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HomeMy WebLinkAbout2015 CON Commercial Aquatic Services - Pool Service Maintenance Repair (2)SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COMMERCIAL AQUATIC SERVICES, INC. "C',noy \\-\ eNR.,ssNS vEc�y S\ M\\.) nc, o Tt-1‘ S w/ QW -ct‘A- cO\.sT�ACT \g \.lpN THIS AGREEMENT is entered into this 17th day of September, 2015, by and between the CiTY OF NATIONAL CITY. a municipal corporation (the "CITY"), and Commercial Aquatic Services, 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 pool maintenance, services, repairs and purchases 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. D Ifchecked, 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 aI1 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 athresaid 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 ofthe term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date ofthis 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. Inthe 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. 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 ofNational 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 ofthe work, the manner of performance, and/or the compensation payable to the CONTRACTOR 10. Business License. CONTRACTOR 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 he 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 ofthis 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 ofthe 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. I. 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: 11.V4 '%;;>-•--, Leslie Deese, City Manager PROVED AS TO FORM: Claudia citua Silva City At n y 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 COMMERCIAL AQUATIC SERVICES, INC. (Corporation -signatures of two corporate officers required) (Partnership -one signature) (Soleproprieorship -one signah re) 13v: By: (Print) (Fit/e) JIame) (Print) ttA' `Cl'%ka✓ (Fit/e) COMMERCIAL AQUATIC SERVICES, INC. Complete Address: 1121 N. Hawk Circle Anaheim, CA 92807 Phone 1-877-794-6227 Fax: 1-877-794-6329 Contact: Heather Woodland Title: Director of Operations Email: heather@swimcas.com Taxpayer I.D. No. 201848548 Revised August 2014 4 *'^- �` 6 /7—' �- \ P V COMM�������� ����[�`|�� "'~"'`°"'���~«' ��� ����~^��m � F R [| E S Mr. Rick Hernandez National City, City u[ Z1OOHoover Ave National City, CA91ASO CITY WIDE EMERGENCY POOL REPAIRS AND MATERIAL �y,)1�J ----^~~~^~~k~'^^~^e Anaheim, CA 92807 Cul|To|!Frec: 1-877-S |'axToll Free: l-X WWW.S",NlDM(-"AS.CAM Thank you for the opportunity toprovide pool repair services tothe City ofNational City. Our regular service labor rate toprovide pool maintenance, mechanical room service and repair is $17S/hrplus the travel charge of $175.00. Our hours of operation are 8:00am - 5:00pm Monday through Friday. In addition we are available 24 hours per day for emergency service and repairs. After hours emergency service rates to perform emergency pool maintenance and emergency mechanical room service and repair are: $200/hr plus the travel charge of $175.00 We are available to assist you at any time should an emergency arise, this includes weekends and holidays. If you have an after hours emergency you may reach Lead Service Technician David Woodland at (714) 363-1623 (cell phone). or, you may reach our Director ofOperations, Heather Woodland at(7l4)488'43OZ. Both will beavailable toassist you. Sincerely, Heather Woodland Director ofOperations Commercial Aquatic Services, Inc. (714)488-4302 heather@swimcas.conn ACGPREF CERTIFICATE OF LIABILITY INSURANCE 1DATE /24/2015YY) 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 poiicy(les) 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 thls certificate does not confer rights to the certificate holder In lieu of such sndorsement(s). PRODUCERHAW AIMS Insurance Program Managers, Inc., 1418 N Scottsdale Rd Suite 100 Scottsdale AZ 85257 CONTACT Service Team ilHo �f1, (602) 635-4848 F'ix fom Nol: (480)991-061� E.MAIL ADDRESS• serviceteam@aimaineurance. com INSURERS} AFFORDING COVERAGE NAIL 9NsOReRA:Twin City Fire Insurance ,29459 19682 INSURED Commercial Aquatic Services, Inc. 1121 N. Hawk Circle Anaheim CA 92807 INsuI6Ha:Hart ford Fire Insurance Company ,usuREnc:National Union Fire Insurance 19445 mom D:Security National Insurance 19879 INSURER E INSURER F: RTIFICATE NUMBER: • 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. LLTTRR TYPE OF INSURANCE LUSR wvo POLICY NUMBER POLICY EFF LM11aDo/YvrvL POI ICY EKP INwnsnrrvl LIMITS A GENERAL X LIA¢0.ITY COMMERCIAL GENERAL tIA81UTY X 59U13110J2280 1/25/2015 1/25/2016 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES twin ocoorcmcC $ 300, 000 1 CLaws•MADE X OCCUR MED EKP (Any one person) $ 10,000 PraSoNAL a ADv INJURY 5 1, 000,000 GENERAL AGGREGATE. S 2,000,000 GENT AGGREGATE LIMIT APPLIES PEA. 7(1 POLICY n .T n LOC PRODUCTS • COMP+OP AOG S 2,000,000 S H AUTON X `- OBILE LIABILITY ANY AUTO ALL OWNED — — SCHEDULED AUTOS NON -OWNED AUTOS X 59°SHOJI442 1/25/2015 1/25/2016 COMOINED SINL(LE LIMIT )En arcs -NMI 5 1, 000, 000 BODILY INJURY (PM person) S BOO .Y INJURY (Per acGdenq PROPERTY DAMAGE leo nodert) $ 5 c x UMBRELLA LIAR EXCESS UA8 X Occun CtAIMSAMADE gE016827135 1/25/2015 1/25/2016 EAC)I OCCURRENCE 5 3,000,000 AGGREGATE S 3,000,000 OED I X I RETENT ONS 0 $ D WORKERS COMPENSATION ANC EMPLOYERS- UAB(UTY y / N ANY PROPRIETOWPARTNEIVEXECUTIvE (ManOFFLdatory IrtN N EXCLUDED? n (Mandatory lA NH) ;MaraRvOOwPERATIONS cola• N!A SNC1066179 1/25/2015 1/25/2016 I X I WRY TIMNS I IOFR E.L. EACH ACCIDENT 5 1, 000, OOD E.L. DISEASE • EA EMPLOYEE 5 1, 000, 000 EL OISEASE - POLICY LIMIT 5 1, 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (At1ACR ACORD 10t, AddtUo,a1 Remarks Schedule, 11 more apace i required) This certificate is only a representation of coverage afforded by the insurance companies noted on it. Terms of coverage are defined in the policies(ies) shown and those terms may or may not comply with the requirements of any contract entered into by the named inaurod. City of National City (holder) its elected officials, officers, agents and employees are afforded additional insured status only per attached HG0001 (06/05) and RA9916 (07/06) with respects to general liability and automobile liability for thin insured. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Peter Godfrey/JSZUMI .l- ACORD 25 (2010/05) INS025 {201005).01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 December 7, 2015 Ms. Heather Woodland Commercial Aquatic Services 1121 N. Hawk Circle Anaheim, CA 92807 Dear Ms. Woodland, On September 17th, 2015, an Agreement was entered into between the City of National City and Commercial Aquatic Services. We are enclosing for your records a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure