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HomeMy WebLinkAbout5206AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 for a 2 -Year Extension of the Goods & Services Agreement with Merchant Patrol Security Services, Inc. Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 7E January 11, 2017 January 18, 2017 PW & Utilities Wayne Hamilton (360) 473-5758 SUMMARY: The City is seeking approval to extend the current Goods & Services Agreement with Merchant Patrol Security Services, Inc. for security services and patrols for an additional two years with all the current / existing pricing, conditions and specifications to remain the same. This is the second and final contract extension for this required service. ATTACHMENTS: 1) Amendment No. 1 to extend contract #5206; and the Agreement FISCAL IMPACTS (Include Budgeted Amount): Total annual cost of contract is $ 48,364.17 per year. This amount is included in 2017 (and 2018 / 2019 preliminary) budgets. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: 91 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 for a 2 -year extension of the Goods & Services Agreement with Merchant Patrol Security Services, Inc. for security services and patrols; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AMENDMENTJ� TO. GOODS AND SERVICES , A MENT. FOR'S E . CURITY'SERVICES ANDPATROL S 'this is the first amendment to the contract for Security Services, and Patrols entqq4 into on the 1st day of Febr uary, 2013 Contract"), between the City of Bremefto ("City"); Inc. 'Vendor"). Whereas the arid e -aa wherein the Vehdor 'e: city Vendor entered �iftto the Contr. -O'ro.vides't',se,cLi�r'ity°se-rv,ites and patrols to various City facilities, as stated,,,, in. the. CoAtTaa and its exhibits; and -WfietvAs, the:Co'ntract was extended by two years in January 2015 via a Letter of Agreement; uti.ltzing the Contract's, optional extension�provision, and creating a new oxp iratioridate qflanuary,31, 2017; and Whereas, the City and the Vendor wish to extend the Contract for an additional 't:wa years;. With all,exis,tl , ng,pribes, conditions and specifications; and hereas-Ahis. is the second and final contract extension anticipated for this .required service; e.' Wh,6teas,,the; parties wish'to,'amend the Contract under Section 2, "Tine of Completion," to effectuate the two-year Contract extension. NOW, THEREFORE ;in consideration of the term, s,and- conditions contained herein; the City and'Ve naor mutually agree that, Section 2 o the Contract'is amended as 2. TIME OF COMPLETION- The term of this,Agree'rrientishall. commence on (February i, *2013) and will terminate on (January 31, 20-19), unless terminated earlier pursuant to this agreement. A. CONTRACT EXTENSION: The term of this: 4gxeerr-tent is 6ktended:t0 January 31, 2019. :This docu'ment,willbecome ,a,supplement to the Contract and d1l.provisions will apply°tier"eto. All. other terms of the Contract not specifically amended herein shall remain in fultf, A. fect.. force IN WITNESS WHEREOF the pai des,her.etq have executed. this Amendment the da , te,an&'yoar: indicated. CITY OYBREMERTON paft, 'Y Approved asp to forir: Rd9pe-f,,AA,,; LOV - h): City Attorn y Y fotfitlhig �$,hpuion Corin, City Clerk 2 Contract Number: 5206 Vendor: MERCHANT PATROL SECURITY SERVICES INC Subject: GSA Security Services & Patrols Department: Facilities File Class: LEG 12-1 Begin Date: 2/1/2013 End Date: 1/31/2017 Review Date: 6/30/2014 Vault Date: 2017 Comments: Letter of Extension 1/7/15 January 07, 2015 Dan Larson Merchant Patrol Security Services, Inc. PO Box 964 Olalla, WA 98359 Dear Mr. Larson: The Goods and Services Agreement #5206 for Security Services and Patrols is set to expire on January 31, 2015. Under the current contract, a two — year extension is allowed and with the negotiated and agreed upon cost of living increase, we are extending this Goods and Services Agreement #5206 for two (2) years with an increase allowed of 3% per year. This extension is subject to all other existing terms, conditions and specifications and will have a new expiration date of January 31, 2017. Should you have any questions, please feel free to contact me at (360) 473-2316 or e-mail me at chris.mottner@ci.bremerton.wa.us Thank you for your continued interest in doing business with the City of Bremerton Sincerely, U' 223 Chris Mottner, Inventory / Facilities Supervisor Approved, Patty nt Mayo C' y of Bremerton Agreed Upon, Dan Larson Merchant Patrol Security Services, Inc. Reference: City of Bremerton Contract #5206 Cc: Facility Contract File, City Clerk's Office, Wayne Hamilton Utilities Operations Manager Public Works & Utilities I 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-2330 Working for and with our citizens to establish Bremerton as Puget Sound's most beautiful and livable waterfront city Contract Number 5206 Vendor. MERCHANT PATROL SECURITY SERVICES INC