HomeMy WebLinkAboutWACHTER, INC.INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
S • 1- ?� I-
�R � J DATE: -
AGREEMENT TO PROVIDE VIDEO SURVEILLANCE
?WA cOx CIOLIM MAINTENANCE SERVICES ON AN ON -CALL BASIS
N-2021-043
THIS AGREEMENT is made and entered into this 1st day of March, 2021 by and between
Wachter, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a contractor to provide on -call services to maintain the
video surveillance system at the Santa Ana Regional Transportation Center.
B. Contractor originally installed the system and represents that it is able and willing
to provide such services to the City following the expiration of the system's
warranty period.
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 professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Contractor shall perform the
services that are described in Exhibit A.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit A.
The total sum to be expended under the term of this Agreement shall not exceed
$10,000.
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 and Scope of Work, which may reasonably
be expected by City.
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3. TERM
This Agreement shall commence on the date first written above and terminate on
February 28, 2022, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Contractor under this Agreement ("Documents & Data").
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
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bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the
amounts provided by the certificates of insurance shall be incorporated by
reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
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7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
8. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Contractor under this Agreement.
9. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
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information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
To Contractor:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-2I )
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
Wachter, Inc.
17536 Von Karman Ave
Irvine, CA 92614
Copy to:
Wachter, Inc.
16001 West 99th Street
Lenexa, KS 66219
Attn: Phil Kennedy
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days afler it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
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addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, 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.
13. ASSIGNMENT
Inasmuch as 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 consultants retained by City.
14. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
15. 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 Executive 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 to the City's use thereof for such purposes as the City deems
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appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
17. JURISDICTION -VENUE
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.
18. PROFESSIONAL LICENSES
Contractor shall, throughout 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 Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, 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.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
-- signatures on next page --
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N-2021-043
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
DAISY GOMEZ L\?
Jerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By. * 1,- -f....4-
John M.Funk
Senior Assistant City Attorney
FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISE RI
City Manager
CONTRACTOR
Name: Phil Kennedy
Title: Vice President
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EXHIBIT A
Wachter, Inc. Colin Angus, Project Manager
16001 West 99th Street Office: 949-829-9700
Lenexa, KS 66219 Cell: 949-246-4278
wachter.com Colin.angus@wachter.com
Wachter Proposal
for
City of Santa Ana
Proposal # 68649 v1
SARTC VSS Service SLA
Statement of Confidentiality
0
Wachter
Proposal Issued:
1/1/2021
Proposal Valid until:
12/31/2021
This proposal and supporting materials contain confidential and proprietary business information of Wachter, Inc.
These materials may be printed or photocopied for use in evaluating the proposed project, but are not to be shared outside of your organization.
L,
wachter
Introduction
■ Thanks
Thank you for the opportunity to provide the following
proposal for the City of Santa Ana project.
We appreciate your consideration of Wachter — our goal is to
deliver a successful project and build a lasting partnership
with your firm.
■ The Wachter Advantage
■ Wachter At a Glance
Founded:1930
Corporate Structure: Privately Held
Total Employees: 1,400
Headquarters: Lenexa, KS
Regional Offices: 12
wachtercom I City of Santa Ana
Wachter is a leading nationwide solutions integrator offering Wachter designs, installs, and maintains these complex
managed services, electrical systems, IT networks, systems, providing clients with a competitive edge by
Audiovisual, industrial automation, and safety and security increasing productivity, lowering operational costs, and
solutions. streamlining internal processes.
Wachter is here to keep critical systems delivering a return on your investment.
Pricing
Service Rates
• Time and Materials pricing provides City of Santa Ana, with a 'Dispatch Fee' and an 'Hourly Rate' for onsite
labor.
• Dispatch fee and/or hourly rates vary based on the 'Priority Code' assigned, and are for service and MAC work
only.
• Dispatch fee includes first hour on site for all priority codes. Any additional hours on site after the first hour will
be billed the hourly rate for that priority code.
• OT rate shall apply to onsite labor outside of M-F, 8-5 local; including weekends and holidays.
P1 Next Day
$365
$90
$120
P2 72 Hours
$305
$90
$120
P3 3-5 Days
$265
$90
$120
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Return Trips & Per !diem Fees
In the event that work cannot be completed in a single day, or continuing to work would violate Wachter safety policies;
additional charges may apply.
• If the technician is within two hours from his home address, an additional dispatch fee will be charged for the
return trip the next day.
• If the technician is more than two hours from his home address, $145 for Per Diem will added to the invoice.
• If return trip is required due to equipment order, end user turn away, etc., an additional dispatch fee will be
charged for the return trip.
• City of Santa Ana will always be notified prior to incurring a return trip or Per Diem fee.
Lift Rental Fees
In the event that a lift is required to perform the work, Wachter will add lift charges to the invoice at cost plus 25%.
Rates and delivery/pickup fees vary based on location. Prices vary based on local and state taxes, delivery, and pickup
fees.
Cancellation Fees
1. Onsite
a. If the cancellation occurs after the technician is en route or onsite, the full dispatch fee and any onsite
time incurred, will be charged.
b. Some reasons for onsite cancellation, but not limited to, are:
i. Equipment not onsite or cannot be located.
ii. Site access denied.
2. 48 Hours
a. If the cancellation occurs within 48 hours of the scheduled onsite time, 50% of the dispatch fee will be
charged.
3. More than 48 Hours
a. If more than a 48-hour notice is given for cancellation, no fee will be charged.
Materials
Unless other arrangements are made pursuant to this Agreement, Wachter will provide all necessary materials to
perform the work requested. Materials will be invoiced at cost plus 20%
Structured Cable System components and all equipment or software furnished and installed by Wachter will be itemized
on the ticket invoice. Hardware and other raw materials used during the Installation process (e.g. nuts, bolts, screws, ty-
raps, tape, etc.) will be identified on the invoice as 'Miscellaneous Materials'.
Project Management
Your project management team is composed of experienced project managers and project coordinators. Your project
manager will run your project, and serve as your Single Point of Contact (SPOC) for the project lifecycle. Wachter uses
1/1/2021 — Proposal # 68649 v1 for City of Santa Ana — SARTC VSS Service SLA
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wachter
wachter.com I City of Santa Ana
Trust, our web -based project management application, to provide secure, on -demand, real-time access to your project
data and status.
Communications
The Wachter project manager will communicate and provide reporting to the City of Santa Ana project team, per
agreed -upon requirements. All reporting and task management will include summaries of any milestone status during
daily communications with the field crew if applicable. If any issues are identified they will be escalated, handled in an
expeditious manner, and recorded in Trust.
Warranty
Wachter, Inc. is committed to providing defect -free goods and services to its customers. Training, inspection, testing,
documentation, and other processes are followed to ensure all applicable standards are met.
Wachter, Inc. warrants all labor to be free of workmanship defects for a period of 12 months from the date the work is
performed. During this 12-month period, Wachter will promptly repair, at no cost to City of Santa Ana, any defects that
are a direct result of labor workmanship. All materials are warrantied according to the manufacturer's provided
warranty.
Should you have any quality questions or concerns, please contact your project manager or feel free to contact our
quality department at QualitvAssurance@wachter.com.
Use of Customer Information
Wachter frequently uses our projects to develop case studies or modify best practices. Case studies are shared internally
and externally as part of ongoing sales and marketing. Members of our staff or marketing firm may contact key
customer personnel to gather insights on the project's outcome.
Terms & Conditions
Please visit the following webpage for Wachter's Terms & Conditions: https://wachter.com/terms-conditions/
Service Agreement Details
Summation
This Service Agreement ("Agreement") is made between Wachter, Inc. ("Wachter"), and City of Santa Ana; effective
1/1/2021.
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wachter
wachter.com I City of Santa Ana
Pricing in this Agreement shall remain in effect for one calendar year from the "Effective Date" listed above. If a new
Agreement is not negotiated with City of Santa Ana prior to the expiration date, the pricing terms of this Agreement
shall survive and continue in full force until a new Agreement is executed.
Definitions
• "Electrical" shall mean any work involving medium or high voltage power lines, as defined by the National
Electric Code.
• "LAN" shall mean Local Area Network.
• "WAN" shall be mean Wide Area Network.
• "MAC shall mean Moves, Adds and Changes.
• "Normal Business Hours" shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m. local time
• "Per -Diem" shall mean charges to client for technician lodging & meal expenses for client required overnight
stays.
• "SPOC" shall mean Single Point of Contact.
• "Sr shall mean Straight Time Hourly Labor Rate.
• "or shall mean Overtime Hourly Labor Rate.
• "T&M" shall mean Time & Materials.
• 'ticket" shall mean a single billable work order request for either service or MAC work.
Service Level Priorities
• Priority Codes:
o Priority I"
(PI) shall require a Choose an item. onsite response.
o "Priority 2"
(P2) shall require o Choose an item. onsite response.
o "Priority 3"
(P3) shall require a Choose an item. onsite response.
o Priority 4"
(P4) shall require o Choose an item. onsite response.
o 'Priority 5"
(PS) shall require a Choose an item. onsite response.
• Priority Definitions:
o Onsite responses within the some day, is typically a problem or outage affecting core services.
• Currently, Wachter cannot guarantee same day onsite response times for many areas; and as
such, Wachter will provide best effort to be onsite within the same day, but will invoice based on
the response time met.
o Onsite response within one or two days, is typically a problem or outage affecting secondary services.
o Onsite response within three or more days, is typically a MAC request, or a low level issue affecting non -
necessary equipment.
o A specific list of problems and outages, and their priorities shall be defined as part of the program kick-
off procedures.
o Wachter commits to perform at a level of 95% or greater for onsite response time compliance.
• Compliance is measured as a whole, and not per priority level.
• If Wachter cannot meet the onsite response requested, the invoice will reflect the actual
response time met, and not the response time requested.
• Compliance commitment applies to continental US only.
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wachter wachtercom I City of Santa Ana
Service Types
Wachter will manage the following service tickets for City of Santa Ana.
• Break/Fix: Troubleshoot, repair, and/or replace cabling and applicable hardware related issues.
• Moves, Adds, Changes (MAC): Install or relocate cabling and/or hardware.
• Smart Hands: Act as intelligent eyes, ears, and hands onsite, under the direction of a higher level engineer or
help desk to perform a given technical task.
• Preventative Maintenance: Wachter can perform preventative maintenance on certain devices and areas.
a. For details on preventative maintenance and to receive pricing for a PM program, contact Colin
Angus.
Equipment that Wachter can perform troubleshooting and replacement services on, include:
• Any low voltage cabling, i.e. Cat5e, Cat6, Fiber, Coaxial cable, speaker cabling, etc.
• Phone system and phones
• Network equipment such as switches and routers
• Wireless access points
• Desktop clients
• Printers
• Physical Security systems including video surveillance and access control
• Burglar/Intrusion alarm systems
• Fire alarm systems
Responsibilities
According to this agreement, the following responsibilities will be followed:
• Furnish — Shall indicate who is responsible for furnishing the equipment.
o Quote —Shall indicate that Wachter can quote the equipment for the listed technology, but City of Santa
Ana may purchase through another source if desired.
o For existing equipment that could not be discovered prior to this proposal; Wachter will quote products
we can provide that are equivalent to the existing equipment to be replaced.
o Wachter does not agree to stock or warehouse equipment at this time.
• Install — Shall indicate who is responsible for installation of the equipment.
• Cabling — Shall indicate who is responsible to service and provide cabling.
• 'N/A' Shall be used for items not included as part of this agreement; but may be included in amendments if
requested.
o Rates for the other technologies may be different than what is currently selected.
Voice City of Santa Ana Wachter Wachter
Data
City
of Santa Ana
Wachter
Wachter
Wireless
City
of Santa Ana
Wachter
Wachter
CAN/IPTV
Quote
Wachter
Wachter
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wa c hte r wachter.com I City of Santa Ana
Paging
Quote
Wachter
Wachter
Audio Visual
Quote
Wachter
Wachter
Video Surveillance
Quote
Wachter
Wachter
Access Control
Quote
Wachter
Wachter
Burglar Alarm
N/A
N/A
N/A
Fire Alarm
N/A
N/A
N/A
Electrical
N/A
N/A
N/A
Billing & Payment
The preferred method, is monthly spreadsheet billing. Sheet will include a row for each service ticket, and will include
all applicable fields required by both Wachter and City of Santa Ana. Hardware and other raw materials used during the
Installation process (e.g. nuts, bolts, screws, ty-raps, tape, etc.) will be identified on the invoice as 'Miscellaneous
Materials'.
7 1/1/2021 —Proposal It 68649 v1 for City of Santa Ana — SARTC VSS Service SLA
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ACOR" CERTIFICATE OF LIABILITY INSURANCE
�i 8/1/2021
DATE(MMIODNYYY)
11/11/20
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 endomement(s).
PRODUCER Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
CONTACT
PHONE
N E weNo
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC#
INSURER A: LibeM Insurance Co oration
42404
INSURED WACHTER, INC.
6969 16001 WEST 99TH STREET
INSURER B: Employers Insurance Company of Wausau
21458
INSURER C:
LENEXA KS 66219
INSURER D
INSURER E:
INSURER F:
COVERAGES a CERTIFICATE NUMRFR- 1 A71171 R RStIMnM MnM9ER 111—
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.
INTR
TYPE OF INSURANCE
Arid
INSD
BOBR
MD
POLICY NUMBER
POLICY EFF
MMIDDNYYY)
POLICY EXP
(MMuDDNYYYJ
LIMITS
A
X
COMMERCIAL GENERALLABILDY
CLAIMa-MADE OCCUR
Y
N
TB7-69IA72101-020
8/1/2020
8/1/2021
EACH OCCURRENCE
$ 2000000
PREMISES Ea occurrence)
$ 300000
MED EXP (An one person)
$ $ 000
PERSONAL S ADV INJURY
$ 2,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY � JECT LOC
GENERALAGGREGATE
$4000000
GEN'L
PRODUCTS -COMP/OPAGG
$ 4,000,000
$
OTHER:
A
AUTOMOBILELIABILITY
Y
N
AS7-691472101-010
8/l/2020
8/1/2021
COMaBINEDSINGLE LIMITEa
$ 3000000
X
ANY AUTO
OWNED SCHEDULED
AUTOS ONLYHAUTOS
HIRED ON -OWNED
AUTOS ONLYAUTOS ONLY
BODILY INJURY (Per person)
$,ii{�{XXiiX
X
BODILY INJURY(Peraccident)
$
PROPERTY DA$
Peraccident
�.X��.��
Corms/Coll Deds.
Is 5,000
PHYS DAM
A
UMBRELLA LIAB
X
OCCUR
N
N
TH7-691-472101-040
8/1/2020
8/l/2021
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
X
EXCESS LAB
CLAIMS -MADE
DED I I RETENTION$
$ XXXXXXX
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? N
(Mandatory in NH)
Ryes, describe under
under
NIA
NPER
WCC-691-472101-030
[EXCL. ND, OH, WY, & WA]
8/1/2020
8/1/2020
8/1/2021
8/1/2021
X STATUTE ER
'ER
E.L. EACH ACCIDENT
$ ] OOO OOO
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 11000,000
DESCRIPTION OF OPERATIONS bebw
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached R more space is msuired)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERlas) REFERENCED.
FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER(S) WILL SEND 30 DAYS NOTICE OF
CANCELLATION TO THE CERTIFICATE HOLDER, CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND
REPRESENTATIVES IS/ARE ADDITIONAL INSURED(S) ON A PRIMARY AND NON-CONTRIBUTORY COVERAGE BASIS AS RESPECTS LIABILITY
COVERAGE FOR THIS PROJECT. INSURANCE SHOWN APPLIES ONLY TO EXTENT OF WRITTEN CONTRACT.
14711718
CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS.
4TH FLOOR SANTA ANA CA 92701 AUTHORIZED REPRESENTATIV .
21 �,�es.,:: w#k DMellm
REVIEWED & APPROVEDBY:
91988 015 ACORD C ?h . l '"PP�
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I� Risk Management Analyst
Miscellaneous Attachrnent: M69543 Certificate ID: 14711718
Policy Number T67-691472101-020
Issued by LIBERTY INSURANCE CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
Schedule
Name of Person(s) or Organization(s): Any person or organizations required by written contract
or agreement, prior to an 'occurrence" or offense, to provide Additional Insured status on a
primary and noncontributory basis.
If you are obligated under a written agreement to provide liability insurance on a primary,
excess, contingent, or any other basis for any person(s) or organization(s) shown in the
Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy
will apply solely on the basis required by such written agreement and Paragraph 4. Other
Insurance of Section IV — Conditions will not apply. Where the applicable written agreement
does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4.
Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over
any other insurance available to the additional insured for which it is also covered as an
additional insured for the same 'occurrence", claim or "suit'.
LC 24 20 11 18
n RWED&APPRaVED cn
�<f cREVIEWEDS APPR�D�V/®RYA:
SI r �/OIM1li3.l �. VuW4(
® Ruk Management Analyst
Digit
Tori Pierson Datea21021.10.2611:16:00e0700'
ACOR" CERTIFICATE OF LIABILITY INSURANCE
Ill 8/1/2022
DATE(MMIDDIYWY)
10/22/2021
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 Lockton Companies
CONT
NAMEACT
444 W. 47th Street, Suite 900
City MO 64112-1906
(816) 960-9000
PHONE FAX
Ext : A/c No
fAIC,Kansas
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: LibeM Insurance CO oration
42404
INSURED WACHTER, INC.
1337719 16001 WEST 99TH STREET
INSURER B : Employers Insurance Company of Wausau
21458
INSURER C : Steadfast Insurance Co=any
26387
INSURER D :
LENEXA KS 66219
INSURER E :
INSURER F :
COVERAGES * CERTIFICATE NUMBER: 17963731 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MMIDD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FX7 OCCUR
N
N
TB7-691-472101-021
S/1/2021
8/1/2022
EACH OCCURRENCE
$ 2,000,000
DAEMMAGEISES TOEa REocNTED
PRcurrence
$ 300,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
�X JPRO-
POLICY LOC
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
OTHER:
A
AUTOMOBILE
LIABILITY
N
N
AS7-691-472101-011
8/t/2021
8/1/2022
COMBINED SINGLE LIMIT
Ea accident
$ 3,000,000
X
BODILY INJURY (Per person)
$ XXXXXXX
ANY AUTO
BODILY INJURY (Per accident)
$ XXXXXXX
OWNED SCHEDULED
AUTOS ONLY AUTOS
X
PROPERTY DAMAGE
Per accident
$ XXXXXXX
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
Com /Coll Deds.
$ 5,000
X PHYS DAM
A
UMBRELLA LAB
X
OCCUR
N
N
TH7-691-472101-041
8/1/2021
8/1/2022
EACH OCCURRENCE
$ 5,000,000
X
AGGREGATE
$ 5,00 000
EXCESS LIAB
CLAIMS -MADE
DED RETENTION $
$ XXXXXXX
B
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
N I A
N
WCC-691-472101-031
[EXCL. ND, OH, WY, & WA)
8/1/2021
8/1/2021
8/1/2022
8/1/2022
PER OTH-
X STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
CONTRACTOR'S
N
N
EOC 7413240-03
8/1/2021
8/1/2022
POLLUTION: $ 1 M EA CLAIM /
POLLUTION AND
$2M AGG; PROFESSIONAL: $3M
PROFESSIONAL
EA CLAIM / $3M AGG; RET:
LIABILITY
$100K
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER(S) WILL SEND 30 DAYS NOTICE OF CANCELLATION
TO THE CERTIFICATE HOLDER. ADDITIONAL INSURED STATUS (IF SPECIFIED HERE) DOES NOT EXTEND TO PROFESSIONAL LIABILITY COVERAGE.
17963731
CITY OF SANTA ANA
RISK MANAGEMENT DIVISION
20 CIVIC CENTER PLAZA
4TH FLOOR
SANTA ANA CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE' - RiskMerwgemenf Dmaion
( RE%AEwm & APPROVED en':
78ze P
fcl 19RR 015 ArnRn r( Ri kNtanage tCIen-IAide
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD N
Miscellaneous Attachment: M69543 Certificate ID: 14711718
POLICY NUMBER: TB7-691-472101-021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization you are required to name as an Additional Insured under this policy
under a written contract or agreement, prior to an "occurrence or offense, where the written
contract or agreement obligates you to procure additional insured coverage for the additional
insured and utilize the July 2004 version of the ISO additional insured endorsement, except
where such requirement is prohibited by law.
Location(s) Of Covered Operations:
All locations as required by written contract or agreement, prior to an "occurrence" or offense
where the written contract or agreement obligates you to procure additional insured coverage for
the additional insured and utilize the July 2004 version of the ISO additional insured
endorsement.
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 include as an additional insured the person(s)
or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury",
"property damage" or "personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
CG 20 10 07 04
Risk MowgMi i Diviabn
//■�,'� ReAEwm & APPRov¢) Ur.
o�tW1 :.I E1- ^/Bxi �rQisJ�re
_�y� Risk NFanagement Clerical Aide
Miscellaneous Attachment: M69543 Certificate ID: 14711718
POLICY NUMBER: TB7-691-472101-021
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
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization you are required to name as an Additional Insured under this policy
under a written contract or agreement, prior to an "occurrence" or offense, where the written
contract or agreement obligates you to procure additional insured coverage for the additional
insured and uti- lize the July 2004 version of the ISO additional insured endorsement, except
where such requirement is prohibited by law.
Location and Description of Completed Operations:
All locations as required by written contract or agreement, prior to an 'occurrence" or offense
where the written contract or agreement obligates you to procure completed operations
coverage for the additional insured and utilize the July 2004 version of the ISO additional
insured endorsement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — 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" or
"property damage" caused, in whole or in part, by "your work" at the location designated and
described in the schedule of this endorsement performed for that additional insured and
included in the "products -completed operations hazard".
CG 20 37 07 04
, Rifil MowgMi i Diviabn
j/44�■ _1, ReAEwm & APPRov¢) Ur.
o�tW1 lL.Lt1- ^/Bxi �rQisJ�re
Risk NFanagement Clerical Aide
Miscellaneous Attachment: M69543 Certificate ID: 14711718
POLICY NUMBER: TB7-691-472101-021
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY —
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance Condition and supersedes any provision
to the contrary:
Primary And Noncontributory Insurance
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.
CG 20 01 12 19
, Rifil MowgMi i Diviabn
j/44�■ _1, ReAEwm & APPRov¢) Bv:
o�tW1 lL.Lt1- %azd f-'(P1SL,
Risk NFanagement Clerical Aide
Miscellaneous Attachment: M79800 Certificate ID: 14711718
Policy Number: TB7-691-472101-021
CG 24 04 05 09
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 Part
SCHEDULE
Name Of Person Or Organization:
Any person or organizations required by written contract or agreement, prior to an "occurrence"
or offense, to waive your right of recovery, except where such requirement is prohibited by law.
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
, Rifil MowgMi i Diviabn
j/44�■ _1, ReAEwm & APPRov¢) Ur.
o�tW1 lL.Lt1- ^/Bxi �rQisJ�re
Risk NFanagement Clerical Aide