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Home My WebLink AboutC-9500-1 - Newport Beach Police Station Video Surveillance System ReplacementCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk May 16, 2025 Vector Resources, Inc. DBA VectorUSA Attn: Mr. Timohty Sims 20917 Higgins Court Torrance, CA 90501 Subject: Newport beach Police Station Video Surveillance System Replacement Contract No. 9500-1 Dear Mr. Sires: On March 11, 2025, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor -& Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 12, 2025, Reference No. 2025000078931. Enclosed is the released Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 47-S U R-300064-01-0377 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Vector Resources, Inc. DBA VectorUSA hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of mobilizing to the site; providing submittals; completing employee background verification; removing and replacing the existing video surveillance system, including but not limited to, one -for -one replacing existing cameras, new computers, monitors in the jail office, Watch Commander's office and lobby, new server rack with rack mounted head -end equipment including, video management software (VMS) with video recording functions, software and required software licenses, new wiring and station outlets/ connectors; and providing close out documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Berkshire Hathaway Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eighteen Thousand Three Hundred Seventy Dollars and 44/100 Cents ($318,370.44) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the Vector Resources, Inc. DBA VectorUSA Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9th day of JLfly--�` , 2024_. Vector Resources, Inc. dba VectorUSA Name of Contractor (Principal) Berkshire Hathaway Specialty Insurance Company Nam_ of Surety 100 Federal Street, 7th Floor Boston, MA 02110 Address of Surety 678-867-6100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ? /) 9jZ-4 By: t> Harp City Attorney ��Zy ?rc �i �-(i) 1 Authorized Agent Signature William G. Moody, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Vector Resources, Inc. DBA VectorUSA Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of)MWtftMx County of Gwinnett } ss. On July 1 , 2024 before me, Tiffany Soko Notary Public, personally appeared William G. Moody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �-� , L10 1) 1 Signa ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California oe SS 00 se 0 County of L0 � AVM fLi } ss. On -svg C1 , 20 before me, NlifIn KY�I�4 Notary Public, p' sonally appeared �71'IVid U'tutu) -, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN SS my hand d official seal. 45�:o,,yF KARLADIANEMORALES Notary Public • California Los Angeles County Z r ° Commission A Z397312 Signature My Comm. Expires Mar 16, 2026 (seal) Vector Resources, Inc. DBA VectorUSA Page A-3 3/12/25, 3:16 PM Batch 18880080 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III II II III IIII IIII IIIIII I� II NO FEE *$ R 0 0 1 5 4 6 0 5 3 9$ RECORDING REQUESTED BY AND 2025000078931 02:50 pm 03112/25 WHEN RECORDED RETURN TO: 503 Ex12A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, Califomia, 92660, as Owner, and Vector Resources, Inc. of Torrance, California, as Contractor, entered into a Contract on 07/09/2024. Said Contract set forth certain improvements, as follows: Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 Work on said Contract was completed, and was found to be acceptable on March 11, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is CNA. m Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to, the best of my knowledge. Executed on MAM 1�, l�U at Newport Beach, Califomia. c BY A164. �M� Leilani I. Brown, C# Clerk https://gs.secure-erds.com/Batch/Confirmation/l8880080 1/2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Vector Resources, Inc. of Torrance, California, as Contractor, entered into a Contract on 07/09/2024. Said Contract set forth certain improvements, as follows: Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 Work on said Contract was completed, and was found to be acceptable on March 11, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is CNA. A M David Webb; PubkWorks Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on� 1 �, f�U , at Newport Beach, California. SEW Po BY O� � Leilani I. Brown, Cit Clerk gO CgL�FOR 1 Q CITY OF NEWPORT BEACH I NOTICE INVITING BIDS v Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:00 PM on the 2111 day of May, 2024, at which time such bids shall be opened and read for NEWPORT BEACH POLICE STATION VIDEO SURVEILLANCE SYSTEM REPLACEMENT Contract No. 9500-1 $460,000 Engineer's Estimate SEW PORT iU - c P Ap roved by �.� James M. Houlihan Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/12ortal/portal.cfm?CompanylD=22078 VOLUNTARY PRE -BID SITE WALK: There will be a pre -bid site walk for this project on May 9, 2024 2024 at 2:00 PM at the located at Newport Beach Police Station, 870 Santa Barbara Drive, Newport Beach. CA 92660 Hard copy plans are available via (Select One) Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "C-7" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration 5 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et sect.