Subject GSA Security Services & Patrols Department. Facilities File Class LEG 12-1 Begin Date 2/1/2013 End Date 1/31/2015 Review Date. 6/30/2014 Vault Date 2017 Comments GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Merchant Patrol Security Services, Inc ("Vendor"), whose mailing address is PO Box 964, Olalla WA 98359 The parties agree as follows VENDOR SERVICES The Vendor shall provide the following goods and materials and/or perform the following services for the City SCOPE The vendor agrees to perform the services more specifically described in the scope of work and duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein The scope of work and duties may be modified only pursuant to section 10 K of this agreement If the scope of work and duties provides for unspecified additional services, such services shall only be performed upon the express written request of the city Vendor further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed TIME OF COMPLETION The term of this agreement shall commence on February 1, 2013 and will terminate on January 31, 2015, unless terminated earlier pursuant to this agreement COMPENSATION The City shall pay the Vendor in an amount not to exceed $5,000 00 per month Vendor shall bill for services at the rate of $15 25 per hour and shall provide six (6) hours of security per day, seven (7) days a week, and shall bill for vehicle patrols at the rate of $18 00 per hour and shall provide two (2) hours of vehicle patrols per day, seven (7) days a week Vendor shall submit regular billing statements describing work performed and amount charged for security services The descriptions shall conform to and fall within the categories set out in the Scope of Services Upon receipt of a conforming billing statement, the City shall promptly process the payment Vendor shall not perform work beyond the Scope of Services and Duties, nor shall vendor be compensated for such work, unless the Scope of Service and Duties or amount of compensation is modified pursuant to this Agreement Vendor shall only be compensated for additional services if requested pursuant to Section 10 K and, if not otherwise provided, such compensation shall be in accordance with this Section If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve vendor of its obligations under this Agreement INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, Including all required licenses for Contractor's officers, agents employees and subcontractors 5 TERMINATION The City may tel comate this Agreement for good cause "Good cause" shall include, without hmitation any one of more of the following events A The Vendor's refusal or fatluie to supply a sufficient number of piopeily skilled woikeis tot completion of this Agreement �l.lUlll� suvlLo' & 1'auol" 13tt\\�.ui IhL C M of 131unuton & N1uL11a11t Pa1101 Sl,_L[111\ Ing B The Vendor's failure to make full and prompt payment to subcontractors or for material or labor C The Vendor's failure to complete with federal, state or local laws, rules or regulations D The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further montes due under this Agreement until the services required by this Agreement are completed and fully performed 6 CHANGES The City may issue a written change order for any change in the services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written chaige order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Vendor's records needed for evaluating the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Vendor's Duty to Complete Protested Work In spite of any protest the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendoi accepts all requirements of a change order by (I) endorsing it (2) writing a sepai ate acceptance or (3) not piotesting in the way this section piov ides A change older that is accepted by Vendor as provided in this section shall constitute tUII payment and final settlement of all claims foi conte act time and fol SLcuiitV '�llVILO, & PdtIOI5 13Lu\tui the Cite 01 131LI11CII011 R MCILhant P,1001 tiuu10 Ing direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, mterpretatiois, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) CLAIMS The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only ►f) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's written claim must mcludethe information set forth regarding protests in Section 6(A)(2)(a)-(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete INDEMNIFICATION Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competentjurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED PHIS WAIVER SLLU1 0 SLr\,ic« R Patrols 13ct\ALLn (11L CilA of Bicnu.rton K i ULhant PM101 SClullh Ing The provisions of this section shall survive the expiration or termination of this Agreement INSURANCE The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing Automobile Liability insurance with limits no less than $500,000 combined single limit per accident for bodily injury and property damage, and Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims -made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 10 MISCELLANEOUS A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall tale precedence i Addenda, if any, 2 Contract 3 Scope of WoiI, & Duties (E\hibit A) 4 Bid Pioposal SlUlill\ SLIVI«ti & P,IIIOk 13Ln«u1 the (.it\ ul Riuriutun & Nluc,h,uit PaUol Sl.(-llllh In(- C E F G H J K Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to Scope of Work & Duties 2 Bid Proposal Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington Attorney's Fees In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement Notices to be sent to VENDOR Attn Dan Larson Operational Manager Merchant Patrol Security Services Inc PO Box 964, WA 98359 Notices to be sent to CITY Attn City Clerk City of Bremerton 345 6'i' Street Suite 600 Bremerton, WA 98337 Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void Modification No waiver alteration or modification of any of the provisions of this Agreement shall be binding unless in wi iting and signed by a duly author ized iepi esentative of the Citv and Vendoi ScLinihV SL1V1IIS & PauolS Blil\LCn the City of Rieniciton & MuLhant Patiol SCLUIM Inc L Severability If anyone or more sections, sub -sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY McrcL �� k o, ro \ Stc,v-(i ) Srv, City of Bremerton By By Print Name Print Name 4"?_ Its M"je-St^ Its 4 /Pi Date 2- L t- 2,>6 3 Date JF 2— 22 -%3 APPROVED AS TO FORM By 1 �/ Bremerton dity Attorney ATTEST By y Clerk SeLLIlIt\ Seicic.e%& Patrol~ 13Ltuc,cn the ( it\ of 13iunuton & Kleic.hant Patrol SLLuiit\ Inc. Exhibit A SCOPE OF WORK AND DUTIES FOR Security Services and Patrols The contractor shall: A Provide the, required ,amount of security services per day, seven (7) days a week between the hours of 8 00 PM and 6 00 AM B Vary times of vehicle and foot patrols during the required hours to be most effective C Provide vehicle patrol through city facilities as required D Have all security personnel wear uniform apparel for identification and to maintain a professional appearance when on duty and to enhance authority E Have all security personnel successfully pass employment background checks, reference checks driver's record checks, drug screening and provide evidence of such if requested by city representatives F Have all security personnel be "unarmed", no exceptions allowed G Provide the city representatives with phone number and instructions for contacting supervisor staff to report misconduct, non-performance, or un -kept appearance of assigned security personnel Locations: A Downtown Parking Facility, 405 Washington Avenue B Harborside Parking Facility, 100 Washington Avenue C Bremerton Library, 612 Fifth Street D Municipal Courts Building, 550 Park Avenue E Conference Center, 100 Washington Avenue F Naval Museum Facility, 251 First Street G Park Avenue Plaza Garage, 300 Park Avenue 1 Basic Duties - Patrol on foot and inspect all levels of the facility, elevator, stairwells and the outer perimeter, as applicable Patrol and inspect buildings and grounds to detect and prevent fire, theft, illegal activity and property damage Examine doors and windows to ensure security 3 Patrol in security marked vehicles, through parking facilities and outer perimeter of facilities, as applicable 4 Report and log all incidents of theft, vandalism, accidents and other disturbances 5 Assist contracted parking services with related tasks associated with vehicles and during scheduled events and activities, as applicable 6 Inspection of fire suppression system daily, as instructed, and record data as required 7 Give verbal warnings of "no trespassing" to persons loitering, or have no reason to be on city property, maintain an activity log of incidents to be given to the city on a monthly schedule or as requested Supervisory Duties/Requirements 1 Have contact with security services patrolman two (2) times per week to discuss any current issues and changes for quality control purposes and for evaluation of employee performance 2 Physically inspect service locations one (1) time per month to see if service, procedures, or facility operations require changes or additional coverage 3 Provide security recommendations to the city representatives that may enhance safety and security at city properties 4 Access and review, for accuracy, the daily security service logs and check for proper security coverage for each location, per scope of work Vehicle Security Patrols Vehicle security patrols will be required at the City of Bremerton parking facilities to enhance presence and for coverage of'parking levels and areas Vehicle security patrol shall be with the contractor's company owned vehicle when patrolling in city owned property and insured as such Service Requirements The following locations require a total of four (4) hours of security presence per day, seven (7) days per week Two (2) hour of vehicle patrol, per day, seven (7) days per week • Downtown Parking Facility • Harborside Parking Facility • Park Avenue Plaza Garage Each of the following locations requires half (1/2) hour of security presence per day, seven (7) days per week for a total of two (2) hours of security per day • Bremerton Library • Municipal Courts Budding • Conference Center • Naval Museum Facility City Contract List: A Chris Mottner, Inventory/Facilities Supervisor Phone (360) 473-2316 Email chns mottner a bremerton wa us B Colen Corey, Lead Facilities Service Specialist Phone (360) 473-5335 Email colen cora bremerton wa us C Customer Response Dispatcher (24 hour message phone) Phone (360) 473-5920 Term: A Services will be for a two (2) year period, beginning upon formal award of contract B An additional two (2) year optional term may be offered and negotiated by both partes, with rates adjusted to compensate for increases to cost of living rates C The City of Bremerton has the option to add hours of security services for the locations listed, if required, and will be billed at the same hourly rate as bid 3 Exhibit B BID PROPOSAL Security Services and Patrol City of Bremerton 1. Unarmed Security Guard 2 Vehicle Security Patrols $_ K, 25 Per Hour $ 153,0(--) Per Hour.* (* if additional to item #1) Note: All supervisory and security work shall be included in the hourly rate shown. Total of six (6) hours security guard and two (2) hours of vehicle security patrols per day = (8) hours/day. Contractor Firm Name v�_ ..�ev �.ev •ram' _�. - !krf Aje JnL%L _.a AddressEka i. )(,&,V r,,c '..• i• • �. ar_�• • t. Telephone Number- 3(,0.3'77_ jR5-dp Fax M-f3f3S Employer's Identification Number 9 1'Z 143(4 Sc7 I Washington Industrial Insurance Number _D-S_S '7L/A _ op Washington State Excise Tax Registration Number (UBI) Washington State Contractors Registration Number _7c'A Washington State Contractors Registration Expiration Date (o- City of Bremerton Business License Number 2HM2 • / 1 ®- .. '. - .. ._ ACORO CERTIFICATE -OF LIABILITY INSURANCE,5i11i2016 DATE (MM/DD/YYYY) -;• THIS CERTIFICATE IS ISSUED•AS.A,iMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THECERTIFICATEHOLDER. 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_ µBETWEEN 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 be endorsed. If 'SUBROGATION IS WAIVED, subject to the terms and:conditions.`of thepolicy, certain policies may -require an endorsement.. A,statement on this certifickt-Aoes.not confer rights -to the certificate holder in lieu of such endorsement(s).- - - PRODUCER+, , -•-. �-,: r ..,..,., . ,...,,� ij E: j InsuranceiTek, Inc ' "'"' "" ` "' " CA .#OE32789 ? :a r„ : MAY 2016 CONTACT y NAME: Kath Kane PHONE (888)505-1555.' ` FAx (600)521.-1528 EAAC, No, Ext): '(A1C No) IL ADDRESS: Kathy. Kane@ Insurance "t"ek c`om INSURER(S) AFFORDING COVERAGE. , , - NAIC # PO .BOX 7O _ _.. . INSURE RA:Philadelphia Insurance. Company Snohomish WA 98291-0070 City of Bremerton INSURED �Sk agement INSURER 8 $ INSURER C Merchant Patrol Security Services, Inc 13998 Klahanie Ln SE X INSURER D: PHPK1332719 5/23/2016 INSURER E Olalla WA 98359 INSURER F: X rnVFQARFC rFQTIFIrATF All I1VIRFQ•CL155446214 RFVISInN NIIMRFR: 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. _ LTR TYPE OF INSURANCE ADDLSUBRI POLICY NUMBER MMIDD/YYYY MMLDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY1,000,000 EACH OCCURRENCE $ A I CLAIMS -MADE OCCUR PROFESSIONAL E&O X PHPK1332719 5/23/2016 5/23/2017 DAMAGE TO RENTED PREMISES (Ea occurrence)_ MED EXP (Any one person) 100,000 $ _ $ 5, 000 X BLANKET ADDL INSURED PERSONAL& ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $- 2,000,000 GEN'L x, POLICY.., JECT J PRO- LOC I J PRODUCTS = COMP/OP AGG -$_. 2., 000 , 000 PROFESSIONAL.E&0_...,. ;;..$ 1,000,000 OTHER:- • •, AUTOMOBILE LIABILITY ' . .. `_- COMBINED SINGLE�LIMIT {Ea accident) $ 1.,.000 , 000 A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X ' NON -,OWNED. HIRED AUTOS XAUTOS ' ipHPK1332719 - - - •• - - . 5/23/2016 5/23/2017 RY (Per person). I BODILY -INJURY $ ... _ BODILY INJURYy(Per accident) $., , — PROPERTY DAMAGE (Per accident) —_ _ A g , UMBRELLA LIAB OCCUR EXCESS LIAB LCLAIMS-MADE FOLLOWING FORM "' EACH OCCURRENCE $ 1, 000 , 000 — AGGREGATE" _ — -- -- $ 1,000,000 DED I X RETENTION $ 10 000 PHUB498761 5/23/2016 5/23/2017 "PER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WASHINGTON STOP GAP I STATUTE X �RH E.L. EACH ACCIDENT • $ 1,000;000? A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A PHPK1332719 5/23/2016 5/23/2017 E.L. DISEASE - EA EMPLOYEEI $ 1, 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1,0_00,000 If yes, describe'under- DESCRIPTION OF OPERATIONS below � I I ! DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is added as additional insured when required by contract rC0TIC1f'AT1= U^1 nCo CAkI('FI I ATIr) J U 1!Jt$U--LU14 AGUKU I.UKYVKA I IUN. All rlgnis reserveu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) 5 J FAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE �'Loyeti Vicki Baser/KANE U 1!Jt$U--LU14 AGUKU I.UKYVKA I IUN. All rlgnis reserveu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) 5 J FAI PHILADELPHIA INDEMNITY INSURANCE COMPANY 1-877-438-7459 ONE BALA PLAZA, SUITE 100 BALA CYNWYD PA 19004 REINSTATEMENT NOTICE Named Insured & Mailing Address: MERCHANT PATROL SECURITY SERVICES, PO BOX 964 C/O DAN LARSON OLALLA WA 98359 Producer: 0003765 4�7sa%7 IOFP 2,1 2018 City of bremertor, -ity Attorney's Cfficc NICHOLSON AND ASSOCIATES INSURANCE 1802 BLACK LAKE BLVD SW 3RD FLOOR OLYMPIA WA 98512 Policy No.: PHPK1816072 Type of Policy: PACKAGE INCLUDING AUTO You recently received a notice advising this policy was being cancelled effective 09/26/2018 . This notice is to advise that the policy is being reinstated without lapse in coverage. Other Party of Interest y CITY OF BRENERTON, ITS OFFICER,OFFICI 02 EMPLOYEES, AGENTS & VOLUNTEERS 345 6TH ST STE 600 BREMERTON WA 98337 Date Mailed: 21st day of September, 2018 r MISSY LYNCH WACT36 FORM# CT969897WA51995 09212018SNNY ODFN 3.0.18 08a Copy for Other Interests Page 1 of 1 U 4iJ0x'11-0001 b'I h-: PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group Oue Bala Plaza, Suite ioo, liala ('yim,cd. Penns. 1% mutt 1qu04 ;1(Ml CITY OF BRENERTON, ITS OFFICER,OFFICI oEMPLOYEES, AGENTS & VOLUNTEERS 345 6TH ST STE 600 BREMERTON WA 98337 MERCH-1 OP ID: T1 ,acoRo CERTIFICATE OF LIABILITY INSURANCE `--� DATE 05//09/201809/2018 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 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 Nicholson & Associates 1802 Black Lake Blvd. SW • f ''9`5f �b F, Olympia, WA 98512 ` ¢.-- Ben M. Houk CONTACT gen M. Houk NAME: (A/C PHO,No Ell: 360-352-8444 A/c No): 360-943-9712 E-MAIL ADDRESS: certificates@nichinsure.com INSURER(S) AFFORDING COVERAGE NAIC # 05/23/2018 INSURER A: Philadelphia Insurance Company INSURED Merchant Patrol Security Services, Inc. V r)1 CSr;'igi(0^ PO BOX 964 Olalla, WA 98359 nk # f'1 iB,=QR18(1l INSURER B: INSURERC: INSURER D: E: GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO ❑ LOC JECT OTHER: rINSURER INSURER F: PRODUCTS - COMP/OP AGG $ 2,000,RC COVERAGES CERTIFICATE NUMBER: RFVISION NIIMRFR- 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. ILICY LTR TYPE OF INSURANCE INSD WV POLICY POLICY NUMBER EFF MM DDY/YYYY EXP MM/DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-1 OCCUR _ X PHPK1816072 05/23/2018 05/23/2019 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL &ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,RC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED HIRED AUTOS AUTOS X PHPK1816072 05/23/2017 05/23/2018 COMBINED SINGLE LIMIT $ 1,000,00 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X PHUB628045 05/23/2018 05/23/2019 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PHPK1816072 WA STOP GAP 05/23/2018 05/23/2019 X PER OTH- STATUTE PER E.L. EACH ACCIDENT $ 1,000 ( E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Bremerton is included as additional insured when required by written contract. - C L,t:K I 11—ILA I t MULLtM CANCELLATION CITYBR2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE C1�Uu,Lt.1,►Nyf�,� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PI-GLD-SG (01/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the subject matters of these extensions is provided under this policy. If such other specific coverage applies, the terms, provisions, conditions and limits of such other coverage constitute the sole and exclusive coverage applicable to such subject matter(s) under this policy, unless otherwise noted in this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security Services only 2 Medical Payments $20,000 2 Medical Payments — Extended Reporting Period 3 years 2 Supplementary Payments — Bail Bonds $2,500 3 Supplementary Payments — Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured — Broadened Named Insured Included 3 Additional Insured — Managers and Supervisors Included 3 Additional Insured — Managers, Landlords, or Lessors of Premises Included 3 Additional Insured — Lessors of Leased Equipment—Automatic Status When Required in Lease Agreement With You Included 4 Additional Insured —Grantors of Permits Included 4 Additional Insured — Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bodily Injury — Mental Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice Included 9 Page 1 of 10 C 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) I. ADDITIONAL COVERAGES AND EXTENSIONS A. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III — LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V — DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments — Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III —LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Under SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (b) is amended to read: provided that: Page 2 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) (b) The expenses are incurred and reported to us within three years of the date of the accident; and D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, Items 1.b, and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or personsor organizations making claims or bringing "suits." F. Who is an Insured SECTION II — WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured —Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Managers and Supervisors — If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors c. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any `occurrence" which takes place after you cease to be a tenant in that premises; or Page 3 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. d. Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance f. Blanket Additional Insureds by Contract — Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Page 4 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) 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 (b) 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. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV — COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. I. Duties in the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. This is upon the distinct understanding and agreement however, that you, the insured, as soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. Page 5 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) 2. The requirement in Condition 2.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the 'occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 3. The requirement in Condition 2.b. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit' is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. K. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. L. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. M. Assault and Battery with Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury Page 6 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to: (1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to "suits" seeking "damages" for "bodily injury" or "property damage" proximately caused by negligent acts, errors or omissions committed by you in the actual rendering of professional services described in the Declarations for clients, customers or patrons of the insured. 2. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to "suits" seeking "damages" arising out of offenses within the scope of "personal and advertising injury" that are proximately caused by negligent acts, errors or omissions committed by you in the actual rendering of professional services described in the Declarations for clients, customers or patrons of the insured. 3. SECTION I — COVERAGES is amended by adding the following: COVERAGE D — ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as "damages" sustained by a client, customer or patron of the insured proximately caused by negligent acts, errors or omissions committed by you in the actual rendering of professional services described in the Declarations. We will have the right and duty to defend any "suit' seeking those "damages". However, we will have no duty to defend the insured against any "suit' seeking such "damages" to which this insurance does not apply. We may, at our discretion, investigate any claim or "suit' that may result. But: (a) The amount we will pay for "damages" within the scope of this coverage is limited as described in SECTION III — LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. Page 7 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D. (2) This insurance applies only if the negligent act, error or omission upon which the claim(s) asserted in a "suit" are based was first committed during the policy period in the coverage territory. All acts, errors and omissions that are causally or logically related shall constitute a single act, error or omission first made when the earliest act, error or omission was committed. b. Exclusions The following exclusions apply in addition to those in SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, even though such exclusions do not expressly reference this additional coverage. This insurance does not apply to: (1) "Bodily injury", mental anguish, emotional distress or "property damage"; (2) "Personal and advertising injury"; (3) Intentional injury, nor injury arising out of willful violation.of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary "damages"; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for "damages": (a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. Page 8 of 10 C 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) (11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. (12) All exclusions and limitations on coverage that are applicable to Coverages A and/or B shall be equally applicable to Coverage D. c. SUPPLEMENTARY PAYMENTS— COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D d. SECTION III — LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. "Damages" under Coverage A, except "damages" because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. "Damages" under Coverage B; and d. "Damages" under Coverage D. (2) Item 5. is replaced by the following: 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. "Damages" under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage" arising out of any one "occurrence"; and c. "Damages" under Coverage D. Page 9 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG (01/14) e. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and 2. Medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. II. DEFINITION For the purpose of this endorsement, SECTION V — DEFINITIONS is amended to include the following additional definition: A. "Damages" mean a monetary: 1. Judgment; 2. Award; or 3. Settlement, But does not include fines, sanctions, penalties, statutory "damages", or the multiplied portion of any "damages", including any and all sums as to which the "insured" may be found liable to a governmental entity based upon alleged violations of statutes, rules, regulations or ordinances. Page 10 of 10 © 2013 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI -GL -005 (07112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 05/23/2018 Name of Person or Organization (Additional Insured): City of Bremerton, its officers, officials, employees, agents & volunteers SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMENDMENT NO.2 TO SECURITY AND PATROL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND MERCHANT PATROL SECURITY SERVICES, INC. This is the second amendment (third term extension) to the contract for Security Services and Patrols entered into on the 22nd day of February, 2013 ("the Contract"), between the City of Bremerton ("City") and Merchant Patrol Security Services, Inc. ("Vendor"). Whereas, the City and the Vendor entered into the Contract wherein the Vendor provides security services and patrols to various City facilities, as stated in the Contract and its exhibits; and Whereas, the Contract was extended by two years in January 2015 via Letter of Agreement, utilizing the Contract's optional extension provision, and in January 2017 via Amendment No. 1, which created a new expiration date of January 31, 2019; and Whereas, the City and the Vendor wish to extend the Contract for an additional year; and Whereas, the City and the Vendor have negotiated an increase to the Security Service rates to reflect COLA increases at an agreed amount of 1.0 %; and Whereas, this one-year extension will allow time for staff to evaluate the future need for security services as well as changes to City parking facilities that are within the Contract's Scope of Services. THIS CONTRACT AMENDMENT AGREEMENT SPECIFICALLY MODIFIES THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Merchant Patrol Security Services, Inc. on February 22"d, 2013 and as modified on January 31, 2017 via Contract Amendment No. 1. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 2. Time of Completion , is modified as follows. This amendment extends the termination date of the Contract from January 31, 2019 to January 31, 2020. Section 3. Compensation 'is modified as follows: This amendment increases the 2018 rates of the Contract by one percent (I%). New rates; Unarmed Security Guard $18.39 hr., Vehicle Security Patrols $22.20 hr. II. Page 1 of 2 Merchant Patrol Security Services Contract Modification Rev. 07/18 Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on February 1, 2019. Public Works Director approved to process 3 f� l� (Initials and Date) MERCHANT P TROL SECURITY SERVICES By , Print ame: c_A e -so rj Its: Date: APPROVED AS TO FORM: By: ROGER A. LUBO C reme n City Attorney NOTICES TO BE SENT TO: Page 2 of 2 Merchant Patrol Security Services Contract Modification Rev. 07/18 THE CITY OF BREMERTON By: YW Print N PT W\n "t e< Its: :` "o Date: t5 j j t 9 ATTEST: c�a:aBy: ANGELA WdODS, City Clerk NOTICES TO BE SENT TO: City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 .----"'""1 -ii ,St?La ACORD DATE(MM/DD/YYYY) CO CERTIFICATE OF LIABILITY INSURANCE 06/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in(UQl1®f such endorsement(s). PRODUCER CONTACT NAME; Tiffany Karpavicius Nicholson &Associates Ins LLC JUN 2 6 IANC No.Ext): (360)352-8444 (AFAX 1802 Black Lake Blvd SW#301 E-MAIL IC,No): (360)943-9712 ADDREss: tiffany@nichinsure.com Olympia,WA 98512 INSURER(S)AFFORDING COVERAGE NAIC# City of Bremertcr Risk ManagemenwsuRERA: Mt Hawley Insurance Company INSURED INSURER B: Progressive Merchant Patrol Security Services, Inc INSURERC: PO Box 964 INSURER D: i (Naiia,WA 98359 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-25223 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS -LTR INSD VD POLICY NUMBER (MM/DD/YYYY) IMM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y PGA0003853 05/23/2019 05/23/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occuED ence) $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYZE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 00744122 05/23/2019 05/23/2020 (Ea aBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED 1- SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) A UMBRELLA LIAB OCCUR XGA0001635 05/23/2019 05/23/2020 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A AND EMPLOYERSELIABILOITY STAT PGA0003853 05/23/2019 05/23/2020 X UTE EERH Stop Gap ANY PROPRIETOR/PARTNER/EXECUTIVE �/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [ N I A --- - , ---- -- --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is included as additional insured when required by written contract. CA (41,CA texpi < < et 1 . 31 . 11 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE I .) 1 (NTK) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NTK an June 20,2019 at 09:24AM Policy Number: PGA0003853 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) RECEIVED 2 This endorsement modifies insurance provided under the following: City of Bremerton COMMERCIAL GENERAL LIABILITY COVERAGE PART Risk Management A. Section II — Who Is An Insured is amended to b. Supervisory, inspection, architectural or engi- include as an additional insured any person or organ- neering activities. ization for whom you are performing operations when you and such person or organization have agreed in 2. "Bodily injury" or "property damage" occurring writing in a contract or agreement that such person or after: organization be added as an additional insured on your policy. Such person or organization is an addi- a. All work, including materials, parts or equip- tional insured only with respect to liability for "bodily ment furnished in connection with such work, injury," "property damage" or "personal and adver- on the project (other than service, mainte- tising injury" caused, in whole or in part, by: nance or repairs) to be performed by or on behalf of the additional insured(s) at the lo- 1. Your negligence; or cation of the covered operations has been completed; or 2. The negligence of those acting on your behalf; b. That portion of "your work" out of which the in the performance of your "ongoing operations" for injury or damage arises has been put to its the additional insured. intended use by any person or organization other than another contractor or subcontractor A person's or organization's status as an additional engaged in performing operations for a prin- insured under this endorsement ends when your oper- cipal as a part of the same project. ations for that additional insured are completed. C. With respect to the insurance afforded to these addi- To the extent required under contract, this policy will tional insureds, the following is added to Section III — apply as primary insurance to additional insureds and Limits Of Insurance: other insurance which may be available to such addi- The most we will pay on behalf of the additional in- tional insureds will be non-contributory. sured is: B. With respect to the insurance afforded to these ad- 1. The minimum amount required by any contract or ditional insureds, the following additional exclusions agreement you have entered into to provide addi- apply: tional insured coverage; or This insurance does not apply to: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. "Bodily injury," "propertydamage" or personal and advertising injury" arising out of the rendering whichever is less. of, or the failure to render, any professional archi- tectural, engineering or surveying services, This endorsement shall not increase the applicable including: Limits of Insurance shown in the Declarations. a. The preparing, approving, or failing to prepare D. Definitions or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders "Ongoing operations" means operations not included or drawings and specifications; or in the "products-completed operations hazard." ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 215 (06/16) Contains copyrighted material of ISO Properties, Inc. Page 1 of 1 Incl irari Policy Number: PGA0003853 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US RECEIVED This endorsement modifies insurance provided under the following: JUN 2 6 2019 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART City of Bremerton Risk Management SCHEDULE Name of Person or Organization: As required by written contract signed by both parties prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Inst I r.ci