the security guards to be pleasant and helpful. Lyons Security will work with the Huntington Beach Police Department or the Homeless Task Force as needed to enforce City and State laws. Lyons Security Service Security guards will assist as witnesses to incidents. Lyons will follow the City's philosophy to address public nuisances promptly and diplomatically through education first if possible,before resorting to other means of compliance. Security guards will not be anned with any type of weapon. Security guards will look and act professional at all tirnes. Guards will be uniformed appropriately to the assignment. When on patrol in a vehicle, the vehicle must be clearly marked and identified as a security guard service with the Lyons' business information. Security guards must be able to pass background checks and drug tests by the Lyons Security Service. Security guards will maintain high visibility to deter illegal activity and nuisances. Security guards must be proactive and reactive to activity that occurs on City properties.Security guards must be proficient in English and in the ability to provide written reports and logs of daily activity. Bilingual security guards are highly desirable based on City demographics. We have been requested to outline the cost for service for the City Security Project.with direct coverage for Central Park and Citywide Parks/City-owned facilities. Here is the breakdown: Current Request for Coverage Citywide Parks and City-owned Facilities Citywide security patrol will include,but is not limited to, parks, libraries,and recreation facilities within the City of Huntington Beach. Lyons Security .will also lock any facilities as deemed necessary by the city. Based on our review of the city needs, the following coverage has been identified: a. Moodav—Friday: 9:00 Apt —2:00 PA 12:30 PM— 10:30 PM b. Saturday: 9:00 AM—5:00 PM; 2:30 PM— 10:30 RM c. Sunday: 10:00 ABM—4:00 PM;6:30 PM— 10:30 PM Total of 101 hours per week Central Park, Dedicated patrol provide park-ranger type patrol services within the park during daylight hours,which vary by season.A unique uniform that is visibly different from other contracted security guard uniforms shall distinguish the park-ranger security guard.The ranger-guards will be required to patrol, monitor and oversee the park in a marked Lyons vehicle,on bicycle.and by foot to promote safe and enjoyable visitations by the public and to maintain order and security. a. Lyons will provide a 8-hour shift Monday—Sunday, hours will vary depending on seasonal needs and city needs. Total of 56 hours per week. Citywide Security Patrol Year I Pricing: $148,051.86 a. Regular Rate: City Patrol Security, Hourly Rate: S27.94 b. Premium Rate: City Patrol Security Hours(7 Holidays). Hourly Rate: $41.91 505 S.ViIla Real-Suite 203A,Anaheim— , ,m-j-%.onsSccurinl ne.com—Telephone:(949)298-6859—GmaiI:reports calyonswcurayinc.com LYONS ALWAYS ON TARGET. SECURITY SERVICE, INC. PAM 12"7 c. 101 Hours Per Week,51 Weeks of Regular Hours and I Week of Premium Rate d. Estimated Weekly Cost: S2,821.94 e. Estimated Year I Cost: S14&151.85 Year 2 Pricing: $155.559.44 We request year 2 of the contract allow, for up to 5% increase($7,407.59)to allow for wage increases for the officers.'rhe Year 2 value would be S155,559.44 Year 3 Pricing: S163.337.41 We request year 3 of the contract allow for up to 5%increase(S7,777.97)to allow for wage increases for the officers.The Year 3 value would be S 163,337.41 Central Park, Park Ranger: Year I Pricing: S82.088.16 a. Regular Rate,8 flours : S27.94 b. Premium Rate(7 1folidays): S41.91 c. Estimated Weekly Cost: S1,564.64 d. Estimated Year I Cost: S82,088.16 Year?: S86,250.78. 5% increase of$4.107.18 Year 3: S90.563.32, 5%increase of S4,312.54 Year I Additional Events and/or unplanned services: Unarmed Security Guard: S27.94 I loliday Unarmed Security Guard: $41.91 Armed Security Guard: $37.37 1ioliday Armed Security Guard: S56.05 505 S.Villa Real,Suite 203A,Anaheim—%�..t.yons$ceurny nc.com—Telephone.(949)298-6859—Email:reponsglyonssecurityme coin LYONSEC-01 F�MUMN_ANDEZ3 �coRo CERTIFICATE OF LIABILITY INSURANCE OA1212812021 12I2812021 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 pollcy(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 a). JI PRODUCER L(LBeSB 0757776 NONTAcT Anthony Cuellar HUB International Insurance Services Inc. PHONE FAX 548 W Cromwell Avenue -(�A�/AC1 Nb,Eat: An:,No): Suite 101 AOD ascanthony_cuellar@hubintemational.com Fresno,CA 93711 INSURERfS)AFFORDING COVERAGE NAICA INSURER A:Allied World Surplus Lines Insurance Company 24319 INSURED INSURER D:Allied Worid Assurance Co Inc 19489 Lyons Security Service,Inc INSURER c:Hartford Accident and Indemnity Company 22357 505 S.Villa Real Dr.Suite 203 A INS ER g Anaheim,CA 92806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR TYPE OF INSURANCE INAA YOGI.AUOL OUR POLICY NUMBER PO4CYEFF POLICY BXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE j 2,000,000 _ICIAIMs..MAOE OCCUR X X 5200212204 11112022 111f2023 DAMAGE 70HEWr:.em,vnl _{ 100,000 MEDEXPL)�gyr�mn�on 3 51000 PERSONAL.A AOV INJURY s 2,000,000 GEN'L AGGREGATE LIMIT APM IFS PER: GENERAL AGGRL'GAIE ; 4,000,000 _ POLICY❑Pry{ 0 LOc PRODUCTS-COMPaP XaG S 41000,000 OTHER, I B AUTOMOBILE LUBIUTY COMBINED SINGLE LIMIT j 1,000,000 X ANY ALTO X X 5202011703 11112022 11112023 BODRY INJURY Per on DIMMED SCHEIXILEC HAHLIpT��O�$ONLY AUTOS BODILY OqDILYI AIRY Pere rl t AIIrO.S ONLY AUiO50fB (f'nReYmJ AA1AGE APPROVED A5 .0 FORM -; UMBRELLA LIAR OCCUR _ EACH OCIXIRAFNC { EXCESS LIAR CLAIMS MADE AGGREGATE ; oeD RETENTIONS __ 8 C. GATES C WORKERS COMPENSATION CCIVA ORN X PER OT11- AND EMPLOYERS LIAOILILY V I N UTE-`1R_ ANY PRCPRIETORRARTNF.RJF.%ECurwE X CITY OF NUNTYNfff1N pp Cj1 16WBQY5463 "1D1'f72g2i -101112022 1,000,000 Weer RF.%CI.tR)F.Bi NIA E.l,_E'A(:lI ACCIDENT_ { (MandabrylnNil F..L. OI.SF.ASE-EA EMPLOYE j 1,000,000 If yyeaa,aeacrWe ender, 1,000,000 OESn(.OFOPERATInNS E.L.DISEASE-POUCY below UMIT 3 A E CRIP SO 5200212204 1/1/2022 111/2023 Each occurence 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Addleenal Remafte Schedule,may be attached If more span Ie ragWmdl Tho City,Its offices,elected or appointed officials,employees,agents and volunteers are additional Insured as respects liability arising out of action performed by or on behalf of the contractor,products and completed operations of the contractor,premises owned,occupied or used by the contractor,or automobiles owned,leased or borrowed by the contractor.The coverage shall contain no special limitations on the scope of protection afforded to the City, Its agents,officers and employees. The endorsement should Include the policy number It correlates to. Endarsomonts Attached:CG2010 0704,00021 00 0709,CG2404 0500,CA20481013,CA0449 1116,CA0444 1013,WC040306 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Community&Library Services Dept.-5th Floor 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED RREEP�PTRESENTATIVE AHRAFGZ2IAIL� ACORD 25(2016103) 0 19 88-201 5 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number:5200212204 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization s : City of Huntington Beach Its officers, elected or ap- 2000 Main Street pointed officials, employees, agents and volunteers Huntington Beach CA 92648 Information required to complete this Schedule if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", 'property This insurance does not apply to "bodily injury' or damage" or 'personal and advertising injury' property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1• All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc.. 2004 Page 1 of 1 ❑ I i Policy Number:5200212204 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a contract or agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. GL 00021 00(07109) COMMERCIAL GENERAL LIABILITY Policy Number:5200212204 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery In a written contract provided such a 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 following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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 waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 (P Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Policy Number: 5202011703 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Lyons Security Service Endorsement Effective Date: 01/01/2022 SCHEDULE Name Of Person(s) Or Organ lzatlon(s): Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident`, occurrence, loss, injury or damage. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an 'Insured" under the Who Is An Insured provision contained in Paragraph A.1, of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number. 5202011703 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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. A. The following is added to the Other Insurance 8. The following is added to the Other Insurance Condition in the Business Auto Coverage Farm Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an"insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured CA 04 49 11 16 0 Insurance Services Office, Inc., 2016 Page 1 of 1 Policy Number: 5202011703 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 Fonn 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: Lyons Security Service Endorsement Effective Date:01/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket Basis—Any person or entity that the named insured through written contract or agreement agrees to waive subrogation. 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 AAA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 16 WB QY5463 Endorsement Number: Effective Date: 10/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: LYONS SECURITY SERVICE PO BOX 18955 ANAHEIM CA 92817 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 2 % of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 09/28/21 Policy Expiration Date: 10/01/22