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HomeMy WebLinkAboutAir Quality Compliance Solutions DBA Rely Environmental - On Call Environmental Services - Amendment #2 - 2017SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL This Second Amendment to the Agreement is entered into this 19th day of September, 2017 by and between the City of National City, a municipal corporation ("CITY"), and Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on July 1, 2015, ("the Agreement"), wherein the CONSULTANT agreed to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety; and WHEREAS, the Agreement, which was executed by the City Manager, had a not -to - exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement increasing the not -to - exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the term of the Agreement to June 30, 2018; and WHEREAS, based on the CONSULTANT'S performance and quality of work, the CITY desires to have the CONSULTANT continue providing environmental compliance management services for the CITY, and the CONSULTANT is willing to perform such services; therefore, the parties desire to increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on July 1, 2015, as follows: 1. Increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2015, shall remain in full force and effect. < Signatures on next page > IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: A it P. Morris -Jones City torney By: Rokferto M. Contreras Deputy City Attorney AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL By:' Scott St. r ' s President By: SCott Sto ms Secretary Act RO° CERTIFICATE OF LIABILITY INSURANCE `:.—.i DATE(MM/DDIYYYY) 4/3/2017 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 Frenkel & Company 350 Hudson Street New York NY 10014 CONTACT Renee Molina (p CONN Fat). 212-488-0246 (A/c. Not, 646-514-9597 . E-MAIL rmolinafrenkel.com ADDRESS Vnn INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Westchester Surplus Lines Ins 10172 INSURED Air Quality Compliance Solutions, Inc. 2415 Poinsettia Drive San Diego CA 92106 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 616861568 • 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. INSRL TYPE OF INSURANCE ADDL NSD SWVD POLICY NUMBER JMUBR M/DDY UEFF MMIDDIIYYYYYL LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y G24367022 003 2/16/2017 2/16/2019 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $50,000 X ontr. Pollution MED EXP (Any one person) $10,000 -Occurrence Form PERSONAL 8 ADV INJURY $2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JERC7 PER: LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE — X LIABILITY ANY AUTO — X SCHEDULED AUTOS NON -OWNED AUTOS N N G24367022 003 2/16/2017 2/16/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability -Claims Made Form N N G24367022 003 2/16/2017 2/16/2019 Per Claim: $2,000,000 General Aggregate: $4,000,000 Deductible: $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of National City is added as Additional Insured to the General Liability as required by written contract but only as respects all covered operations of the Named Insured performed on behalf of the Additional Insured. A Waiver of Subrogation applies tc the General Liabiiity in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION I City of National City c/o Risk Manager 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 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT ORIZED�REPRESENTATIVE / , - .I CIL ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured Air Quality Compliance Solutions, Inc. Endorsement Number Policy Symbol ECP Policy Number G24367022 003 Policy Period 02/16/2017 to 02/16/2019 Effective pale of Endorsement 02/16/2017 Issued By (Name o1 Insurance Company) - Westchester Surplus Lines insurance Company Insert the policy number. The remainder of the information le to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization; Any person or organization that Is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the 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 organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 (06-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Sr E ► cou i4AEtc?K UN D ISSUE DATE: 03-17-2017 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY, RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SP GROUP: POLICY NUMBER: 1944187-2017 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 01-01-2018 01-01-2017/01-01-2018 This is to certify that we have issued a valid Workers' Compensation Insurance pcllcy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This poiicy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document wlth respect to which this certificate of insurance may be Issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. /eeT'ti/ der.-a,.,�-evlt�i�, Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT W2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. - ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-03-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY, RISK MANAGER EMPLOYER AIR QUALITY COMPLIANCE SOLUTIONS INC SP 2415 POINSETTIA DR SAN DIEGO CA 92108 IREV.7-2014} [BOO,CNj PRINTED : 03-17-2017 S CqQ,A1 P� 6,115 %aT.) N : 1! rit A`:N •C :6 ISSUE DATE: 03-17-2017 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY, RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SP GROUP: POLICY NUMBER: 1844187-2017 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 01-01-2018 01-01-2017/01-01-2018 This is to certify that we have Issued a valid Workers' Compensation Insurance policy In a form apprdved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which It may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. lrss..yti-, Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-03-17 Xc ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL. CITY, RISK MANAGER EMPLOYER AIR QUALITY COMPLIANCE SOLUTIONS INC SP 2415 POINSETTIA DR SAN DIEGO CA 92106 (RE V.7-2014) [BOO,CN] PRINTED : 03-17-2017 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor, Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: $5,000.00 13.30% $ 665.00 3.00% Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 + 19.95) AICORL7' OP ID: SM DATE (MM1DD1YYYY) 03/21/2017 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 COVERAC3E 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. CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder is en ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION I5 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 iieu of such endorsement(sj. PRODUCER Gateway Insurance Agency 207 North Dltmar St Oceanside, CA 92054- INSURED Air Quality Compliance Solutions, Inc 2415 Poinsettia Dr San Diego, CA 92106 ACT NAME:Scott McPherson PHONE 760-439-1323 E4, A.IL ADDRESS: PRODUCER CUSTOMER ID STORSCI f {AAJc, No): 760-439-6905 INSURER() AFFORDING COVERAGE INSURER A: Infinity Insurance Company INSURER B : NAIC t 22268 INSURER C : INSURER D: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER; i-si—e r.awrre PiuIvi I rc; 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. NSRR TYPE OF INSURANCE ADDL. ,,IN SR_ SUER WYQ, POLICY NUMBER POLICY EFF IMMIDDhYYYL POLICY EXP (MM/OD/YYYYL LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I OCCUR EACH OCCURRENCE $ DAM,AGEI O RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE MED EXP (Any one person) $ GEN'L PERSONAL a ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: POLICY 7 jp GOT-, [ LOC PRODUCTS - COMPtOP AGG $ $ X AUTOMOBILE X LIABILITY X 504810022689001 03/22/2017 03/22/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Pet acddent) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ $ it UMBRELLA LIAR EXCESS LIAB , OCCUR CLAIMS -MADE _ EACH OCCURRENCE $ AGGREGATE $ D DEDUCTIBLE RETENTION S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y) N ANY PROPR!EORIPARTNER/EXECLMVE OFFICEREEMBER EXCLUDED? 7 (Mandatory to NH) If yea, describe under N / A 1 WC STATU- OTH- + + ORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS i LOCATIONS /VEHICLES (Attach ACO, 0 101, Additional Remarks Schedule if more space is required) Please see notes CANCELLATION City of National City clo Risk Manager 1243 National City Blvd National City, CA 91950-4393 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) it 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME Air Quality Compliance STORSCI OP ID: SM PAGE 2 Data 03/21/2017 The City of National City, Its elected officials, officer, agents, employees and volunteers are named as Additional Insureds. 2011 Toyota VIN #: JTDK 3DU0B0255226 2014 Ram VIN #: 1C6RR6FG2Es396858 2015 Toyota VIN #: JTDIDTB30F1112791 2015 Toyota VIN #: JTD'DTB30F1109776 Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 CopyTG Claims Service: (800) 334-1661 ADDITIONAL. NAMED INSURED ENDORSEMENT City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 Polic ID Number. ExpirationDate 504-61002-2689-001 03/23/2018 12:01 a..rn. Named Insured Air Quality Compliance Solutions, INC This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. City of National City c/o Risk Manager Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY 50461AIS011 AMEND DATE: 03/29/2017 ENDORSEMENT: 8-5 - CRLIFORNIA -' N, Tio A cirp 1:3 1 .. City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: Rely Environmental (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to Rely Environmental (Company), I declare as follows: I, Scott Storms (name) , President and Secretary (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of Rely Environmental (company), who are independent contractors. If, however, Rely Environmental (company) shall ever be required to hire employees or Subcontractors to perform this contract, Rely Environmental (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by Rely Environemntal (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded Rely Environmental (company). Rely Environmental (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: Rely Environmental (company). Dated: 11 September , 2017 (Insert company name in all caps) By: (Signature of Authorized Representative) Scott Storms, President (Name and Title) RESOLUTION NO. 2017 — 183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $150,000 WHEREAS, on July 1, 2015, the City of National City entered into an Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety for a not -to -exceed amount of $50,000 and a term of two years, with the option to extend for an additional one year term; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement to exercise the option to extend the term for one year, expiring on June 30, 2018, and increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000; and WHEREAS, a Second Amendment to the Agreement in the not -to -exceed amount of $50,000 is necessary for Rely Environmental to continue providing environmental compliance management services for the City, for a total Agreement amount of $150,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental Compliance Solutions, Inc., to increase the not to exceed amount by $50,000, for a total Agreement amount of $150,000, to continue providing on -call environmental compliance management services. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of Septem 2017. on Morrison, Mayor ATTEST: i Michael R. Dalla, ity Clerk APPROVED • FORM: o`ris-Jon Ci orney Q Passed and adopted by the Council of the City of National City, California, on September 19, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California // Q A City Clerk of the City o National onal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-183 of the City of National City, California, passed and adopted by the Council of said City on September 19, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2017 AGENDA ITEM NO. 9 ,"EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services, increasing the not -to -exceed amount of the Agreement by $50,000, for a total Agreement amount of $150,000. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds appropriated in account # 001-416-030-299-0000 (Environmental Compliance Contract Services) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing a Second Amendment to the Agreement with Rely Environmental. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Second Amendment to Agreement 3. Resolution v. 20/7-183 Explanation: On July 1, 2015, the City of National City entered into an Agreement with Air Quality Compliance Solutions, Inc., DBA: Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety. The Agreement, which was executed by the City Manager, was for a not -to -exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year. On February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the term of the Agreement to June 30, 2018. Additional funds are needed to allow Rely Environmental to continue providing environmental compliance management services for the City. Based on Rely Environmental's performance and quality of work, staff recommends authorizing the Mayor to execute a Second Amendment to the Agreement increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. Funds are appropriated in the Environmental Compliance Contract Services account. SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL This Second Amendment to the Agreement is entered into this 19th day of September, 2017 by and between the City of National City, a municipal corporation ("CITY"), and Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on July 1, 2015, ("the Agreement"), wherein the CONSULTANT agreed to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety; and WHEREAS, the Agreement, which was executed by the City Manager, had a not -to - exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement increasing the not -to - exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the term of the Agreement to June 30, 2018; and WHEREAS, based on the CONSULTANT'S performance and quality of work, the CITY desires to have the CONSULTANT continue providing environmental compliance management services for the CITY, and the CONSULTANT is willing to perform such services; therefore, the parties desire to increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on July 1, 2015, as follows: 1. Increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2015, shall remain in full force and effect. < Signatures on next page > -1- IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL By: By: L_-- Ron Morrison, Mayor Sc rms President APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney By: torms Secretary -z- AC R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/3/2017 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 Frenkel &Company 350 Hudson Street New York NY 10014 CONTACT Renee Molina PHONE pionN Fat)• 212-488-0246 FAX Not. 646-514-9597 E-MAIL rmolina@frenkel.com ADDRESS• INSURER(S) AFFORDING COVERAGE NAIC p INSURER A :Westchester Surplus Lines Ins 10172 INSURED Air Quality Compliance Solutions, Inc. 2415 Poinsettia Drive San Diego CA 92106 INSURER B : INSURER C: INSURER D INSURER E : INSURER F : • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER __JMM/DD/YYYYUMM/DD/YYYYL POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y G24367022 003 2/16/2017 2/16/2019 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $50,000 X ontr. Pollution MED EXP (Any one person) $10,000 -Occurrence Form PERSONAL & ADV INJURY $2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES RO- JECT PER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO X C CHEDULED SAUTOS NON -OWNED AUTOS N N G24367022 003 2/16/2017 2/16/2019 COMBINED SINGLE LIMIT — (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability -Claims Made Form N N G24367022 003 2/16/2017 2/16/2019 Per Claim: $2,000,000 General Aggregate: $4,000,000 Deductible: $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of National City is added as Additiona Insured to the General Liability as required by written contract but only as respects all covered operations of the Named Insured performed on behalf of the Additional Insured. A Waiver --_-,f Subrogation applies to the General Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCEL i City of National City c/o Risk Manager 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 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHHOORRIZED REPRESENTATIVES / r/ a 1� ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD -3- Named Insured Air Quality Compliance Solutions, Inc. Endorsement Number Policy Symbol ECP Policy Number G24367022 003 Policy Period 02/16/2017 to 02/1612019 Effective Date of Endorsement 02/16/2017 Issued By (Name of Insurance Company) Westchester Surplus Lines insurance Company Insert the polcy number. The remainder of the infornatlon la to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization; Any person or organization that Is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the 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 organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 (0B-04) includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 -4- SATE a?hR a a f4-+�_�.c.4'. UND ISSUE DATE: 03-17-2017 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY, RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SP GROUP: POLICY NUMBER: 1944187-2017 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 01-01-2018 01-01-2017/01-01-2018 This is to certify that we have issued a valid Workers' Compensation insurance policy In a form apprdved by the California insurance Commissioner to the employer named below for the policy period indicated. This poiicy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. Thls certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which It may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-03-17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY, RISK MANAGER EMPLOYER AIR QUALITY COMPLIANCE SOLUTIONS INC SP 2415 POINSETTIA DR SAN DIEGO CA 92106 IREV.7-2014) tBOD,CN] PRINTED : 03-17-2017 ATE 1.,, 1J.s, A4;N 4c s U E M, ..I ISSUE DATE: 03-17-2017 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NATIONAL CITY, RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 SP GROUP: POLICY NUMBER: 1944187-2017 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 01-01-2018 01-01-2017/01-01-2018 This is to certify that we have Issued a valid Workers' Compensation Insurance pollcy Ina form apprdved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should thls policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance pollcy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which It may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. lr�s.•�r.-� Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-03-17 XS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY, RISK MANAGER EMPLOYER AIR QUALITY COMPLIANCE SOLUTIONS INC 2415 POINSETTIA DR SAN DIEGO CA 92106 (REV.7-2014) SP [BOO,CNI PRINTED : 03-17-2017 SP -6- WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: $5,000.00 13.30% $ 665.00 3.00% Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 + 19.95) -7- OP ID: SM ,F OR®• CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/21 /2017 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 pollcy(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 this certificate does not confer rights to the certificate holder in iieu of such endorsement(s). PRODUCER Gateway insurance Agency 207 North Ditmar St Ocea^olde, CA 92054- CONTACT Scott McPherson PHONE FAX (me, No, Eet1:760-439-1323 (A/c, No): 760-439-6905 E-MAIL ADDRESS: PRODUCECUSTOMER ID M: STORSCI INSURER(S) AFFORDING COVERAGE NAIL tr INSURED Air Quality Compliance Solutions, Inc 2415 Poinsettia Dr San Diego, CA 92106 INSURER A: infinity Insurance Company 22268 INSURER B: INSURER C INSURER D: INSURER E : INSURER P : COVERAGES CERTIFICATE NUMBER: REVISION 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. a/SR R TYPE OF INSURANCE ADOL 0NSR SUER wv„ POLICY NUMBER POLICY EFF (MMJDDIYYYY) POLICY EXP [MM/DD/YYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE I OCCUR MED EXP (Any one parson) $ PERSONAL 5 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY 7 TC°T- r i LOC $ AUTOMOBILE LIABILITY X S04610022689001 03/22/2017 03/22/20113 O MBaBIN EDtSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED AUTOS BODILY INJURY (Pet eminent) $ X X_ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE _ $ RETENTION $ __ 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER I TORY LIMITS OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N I A E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? I f {Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Sohe dule, It more space is required) Please see notes CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4393 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) ®1988-2009 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD -8- NOTEPAD INSURED'S NAME Air Quality Compliance STORSC1 OP ID: San The City of National City, Its elected officials, officer, agents, employees and volunteers are named as Additional Insureds. 2011 Toyota VIN #: JTDKN3DU0H0255226 2014 Ram VIN #: 1C6RR6FG2E8396858 2015 Toyota VIN #: JTDFDTH30F1112791 2015 Toyota VIN 0: JTDEDTB30F1109776 PAGE 2 oath 03/21/2017 -9- Infinity Commercial Auto 1 1700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 ADDITIONAL NAMED INSURED ENDORSEMENT Claims Service: (800) 334-1661 opv TG City of National City c/o Risk Manager 1243 National City Blvd NationalCity, CA 91950 er$. 4461002-2689-001 Eirplratlorr oatE 03/23/2018 12:01 a.rn. Narned`cInsur Air Quality Compliance Solutions, INC This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. City of National City c/o Risk Manager Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY 50461A1S011 AMEND DATE: 03/29/2017 ENDORSEMENT: 8-5 -10_ CALIFORNIA —n NATIONAL - INCORppgATED r City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: Rely Environmental (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to Rely Environmental (Company), I declare as follows: I, Scott Storms (name) , President and Secretary (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of Rely Environmental (company), who are independent contractors. If, however, Rely Environmental (company) shall ever be required to hire employees or Subcontractors to perform this contract, Rely Environmental (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by Rely Environemntal (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded Rely Environmental (company). Rely Environmental (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: Rely Environmental (company). Dated: 11 September , 2017 . (Insert company name in all caps) By: (Signature of Authorized Representative) Scott Storms, President (Name and Title) -11- RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $150,000 WHEREAS, on July 1, 2015, the City of National City entered into an Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety for a not -to -exceed amount of $50,000 and a term of two years, with the option to extend for an additional one year term; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement to exercise the option to extend the term for one year, expiring on June 30, 2018, and increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000; and WHEREAS, a Second Amendment to the Agreement in the not -to -exceed amount of $50,000 is necessary for Rely Environmental to continue providing environmental compliance management services for the City, for a total Agreement amount of $150,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental Compliance Solutions, Inc., to increase the not to exceed amount by $50,000, for a total Agreement amount of $150,000, to continue providing on -call environmental compliance management services. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2017. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk September 25, 2017 Mr. Scott Storms, President Air Quality Compliance Solutions, Inc., DBA; Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 Dear Mr. Storms, On September 19th, 2017, Resolution No. 2017-183 was passed and adopted by the City Council of the City of National City, authorizing execution of a Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, ./' Z11) Michael R. Dalla, CMC City Clerk Enclosures