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HomeMy WebLinkAbout2019 CON DCS Testing and Equipment - Hose and Ladder Testing - Amendment #3THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DCS TESTING & EQUIPMENT, INC. THIS THIRD AMENDMENT TO THE AGREEMENT, is entered into this loth day of April, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and DCS Testing & Equipment, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, on April 1, 2016, the City entered into an Agreement with DCS Testing & Equipment, Inc. (the "Agreement") wherein the CONSULTANT agreed to provide hose and ladder testing per National Fire Protection Association ("NFPA") standards as directed by Mark Beveridge, the City's Battalion Chief; WHEREAS, the term of the Agreement was for one year, beginning April 1, 2016 and expiring March 31, 2017, with an option to renew for three (3) additional one year terms, contingent upon mutual agreement between the CITY and the CONSULTANT; WHEREAS, services under the Agreement, and any additional extensions of the Agreement, shall not exceed an annual cost of $5,000.00; WHEREAS, on March 31, 2017, the CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for one year, expiring March 30, 2018, for the not to exceed amount of $5,000.00, for a total Agreement not to exceed amount of $10,000; and on March 31, 2018, the CITY and CONSULTANT entered into the Second Amendment to the Agreement to extend the term of the Agreement for one year, expiring March 20, 2019, for the not to exceed amount of $5,000.00, for a total Agreement not to exceed amount of $15,000; WHEREAS, based on the quality of the services provided, the CITY and CONSULTANT desire to enter into a Third Amendment to the Agreement to extend the term of the Agreement for one (1) additional one year term, effective March 31, 2019 and expiring March 30, 2020, for the not to exceed amount of $5,000.00, for a total not to exceed Agreement amount of $20,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on April 1, 2016 shall be amended to extend the term of the Agreement for one (1) additional year, expiring March 30, 2020, and shall not exceed an annual cost of $5,000.00, for a total not to exceed Agreement amount of $20,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 1, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. [Signature Page to Follow] CITY OF NATIONAL CITY Bv: Stele Manganiello, Acting City Manager APPROVED AS TO FORM: Angil P. Morris -Jones By: icole Pedone Senior Assistant City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4566 Fax: (619) 336-4562 Contact: Frank Parra Title: Director Dept.: Fire Department Email: fparra@nationalcityca.gov Third Amendment to 2016 Agreement DCS TESTING & EQUIPMENT, INC. (Signatures of two cap -ate officers required) By: By: Steve Ward, CEO Debbie McIntire, CFO DCS TESTING & EQUIPMENT, INC. 463 West 159th Street Lawndale, CA 90260 Phone: (310) 542-3004 Fax: (760) 595-6069 Contact: Tim Brown Title: General Manager Email: tbrown.dcs@gmail.com Taxpayer I.D. No.: 95-4567528 2 City of National City and DCS Testing & Equipment, Inc. DCSTEST-01 AROSENTRETER ,a►----- CERTIFICATE OF LIABILITY INSURANCE �� DAT11612D/YYYY) 411612019 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 have ADDITIONAL INSURED provisions or 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 License # 0110893 Vista International Ins. 1318 Redwood Way, Suite 250 Petaluma, CA 94954 CONTACT Laura Lincoln NAME• PHONE 1 FAX (A/C, No, Ext): (A/C, No): AUD°ss:Iiincoln@vistainternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Lloyds of London INSURED DCS Testing & Equipment Inc. 4637 W. 159th Street Lawndale, CA 90260 INSURER B : Security National Ins. Co. 19879 INSURER C :Scottsdale Insurance Company 41297 INSURER D : State Compensation Ins. Fund 35076 INSURER E : INSURER F : 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 POLIC ES 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 POLICY EFF (MM/DD/YYYYI POLICY EXP LMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X SPG018406 9/26/2018 9/26/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X E&O & Pollution MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLLUTION LIAB $ 5,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED _ _, SCHEDULED AUTOS SSWNE AUU ONLY SPP1531797-01 8/18/2018 8/18/2019 COMBINED SINGLE LIMIT (Fa accident) 1,000,000 $ BODILY INJURY (Per person) $ INJURYp(Per accident) $ pBOODILY (Perr acEciident) AMAGE $ $ C X UMBRELLA LIAB EXCESS LIAB X ^ OCCUR CLAIMS -MADE XLS0108201 9/26/2018 9/26/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE FICER/MEMBER EXCLUDED? andatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 9238628 9/26/2018 9/26/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requl ed) The City of National City, Its elected officials, offcers, agents and employees are included as Additional Insured as respects all operations of the Named Inusred. Waiver of Subrogation applies. 10 day notice of cancellation for nonpayment of premium will be provided. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Fire Department 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. AUTHORIZED REPRESENTATIVE doeite ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SPG018406 This Endorsement Modifies Your Policy. Please Read It Carefully. LIMITED BLANKET ADDITIONAL INSURED ENDORSEMENT INCLUDING PRIMARY AND NONCONTRIBUTORY PROVISION AND WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The insurance afforded by this policy for "bodily injury, property damage" or "personal and advertising injury" shall also apply to any "additional insured". Such coverage for the "additional insured" is provided for claims, "suits" and/or damages made against the "additional insured," but only: 1. To the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the "named insured"; 2. During the ongoing operations of the "named insured"; and 3. "Your work", as included in the "products -completed operations hazard". The inclusion of the "additional insured(s)" shall not operate to increase the Limits of Insurance. B. This insurance afforded shall not apply to claims, "suits" and/or damages arising out of the acts, omissions and/or negligence of the "additional insured(s)." C. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Page 1 of 2 SP BAI PNW (02/15) D. Primary and Noncontributory Provision The insurance afforded to the additional insured will be Primary Insurance and Noncontributory, but only if such claims, "suits" and/or damages arise out of the sole negligence of the Named Insured. E. Waiver of Subrogation Provision The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against those who are added as additional insureds by this endorsement because of payments we make for injury or damage arising out of your ongoing operations or "your work" performed under a contract with them. This waiver applies only when you are solely negligent. This waiver shall not apply to claims, "suits" and/or damages arising in whole or in part out of the acts, omissions, and/or negligence of those added as additional insureds by this endorsement. To the extent that this policy affords coverage to an "additional insured," the "additional insured" is subject to all of the terms and conditions of the policy. This endorsement does not apply to any additional insured that has been added to this policy by another additional insured endorsement specifically naming that additional insured. Page 2 of 2 SP BAI PNW (02/15) STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION REP 04 9238628-18 NEW NA 3-70-00-53 PAGE 1 EFFECTIVE APRIL 18, 2019 AT 12.01 A.M. AND EXPIRING SEPTEMBER 26, 2019 AT 12.01 A.M. DCS TESTING AND EQUIPMENT, INC 4637 W 159TH ST LAWNDALE, CA 90260 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NATIONAL CITY WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, DCS TESTING AND EQUIPMENT, INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: APRIL 25, 2019 2570 AUTHORIZED REPRESENTATIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) OLD DP 217 CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Date: 05/02/19 From (Dept.): Fire Department Submitted by (First & Last Name): Judy Wilkins Vendor: DCS Testing & Equipment, Inc. Resolution: YES / NO 2 3 4 Originals Provided to City Clerk (circle quantity) X Department has copy X Vendor has copy 14r 4N/gAif 11 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk DCS TESTING & EQUIPMENT Amendment #3 Hose and Ladder Testing per National Fire Protection Association (NFPA) Judy Wilkins (Fire) forwarded a duplicate original Agreement to DCS Testing & Equipment.