HomeMy WebLinkAboutItem No. 16 Contruction Contract Svs Millennium Alarm SystemsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-569
Agenda Date: 3/13/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 16)
Page 1 City of Lake Elsinore Printed on 3/8/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Jason Simpson, Assistant City Manager
Date:March 13,2018
Subject:On-call and Minor Construction Contractor Services Agreement with
Millennium Alarm Systems
Recommendations
1. Approve and authorize the City Manager to execute an agreement with Millennium Alarm
Systems in the amount of $200,000.00,in such final form as approved by the City Attorney.
2. Authorize the City Manager to execute change orders not to exceed the 10% contingency
amount of $20,000.00 for additional on-call and minor construction work as needed.
Background
Staff initialed a Request for Proposal (RFP) on January 17, 2018 for on-call and minor
construction contractor services and received six responses. Millennium Alarm Systems
responded providing the required information and following an interview process was selected as
one of the on-call and minor construction contractors. This is the third time in three years the RFP
process for on-call and minor construction services has been completed by the City and the first
time Millennium Alarm Systems submitted a proposal to the City. Millennium Alarm Systems has
provided essential contractor services in accordance with the agreement scope of work tailored
to specialized security, surveillance, networking, complete facility security and Wi-Fi networking
systems and cabling infrastructure. All of these services have been and will continues to be in
high demand by the City.
Discussion
Through the course of this year multiple projects have been completed by Millennium Alarm
Systems Many of these projects have been urgent requirements effecting City operational efforts
and continued City-wide services. Every assigned work effort has been proposed in writing,
reviewed and negotiated by City Staff and approved for execution. This work effort has included
a wide range of City requirements, time sensitive and urgent City operational and security and
networking demands representative of the work below:
o Security Camera Purchase,Installation and Maintenance
On Call and Minor Construction Services Agreement
March 13, 2018
Page 2
o Cabling of Communication Systems
o Control Systems and Servers
o Alarm Systems
o Software Systems
o System Maintenance and Software Modification
This Agreement is needed to ensure the continued on-call and minor construction contractor
support is in place for immediate operational demands and minor construction projects. The
sustainment of these essential general requirements provided a City-wide far reaching
rehabilitation and immediate maintenance augmentation of City services.
Following the approval of this agenda item work and execution of the attached agreement
services will be immediately available to the City, Staff has reviewed and verified the contractor
has a valid license and a review of the contractor’s references and General and Auto Liability
Insurances and Workers’ Compensation Insurance are in place naming the City as additional
insured.
Fiscal Impact
Funds are budgeted in the Fiscal Year 2017/18 Capital Improvement Budget or operating
budget for repairs, as applicable.
Exhibits
A - Agreement
B - Proposal
@BCL@400EA7D1.docx Page 1
AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL & MINOR CONSTRUCTION)
MILLENNIUM ALARM SYSTEMS
GENERAL CONTRACTOR SERVICES
This Agreement for Contractor Services (On-Call) (Agreement) is made and entered into as of
March 13, 2018 by and between the City of Lake Elsinore, a municipal corporation (City) and
Millennium Alarm Systems a Licensed General Contractor (Contractor).
RECITALS
A.The City has determined that it requires on-call general contractor services as presented
the in attachment the Exhibit ‘A’ contractor proposal.
B.The City has prepared a request for a proposals and Contractor has submitted to City a
proposal, dated March 13, 2018, both of which are attached hereto as Exhibit A (collectively, the
“Contractor’s Proposal”) and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D.City desires to retain Contractor to perform the services and related work as provided
herein and Contractor desires to provide such services and related work as set forth in this
Agreement.
AGREEMENT
1.Scope of Services. Contractor shall perform the services and related work described in
Contractor’s Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor’s Proposal (Exhibit A), subject to the
direction of the City through its staff that it may provide from time to time. Contractor
acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and
minor construction support on an as needed basis.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services and related work to be performed by Contractor is an
essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor’s
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such
the services and related work.
b.Performance Schedule. Contractor shall commence the services and related work
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor’s Proposal
Page 2
(Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be
approved in writing by the City Manager.
c.Term and Compliance with Task/Work Order System.
Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue
in full force and effect for a period commencing on March 13, 2018 and ending June 30, 2019.
The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not
to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to
Contractor not less than thirty (30) days before the end of the contract term, such notice to be
exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services performed
pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City.
Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or
services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation and Cost of Living Adjustment. Compensation to be paid to Contractor
shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is
attached hereto and incorporated herein by reference. In no event shall Contractor’s annual
compensation exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) without
additional written authorization from the City. Notwithstanding any provision of Contractor’s
Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost
without an inflator or administrative charge. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
The compensation paid to Contractor may be adjusted on each July 1 following the first
anniversary of the commencement of the term of this Agreement, provided that The request for
cost of living adjustment shall be presented to the City no later than June 1st of a particular year
and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be
based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event
shall the price adjustment exceed five percent (5%).
4.Method of Payment. Contractor shall promptly submit billings to the City describing the
services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor’s bills shall be segregated by project task, if
applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5.Reserved.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion
Page 3
of this Agreement such suspension or termination shall not make void or invalidate the remainder
of this Agreement.
b.In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7.Ownership of Documents. All plans, studies, documents and other writings prepared by
and for Contractor, its officers, employees and agents and subcontractors in the course of
implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or to any
other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies,
documents and other writings to City upon written request. City acknowledges that any use of
such materials in a manner beyond the intended purpose as set forth herein shall be at the sole
risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers,
officials, agents, employees and volunteersfrom any claims, demands, actions, losses, damages,
injuries, and liability, direct or indirect (including any and all costs and expenses in connection
therein), arising out of the City’s use of such materials in a manner beyond the intended purpose
as set forth herein.
a.Licensing of Intellectual Property. This Agreement creates a nonexclusive
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 that all subcontractors
agree in writing that City is granted a nonexclusive 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 prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
b.Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
Page 4
8.Contractor’s Books and Records.
a.Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to 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 to
this Agreement.
b.Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c.Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d.Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9.Independent Contractor. It is understood that Contractor, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall not
act as an agent or employee of the City.
10.PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System (PERS)
to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify,
defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as
for the payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the
contrary, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11.Interests of Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this
Agreement or any other source of income, interest in real property or investment which would be
Page 5
affected in any manner or degree by the performance of Contractor’s services hereunder.
Contractor further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a.will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b.possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12.Ability of Contractor. City has relied upon the training and ability of Contractor to perform
the services hereunder as a material inducement to enter into this Agreement. Contractor shall
therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor’s field of expertise.
13.Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14.Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
15.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials,
officers, employees, agents, and volunteers from and against any and all losses, liability, claims,
suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss
of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions
of Contractor or its employees, subcontractors, or agents, by acts for which they could be held
strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor
shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from
the sole negligence or willful misconduct of the City or its officers, employees, agents, or
volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have
contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
Page 6
16.Insurance Requirements.
a.Insurance. Contractor, at Contractor’s own cost and expense, shall procure and
maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following
insurance policies.
i.Workers’ Compensation Coverage. Contractor shall maintain Workers’
Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance
with the laws of the State of California. In addition, Contractor shall require each subcontractor
to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in
accordance with the laws of the State of California for all of the subcontractor’s employees. Any
notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by
the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses arising from
work performed by Contractor for City. In the event that Contractor is exempt from Worker’s
Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance
with the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii.General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily
injury, personal injury and property damage. If a commercial general liability insurance form or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii.Automobile Liability Coverage. Contractor shall maintain automobile liability
insurance covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with the work to be performed under this Agreement, including coverage
for owned, hired and non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code
1 (“any auto”). No endorsement may be attached limiting the coverage.
b.Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the
following specific language:
i.The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insured with respect to liability arising out of work
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work or operations.
ii.This policy shall be considered primary insurance as respects the City, its elected
or appointed officers, officials, employees, agents and volunteers. Any insurance maintained
Page 7
by the City, including any self-insured retention the City may have, shall be considered excess
insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability of the insuring
company.
iv.The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi.The insurance provided by this Policy shall not be suspended, voided, canceled,
or reduced in coverage or in limits except after thirty (30) days written notice has been received
by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City:City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Millennium Alarm Systems
Attn: Niels-Ole Staehr
1737 Atlanta Ave Ste H-8
Riverside CA 92507
18.Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Contractor. All prior written and oral communications, including
Page 8
correspondence, drafts, memoranda, and representations, are superseded in total by this
Agreement.
19.Amendments. This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
20.Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will
be permitted only with the express consent of the City. Contractor shall not subcontract any
portion of the work to be performed under this Agreement without the written authorization of the
City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts
or omissions of those subcontractors. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the part of
the City to pay or to see to the payment of any monies due to any such subcontractor other than
as otherwise is required by law.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys’ fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising
out of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. If the parties are unable to
agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the
option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining
shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
26.Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it
shall not be necessary to produce or account for more than one such counterpart.
27.Authority to Enter Agreement. Contractor has all requisite power and authority to conduct
its business and to execute, deliver, and perform the Agreement. Each party warrants that the
Page 9
individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into
an amendment or otherwise take action on behalf of the City to make the following modifications
to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in
the scope of services; and/or (d) suspend or terminate the Agreement.
28.Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
29.Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30.Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the work or services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
31.Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it
shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”“CONTRACTOR”
Page 10
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Millennium Alarm Systems
By: Niels-Ole Staehr, Owner
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
Cover Letter
Millennium Alarm Systems Inc. is pleased to present this proposal to the City of Lake Elsinore for
miscellaneous minor construction and repair services for the City on an as needed and on 24 hour -a -day, 7
day -a -week, and on-call basis.
Millennium Alarm Systems Inc. was established in 1998 and our Head office is located in Los Angeles. We
are currently licensed in California, Arizona, Nevada, Oregon, Texas, Colorado, Washington, Florida and
Puerto Rico.
Millennium Alarm Systems Inc. specializes in the design,
installation, minor construction, cabling, electrical, integration
and service of Security and fire alarm systems. MAS also
focuses on Access Control systems, and Closed Circuit TV
(CCN) camera surveillance systems for residential and
commercial applications.
Millennium Alarm Systems Inc. is able to provide you with a
solution for your security system requirement trom a single
family home to larger estates or apartment complexes, or a
small business to larger industrial facility. We have a solution to your needs. We have installed more than
100,000 security systems over the last 20 years and every single customer is important to us.
Millennium Alarm Systems Inc. has offices in California, Arizona, Nevada, Oregon, Texas, Colorado,
Washington, Florida and Puerto Rico but we also work closely with partners all over our license areas.
Through our partner operations, Millennium Alarm Systems, Inc. is able to reach out and help protect
customers in locations that might otherwise be unavailable.
Corporate Office Information: A♦.
Millennium Alarm Systems, Inc. I Los Angeles F"K!
5777 W. Century Blvd., Suite 1755
Los Angeles, CA 90045
Email: info@masinc2000.com
Phone: 1 (800) 400-7872
Fax: 1 (310) 337-1650
http://millenniumalaimsystems.com
Local Office Information:
Millennium Alarm Systems, Inc. I Riverside
1737 Atlanta Ave., Suite H-8
Riverside, CA 92507
Email: Oscar@masinc2OOO.com
Phone: 1 (310) 895-5373
Fax: 1 (310) 337-1650
http://millemiiumalarinsystemsriverside.com
31 Pa g e
Millennium Alarm Systems Inc. is uniquely qualified to provide your security systems, cabling
maintenance and services based on our existing knowledge of your environment. As an independent
systems integrator with extensive experience and best of breed technology, Millennium Alarm Systems
Inc. can provide the support and services to the City of Lake Elsinore. Millennium Alarm Systems Inc. is
well positioned to service the City of Lake Elsinore with our own team of dedicated technical resources,
including a large vehicle fleet, based locally out of our Riverside and other local offices.
In an effort to enhance the City's support and service experience, we are pleased to present a time and
material service proposal which includes on-call and emergency response as part of our comprehensive
offering solutions for cabling.
This proposal is to remain valid for a period of 180 days.
Authorized Signs:
r
'1
'Niels -Ole Staehr
Owner
Niels PMASinc200O.com
(310) 895-5370
41 Page
EXHIBIT A
CONTRACTOR'S PROPOSAL
SCOPE of SERVICES
This RFP is in response to City of Lake Elsinore for General Contractor Services and on-call &
minor construction.
Millennium Alarm Systems proposes to provide maintenance services in the following areas.
Cabling
Rates:
GENERAL MAINTENANCE SERVICES WAGE RATES
Normal Business Hours
Construction Rate
8` Non- Prevailing
Maintenance
"Emergency and After
Hours Rate
Unit of
Measure
(Hourly,
Subcontractor Proposer Notes
Services (Attached if
Non-
Prevailing
Prevailing Wage Rate
Area
Prevailing
Wage Rate
% Hour
Yes I No Needed)
Wage Rate
Wage Rate
available
Etc...
Yes 1
Cabling $120 $95
$240
$190
Hourly
Millennium Alarm Systems will provide an on-call phone number to be available 24x7x365.
Lake Elsinore is to assign two authorized approvers to contact Millennium Alarm Systems for
services.
Service level Agreement:
Priority LOW
MEDIUM
HIGH
EMERGENCY
Severity No impact to
interruption of Inter of Critical '
Interruption of
the customer;
service;
services; no work around
critical services
workaround is
workaround
available
affection several
available
likely available
users; no
workaround
ayai,lablg
Urgency
Immediate
Immediate
Immediate resolution is
Immediate
resolution is not
resolution is not
needed by the customer
resolution is needed
needed by the
needed by the
`
by the customer
customer
customer
I
I
SLA Targets Same business Same businessI Within 2 hours
day day
Services will be provided on time and material basis, billable as incurred.
Within 1 hour
221 Page