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HomeMy WebLinkAboutMS Sentry Control Systems; 2009CITY OF Agenda Item No: Meeting Date: June 1, 2009 SAN RAFAEL CI'T'Y COUNCIL AGENDA REPORT Department: Management Services Prepared by: Vince Guarino, Parking Services City Manager Approval: _ Manager SUBJECT: Consideration of resolution authorizing the City Manager to enter into an agreement with Sentry Control Systems, Inc. for maintenance services and replacement parts needed to operate Ski Data revenue control systems used in City parking garages. RECOMMENDATION: Staff recommends that the City Council adopts the attached Resolution authorizing the City Manager and City Clerk to execute a maintenance and replacement parts agreement. BACKGROUND: Revenue control equipment is used in gated parking garages to operate in and out gates, issue tickets, track parking times, accept parking fee payments, and provide operational and financial information. The City's A Street Garage and C Street Garage are equipped with revenue control systems manufactured by the Ski Data company. Sentry Control Systems, Inc. is the authorized provider of maintenance and sales for Ski Data in California. Sentry Control Systems, Inc, has provided maintenance for the City's parking garage equipment since the equipment was purchased. Approval of this resolution would renew the City's parking garage maintenance contract with Sentry Control Systems, Inc. for three years with a two-year extension. The maintenance fee includes the cost of upgrading the ticket & credit card processing devices in the four pay -on -foot machines. Newer versions of these units are much more reliable than the models currently in place. The cost of the contract will be $4,675 per month for the first two years of the contract and $2,560 for the final year due to the addition of equipment costs in the earlier months of the contract. The City of San Rafael's saves approximately $20,000 annually on revenue control system maintenance costs by employing in-house Parking Equipment Technicians (PETS). In addition to providing customer service, facility maintenance work. cash collections, and supervising parking attendants, PETS receive training from Sentry Control Systems and can perform many aspects of revenue control system maintenance and make repairs in-house. FOR CITY CLERK ONLY File No.: % 3 R7 Council Meeting: Disposition: ee:�'ot-U7(olo --g 1 s i SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: Revenue system reliability is essential to satisfactory operation of City parking garages. This contract helps to ensure that parking revenue equipment works reliably so that parking customers are charged correctly and do not experience delays in entering or leaving parking garages. FISCAL IMPACT: This contract will result in an average yearly cost of $48,000 for each of the coming three years. OPTIONS: 1. Approve the maintenance agreement as recommended. 2. Direct staff to modify the new maintenance agreement. ACTION REQUIRED: Adopt Resolution authorizing the City Manager and the City Clerk to execute the Maintenance Agreement. Encls. Exhibit 1 - Sentry Control Systems, Inc. maintenance agreement. RESOLUTION NO. 12751 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SENTRY CONTROL SYSTEMS, INC. FOR MAINTENANCE SERVICES AND REPLACEMENT PARTS NEEDED TO OPERATE SKIDATA REVENUE SYSTEMS USED IN CITY PARKING GARAGES. WHEREAS, the City of San Rafael operates Ski Data revenue control systems to collect parking payments and provide vehicle access to the City's A Street and C Street parking garages; and WHEREAS, Sentry Control Systems, Inc., is the exclusive dealer authorized by Ski Data for sales and service to that company's revenue control systems in the State of California; and; WHEREAS, revenue control equipment requires ongoing maintenance and replacement parts to operate reliably; THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Sentry Control Systems, Inc., for provision of maintenance services and replacement of specified parts & equipment over a period of three years with one, two-year extension, in the form attached hereto as Exhibit "A." I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 1St of June, 2009, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk City of San Rafael 3RD & A Street San Rafael, CA 94901 ELITE II MAINTENANCE CONTRACT Tenn The term of this service contract shall commence on the 15t day of June, 2009 ending on the 315` day of May, 2012 and shall be in full force thereafter until terminated by 30 days written notice from either party to the other. The purpose of this maintenance service contract ("Service Contract") is to state the terms and conditions under which Sentry Control Systems, Inc. ("Sentry") will furnish maintenance service as hereinafter defined on the following equipment operated by City of San Rafael and located at 3`d & A Street, San Rafael, CA 94901 and 51h Avenue & C Street, San Rafael, CA 94901. Customer will pay Sentry at the rate of $4,675.00 per month for services during regular service hours until the 31" day of May, 2010. After which the Customer will pay Sentry at the rate of $4,815.00 per month for services during regular service hours until the 31st day of May, 2011. After which the Customer will pay Sentry at the rate of $2,560.00 per month for services during regular service hours until the 30th day of April 2012.The furnishing of material parts and supplies, and consumable items, are not included under this Service Contract except as specifically provided herein and a reasonable charge will be made for them. Equipment List— Phase 1 Quantity Description 2 SKIDATA Entrance Columns 3 SKIDATA Exit Columns 2 SKIDATA Pay on Foot Machines 5 SKI DATA Barrier Gates 1 SKIDATA Paystation with Coder, Key board and Fee Display Shared Compaq Server with Coder Shared Commend Intercom System with Telephone Interface Equipment List— Phase 2 Quantity Description 2 SKIDATA Entrance Columns 3 SKIDATA Exit Columns 2 SKIDATA Pay on Foot Machines 5 SKIDATA Barrier Gates 1 SKIDAT Paystation with Coder, Key board and Fee Display Shared Compaq Serverwith Coder Shared Commend Intercom System with Telephone Interface Description of Service Elite II maintenance covers 1. Quarterly Scheduled inspection, cleaning, lubricating and adjusting of the equipment. 2. All service calls performed during normal working hours between 8:00am and 5:00pm Monday through Friday. 3. This contract includes ALL Darts required for repair or replacement as a result of normal wear and tear, and labor performed during normal working hours. 4. Replace the existing 450 Coders with the new 460 Unlimited Coders in the 4 Pay on Foot machines as needed during the term of this agreement. Elite 11 Page 1 v2.0 ,lune 1, 2001 City of San Rafael 3RD & A Street San Rafael, CA 94901 Elite II maintenance does not cover 1. All damaged or broken parts or items inoperative as a result of malicious or accidental damage, insect infestation, or acts of nature shall be repaired or replaced on a time and material basis. 2. Sentry will not be responsible for the replacement of gate arms, inking ribbons, sign faces, setting or changing time and/or date of clocks, restocking tickets, or resetting counters. These items and any related labor will be charged on a time and material basis. 3. Service calls as a result of power failure, removal of primary power for any reason, failure of loop wire, or failure of interconnect wiring shall be on a time and material basis and not considered a routine service call under the terms of this Service Contract. 4. Software releases and implementation time associated with new releases. 5. Training of personnel responsible for operating the equipment, system, and software. Maintenance shall be available during the normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday (excluding public Holidays). Sentry will make a reasonable effort to respond to an authorized service call the same day if the service call is placed by 11 am on a normal working day. Maintenance requested for non -covered services under the Service Contract shall be available during the normal working hours at our published rates (Exhibit A). Maintenance requested at other than normal working hours (after 5:00 p.m. or before 8:00 a.m. weekdays, Saturdays, Sundays, and Holidays) can be provided at our prevailing premium time rates (Exhibit A). Sentry does not assume any liability for damage or injury as a result of the use or misuse of the equipment maintained and it is fully understood and agreed that the lawful owner of this equipment assumes full responsibility resulting from said use or misuse. Either party with a 30 -day written notice may cancel this contract after April 30, 2011. Other Services If any repairs or services are required other than the Agreed Service, they will be performed under the written authorization of Customer and reasonable charges will be made for such authorized repairs or services. Access Customer shall permit Sentry's representative to have access to the Equipment during the regular service hours for the purpose of performing the Agreed Service In addition, Customer shall permit Sentry's representative to have access to the Equipment for the purpose of rendering the Agreed Service outside regular service hours or other services requested by Customer. Rate Adjustments The CPI as published by the US Government for the San Francisco bay area shall annually adjust the rate specified in this Service Contract. Disclaimer Warranties All replacement parts installed are delivered with the Manufacture's warranty. Customer acknowledges that this Service Contract constitutes the entire agreement and there are no warranties of any kind, express, implied or statutory or otherwise, not expressly set forth herein. This warranty is expressly in lieu of any other warranty, expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Elite 11 Page 2 City of San Rafael 3RD & A Street San Rafael, CA 94901 Limitation of Actions An action arising out of or related to this Service Contract or any services performed or parts delivered, must be commenced within one year after the cause of action has accrued. Indemnity Customer hereby releases, and shall defend, indemnify and hold harmless, Sentry and Sentry's officers, agents and/or employees, and assigns ("Sentry related parties") from any all claims, suits, or causes of action for damages for bodily injury, or property damage, arising out of or in any way connected with, or alleged to be arising out of or connected with, the Customer's negligent operation of the Equipment described in this Service Contract. "Bodily injury" shall mean physical injury to any person, emotional distress, death and/or loss of consortium. Such duties as set forth herein shall be owed to Sentry and to the Sentry Related parties to the full extent allowed by law except to the extent the injury or damage is caused by negligence, liability or fault on the part of Sentry or any Sentry Related Party, whether vicarious, direct, active, passive, sole, or concurrent. Sentry hereby releases, and shall defend, indemnify and hold harmless, the Customer and their respective officers, agents and/or employees, from any and all claims, suits, or causes of action for damages for bodily injury, or property damage, arising out of or in any way connected with, or alleged to be arising out of or connected with services described in this Service Contract, or otherwise arising out of any act or omission of Sentry. Such duties as set forth herein shall be owed to Customer to the full extent allowed by law except to the extent the injury or damage is caused by the active negligence of Customer. The defense obligation contemplated herein is contingent upon the tender by the party seeking indemnity of a claim which wholly or partially comes within the ambit of the above, and the indemnifying party shall pay promptly when due and as incurred, all attorneys' fees and costs generated in the defense of the indemnified party in connection with the entire action, including bonds and the costs of appeal. No obligation of the indemnifying party shall be lessened, reduced, delayed or affected by the existence of other potential or actual indemnitors or insurers, or by the indemnified parties rights against any third party for contribution, subrogation or proportion. Customer's Insolvency If Customer shall become bankrupt or insolvent during the term of this Service Contract, or is unable to meet obligations as they become due, Customer shall be deemed to have breached this Service Contract, and Sentry may terminate this Service Contract by serving written notice of termination. Such termination shall not affect any claim for damages available to Sentry. Release Sentry shall not be held responsible for any delay or failure to perform all or any part of the merchandise purchased due to federal, state, or municipal action or regulation; strikes or other labor troubles, fire, damage to, or destruction in whole part of Equipment; lack of, or inability to obtain labor or supplies; or any other causes, contingencies, or circumstances within or without the United States not subject to its control which prevent or hinder the manufacture or delivery of parts or make the fulfillment of this Service Contract impracticable; any of which shall, without liability, excuse Sentry from the performance of the Service Contract. Elite 11 Page 3 City of San Rafael 3RD & A Street San Rafael, CA 94901 Limitation On Time For Claims Customer's failure to present a written claim respecting any service hereunder, within one hundred eighty (180) days after performance of such service or supply of parts in connection therewith, shall constitute a waiver of all claims with respect thereto. Setoff All amounts that Customer is required hereunder to pay to Sentry shall without deduction or setoff for any amounts owed by Sentry to Customer, whether arising out of this or any other transaction involving the parties hereto. Entire Agreement This writing constitutes the entire Service Contract between the parties and exclusively determines the rights and obligations of the parties. Invalid Provision In the event that any provision of this Service Contract is found invalid or unenforceable pursuant to a judicial decree, the remainder of this Service Contract shall remain valid and enforceable according to its terms. Arbitration Any controversy between the parties to this Service Contract involving the construction or application of any of the terms, provisions or conditions of the Service Contract, shall under written request of Customer, served by the first class mail on Sentry, be submitted to arbitration by a mutually agreed arbitrator in accordance with the rules thin in existence of the American Arbitration Association ("AAA"), provided, however., that 1) the parties shall be entitled to all discovery rights in any applicable arbitration proceeding, subject to the jurisdiction of a California Superior court and 2) in the event that the Customer is made a party to any other court proceeding arising from or related to the Equipment or service that are subject to this Service Contract, the Customer shall have the right to elect to adjudicate any action through the AAA or the court handling such other court proceeding. The cost of arbitration shall be borne by the losing party. Governing Law And Jurisdiction The laws of California shall govern the construction and performance of this Service Contract. Customer irrevocably consents to the institution of any legal action or proceeding against it or any of its property arising out of or in any way connected with this Service Contract in California state or United States federal court located in Marin County, and submits to the nonexclusive jurisdiction of the aforesaid courts in any such legal action or proceeding. Attorney's Fees If any contract action is necessary to enforce or interpret the terms of this Service Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursement in addition to any other relief to which the party may be entitled. Elite 11 Page 4 City of San Rafael 3RD & A Street San Rafael, CA 94901 Insurance A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Elite 11 Page 5 City of San Rafael 3RD & A Street San Rafael, CA 94901 CUSTOMER / SENTRY CONTROL SYSTEMS, INC. Signature: Signature: Print Name: NORDH03FF Print Name: Mike Brill APPROVED AS TO FORM 1-4 �} k02— R.F. E STEIN,ity itorney Elite 11 Page 6 Title: Service Mana4er Date: March 30. 2009 City Clerk nn Signature: Print Name: Esther Bei me Title: City Clerk Date: June 5, 2009 Title: CITY MANAGER Date: June 5, 2009 Attest Signature: /1!5� jr.<.A Print Name: Esther Bei me Title: City Clerk Date: June 5, 2009 APPROVED AS TO FORM 1-4 �} k02— R.F. E STEIN,ity itorney Elite 11 Page 6 Title: Service Mana4er Date: March 30. 2009 City Clerk nn Signature: Print Name: Esther Bei me Title: City Clerk Date: June 5, 2009 City of San Rafael 3RD & A Street San Rafael, CA 94901 CUSTOMER Signature: Print Name: Title: Date: hpjmova 4& 4-2 &-C"' Signature: AA2A rJ Print Name: L-2,Gb&-f F: asf;Ein Title: (I �4�"Drn•t1� Date: Elite 11 Page 6 SENTRY CONTROL SYSTEMS, INC. Print Name: Mike Brill Title: Service Manaaer Date: March 30. 2009 City Clerk Signature: Print Name: Title: Date: City of San Rafael 3RD & A Street San Rafael, CA 94901 EXHIBIT A Rate Schedule For Non -Covered Services Reaular Service (Monday — Fridav 8am — 5pm) $120.00 for the first half hour; $104.00 per hour thereafter billed in half hour increments of $52.00 Svstems Enaineer Service (Mondav — Fridav 8am — 5=1 $174.00 for the first hour; $174 per hour thereafter billed in half hour increments of $87.00 Emeraencv Service Monday — Saturday @ 2 times the regular service or systems engineer rates (two hr minimum charge) Sunday & Holidays @ 2.5 times the regular service or systems engineer rates (two hr minimum charge) Rates are subject to change with 90 days written notice. Addendum A Elite 11 Page 7 CUSTOMER Signature: Print Name: Title: Date: Signature:� Lit- f G _ ` Print Name: 96bex+ F. V�;-j ( Title: JtT4 P4nrna / 1 � Date: City of San Rafael 3RD & A Street San Rafael, CA 94901 Elite 11 Page 6 SENTRY CONTROL SYSTEMS, INC. Signa tur Print Na Mike Brill Title: Service Manaaer Date: March 30. 2009 City Clerk Signature: Print Name: Title: Date: DATE ACORD- CERTIFICATE OF LIABILITY INSURANCE I 5/28/2009Y) PRODUCER (510) 273-8888 FAX: (510) 273-8867 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Saylor & Hill Co . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License: 0003950 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1999 Harrison St. Ste 1230 Oakland CA 94612 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Travelers Prop Cas of Am 25674 Sentry Control Systems, Inc. IINSURER BEverest National 9842 Glenoaks BlvdI INSURER C (INSURER D. I Sun Valley CA 91352 I INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEET REDUCED BY PAID CLAIMS. INSR ADVIL POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR LWn TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YYI I DATE (MM/DD/YY) GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A X = CLAIMS MADE ❑X OCCUR 6606276M384 GEN'L AGGREGATE LIMIT APPLIES PER 7 POLICY I X 1 JE—1 F LOC AUTOMOBILE LIABILITY X ANY AUTO A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS I GARAGE LIABILITY —1 ANY AUTO EXCESS/UMBRELLA LIABILITY X1 OCCUR ❑ CLAIMS MADE A DEDUCTIBLE X RETENTION S 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 If yesdescribe under SPECIAL PROVISIONS below OTHER 8106501M567 CUP6501M579 CA20011303081 EACH OCCURRENCE $ 1,000,000 IDAMAGE TO RENTED 300 000 PREMISES (Ea occurrence) $ 9/1/2008 9/1/2009 IMED EXP (Anvone oerson) S 10,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COM PIOP AGG $ 2,000,000 9/1/2008 9/1/2009 9/1/2008 9/1/2009 10/31/2008 10/31/2009 COMBINED SINGLE LIMIT S (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA ACC IS AUTO ONLY: AGG IS -EACH OCCURRFNCE $ AGGREGATE IS Is I Is I IS I X I TORY I IAMITS I (OFR I E.L. EACH ACCIDENT is E.L. DISEASE - EA EMPLOYEE( S E.L. DISEASE - POLICY LIMIT I S 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of San Rafael, its officers, agetns, employees and volunteers are included as Additional Insured with respect to work performed by the Named Insured. Waiver of Subrogation applies. Insurance is primary and non-contributory. *10 day Notice of Cancellation for non-payment of premium CERTIFICATE HOLDER City of San Rafael Attn: City's Risk Manager 1400 Fifth Ave. P.O. Box 151560 San Rafael, CA 94915-1560 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE John V. Stock/SL 7 ACORD 25 (2001108) © ACORD CORPORATION 1988 ItUCn,)r ins — P.— 1 of l IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 (olo8) 08a Page 2 of 2 Policy Number: 6606276M384 Named Insured: Sentry Control Systems COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and Il. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense, b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 Policy Number: 6606276M384 Named Insured: Sentry Control Systems COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages, Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F, Extension of Coverage — Bodily Injury G. Contractual Liability—Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury —Assumed by Contract N. Blanket Additional Insured —Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same 'occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aureements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 City Attorney 2 Contracting Department 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department Head 6 City Clerk Description Review, revise, and comment on draft agreement. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: _Vince Guarino x5335_ Agendized for City Council Meeting of (if necessary): _June 1, 2009 Completion Date ,C ( 1 10 If you have questions on this process, please contact the City Attorney's Office at 485-3080. ,k Council approval is required if contract is over $20,000 on a cumulative basis. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft / {� agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed - originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; �— bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized CSI Department Head official. 6 City Clerk City Clerk attests signatures, retains original, agreement and forwards copies to the &I ►'I eg contracting department. To be completed by Contracting Department: Project Manager: _Vince Guarino x5335_ Agendized for City Council Meeting of (if necessary): _June 1, 2009 If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. INSTRUCTIONS FROM: DEPARTMENT DATE CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. Vince Guarino 9 MS - Parking Services Division May 20, 2009 SRRA / SRCC AGENDA ITEM NO. r DATE OF MEETING: 6//09 TITLE OF DOCUMENT: Adopt Resolution authorizing the City Manager to enter into an agreement with Sentry Control Systems, Inc. for maintenance services and replacement parts needed to operate Ski Data revenue control systems used in City parking garages. 1< HAY 212009 D part ent Hea(si nature) , *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** APPR VED AS COUNCI A DA IT : �m el Cit anager (signature) NOT APPROVED REMARKS: (LOWER HALF OF FORM FOR APPROVALS ONLY) AGENCY APPROVED AS TO FORM: QVILA-- j2Fr,:- I City Attorney (signature MEMORANDUM CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNIA TO: Vince Guarino DATE: June 10, 2009 FROM: Esther C. Beirne SUBJECT: Sentry Agreement Vince: Herewith Original of the above contract signed by Ken and attested by me, together with two copies of the resolution (one for your files). Please have Sentry sign, return the original to this office and have them retain a copy for their files. Thanks 1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198