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HomeMy WebLinkAbout2015 CON Elesco - Library InverterSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ELESCO, INCORPORATED. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Elesco INC. (the "CONTRACTOR"). NOW. THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site Library Inverter service, sales and repairs as needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence_ B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI List) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend., indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CON TRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions_ Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY By. 4.---� Leslie Deese, City Manager PPROVED AS TO FORM: itua Silva City Att CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov ELESCO, INC. (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By: B (Name) (Title) am (Print) (Title) Jr ELESCO, INC. Complete Address: 170 McCormick Costa Mesa, CA. 92626 Phone: (714) 673-6600 Fax: (714)673-6608 Contact: Corey Potter Title: Field Services Coordinator Email: corey@elesco.us Taxpayer I.D. No680402900 Revised August 2014 4 lei 7-- - ENCY L'ar:ITING EQUIPMENT SERVICE COMPANY, INC. ES Family Owned and Operated Since 1960 Labor Rates Regular Time Monday— Friday Service Ted, cian $105.00 per Hour (4 hour minimum) Travel $105.00 per Hour Labor Tt Overtime Monday — Friday Scrvic eclmician $157.50 first (4) hours Labor Rcs Double Time Monday — Friday Service T.-clinician $240.00 Maximum (4) hours Labor R.L1',-.!s Saturday, Sunday and Holiday Servi(.e 'fechnician $240.00 per hour " !I Preveota e ffaintenance will be quoted a flat rate" CORPORATE HEADC .1: 170 MeC,C *irl< AVENUE • COSTA MESA, CALIFORNIA 92626 • {714) 673-6600 • FAX (714) 673-6607 SAN DIEGO BR ANCI PORTUN.TY r. ), SUITE #M• SAN DIEGO, CALIFORNIA 92111 (858) 598-6924. FAX (858) 598-6926 STOCKTON. BRANC. —EEPEE DRP HTE 4IC STOCKTON, CALIFORNIA 95205 • (209) 464-2288 • FAX (209) 464-7476 ELESC-1 OP ID: AS CERTIFICATE OF LIABILITY INSURANCE DATE (NNYOOfVYYYI 07/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Golden State Ins Solutions 737-A Industrial Road San Carlos, CA 94070 Anthony Miller INSURED Emergency Lighting Equipment Service Company, Inc. 170 McCormick Ave Costa mesa, CA 92626 DBA:Elesco NC(AE CT Adnan Shaikh PHONE INC, No, Eat) 044-694 7467 E-MAIADDRESS: adnanegsisol.com I:BURER(CjAFFORDING COVERAGE INSURER A : Uoydds of London INSURER a:Mercury Insurance Company INSURER C : Evanston Insurance Company INsuRu D:Oak River Insurance Company INSURER E ; Darwin National Assurance Co INSURERF: — '-- t, $44-205�744 COVERAGES CERTIFICATE NUMBE • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR - _.. ... _. jAOOLStJ R _..._ _. _.. _. POLICY EFF ' POLK:Y£XP : LTR TYPE OF INSURANCE INgD l yyyp ; POUCY NUMBER (MMJDDI'YYYY) (MMIDDIYYYY) UNITS A X COMMERCIAL GENERAL LIABIUTY .. EACH OCCURRENCE $ 1,000,00e CLAIMS -MADE X 10/30/2015 OCCUR X LBW452923 10/30/2014:PREMISE'fO IVIED X DBd:S1,000 PREMISES_jEa cccurroncot �0,0 MED EXP (Any one person) ' $ 5,000 ' ' PERSONAL & ADV INJURY 4 $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL PRCT- AGGREGATE $ 2,000,0001 O _.. X POLICY j dr_• , LOC 1 PRODUCTS-COMP/OPAGG $ 2,000,00 OTHER I _ $ _.. , AUTOMOBILE LIABILITY i 1 COMBINED SINGLE UMIT $ 1.. B X ANY AUTO BAW0000157143 10/30/2014 10/30/2015 I BODILY INJURY (Per