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (416) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shalt be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 41,00 et seq. of the Pubiiic Contracts Cade, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 654045 - C-7, C10, B, C61/D56 Contractor's License No. & Classification Authorized Sign ure/Title Robert Messinger, Executive Vice President 1000002893 / Exp. 6.30.25 DIR Registration Number & Expiration Date Vector Resources, Inc. dba VectorUSA Bidder May 21, 2024 Date City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten (10%) Percent Dollars ($ TBact,e(j)3m ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Newport Beach Police Station Video Surveillance System Replacement, Contract No. 9500-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17th day of May , 2024. Vector Resources, Inc. dba VectorUSA Name of Contractor (Principal) Berkshire Hathaway Specialty Insurance Company Name of Surety 100 Federal Street, 7th Floor Boston, MA 02110 Address of Surety 678-867-6100 Telephone Authorized ignaturerfitle Robert Messinger, Executive Vice President Authorized Agent Signature William G. Moody, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. GEORGIA State of JKXXRXi7M County of GWINNETT } ss. On May 17 2024 before me, Tiffany Soko Notary Public, personally appeared William G. Moody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0.%%o 1Y OS� ®r Vol � WITNESS my hand and official seal. N A. — Signs OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer 70 Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SS. On �_ I� by �!, 1}� , 20 before me, � l Notary Public, personally appearedUI��V who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V Signatur NYCOLLE HARDING: Comm sa 2399727 zj .� s T Los Angalss County l� r� *'California Notary Publie. . �LiF,_�/ Comm Exp Apr. 5,^2026' (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .11 (seal) LbWBerkshire Hathaway Specialty Insurance Power 01'Aftoniey BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSUHAN�E COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Tiffany Soko. Willlam G. Moody. D.1. Conroy, _112S Sanctuary Parkway, Suite 300 of the city of Alpharetta, State of Georgia, their true and lawful attorneys) -in -fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached band(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of August 24, 2023. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following seals of the Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format, which shall be deemed the equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all purposes regarding this Power of Attorney, inducting satisfaction of any signature and seal requirements on any and all undertakings, bonds, or other such writings obligatory In the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President PEclAl1 f OPPOq�� ,J' Sl'kF.TY v SGIL �bRRS� r4 NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President j�R1 �fi:yQ `yFrRE`r/s/ f4iryJR,��rN\ sl't%I NOTARY State of Massachusetts, County of Suffolk, ss: On this 24th day of August, 2023, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal) Skhly o JOHN C.ISKINNER r Notary Public lery Pubkc. Commonith of Ataassgps Commit Explrw J anuary 22, 2027 I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this May 17, 2024. SURETY x j(}H ltl'il'T'\c; f sl'kF.TY�S n SEAL �' 9�i Sf:.\I. },v �.� SFAL " a � �tirdRMSn� r� �rs... r.. • ',b`;f� "�or rC t:.. +p��' Ralph Tortorella, Officer r 41165 BHSIC, NICO & NLF POA (2023) BERKSHIRE_HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at anytime any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2023) No. 3148-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Berkshire Hathaway Specialty Insurance Company of Nebraska, organized under the laws of Nebraska, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 4 h day of September, 2015, I have hereunto set my hand and caused my official seal to be affixed this 4 h day of September, 2015. Dave Jones Irourmu:e Commisstoner By - Susan J. Stapp for Nettie Hoge / Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califomia Cotporadons Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. - City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 DESIGNATION OF SUBCONTRACTOR(S)- AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Vector Resources, Inc. dba VectorUSA Bidder Authorized Sign ure[Title Robert Messinger, Executive Vice President VectorUSA will self -perform this project - no subcontractors will be utilized during the implementation of the project. �7 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Vector Resources, Inc. dba VectorUSA FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) To: Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) To: Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Refer to following pages for detail Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Vector Resources, Inc. dba VectorLISA Bidder 13 A647-- Authorized Sig ature/Title Robert Messinger, Executive Vice President ACTORUSA City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 1. City of Palm Desert Project Name: Parkview Building Camera Upgrade & Additions Project Description: VectorUSA successfully upgraded the City of Palm Desert's existing surveillance system across three locations by installing new Axis IP cameras, integrating them into the existing Qognify VMS system, which included replacing analog cameras, adding new cameras, setting up a wireless bridge, and installing Cat 6 cabling, totaling 41 cameras and 15 new licenses. Approximate Construction Dates: October 2022 — May 2023 Agency Name: City of Palm Desert Contact Person: Kevin Swartz / (760) 776-6485 Original Contract Amount: $206,039.29 1 Final Contract Amount: $225,976.26 Change Order Statement: Upon working with the City of Palm Desert, a client requested change order was issued to install a new data cabinet and network switch. Claims Filed: None 2. City of San Bernardino Water District 6/4/24 - message 612/24 - message City hall building & park good work - took longer than than they thought procurement. but good when onsite would use again one year storage - Project Name: Security Video Management System Upgra Project Description: VectorUSA has modernized four facilities by installing advanced Seneca DELL servers and workstations, integrating Milestone XProtect Expert licensing and UPS systems, deploying a video wall with 55" LED monitors, and upgrading the VMS to support AI -enhanced recording servers capable of retaining high -resolution video for 45 days and low -resolution for 90 days, with a virtual management server. Approximate Construction Dates: February 2024 — May 2024 Agency Name: City of San Bernardino Water District Contact Person: John Branch / (909) 453-6246 Pretty good Change orders - reasonable use them again - yes Original Contract Amount: $236,013.52 1 Final Contract Amount: $261,996.67 RCTORUSA Change Order Statement: Upon working with the City of San Bernardino Water District, an optional management server and video wall was presented, and customer approved, within a written change order. Claims Filed: None 3. Hemet Unified School District Project Name: Districtwide Verkada Surveillance Project Description: 6/4/24 - message 6/12/24 - not correct extension use 1100 VectorUSA installed and configured 864 Verkada cameras, each with a 5-year license, across sites in the Hemet Unified School District. VectorUSA deployed, installed, and configured the new cameras throughout the district. Additionally, VectorUSA installed new cameras and provided the necessary cabling infrastructure to support new camera locations. Approximate Construction Dates: November 2022 —June 2023 Agency Name: Hemet Unified School District Contact Person: Lyle Radford / (951) 765-5100 x„4 1100 Original Contract Amount: $2,249,856.50 1 Final Contract Amount: $2,771,124.61 Change Order Statement: Change orders were requested by client throughout project construction to add additional cameras and cable to the overall scope. Claims Filed: None 4. Victor Valley Union High School District 6/4/24 - message 6/12/24 - message Project Name: Districtwide Surveillance Upgrade good work, lots of projects Good with data management Project Description: Use other contractors but came back to Vector. VectorUSA provided and installed a total of 1,536 new Verkada cameras and removed 1,534 existing cameras across multiple sites throughout the district. Verkada cameras provide thirty (30) days of on -camera storage, so centralized servers or compute resources were not needed. VectorUSA provided 10-year camera licenses and 10-year multi -sensor licenses to connect cameras to the new cloud server -based Video Management System. With this solution the district gains enhanced security, on a cloud -based management platform with advanced analytics. Approximate Construction Dates: May 2024 — November 2024 Agency Name: Victor Valley Union High School District 2 ACTORUSA Contact Person: Dave Bertelsen / (760) 955-3200 x10262 Original Contract Amount: $1,965,077.69 1 Final Contract Amount: $1,965,077.69 Claims Filed: None 5. LACCD/Teraband Technologies, Inc. Project Name: LACCD ELAC— Security Upgrade Project —Professional Services Project Description: VectorUSA provided comprehensive delivery and integration for 375 Axis cameras on a new Milestone Video Management Software at East Los Angeles College. VectorUSA designed and configured Milestone Corporate surveillance software on five servers, along with integration of surveillance cameras into the Milestone Map. Approximate Construction Dates: October 2019 — February 202 Agency Name: Teraband Technologies, Inc. Contact Person: Robert Amirian / (818) 242-6700 Emailed Robert 6/4/24 robert@terabandtech.com Response - email 6/5/24 Do they manage their people well? YES Do they finish work in timely manner? YES Would you use them on future projects? A definite YES Did they have change orders? Each project is different. There has not been a change order that was not necessary and warranted. Were they easy to work with? YES Were they solution orientated? YES Original Contract Amount: $454,458.95 1 Final Contract Amount: $516,518.86 Change Order Statement: A credit was issued for materials descoped from the project. Additionally, at the customer's request, the scope was expanded to add alternative cameras and supporting material as well as provide camera pathway and connectivity investigation with supporting CAD design. Claims Filed: None 6. Lucerne Valley Unified School District Project Name: Districtwide Surveillance Upgrade Project Description: Message-6/4/24 message - 6/12/24 4150 - extension for Olga VectorUSA optimized the district surveillance infrastr deploying