HomeMy WebLinkAboutMASK SYSTEMS, INC. 2 -2007
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lHIS AGREEMENT, made and entered into this 16th day of January, 2007 by and
between MASK Systems, Inc., a California corporation (hereinafter "Consultant"), 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 (hereinafter "City").
CONSULTANT AGREEMENT
RECITALS
A The City desires to retain a consultant having special skill and knowledge in the field of
electronic security systems, to provide emergency and preventive maintenance for the
jail security system.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting 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
Consultant shall perform those services required to maintain the Santa Ana Jail's Security
System operating at is optimum condition without interruption, as set forth in City's Request for
Proposals and Consultant's Proposal, incorporated by this reference as Exhibit A to this
Agreement. Consultant and City shall mutually agree to a preventive maintenance schedule for
those components which will be serviced on a bi-annual schedule. City has not elected to
include an upgrade to the existing redundant 90-70 GE PLC CPU. During the term of this
agreement City may elect to upgrade this equipment for the $59,000 quoted by Consultant. 'TT.'} (.I' I <.<.. I ~
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2. COMPENSA nON
a City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Cost Sumnuuy Form, attached as Exhibit B to
this Agreement. The total sum to be expended for security system maintenance costs shall not
exceed $188,300.00 during the first year of this Agreement. Payment shall be made in twelve
(12) equal monthly installments, subject to City accounting procedures.
b. Payment for part replacement and modifications shall not exceed $200,000.00
annually during the three (3) year term of this Agreement. Payment by City shall be made upon
completion of the project or as agreed upon by the parties, subject to City accounting procedures.
All part replacement and modifications shall be pre-approved, in writing, by City. Payment need
.
not be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
The term of this Agreement shall commence on January I, 2007 and terminate on
December 31, 2009, Wlless terminated earlier in accordance with Section 12, below. The term of
this Agreement may, at the option of the City, be extended for up to two additional one-year
periods, at the rates and charges set forth in Exhibit B.
4. INDEPENDENT CONTRACTOR
Consultant 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, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, Wlemployment insurance and similar taxes relatiog to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to Wldertaking performance of work Wlder 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, volWlteers 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
amoWlts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amoWlt of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Vendor's Protective Liability and Property Damage Insurance. Consultant shall
maintain vendor's protective liability and property damage insurance in the amoWlt of
$1,000,000.00.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
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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. 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 furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall stale 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.
e. 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 effect 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.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold hann1ess the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I 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 hann1ess 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 Consultant further agrees to indemnify, hold
hann1ess, 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.
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7. CONFIDENTIALITY
If Consultant receives from the Ci1y information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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 information disclosed to either par1y by any subsidiary and/or agent of the other
par1y 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 Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiali1y; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the Ci1y.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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.
9. 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 telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To Ci1y:
Clerk of the Ci1y Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Chief of Police
Ci1y of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 245-8007
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and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
MASK Systems, Inc.
11959 Discovery Court
Moorpark, California 93021
Telefacsimile (805) 532-2332
Attn: Ahmad Ibrahim
A party may change its address by giving notice in writing to the other party. Thereafter,
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 after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, 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
excl uded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. 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 Consultant nor
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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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.
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12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shalI be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant 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 Consultant consents to 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.
13. DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of Califomia 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.
15. PROFESSIONAL LICENSES
Consultant 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. Consultant 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.
16. MISCELLANEOUS PROVISIONS
a 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
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indenmifY Ci1y fully, including reasonable costs and attorney's fees, for any injuries or damages to
Ci1y in the event that such authori1y 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.
c. Ci1y shall provide adequate storage space for spare parts, adequate work space, sufficient
heat, lighting, ventilation, and electrical supply outlets for the use of Consultant's Field Engineers.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
/- /
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PATRICIA E. HEALY ,/
Clerk of the Council
~~
DAVID N. RE
Ci1y Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
Ci1y Attorney
B~~l.JJ~d;
L a Sheedy
Assistant Ci1y Attorney .
MASK SYSTEMS, INC.
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/ (bJa"I~_)
D IBRAHIM
President
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SA M. SOSA' .'
Corporate Secretary
TaxID# 17-tW"2,{, ~ 3
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"---1
SECTION 1
DECLARATION OF VENDOR'S ABILITY TO PROVIDE REQUESTED SERVICES / DETAILED PLAN FOR
PROVIDING THE REQUESTED SERVICES
IN RESPONSE TO RFP ITEM - FORM OF PROPOSAL - PAGE 6 - ITEM 1
SUB-SECTION 1.1
PROPOSED PREVENTATIVE MAINTENANCE SCHEDULE
SUB-SECTION 1.2
METHODS OF HANDLING BOTH CRITICAL AND ROUTINE PROBLEMS
PROPOSED RECORD KEEPING SYSTEM
SUB-SECTION 1.3
PROPOSED QUALITY CONTROL PLAN
EXHIBIT A
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MASK Systems, Inc. declares that it is capable of providing the required services to
maintain the Santa Ana Jail's System operating at their optimum condition with
absolutely minimum interruptions, based on our past and current expertise in initial
engineering and installation, service and maintenance of similar security control systems
in correctional facilities.
~.-.......~.
________j
SUB-SECTION 1.1
PROPOSED PREVENTATIVE MAINTENANCE SCHEDULE
Preventative. Maintenance will be inclusive of the following services; inspection, cleaning,
calibrating, testing and certification of the installed Security Electronic Systems at least twice a
year to ensure that the subject systems are fully operational and are functioning within the
manufactures recommended tolerances.
The following PMP Schedule, contains the following information ( elements:
COLUMN ONE:
COLUMN TWO:
COLUMN TWO:
COLUMN THREE:
SYSTEM TYPE
SYSTEM COMPONENT
FREQUENCY OF SERVICE
TYPE OF SERVICE
Based upon the acceptance of the PMP by the RFP Review Committee, facility specific PMP
schedules will be developeli along with a Master Schedule. These schedules will be based upon
the as-built conditions of the subject facility systems and will list the system types and
components that are installed at each facility. In association with the historical data that is
accessible through the computer based Trouble Reporting System, Preventative Maintenance
) will be conducted at the subject facilities in accordance to the Facility Specific Preventative
Maintenance Schedule. A Daily Preventative Maintenance Log will be coordinated and
maintained during all Preventative Maintenance activities. These logs will be maintained on site
at all times. Defects that are found during Preventative Maintenance, will be coordinated in a
manner that is identical to a Trouble Report and corrected accordingly.
In addition to the following PMP Schedule MASK Systems, Inc is also attaching an example of a
"Preventative Maintenance Log", to substantiate our ability to provide the subject services in a
professional and timely manner.
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SUB-SECTION 1.2
METHODS OF HANDLING BOTH CRITICAL AND ROUTINE PROBLEMS
PROPOSED RECORD KEEPING SYSTEM
.~
The overall intent of the following plan is to demonstrate to the RFP Review Committee how
MASK will provide Emergency Maintenance Services in accordance to the two levels of
prioritized emergency maintenance services, so that the subject systems are repaired in the least
possible time.
Upon receipt of a Trouble Report from the owner representative, the subject system component
will be repaired on or before the following prescribed duration's -as so required by RFP item, 2-
d-l& 2-
I. CRITICAL PROBLEM RESPONSE
Respond to and commence work:
Complete repairs:
Four (4) hours
Eight (8) hours
2. ROUTINE PROBLEM RESPONSE
Respond to and commence work:
Complete repairs:
One business day
End of third business day
The installed system components are classified to the Critical and Routine Problem Response
categories, in the following manner:
1. CRITICAL
)
Critical problems are those which obstruct or seriously impair security,
safety or facility operations, such as failure of a system head-end system
or more than one field device. Critical problems shall be repaired in the
least possible time, and will require the greatest possible effort from the
Contractor. Repair of critical problems will always take precedence over
other repairs and preventive maintenance.
2. ROUTINE
Routine problems are any problems covered under the contract which
are not identified as critical problems,for example a singlefzeld device
is not working as long as this single device does not seriously impair
security, safety or facility operations, such as a sally port door.
MASK System, Inc. is proposing to implement a manual and computer based tracking system for
monitoring and management of Critical and Routine services calls. This system has already been
implemented at seven other correctional facilities in Southern California. The key elements of
this system are as follows.
)
_./
The system is based upon a standard / off the shelf-Data Base Management Application
Program, that is available from many local retailers. The Data Base report folder(s)
format can be modeled after the existing reports or can be enhanced (user defined) to
provide additional information. For example, the attached Trouble Report (please
reference Exhibit One, at the end of this section) has utilized some of the fields of
information that are utilized on the existing data base folder, which will allow all parties a
rapid / standardized method of inputting information. Based upon the information that is
posted to the data base from the trouble report and other information sources, reports can
be generated based upon anyone field of information or a combination of fields. For
example:
~~
Question:
How many Trouble Reports were issued at anyone
building (Jail versus Police Department).
Facility name, Date / Time that Trouble Reports
were issued, total amount of Trouble Reports for the
subject time period.
Fields of information:
Report format:
A.
)
B.
Tabular
A Tabular report will list in a linear format
each Trouble Report by: Facility, Trouble
Report Number, Date / Time and a summary
report, stating the total amount of Trouble
Reports that were issued at each Facility for
the subject period oftime.
Bar Chart / Pie Chart / Graph Chart
The above mentioned charts can be
generated to demonstrate the total quantity
of Trouble Reports, per facility. Each Chart
Point, can represent a specific time
reference. For example, each Chart Point
could represent; one day or one week or one
month. Therefore, the chart would show in a
diagrammatic format up or down swings in
the amount of Trouble Reports for the
subject period.
Additional benefits of the Reporting System are:
I. Isolating and then fixing system problems that may reoccur, preventing
reoccurring Trouble Reports. Therefore, the quantity of Trouble Reports
should be reduced and the costs associated with processing are reduced,
allowing Facility Personnel to allocate time to other facility functions.
2. Tracking of Spare Parts (based upon past usage) to ensure that spare parts
are available for corrective and preventative maintenance.
3. Increase the integrity of the systems, which will provide a higher level of
security at the subject facilities because the systems are functioning.
5.
Increased accuracy of information for Performance Review Meetings and
Preventative Maintenance Programs.
Reduction in cost and time for the processing and tracking of individual
Trouble Reports.
----l
4.
Based upon the usage of a computer based tracking system and the pre-printed forms, our firm is
submitting the following Corrective Maintenance Policy & Procedure for the RFP Review
Committees review and approval. If the RFP Review Committee would like to amend the
following plan, please do not hesitate to contact us with any recommendations.
I. Our firm will maintain a twenty-four (24) telephone number and service response
organization.
2. Upon notification of a Emergency Maintenance situation, the designated owner
representative will complete Section A of the Trouble Report which identified the
following information:
A. Critical or Routine problem
B. Facility location (Jailor Police Department).
C. Date report filed
D. Time report filed
E. Person filing report
F. Building # or name
G. Device location
H. Door # or name
I. Description of trouble report
3. As soon as item 2 above is completed by the owner representative, MASK
Systems, Inc. will be contacted by the owner representative at the 800 telephone
number that is manned 24 hours per day and seven days per week. When the
owner representative makes contact with MASK's representative, the information
that is detailed in item 2 above is given. After this telephone conversation ends,
the owner representative will complete the first three items that are detailed on the
Trouble Report, Section B, which consist of the following information.
A. Date MASK contacted
B. Time MASK contacted
C. MASK person contacted
4. In accordance to the prescribed response requirement (Critical versus Routine),
MASK's Service Technician will be contacted by MASK representative.
5. Upon arrival at the facility, the Service Technician will report directly to the
owner representative. The Service Technician will then complete the first two
items that are listed in Part C of the Trouble Report which consist of the following
information.
A. Date on site
B. Time on site
6. The Service Technician will then proceed directly to the area / system /
component that is in question, so that a cause / effect / repair determination can be
established.
4
)
7.
After the Service Technician has visited the subject area / system he / she will
determine if the cause of the repair is covered by the Service Agreement. If the
repair is the result of Vandalism or an Act of God the Service Technician will
report back to the owner representative requesting an approval for a Bilabial Call.
The technician will then proceed with the repair requirements.
Before the Service Technician leaves the facility he/she will follow the following
protocol:
8.1 The Service Technician will report back to the Owner Representative and
state the condition of the Trouble Report (expired or pending).
8.2 EXPIRED VERSUS PENDING TROUBLE REPORTS
8.2.1 EXPIRED:
If the Trouble Report is expired, the Service Technician will complete the
Trouble Report and report such to the owner representative. Acopy ofthis
report will be sent to MASK's corporate office by the Service Technician,
so that the subject information is posted to the Data Base System and if
applicable, a invoice generate and distributed the Owner Representative
for materials and or labor payment.
8.2.2 PENDING:
If the Trouble Report is pending, the Service Technician will state on the
Trouble Report the reason that the Trouble Report could not be expired
and the course of action that is being taken to expire the Trouble Report
(inclusive of the date and time that the Technician will be returning to the
site). When the Service Technician returns to the Facility, she / he will
report to back to the owner representative and adhere to the above-
mentioned policy.
8.
In conclusion, our firm believes that the above mentioned plan will allow all persons involved, a
method of maintaining the quality / integrity of the facilities and systems in a timely,
professional and cost effective manner. Our firm encourages the RFP Review Committee and
Facility Personnel to evaluate this plan and provide us with your input and recommendations for
amendments if required.
)
-:-l
EXHIBIT 1
TROUBLE REPORT
I 1291 I
TROUBLE REPORT/PARTS ORDER FORM IIN-STOCK LOG/INVOICE I
l
A) TO BE COMPLETED BY SAPD BEFORE CONTACTING MASK
CRITICAL OR ROUTINE:
I r
FACILIlY NAMe
I
TI
DA TIE REPOI~T FILED;
I I
TIME REPORT FILED:
PERSON FlUNG REPORT:
I I
BUILDING I OR NAME: DEVICE LOCA ON: DOOR" OR NAME: .
I I I l I I
DESCRIPTION OF TROUBLE:
I B) TO BE COMPLETED BY SAPD AFTlI:R CONTACTING MASK I
DATE MASK CONTACTED: TIME MASK CONTACTIED: MASK PERSON OONTACTIEC:
I , I I I I
SAPO ACCEPTANCE OF REPAIR: SAPO i'lUTH. OF BILLABLE WORK:
I [ L ,
I C) TO BE COMPLETED JlJy MASI\: SYSTEMS, INe. I
r ON SITe, TIME ON SITE: DATE CO~PLETED: TIME COMPLETED:
I I I r I I I r
DESCRIPTION OF SERVICES PROVIDED
LABOR HOURS EXPENDED: NO. OF PARTS IN STOCI<: PART REQUIRED: aiY PARTS USED:
I I I [ I I I 1
I PARTS ORDER FORM: ,
MANUFACTURES NAME: MNFR. TE1.. NO.: VENDOR NO.: PART NO.: MODEL NO.:
I I [ I [ II r I I
DESCRIPTION OF PART: MINIMUM IN STOOl(; REQUIRED. FOR REP"'IR: ANTICIPATED DEUVERY: DATE RECEIVED PART:
I I I [ r I I I II ,
I BILLABLE CALL INVOICE: I
INVOICE NO. INVOICE 0... TE:
I I I I
---l
SUB-SECTION 1.3
PROPOSED QUALITY CONTROL PLAN
MASK Systems, Inc. will coordinate and administrate our Quality Control Plan in accordance to
the following guidelines:
)
)
As part of this proposal, MASK will provide Contract Manager. The Contract Manager
shall be responsible for the overall management and coordination of the Contract and
shall act as the administrative point of contact with the City. The Contract Manager or his
I her designee will be available twenty-four per day, seven days a week via the 800
service line.
Prior to mobilizing any persons to the project the Contracts Manager or his I her designee
will conduct a preliminary Project Team Back Ground Review. This review will be
conducted to ensure that the subject employees' historical background is in compliance
with the RFP requirements.
Prior to any person being mobilized for service, the Contracts Manager or his I her
designee will conduct a Safety I Security Training Seminar. The intent of this Training
Seminar is to ensure that all employees that will be entering the facility are familiar with
and will comply with all facility regulations.
The Contracts Manager or his I her designee will be responsible to coordinate all labor
requirements for Corrective Maintenance and Preventative Maintenance, so that the
subject services are provided in a timely manner, professional manner and in accordance
to contractual guidelines. This coordination will include:
1.
2.
3.
4.
4.1
4.2
4.3
4.4
4.5
Scheduling of Service Personnel for Corrective Maintenance.
Daily review of Critical and Routine Trouble Reports to ensure that the subject
services were provided within in prescribed time requirements. If there appears to
be a discrepancy between the prescribed time period for repairing the subject
systems and the actual time for repair, the Contracts Manager or his I her designee
will review the subject event with the Service Person that was mobilized to the
facility for this repair and establish a course of action to prevent this type of event
from reoccurring.
Daily review of Critical and Routine Trouble Reports to ensure that spare parts
are replenished.
Daily review of Critical and Routine Trouble Reports to circumvent reoccurring
system faults. If there appears to be a reoccurring system fault, develop a course
of action to solve this issue.
Staging and coordination of equipment and personnel for Preventative
Maintenance. Including:
4.5.1 Reviewing the computer based Critical and Routine Trouble
Reports for the previous period, so that reoccurring system faults are
analyzed and addressed during the Preventative Maintenance activities.
4.5.2 Review the in stock computer based tracking system to ensure that
equipment that is needed for the Preventative Maintenance activities is in
stock.
-l
4.5.3 Review the Critical and Routine Trouble Reports for the previous period
with the Preventative Maintenance Service Personnel prior to mobilization
to the subject facility. The intent of this review will be to identifY
reoccurring system faults and to establish a course of action that will limit
their r.eoccurrence.
4.5.4 After the mobilization of personnel to the subject facilities, confirm that
the personnel have:
A. Complied with the established course of action for reoccurring
system faults.
B. Complied with the Preventative Maintenance Policy and
Procedures.
C. Prepare Trouble Reports and repair the subject system in the
prescribed period if system faults are found.
D. Submitted Daily Preventative Maintenance Logs to the Designated
Facility Person on a daily bases.
E. Close out all Preventative Maintenance Punch List Items.
5. The Contracts Manager or his / her designee will be responsible for the coordination and
administration of the Quality Assurance Evaluation and the Performance Requirement
Summary. This coordination and administrations will include but not limited to the
following:
5.1
Submittal of the required reports to the Owner Representative. As previously
stated the implementation of a computer based tracking system will make this
review process easier to coordinate and administrate for all parties concerned.
For example, the report formats are based upon the user-defined field of the
Trouble Reports. Therefore, the report formats can be user defined and based
upon anyone field of information or a combination of fields. A typical report
could be based upon the following fields of information:
)
FIELD ONE:
FIELD TWO:
FIELD THREE:
ESTABLISH THE RESPONSE TIME
FOR INDIVIDUAL TROUBLE
REPORTS.
TROUBLE REPORT NUlttfBER
TIME TROUBLE REPORT FILED
TIME AND DATE THAT.TROUBLE
REPORT WAS COMPLETED
PREMISE OF REPORT:
AND/OR
PREMISE OF REPORT: ESTABLISH THE TYPE AND
QUANTITY OF REOCCURRING
PROBLEMS. LIST THE INDIVIDUAL
TROUBLE REPORTS PER EACH
FIELD ONE:
FIELD TWO:
FIELD THREE:
SYSTEM AND I OR DEVICE
LOCATION.
DEVICE NUMBER
TROUBLE REPORT NUMBER
TIME AND DATE OF TROUBLE
REPORT
DESCRIPTION OF TROUBLE
DESCRIPTION OF SERVICES
PROVIDED.
~
FIELD FOUR:
FIELD FIVE:
5.2 Attendance at all owner requested meeting to review contract performance.
5.3 Coordination and administration of all owner requests to ensure that the subject
services will be provided in accordance to the contract requirements and in a
timely / professional manner.
5.4 Implementation of any required changes to the plan.
)
)
, "
COST SUMMARY FORM
TOTAL ANNUAL COST FOR SECURITY SYSTEM MAINTENANCE:
Year number one: $188,300.00
Year number two: $197,750.00
Year number three: $207,600.00
ADDITIONAL SERVICES (JIOURL Y RATE)
YEAR ONE
Project Manager $72.00
Project Engineer $66.00
Engineer $62.00
Programmers $117.00
Field Technician $58.00
Drafting Tech $50.00
Installers $66.00
MARK-UP ON MATERIALS
YEAR TWO YEAR THREE
$76.00 $80.00
$70.00 $74.00
$65.00 $68.00
$123.00 $129.00
$61.00 $64.00
$53.00 $56.00
$70.00 $74.00
In reference to the spare parts that are consumed, MASK will charge a 20% mark-up.
PROPOSED MODIFICATIONS:
In association with the proposed modifications that are listed in Section 4, the related pricing is
as follows:
Modification number 1:
Upgrade the Redundant 90-70 GE PLC CPU's at Central Control for $59,000.00
EXHIBiT B
r
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID}I~ DA'l1! (1IIODDIYYYY)
, KASItS-l 01126107
PRODUCER lHlS CER11FICATE IS ISSUED M A MAlTER OF "FORMATION
Andreini " Compeny-Oxnard ONLY AND CONFERS NO RIGHTS UPON lHE CERTFICATE
License 0208825 HOLDER. lHlS CERTIFICATE DOES NOT AMEND, EXTEND OR
300 Esplanade Drive, Suite 100 ALTER lHE COVERAGE AFFORDED BY lHE POLICIES BELOW.
Oxnard CA ~3036
PhODe.805-~81-~5B5 Fax.805-~B1-0161 INSURERS AFFORDING COVERAGE HAlC.
INSURED INSURER A: Pederal I:nsuraJ:loe C=env
INSURER B:
Kask ~8tems, :Inc. INSURER C:
Rosa ~a
1l~5~ D Sc0V8~ Ct. INSURER "
Koorpark CA ~3 21 INSURERE:
COVERAGES
TtE POUCIES OF t4SlJFW<<;E lISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAUEON!C+IE FOR THE POl..ICY PERIOD INDlCAlED. NOTWITHSTANDING
>>N REQUIREMENT, TERM Cfl OONDtnON OF Nrf CONTRACTOR OTHER DOCUMENTWfTH RESPECTTO 'MtCH nilS CERTFlCAlEtMY BE ISSUED OR
MAY PERTAIN, THE HSURAt<<:EAFFORDEl BY THE POUCtES CESCRlBED HEREIN IS SUBJECT TO N..L lHE"l"EMCS. EXClUSIONS AND COHOmON8OF SUCH
POLICIES. AGGREGATE LMT5 SHOWN MAY HAVEaEeI REDUCED BY PAID ClAIMS.
~ TYPEOFNSURANCE POLICY NUMBER ~ DA..e~ LIIT8
~N!RALLJABIL.I1'Y EACH OCCUMENC& 11,000,000
A X .!.. ~1.6J. GENEfW.UABltIlY 3533~~03 12/18/06 12/18/07 PREMises -' 11,000,000
ClAIMS MADE [;J OCCUR MEn EXP (Any one pnon) 110,000
PERSONAL & NN INJURY 11,000,000
eeHEiW. AGGREGATE 12,000,000
. ~AGnILWfn,PER PRODUCTS - COMP1OP AQQ 12,000,000
POUCY ~~ LOC
~MJBILE UABIUTY COMBINED SINGLE LIMIT 11,000,000
A ~ AHV AUTO 73225049 12/1B/06 12/18/07 (Eaacddenl:)
>-- AU. OWNaJ AUTOS BOOL Y INJURY
I
'- SCHEOUlSJ AUTOS (Perf*Xll'l)
A ~ HIRED AUTOS BODLY IN.Il.RV
I
A .!.. NON-OWNED AUTOS . (Pw_.
PROPERTY DAMAGE I
{Po<_
GARAGE LlABUTY AUTO ONLY - EAACCIDENT I
~-ANY AUTO OlliER THAN EAACo I
AUTO ONLY: AGG I
EXCES$IU_IIE.1AL..IABIlJ1'Y EACH OCCURF'lSICi. 15.000,000
A !5~uR 0 CLAlMSMAllE 7972987~ 12/18/06 12/18/07 AGGREGATE 15,000,000
THIS CEF TlFICATI I
~ ~BLE .
X REl'S<TlC>I 10 .
WORKERScQllPENSAnON AND SUPERCED ~S THE (] NE l...&Iivl i I IUS!!
~lOYER.S' UABIUTY
Nff PROPRIETORlPARTNER/EXECVTlV EJ.. EACH ACCIDENT .
OFFJCERIMEMBER EXCLUDED? ISSU ~D ON E.L "SEASE. EA EMPlOYE! .
~~Sbelow E.L DISEASE. POLICY UNIT I
OTHeR )~dJ. oJ f) /,0
DESaIPTION OF OPERATIONS/LQCAnONS' VEHJCLES I EKCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS
Certificate holder is additional insured under the general liability per
endOril_nt #80c02c2305 and 80-02-2373 attached. :Insurence :is primary per
attached endorsement 80~02-2000, pgs 22-23~ Waiver of subrogation applies,
per endorsement 80-02-2000, pg 24. The CANCELLAT:ION notice herein is amended
to read 10 Days as respects any caucellation due to non-payment of premium.
City of Senta Ana
60 Civic Center Plaza
Santa Ana CA 92703
CANCELLATION
SHOULD AIf'( OF 11EABOYE D&SCRI8&D POUCIEIU CANC&U.ED BIFORB~ EXAM:
DATE THEREOF, THE ISSUING INSURERwtU ENJI!AVOR TO MAIL ~ DAYS WRITTEN
NOnCE TO THE CERTIFICATE HOLDER NAMED TO THe LIFT. BUT fAILURI!TO DO SO SHALL
IMPOSE NO OBUGA11ON OR UABI.JTY OF ANY KIND I.PON THI! ~ rTaAGeNTS OR
REPRESeNTATNS.
CERTIFICATE HOLDER
~~~
ACORD 25 (2OD1/0B)
I ;,,)
C ACORD CORPORATION 19BB
. #~gJy. ;/t....
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the pollcy(l9s) must be endorsed. A statement
on this certlficata does not confer rights 10 the certificate holder in lieu of such endorsemenl(s).
If SUBROGATION IS WAIVED, subjecllo the terms and conditions of the policy, certain policies may
require an endorsement. A statemenl on this certificate does not confer rights to the certificate
holder in lieu of such endorsemenl(s).
DISCLAIMER
The Certificale of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and Ihe certiflcale holder, nor does II
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
'I
l --' , J
-.'. ,.;
~.211
ACORD 25 (2001108)
~
CHUBa
Liability Insurance
Endorsement
. Policy P9riod
Effective Date
Policy Number
Insured
Name of Company
Date Issued
This Endorsement applies to the following fonns:
GENERALUABILITY
liB!
Who Is An Insured
Owners, Lessees Or
Contractors
Liability Insurance
Form BlJ..02-2305 (Rev. 4-(1)
DECEMBER 18.2006
DECEMBER 18. 2006 TO DECEMBER 18, 2007
3533-99-03 WUC
MASK SYSTEMS INC AND DORADO PRODUcrs,
INe.
FEDERAL INSURANCE COMPANY
DECEMBER 21.2006
11: !il mm n Hili! Ii:! fr:1
Under Who Is An Insured, the following provision is added:
iiilSlliSliIEl1Ii II
III
Any person or organization designated below is an 1Bsured; but they ate iDsureds only with respect.
to their liability as owner, lessee or conlrllCtor arising oul of your ongoiog oPerations pcrfonnod for
tbatiDsund. -
/, >~ Tr)
_ _~ S/y
Adc:lfflonaf Insured - OWners, LsSS9GS Or Contractors
Bnt:!cJlsemant'
l'O~M
conflnu9d
Pags 1
Who Is An Insured
Owners, Lessees Or
Contractors
(continued)
LillbiIity Insurance
Form 80-02-2305 (Rav. 4-01)
Designated Owners, Lessees Or Contractors
SEE A'ITACHED SCHEDULE PER FORM 80-02-2373
All other terms and conditions remain unchanged.
Authorizsd RsprBB91ffative
12w~
T< ~ Fe) j\ j\;f
Y55 c;);d ----_
Additions/Insured - OWners, Lassess Or Contractol3
Endorsement
last page
Plge2
~
CHUBB
Liability Insurance
Endorsement
Policy Period
DECEMBER 18, 2006 TO DECEMBER 18, 2007
Effective Date
DECEMBER 18, 2006
3533-99-03 WUC
Policy Number
Insured
MASK SYSTEMS INC AND DORADO PRODUCTS,
INC.
Name of Company
FEDERAL JNSURANCE COMP~
Date Issued
DECEMBER 21, 2006
GENERALLIAB.ll1TY
This Endorsement applieS to the following farms:
UabHlty Insurancs
Form BQ-C2-2373 (Ed. 4-94)
SCHEDULE OF ADDIDONAL INSUREDS PER fORM 80-02-2305:
TIiE STATEpF CALIFQRNlA DEPT. OF CORRECTIONS
501 J. STREET, SUITE 330
SACRAMENTO, CA 94283-0001
HENSEL PHELPS CONSTRUCTION COMPANY ETAL
17707 COBALT ROAD
VICTORVllLE. CA 92394
CITY OF SANTA ANA
60 CMC CENTER PLAZA
SANTA ANA. CA 92703
TURNER CONSTRUCTION COMPANY
CRSS CONSTRUCTORS,INe.
1873 S BELLAIRE ST., #1200
DENVER, CO 80222
CCB
700 SUMMER ST.. NE STE. #300
SALEM. OR 97309 .
AMEC CO~STRUCTION MANAGEMENT, INe.
ATIN: PROJECT MANAGER
#1 MORELAND DRIVE
SAN BRUNO, CA 94111
.~sll
CONTINUED BfXJ2-2305
Endorsement
,) :
"-----_.
continued
P8ge 1
UabUlty /nsurancs
Form 80-02-2373 (Ed. 4-34)
SLAYDEN CONSTRUCTION GROUP, INC.
P.O. BOX 247
STAYTON, OR 97383
KERN COUNTY ADMIN. OFFICE
GENERAL SERVICES DIVISION
il15 TRUXTUN AVE 3RD FL
BAKERSFIELD, CA 93301
ASR CONSTRUCTION INC
5230 WIlSON STREET
RIVERSIDE, CA 92509
AMERICOMM SYSTEMS INC
2235 FIRST STREET #112
SlMI V ALLEY. CA 93065
A.S.R CONSTRUCTION lNC
5230 WIlSON STREET
RIVERSIDE, CA 92509
PARKWEST CONSTRUCTION COMPANY
P.O. BOX 790
REDLANDS. CA 92373
LEWIS e. NELSON & SONS lNC &
STATE OF CALIFORNIA, DEP!' OF CORRECTIONS
3400 MCCAlL#loo
SELMA. CA 93662
HOFFMAN CORP.
805 SW BROADWAY #2100
PORTLAND. OR 97205
WlLUAMS SCOTSMAN, lNe.
7933 N. UPLAND DRIVE
. PORTLAND, OR 97203
All other terms and cooditioos remain uncbanged.
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Authorlz9d Representative
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CONTINUED 80-02-2305
Endotsomont
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Go (er
Isstpage
Page 2
Conditions
Duties In The Event Of
Occurrence, Offense,
Claim Or Suit
(continued)
F.
Knllwlooge. or tin ncCUI'rence lJT on.cnsc hy .10 a~cm or enlpluyee of 11'lC insun.d will not
cunslilltlc kntlwh:xl/;:c hy lhc insured, lInlc~" an ufficer (whelher or nol un employee) ()f,my
insured ur im nffil.:cr's t1c:;i:,>ncc knuws arxlUl such occurrence or orrcnsc.
(i. Fuilurc of an <lgCllt or employee of toc im;ured. other thull an ufficer (whelher or not an
employee) of any insured or an officer's designee, 10 notify us of an occurrence or offenl'it:.
that J;uch person knows <:IhoUl will not <tfrcel the insumnce afforded 10 you.
H. If a claim or los~ does 001 reasonahly appear Lt) involve this imiUnLllCC, hut illat.er develops
into a claim or loss to which this insurance applies, the failure to rcpon illO us will nol
viol(lte this condition, provided the insured gives us immediate notice as suon as the il1.\1.Jred
is uware that this insurance may apply to such claim or loss.
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Legal Action Against Us No person or organization has II right under lhis insumocc 10:
join us as a party or otherwise bring us into u suit seeking damages from an insured; or
sue us un this insurance unless un of-lhe terms and conditions of this insumnce have been
fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment
against an insured obtained a~ter an actual:
trial in a civil pnn:eeding; or
arbitration or other alternative dispute resolution proceeding;
but we will not be liable for damages that are not payable under the termS and conditions of this
insurance or that are in excess of the applicable Umits Of Insurance.
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Other Insurance If odICr valid and eolleclible insurance is available to the ",...red for l"ss we would otherwise
cover UDder this insurance, our obligations iIre limited as follows.
Primary Insurance
Thi:-; insurance is prilTllrry except when the EXGel'is Immrdncc: provision described below clpplicN.
Ift:bil\ insurance is primary, ourohligalions are not ilffectcd unlcs:-i any of the (llher imiUrnnce is also
prinll:lJ'Y. Then. we will share with aU th!:lt other insumnce by the method dc,'uihcd in the Method of
Sharing provision described below.
Excess fnsurance
This insurance is excess over any other insurance.. whether primary, excess, contingent or on any
other basis: .
lfabiHty Insuranc:e
Form tJO..02.2DOO (RslJ. 4.01)
A: .Ibill is Fire; Extended Coverage, Builder',Risk, In,tallatim> Ri,k or,imill.. insumnce fnr .
yuur w(Jrk~
B. that is insurance tbat applies to property damage to premises rented to you or temporurily
occupied by you wiLb permission of the owner~
C. if the Im..s arises nUl of aircrafL, autos or watercraft (lO the extent nol suhjoct to the ^ircran,
Aulhs OJ- Walcrcmfl exdusi(Jn)~
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Confract
Pal/6 22 of 32
~
General Liability
CHUBB
Conditions
Other Insurance
(continued)
D.
[hat is insurdIlCC:
I. provided [0 you by any pcnmo or organization working under contmCl OT agreement
ror you~ or
2. under which you ar~ included as un insured; or
E. thal is insurance under any Properly !iectiOll (If lhis policy.
When this insurmx;e is excess, we will have no dury k' defend d,e Insured against any suit if any
other insurer h... a duty to defend such insured against such suit. Jf nn nther insurer defends. we
will undertake to do so, but we will be endued to the insured's rights against all tbose other
insurers.
When this insurance is excess over other insurance, we will pay only our shme of the amount of
loss, if any, thal exceeds the sum of the total:
amount that all other insuraoce wou\cl pay for loss ill the absence of this insuraoce; and
of all deductible and self-insured amounts under all other insurance.
we will share the remaining loss. if any. with any other insurance thal is not described in this
Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of
Insurance shown in the Declarations of this insurance.
Method of Sharing
If all of the other insurance pennits contribution by equal shares, we will follow tbis method also.
Under this method eacb insurer conlribules equal amounts nntil it has paid Its applicable limits of
insurance or Done of the loss remains. wmcbever comes first.
If aoy of the other insuraoce does not permit conlribntion by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of its applicable limits of
insurance to tbe total applicable limits of insurance of all insurers.
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Premium Audit
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We will compute all premiums for this insunlDce in accordance with OUT rules and roles.
In accordance with the Estimated Premiums section of the Premium Snmmary. preminms sbown
with llD asteril;k (*) are estimated premiums and are subject to audit.
In addition to or in lieu of sucb designation in the Premium Summary. premiumS may be designated
as estimated premiums elsewbere in this policy. In thai. cnse, these premiums will als<) be 5ubjecllo
audit, and thc second paragraph of the Estimale<l Premium. sectioo of the Premium Summary will
apply.
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Separation Of Insureds
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Except with respect Lo the Limil.S or Insurance, and any rights"or duties ~-pecifically assigned il1lhis
insurance to the first named insured. this insurance applies:
as if each named insured were the only named insured; and
separately lO eacb inS\lred against whom claim is made or suit is Drought.
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Liability Insurance
Frxm 80-02-2DOO (Rsv. 4-01)
Contt8ct
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psg_ 23 of 32
Conditions
(continued)
Transfer Or Waiver Of
Rights Of Recovery
Against Others
LiafJility InSUflincs
Form 80-02-2000 (Rov. 4-01)
Wt; will w.tivc the righl or rc.cuvt.:ry we wDuld omerwi:\t: hilVC had flg(lin~t anothe1' pe1"l\on or
urg.ani7.:uion, for loss 10 which lhi~ insurance tlpplks. provided lhe im,'Ul"ud hits wllived (heir ri~hl~
or recovery ll~aima such pcr);tlO or llrgnni1.3lion in t-l GOnLfilCI ur fll,!.re~mcn( lh~l is executed hefure
such IOh"S.
Tll rhe extent lhallhe insured's rights LO recover all or part of ilny p~lymeDl made under thif:
insurance huve not heen waived, lhose right>; are transferred (0 us. The insured must do nothing
after los!=; La impair them.' Al our requesL. the in.rured will bring ~;uit or transfer Lhose rights In us
and help us cororce them.
This condidon does oot apply to medical expenses.
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Contract
Page 24 of 32