person) $ ALL OWNED SCHEDULED ; BODILY INJURY Per accident $ AUTOS AUTOS 1 ( ) PROPERTY DAMAGE - • X HIRED AUTOS X AUTOSWNED i (PoreERoT4OL $ x UMBRELLA LIM X OCCUR EACH OCCURRENCE : $ 1,000,001. EXCESS LIAR , CLAIMS-MADEi XOBW501914 10/30/2014 10/30/2015 I AGGREGATE j $ 1,000,00r r DED X _ RETENTION $ OI WORKERS COMPENSATION PER l arm- ' AND EMPLOYERS' LIABILITY X STATUTE , . ER D ANY PROPRIETOR/PARTNER/EXECUTIVE I N N f A EMWC500350 10/30/2014 10/30/2015 F 1 EACH ACCIDENT $ 1,000 1 t' OF"FiCERAIEMBER EXCLUDED, (Mandatory in NH) E L DISEASE - EA EMPLOYEE. $ 1,000,0 If yes, describe under _ ._.___..._ .__- . _... _ DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT; $ 1,000,001, E Prof- Liability 03067363 10/30/2014 10/30/2015 Each Occ. 1,000,0 r I Errors & Ommission Aggregate 1,000,0 * I DESCRIPTOR OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more apace is required) Certificate holder is added as additional insured per attached endorsements. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Rick Hernandez 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED DJ ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESECTATIV Anthony Miller ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. TheACORD name and logo are registered marks of ACORD 9400RIEGMEJT €hk En&esenteat Unmet ttx Poky - Russ Read ItC.nfttlr PRIMARYANU P ON-CONTRBUTlNO INSURANCE (Thkel-Patlyla Bole Nplpstaa) Thia endorsement medlars in ursn a gawked under the tapes ier GO NadEACIAL GReilNtLLIALLITYCNVIV A$QMRT °MRS AND CONTRACTORS PRO ffi LIARIUTT SOV!# ME PART' PRODUCTS/00VMM OPERATIONS IM NILITYCOVBWIE PART RitLIMAD UAMITYOOVAMI K. PART BLIGAMEGBOWN Ste LIASt.tTY COVERAGE PORK Thebiandas le edd..d to Seeder' N - Omaoero(al teesedlhk■q O.rdrfrwur Peneraph l theouon Comma/Mid Genera! LltddGrOorallione t. Otho-lnseresoe: Nflhvithetendanr tk provisions or wi .ph... b. and o of Ilhk paragraph 4, with reepe ne tc the Thhc Party ahem bei w, It IB u Merstood and woad Stet h are Ole of a aunt or `aui"anainE out of Mc Named Ina weti's ooda nonir.noa. Ns Mantate the be prhnary and any other Insurance ma atwin.d by the adchtbriel tensed nwrud se Eke Third Petty below shag be moms and nomeontrmutory. TIh.TWd Pik + to whom this endorsement applies iv ma' MGM rv..OSOANDIT1ONWMIGETAITIE Sellatie an ACIABSD SY =ROI cataacnonolcatemuns AND ZI.IZA O ANT LODI TEAT AW TATINITTffiTRAMS AN9 COGIXTate O! 2iemPOLO 70MOMEM1OGGISI GtCINA Aka=eta safari fk' amid Aid Past/ above *,eras U.t No pm/Wu of Sub eadummast up* yet atlaied ky ealkon ooadaadad pitaawfarit 1WIt say Mt Paar Ns aim Maeprollsombetea wr M.In rhraasadoat♦dMetl.aetld.polarneodttaaotuetpad; Nat andoraeant h afeoN as ■ts iareplloa date at ldrr paw Waft Mead* sealed t*ebr. take IManfaa taw k muted ealy VMS Oda aado mma t k be aabsegant >d perpeoeton of eia POW MUSTIER: NAMED INSURE k l ENC( LIGHTING SERVICE E€ !!Pf INC. DOA: EL€St Nadatetantdas9rts ©Qt WIT 1t € e.r.ee.wrdllAN+o� lammaa�°' bee INC np"r'e■ POLICY NUMBER: LBW452923 COMMERCIAL GENERAL LIABILITY CG24O41083 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurarbe provided under the *Vowing: COMMERCIAL f l IJABILITY COVERAGE PART SCHEDULE Name of Person or Organization: NW PERSON OR ORGANIZATION WITH WHOIA THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY. PROVIDED SUCH AGREEMBIT 1S WOE IN WRITING AND PVORTOTiE LOSS. (If no erdry appears above.information required to ca.np€ete this endorsement will be