an 80-camera Verkada Cloud -based Video Surveillance system across three locations, leveraging scalable management, real-time access, and long-term reliability facilitated by a 10- year license. Approximate Construction Dates: September 2022 — November 2023 Agency Name: Lucerne Valley Unified School District Contact Person: DIMIgIcib BEatorr/ (760) 248-6108 Jolga x4150 Original Contract Amount: $337,424.68 1 Final Contract Amount: $337,424.68 3 Resume Employee Name: Jorge Salgado-Ruelas Current Position: Physical Security Superintendent Training and Certifications: Federal OSHA 10-hour Certification Course Qognify Ocularis System Administrator Certification Brivo Technical Certification Sunbelt Aerial Work Platform Operator Training Summary of Qualifications: • Capable CCTV Lead Tech experienced installing and updating hardware and software systems for CCTV end -users. Updating systems to meet changing demands, enhancing collaboration and improving security. • Extensive training in CCTV products and CCTV industry services. • Product integration • Extensive CCTV product knowledge for systems such as: Hikvision (IVMS 4500, IVMS 4200, Hik-connect), Axis, Wisenet, Digital Watchdog (Spectrum VMS), Exacq, Bosch, Honeywell (VMS), Ubiquity, SEI, Dahua (DMSS, Smartpss) Alarm.com, Verkada, Hanwha, Avigilon, Brivo and more • Network and IP knowledge • Fiber Optic systems knowledge • Consultative sales and customer service • Customer proposals VectorUSA Start Date: May 2023 VectorUSA Professional Experience: Physical Security Superintendent May 2023 — Present • Oversees implementation and industry best practices on installations and services. • Oversees the successful evaluation and testing of existing systems, and/or implementation of new systems. • Supervises the installation, replacement, and upgrade of all types of Security deployments. • Perform site surveys and quote installation estimates for security projects • Manage client sign -off and document project details • Coordinate with and support Field Management, Operations and PMO on all phases of new system installations and existing system upgrade projects assigned to you • Staging, programming and testing systems prior to installation • Coordinate and execute installation and service based tasks, including network diagnosis, cable termination, equipment placement and mounting, media testing, etc. • Lead and manage daily tasks; drive and lead crews consisting of 1 to 10 technicians • Integrate surveillance with access control systems Confidential 11fCTOR CONNECTING U PEOPLE TO INFORMATION nXX THE woXlo J.Salgado; Page 1 of 2 • Provide daily, weekly and monthly status reports to OPS and PMO teams. Work with OPS and PMO teams to identify and create Change Orders, Monitor and Control job/service activities and assure jobs/service tickets are closed properly and expeditiously Additional Professional Experience: Lead Technical Consultant • CCTV Project Manager/CCTV Lead Technician. • Assisted sales force with information for customer presentations and product recommendation based on customer needs. • Assist customers with expanding and updating existing systems with the most recent products with consideration of budget constraints. • Create and design private CCTV network or integrate to clients existing network. Installed and configured components from start to finish. • Trained and installed IVMS software and applications for end -users. Marrying application features with customers needs. • Executed and implemented solutions on time and within budget constraints while ensuring high levels of service throughout the process. • Troubleshot and resolved problems with programs and systems. CCTV Project Manager • Created project plans with established timelines for integral phases, assigned to appropriate teams, managed workflow and achieved RFP submissions and completion deadlines on or before schedule. • Oversaw workforce schedules and allocated resources in collaboration with subcontractors and site superintendent in order to achieve project goals. • Brought projects in on -time and in accordance with budget and quality. • Terminating and connecting wiring at IDF locations to establish connections between systems components, incorporating up to 600 cameras and panels into single systems. • Provide custom demonstrations of CCTV systems so that customers understood how to use each feature based on their individual need. CCTV Service Technician • Offered repair or service options to help customers make decisions. • Developed preventive maintenance procedures and schedules for all on -site equipment. Kept detailed records of repairs and what conducted to correct or fix any issues that the client is experiencing. • Monitored installations to maintain compliance with local codes and industry best practices. • Installed new systems and components according to service orders and manufacturer instructions. • Assessed and identified issues and quickly resolved to restore functionality. • Adhered to company and OSHA -defined protocols to promote workplace safety. • Build and design new installs or expansion of existing systems for residential, commercial and new builds construction sites. STOR CONNECTING PEOPLE TO INFORMATION Confidential USAAMOTHEWORLD J.Salgado; Page 2 of 2 Resume Employee Name: Leonardo Carrasco Current Position: Physical Security Foreman Training and Certifications: Verkada Certified Engineer Training: Essentials Verkada Certified Engineer Training: Access Control Specialist Keyscan Aurora Technical Training Entrapass Corporate Addition Training Program Doorking Telephone Entry, Card Access, and Gate Operator Systems Training Summary of Qualifications: • Capable CCTV Lead Tech experienced installing and updating hardware and software systems for CCTV end -users. Updating systems to meet changing demands, enhancing collaboration and improving security. • Extensive experience in CCTV products and CCTV industry services. • Product integration • Diverse background in Access Control, CCTV, Communications, construction, and project management VectorUSA Start Date: October 2023 VectorUSA Professional Experience: Physical Security Foreman October 2023 — Present • Responsible for installing all access control and CCTV jobs • Responsible for running jobs in a timely matter with meeting timelines and budgets • Responsible for the safety of the workers on my jobs • Major systems installed include Brivo, Verkada, Aiphone • Responsible for job walks and site visits to ensure everything is following plans and timelines Additional Professional Experience: Installation Technician • Installation of access control and CCTV systems • Service and troubleshooting of customer systems • Lead on new installation jobs from new construction to takeover and retro fits Lead/Foreman • Installation of multiple platforms of access security systems and CCTV systems • Furnished and installed video walls • Engineered multiple client's access and CCTV systems • Networking of access control products and CCTV systems 4ECTOR USA CONNECTING PEOPLE TO INFORMATION Confidential AND HEWORLD L.Carrasco; Page 1 of 2 • Managed and programming of supporting routers and switches Senior Project Manager • Offered repair or service options to help customers make decisions. • Focus is to provide good and fast quality turn job turn overs • Run all schedules, job meetings, communicate with site managers • Train: project managers, installment crew, foreman, service crew • Estimate for all projects: labor cost, material cost, material needed ICTOR CONNECTING U PEOPLE TO IMFONMNTION Confidential 1NOTHEWORLO L.Carrasco; Page 2 of 2 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles ) Robert Messinger being first duly sworn, deposes and says that he or she is _Executive Vice President of _VectorUSA , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Vector Resources, Inc. dba VectorUSA Bidder Authorized Sig natuM/Title Robert Messinger, Executive Vice President Subscribed and sworn to (or affirmed) before me on this day of , 2024 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] cat u"� Notary Public 14 My Commission Expires: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �_WRL Subscribed and sworn to (or affirmed) efore me on this day of A , 20 � , by �19 b{N+ eSS( proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. '""" E H A Rt D I G NYCOLI. \ COMM # 2399727 s '! Los Angeles Caunty,� r ` * caiifornia Notary Publi 2 Comm Exp Apr, 5, 2026 ( ........................... Signature City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 DESIGNATION OF SURETIES Bidder's name Vector Resources, Inc. dba VectorUSA Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Certificate of Insurance: Carrier - CNA nt - IOA Insurance Services - 130 Vantis, Ste 250, Aliso Viejo, CA 92656 Cheryl Perkovich, Account Manager - (949) 297-0039 Surety - Berkshire Hathaway Specialty Insurance Com nt - Alliant Insurance Services, Inc. - 1120 Sanctuary Pkwy, Ste 300, Alpharetta, GA 30009 Tiffany Soko, Account Manager - (404) 995-3000 15 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Vector Resources, Inc. dba VectorUSA Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 831 1,744 1,792 1,830 2,034 1,583 9,814 Total dollar Amount of $71,964,988 $160,918,320 $120,944,000 $120,560,763 107,424,883 $95,084,616 $676,947,570 Contracts (in Thousands of $) No. of fatalities 0 0 0 0 1 0 1 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Vector Resources, Inc. dba VectorUSA Business Address: 20917 Higgins Court, Torrance, CA 90501 Business Tel. No.: State Contractor's License No. and Classification: Title (310) 436-1000 654046 - C-7, C10, B, C61/D56 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title May, 21 2024' Executive Vice President Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Subscribed and sworn to (or affirmed) efore me on this D'/ St day of MAV 20�, by � t.U-� Me" proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ••••.. ... .........�.E FIAFiGfNG "•,. NYCOL GOMM # 2399727 j •� s I Los Angeles 1�fl r *ICaiimrnia Notary Pudli Comm Exp Apr. 5, 2026 t ( ........................... Signature UNANIMOUS ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF VICTOR RESOURCES INC. DBA VECTOR USA We, the undersigned, as members of the Board of Directors of VECTOR RESOURCES, INC. DBA VECTOR USA, a California corporation, and being all the members of such Board as presently constituted, do by this writing consent to take the following action and adopt the following resolutions effective the 18" day of June, 2020: RESOLVED, that the following directors and officers are hereby authorized to execute deeds, transfers, assignments, contracts, obligations, certificates, and any and all other instruments on behalf of the corporation: David Zukerman - President and Treasurer Jeffrey Zukerman - Executive Vice President and Secretary Robert Messinger - Executive Vice President This action is taken in lieu of a meeting of the Board of Directors of the corporation, and is executed pursuant to the provisions of the California Corporations Code and the By -Laws of this corporation which authorize the taking of action by the directors of the corporation without a meeting. The document is directed to be filed with the minutes of the proceedings of the corporation. avid Zukerman President 4-ke7rinan —ffr 4Executive sident _� Ro rt Messinger Executive Vice President Corporate Seal City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Vector Resources, Inc. dba VectorUSA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature N/A 1U." City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Vector Resources, Inc. dba VectorUSA Business Address: 20917 Higgins Court, Torrance, CA 90501 Telephone and Fax Number: P: (310) 436-1000 / F: (844) 270-3300 California State Contractor's License No. and Class: 654046 - C-7, C 10, B, C61056 (REQUIRED AT TIME OF AWARD) Original Date Issued: 9/11/1992 Expiration Date: 9/30/2024 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Lane Werley - Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 20917 Higgins Court David Zukerman President Torrance, CA 90501 (310) 436-1000 Executive VP & 20917 Higgins Court Jeffrey Zukerman Secretary Torrance, CA 90501 (310) 436-1000 Executive Vice 20917 Higgins Court Robert Messinger President Torrance, CA 90501 (310) 436-1000 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Vector Resources, Inc. dba VectorUSA Bidder Robert Messinger (Print name of Owner or President of Corporation/Company) Authorized Si nature/Title Executive Vice President Title May 21, 2024 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) Mtq (A-e;4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �'�' p County of LDS +� dt's On VyMAy yl , before me, N l��WfhA.*A'" D�IC I u A (insert name and title the officer) personally appeared RuW4 , AM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NYCOLLE HARDING: Fl4ELA.p COMM # 2399727 z WITNESS my hand and official seal. y „ Los Angeles County ox '+ California Notary PuhlIA- I (� ^ ...... ip A202 ... Comm Exp Apr....... 2 Signature (Seal) City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 SAMPLE CITY CONTRACT 23 City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement Contract No. 9500-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9500-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 21.2024 Date T: (310) 436-1000 / (844) 270-3300 Bidder's Telephone and Fax Numbers 654046 - C-7, C10, B, C61/D56 Bidder's License No(s). and Classification(s) 1000002893 DIR Registration Number Vector Resources_ Inc. dba VectorUSA Bidder �`� -,. Bidder's Autho ized Signature and Title Robert Messinger, Executive Vice President 20917 Higgins Court, Torrance, CA 90501 Bidder's Address Bidder's email address: tsims@vectorusa.com PR-1 y Sims, Account Executive) City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement (9500-1), bidding on 05/2312024 9_:00 PM (PDT) Page I of 4 Printed 05/23/2024 Bid Results Bidder Details Vendor Name Vector Resources, Inc. Address 20917 Higgins Court Torrance, California 90501 United States Respondee Vector Resources, Inc. dba VectorUSA Respondee Title Timothy Sims Phone 310-436-1156 Email tsims@vectorusa.com Vendor Type CADIR License # 654046 CADIR 1000002893 Bid Detail Bid Format Electronic Submitted 05/23/20241:59 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 379280 Respondee Comment Buyer Comment Attachments File Title City of Newport Beach_C-9500-1_VectorUSA Bid Response 5.23.24.pdf City of Newport Beach_C-9500-1_VectorUSA Bid Bond 5.23.24.pdf City of Newport Beach_C-9500-1_VectorUSA Bid Bond 5.23.24.pdf File Name City of Newport Beach_C-9500-1_VectorUSA Bid Response 5.23.24.pdf City of Newport Beach_C-9500-1_VectorUSA Bid Bond 5.23.24. pdf City of Newport Beach_C-9500-1_VectorUSA Bid Bond 5.23.24.pdf File Type General Attachment Bid Bonds Bid Bond PlanetBids City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement (9500-1), bidding on 05/23/2024 2:00 PM (POT) Page ^_ of 4 Printed 05/23/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Newport Beach Police Station Video Surveillance System Replacement (9500-1), bidding on 05/2312024 2:00 PM (PDT) Page 4 of 4 Printed 0512312024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $318,370.44 $318,370.44 PlanetBids NEWPORT BEACH POLICE STATION VIDEO SURVEILLANCE SYSTEM REPLACEMENT CONTRACT NO. 9500-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VECTOR RESOURCES, INC., a California corporation doing business as ("DBA") VectorUSA ("Contractor"), whose address is 20917 Higgins Ct, Torrance, CA 90501, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of mobilizing to the site; providing submittals; completing employee background verification; removing and replacing the existing video surveillance system, including but not limited to, one - for -one replacing existing cameras, new computers, monitors in the jail office, Watch Commander's office and lobby, new server rack with rack mounted head - end equipment including, video management software (VMS) with video recording functions, software and required software licenses, new wiring and station outlets/ connectors; and providing close out documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9500-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Eighteen Thousand Three Hundred Seventy Dollars and 44/100 Cents ($318,370.44). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Timothy Sims to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Vector Resources, Inc. DBA VectorUSA Page 2 Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Timothy Sims Vector Resources, Inc. DBA VectorUSA 20917 Higgins Ct Torrance, CA 90501 Vector Resources, Inc. DBA VectorUSA Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Vector Resources, Inc. DBA VectorUSA Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any Vector Resources, Inc. DBA VectorLISA Page 5 subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Vector Resources, Inc. DBA VectorLISA Page 6 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in Vector Resources, Inc. DBA VectorUSA Page 7 default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. Vector Resources, Inc. DBA VectorUSA Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Vector Resources, Inc. DBA VectorLISA Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: f I /? &i e By: 1,1LA C , ) A r�n C. Harp `riS City Attorney ATTEST: Date: By: Leilani I. Brow City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: 7��z � By: Will O'Neill Mayor CONTRACTOR: VECTOR RESOURCES, INC., a California corporation doing business as ("DBA") VectorUSA Date: Signed in Counterpart By: David Zukerman Chief Executive Officer Date: Signed in C(--)i_anterpert By: Robert Messinger Chief Financial Officer [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Vector Resources, Inc. DBA VectorUSA Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1ZK By: tUoc� AAda on C. Harp City Attorney AtTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bw Will O'Neill Mayor CONTRACTOR: VECTOR RESOURCES, INC., a California corporation doing business as ("DBA") VectorUSA Date: June 18, 2024 By: Robert Messin r, Executive Vice President [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Vector Resources, Inc. DBA VectorUSA Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 47-SUR-300064-01-0377 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Vector Resources, Inc. DBA VectorUSA hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of mobilizing to the site; providing submittals; completing employee background verification; removing and replacing the existing video surveillance system, including but not limited to, one -for -one replacing existing cameras, new computers, monitors in the jail office, Watch Commander's office and lobby, new server rack with rack mounted head -end equipment including, video management software (VMS) with video recording functions, software and required software licenses, new wiring and station outlets/ connectors; and providing close out documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Berkshire Hathaway Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eighteen Thousand Three Hundred Seventy Dollars and 44/100 Cents ($318,370.44) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the Vector Resources, Inc. DBA VectorUSA Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9th 2024_. Vector Resources, Inc. dba VectorUSA Name of Contractor (Principal) Berkshire Hathaway Specialty Insurance Company Nam; of Surety 100 Federal Street, 7th Floor Boston, MA 02110 Address of Surety 678-867-6100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7 /Z-4 By: i ) Harp City Attorney '�Zy Authorized Agent Signature William G. Moody, Attorney -In --Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Vector Resources, Inc. DBA VectorUSA Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of)MRR W County of Gwinnett } ss. On July 1 , 2024 before me, Tiffany Soko Notary Public, personally appeared William G. oo y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L10 (I Signa �. .� SOT �•;o ; 3' --rr :'i►''"� ,ela��(t + ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L- 5blef'�7 } SS. On J `l� (1 , 20 24 before me, 1<0f10, PV YA Ito) , Notary Public, p ' sonally appeared V id U 1K1f 1 &Ly) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d�offi�cial seal. 44E,:o,r4F KARLA DIANE MORALES ��. �,sT Notary Public - California Z W Los Angeles County r Commission A 2397312 Signature �<�o."' My Comm. Expires Mar 16, 2026 (seal) Vector Resources, Inc. DBA VectorUSA Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 47-SUR-300064-01-0377 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ $9.00 2,865.00 , being at the thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Vector Resources, Inc. DBA VectorUSA hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of mobilizing to the site; providing submittals; completing employee background verification; removing and replacing the existing video surveillance system, including but not limited to, one -for -one replacing existing cameras, new computers, monitors in the jail office, Watch Commander's office and lobby, new server rack with rack mounted head -end equipment including, video management software (VMS) with video recording functions, software and required software licenses, new wiring and station outlets/ connectors; and providing close out documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Berkshire Hathaway Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eighteen Thousand Three Hundred Seventy Dollars and 44/100 Cents ($318,370.44) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Vector Resources, Inc. DBA VectorUSA Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of July _ ,2024_ Vector Resources, Inc. dba VectorUSA Name of Contractor (Principal) Berkshire Hathaway Specialty Insurance Company NarnP Of Surety 100 Federal Street, 7th Floor Boston, MA 02110 Address of Surety 678-86 7-6100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: J7 Z `t By: %+ Aidon C. Harp City Attorney ��/zy Authorized Agent Signature William G. Moody, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED J Vector Resources, Inc. DBA VectorUSA Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State ofX)(aP"jgA Georgia County of GWINNETT ) ss. On July 1 , 20 24 before me, Tiffany Soko Notary Public, personally appeared William G. moody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FppNY S WITNESS my hand and official seal. ��`��•• �ss;o;�,••��%�>,� SOT y' •�� Signs a 2 G s,� i `%� •1_�M s��• ACKNOWLE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of W?" (IW O } ss.. �(�tr l /l) MOW � C' �I On , 20 2q before me, , Notary Pubic, personally appeared —W 1%k' + GW koV~ , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhandand official seal. �E..��> KARLADIANEMORALES Notary Public • I California Los Angeles County Commission N 2397312 Signature ""� My Comm, Expires Mar 16, 2026 (seal) Vector Resources, Inc. DBA VectorUSA Page B-3 kioBerkshire Hathaway Specialty Insurance ''ower Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY 147. -.SU R-300064-01-0377 Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Tiffany Soko William G. Moody D. J. Conroy, 11ZS Sanctuary Parkway, Suite 300 of the city of Alpharetta, State of Georgia, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of August 24, 2023. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following seals of the Companies and signatures by an authorized officer of the Company may be affixed by facsimile or digital format, which shall be deemed the equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all purposes regarding this Power of Attorney, including satisfaction of any signature and seal requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President �,S`PECIAI,k yyy'! 0 POa l`nrySc � SURETY � W SEAL / m yJ�•~E.BRAS,A� y3o .* NOD NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President OEMNL b FIRE LN ��:zP Gk4 TIC �� POR•` SL 0 Al •. P zE=SURETYi aJuSURETY9m SEA I. i i SEAL jj 0 YQi 2S l,1 `��'vj! ZO O,r,�E �j yJ IDO NOTARY State of Massachusetts, County of Suffolk, ss: On this 24th day of August, 2023, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] Pam''. JOHN C. SKIINNER rNO�v Public, ComftwnweaM a Mas,aotnt b i�y catt,misslot, flag �� E January 22, 2027 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this July 9, 2024. . ,SPECIAL, OEMIV/ bFIRE/,yS . a�P OµPORgl'yjG �p0.PC:kgr �A:QQPOR�l'.G.p9 i SURETY zi-sURETY' gf SURETY tm _ of SE, ?� i� SEAL SEAL ! SJ`ryfBRA�i',Y�� rbt•�';�,i. H4,v;.T Zp �NA,ECS .Jfa�o Iph Tortorella, Officer iL 0 N N e 0 e v 0 BHSIC, NICO & NLF POA (2023) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2023) No. 3148-4 STATE OF CALIFORN7A DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Berkshire Hathaway Specialty Insurance Company of Nebraska, organized under the laws of Nebraska, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WTINESS VdHEREOF, effective as of the 4' day of September, 2015, I have hereunto set my hand and caused my official seal to be affixed this 4`' day of September, 2015. Dave Jones Insurance Commissioner By Susan J. Stapp for Nettie Hoge ChiejDeputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising Vector Resources, Inc. DBA VectorUSA Page C-1 injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Cyber Liability. Consultant shall maintain cyber liability in an amount not less than one million dollars ($1,000,000) per claim and annual aggregate, covering (1) all acts, errors, omissions, negligence, infringement of intellectual property; (2) network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or negligence in the handling of confidential information, privacy perils, including coverage for related regulatory defense and penalties; (3) data breach expenses payable whether incurred by City or Consultant, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for City or on behalf of City hereunder. The policy shall contain an affirmative coverage grant for bodily injury and property damage emanating from the failure of the technology services or an error or omission in the content/information provided. If a sub -limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub -limit. E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. Vector Resources, Inc. DBA VectorUSA Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of Vector Resources, Inc. DBA VectorUSA Page C-3 performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of Vector Resources, Inc. DBA VectorUSA Page C-4 specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. Vector Resources, Inc. DBA VectorUSA Page C-5 � � k \ 8 K § � � Q 3 e�§ § � / § @ e k \ k \ . .e .. o , MW . . . 3 $ \ 2 z k \ lu Q. ]�§ < tm (nco 7�8.2: /�% .t t t {�\ t .