shorn in the Dec7mations as Rppitr V a niorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condon (Section IV — € COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following We waive ono, right of recovery we may haw agailst the person or orgsniraton shown in the Schedule above because et payments we aealre for injury or damage arises at of yar ongoing operations or "pr r work' done urniter a cataract nal test person or orgarizatoo and included in the operations tad_ This waver applies only b the person ar argan¢ation sham itr the Schedule above_ tG34M11 �A!I¢� 3kat„ 1 t?aje I of 1 WORKERS COMPENSATION AND EMPLOYERS UABIUTY INSURANCE POUCY WC000313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (Theinformation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10/30/2014 Effective Policy No EMWC500350 Insured EMERGENCY LIGHTING EQUIPMENT SERVICING COMPANY. INC. insurance Company Countersigned by Oak River Insurance Company WC000313 (Ed. 4-84) • Ma Caenc6 on Compensation insurance. Endorsement No. 1 Premium ANY PEF.,ON CI HAS AED BY SERVIC,r:3 WITHI F�Li'. 0 WHIC POL AN: ' L './452923 SE . tifiENT Cr " '!NAL C ':ACTC This ei...ltosemo 'o s insurance C' 1ERCRALUA8ILr ;me L al Insured •)nization(s` TION WITH iA ONTRACTT SANDCONE M IS ATTACH. COMMERCIAL. GENERAL LIABILITY CG 20 37 07 04 THE POLICY. PLEASE READ IT CAREFULLY. — OWNERS, LESSEES OR DMPLETED OPERATIONS lcr the following. AGE PART SCHEDULE I I IrIr.D • Location And Description Of Com feted 0 • orations met rinlete this c hown above, will be shown in the Declarations. S ' — ; an crjn,n(s) sl respe. liability age" d, in the lo• • desi, ule of t ondort insure: ,d inc operatic! iazar TQ4 insured nsured the e Schedule. injury" or "! n part, by "; d described i rformecl for t the "produc At )-erties, Inc., 2004 Page 1 of 1 Policy Number: CO This endorsement m COMM,°ERCIAL G_ A. Sectic include r.3 an for whom you r and such pers a con or Gtgcsiiization on your policy. addiVnr -4 insures . x: f your th=•t `n -ed. A pc. under oper t : .3 for ti �u B. Vv1,..'.--act is inSur 1.. ion lily in el an renac essio oyin r The nrepa 1gs, 'ers, ^eci ngin, 923 =MENT NAL IN ACTOF N CON _, insurance pro, l ' AL LIABILITY C n Insured any person c rming operati -ganization h .-greement the .d as an adc erson or orga, with respect t operations F. or organizatic dorsement er 3d are comple surance affor following au lot apply to: ' )roperty dam using injury" or the failure t iitectural, er including: 7, approving, -iprove,, maps- reports, sur orders or c and ispection, ar tivities. COMMERCIAL GENERAL LIABILITY CG 20 33 10 01 "'_ POLICY. PLEASE READ IT CAREFULLY. OWNERS, LESSEES OR i a'OMATIC STATUS WHEN '—ION AGREEMENT WITH YOU tie following: PART io n 11 n ur Dur se u- r- of or to o`- nd or b. "Bodily injury" or "property damage" occur- ring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the covered operations has been completed; or (2) That portion of "'your work" out of which the injury or damage arises has been put to its intended use by any person or cr- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (1) CG 2 perties, Inc., 2000 Page 1 of 1 0 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk August 19, 2015 Mr. Corey Potter Elesco, Inc. 170 McCormick Costa Mesa, CA 92626 Dear Mr. Potter, On July Pt, 2015, an Agreement was entered between the City of National City and Elesco, Inc. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure