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HomeMy WebLinkAbout24 Hour Elevator, Inc. - Elevator Maintenance and Services - 2019AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND 24 HOUR ELEVATOR, INC. THIS AGREEMENT is entered into on this 1st day of July, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and 24 HOUR ELEVATOR, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide additional City- wide on -site elevator maintenance, service, repairs, inspections for the fiscal year ending June 30, 2020, as -needed and as directed by the City's Facilities Maintenance Supervisor, currently Arturo Gonzalez. WHEREAS, the CITY desires to benefit from the CONTRACTOR'S working knowledge and familiarity of city -owned elevators and on -going repair needs. WHEREAS, the CITY has determined that the CONTRACTOR is an elevator service and repair company and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to provide additional on -site elevator maintenance, service, repairs, inspections and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2019. The duration of this Agreement is for the period of July 1 2019 through June 30, 2020. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". 3. SCOPE OF SERVICES. Given CONTRACTOR'S working knowledge and familiarity of city -owned elevators and the City's on -going repair needs, the CONTRACTOR will perform those city-wide services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Arturo Gonzalez, Facilities Supervisor, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Chris Sommese thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $30,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. 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. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding Standard Agreement Page 2 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as set forth in this Agreement. The CONTRACTOR, or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONTRACTOR and its agents, servants, and employees are wholly independent from the CITY and CONTRACTOR'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONTRACTOR must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR Standard Agreement Page 4 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid Standard Agreement Page 5 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 18. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: 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. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and Standard Agreement Page 6 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. 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. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, 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's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. 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. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of 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 List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may 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. CITY reserves the right to modify the insurance Standard Agreement Page 7 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express Standard Agreement Page 8 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Arturo Gonzalez Facilities Supervisor Engineering and Public Works City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Chris Sommese Service Account Manager 24 Hour Elevator, Inc. 4837 Mercury Street San Diego, CA 92111 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. Standard Agreement Page 9 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. 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. C. 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. D. 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. 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. G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// /// /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 24 Hour Elevator, Inc., FY20 N. 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) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) 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, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Brad anager APPROVED AS TO FORM: Standard Agreement Revised May 2019 24 HOUR ELEVATOR, INC., a California corporation (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By, By: Page 12 of 12 (Name) (Print) kck_v`exyZ—r— (Title) (P.4PlArd 415-K rint) 4 1/944. (Title) City of National City and 24 Hour Elevator, Inc., FY20 HQLR 'ELEVATOR, INC Elevator Maintenance Service Agreement Date: July 15, 2019 24 Hour Elevator, Inc., (hereinafter called the Company) agrees to furnish to: City of National City 1243 National City Blvd. National City, CA 91950 (hereinafter called the Purchaser); a service agreement on the following listed elevator/lift(s) located at: See Attached Conveyance List National City, CA 91950 Please review the Conveyance description below. Qty. Description See Attached Conveyance Description Manufacture Landings/Openings State # The Company will service the above referenced equipment during the normal business hours of Monday through Friday from 7:30 a.m. to 4:30 p.m. with the exception of legal and scheduled holidays. This Agreement shall be for the following level of service: ® PM — Preventative Maintenance — Does not include any call backs or service calls between regular maintenance visits. All parts needed whether during regular maintenance or call backs are billable as an extra. Maintenance service will be performed during regular business hours as defined above. Testing, extra requests, vandalism, ROA's, and misuse calls are not included in this agreement. Please refer to Exhibit A for Labor Billing Rates. ❑ Checked box indicates Addendum attachment(s) to this Agreement. Compensation The price for this service shall be Three Thousand Seven Hundred Forty One dollars ($3741) per quarter, payable quarterly. The price set forth above may be adjusted annually of each year that this Agreement is in effect to compensate for changes in the cost of labor and materials. The price may escalate or deescalate at a rate of up to five percent (5%) reflecting these changes annually to reflect changes in union labor rates. ♦ 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 1 Term This service Agreement shall commence on for a term of 1 year(s). To assure continuous service, this Agreement will renew automatically for the same term, unless either party serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial term or succeeding term. Delivery of this notice must be hand -delivered to the other party or sent Certified mail, return receipt requested. Further cancellation conditions and terms are listed below. Cancellation Purchaser may cancel this Agreement upon 30 days written notice for cause, which shall include any of the following conditions by Company: any breach of this Agreement or failure to adequately perform Services pursuant to this Agreement. Any notice of breach of this Agreement for failure to adequately perform Services shall specify each and every breach and allow the Company 30 days to cure such breach. If it is impracticable for the Company to cure such breach within the 30 day period, Purchaser shall allow a practical period of time for the Company to cure such breach as long as the Company has initiated efforts to cure and it continues to do so in good faith. Company may cancel this Agreement upon 15 days written notice for cause, which shall include any of the following conditions by Purchaser: any breach of this Agreement, requesting any unlawful or unethical act, outstanding balances exceeding 45 days, disregard for following quality control measures, tampering with equipment by unauthorized users, and unauthorized use or distribution of Company's proprietary materials, trade secrets or methods. In the event of any cancellation of this Agreement, Company will be compensated for all services rendered to date of termination and within the original scope of work, whether used or not. Purchaser agrees to surrender any and all products of Company upon request and Purchaser agrees to cease to use any and all products created or developed by the Company from the date of termination forward. Company's compensation will be based upon the percentage of work completed. Company will immediately stop all work in progress upon receiving notice of cancellation. Scope of Work The Company shall provide trained and licensed elevator mechanics that will regularly and systematically service, inspect, adjust, clean and lubricate as necessary all elevator/lift components. Under this agreement 24 Hour Elevator will also provide: 24-Hour Customer Support — The Company will provide the Purchaser with our 24-hour dispatching service for emergency response to elevator malfunctions. The service includes 24-hour answering of all preprogrammed elevator phones at no additional charge to Purchaser. The Purchaser may request the Company to dispatch a technician to perform adjustments and repairs if an elevator malfunction occurs between regular examinations. Preventative Maintenance Charts — The Company will maintain detailed maintenance charts and trouble call logs that shall remain in the equipment machine room during the term of this contract. The charts illustrate the systematic maintenance schedule followed by Company technicians. All maintenance charts are available to Purchaser to ensure the highest quality of service possible and will serve as proof of service. Fire Service Testing — The Company will test the elevator Fire Service keyswitches and their function monthly(Phase I and Phase II testing) and maintain a Fire Service log in the machine room. Administrative Support — The Company will assign a supervisor to conduct periodic inspections of equipment and audits of Preventative Maintenance Charts to ensure quality control. The Company will also appoint an account representative who will be available to discuss maintenance issues and assist with upgrades or modernizations which would be subject to a separate agreement between parties. The Company will have available a competent office staff for Purchasers needs. Other Charges ♦ • 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 2 Requested services by Purchaser that are outside the scope of this Agreement shall be billed on an hourly basis (with two (2) hours being the minimum billing — billing increments are 15 minutes after second hour) plus materials. Please refer to Exhibit A for Labor Billing Rates. Payment Conditions Billing is monthly and Fees are due in 30 days. Interest shall accrue from the due date of the invoice at a rate of one and one-half percent (1.5%) per month until paid. If the Company engages an attorney or collection agency to collect any amounts due, with or without the filing of any legal action or proceeding, then Customer will immediately pay on demand all attorneys' fees and other collection costs incurred by 24 Hour Elevator, together with interest from the date of the demand until paid at a rate of one and one-half percent (1.5%) per month until paid. 24 Hour Elevator reserves the right to suspend Services without further obligation if Customer fails to pay any sum due within forty-five (45) days of invoice date. Purchaser agrees to notify the Company in writing of any changes in ownership, leaser, lessee or management of the premises at least thirty (30) days prior to such change. Should Purchaser fail to do so, Purchaser will remain responsible for payment for the full term of this Agreement, as well as for any and all future charges or liability incurred by the company, unless this contract is assigned to the new party and agreed to by the Company. This Agreement shall only be assigned to a third party after obtaining written approval from the Company. Such approval shall not be withheld unreasonably. Exclusions Under no circumstances shall the Company be liable or responsible for obsolete parts, including, but not limited to, all parts no longer made by the Original Equipment Manufacturer (OEM). The Company shall not be obligated to upgrade or replace equipment that is obsolete. The Company's responsibility shall be limited to the cost of labor on maintenance visits only. This Agreement does not include cosmetic or ancillary components, finishes, fixtures, elevator smoke and fire sensors, security systems, alarm systems, audio/video systems, emergency communication devices and ventilation systems. Rusted and Corroded elevator/lift components are not covered. Purchaser must provide power to the controller and assume responsibility for the main line switch and fuses. Under no circumstances shall the Company be held responsible for the power delivery system. 24 Hour Elevator assumes no responsibility for defects in material and workmanship from the original equipment installation or previous service providers. It is agreed that we do not assume possession or control of your conveyance equipment. Such remains yours solely as the owner, lessee or agent of the owner or lessee, and you are solely responsible for all the requirements imposed by any federal, state or local law, ordinance, regulation or code. We shall not be required to install new attachments, make replacements with parts of a different design, make reports of any kind to insurance companies or governmental bodies. improve or modernize the equipment, design or operation from its existing condition at the signing of this agreement. We assume no other responsibility for the equipment other than the specific work we perform under this agreement. This contract constitutes the entire agreement for the services that have been described and all other representations, whether written or verbal merged herein as stated in this contract. The Company shall not be held responsible or liable for any loss, damage, injury, delay, or detention of any persons or property caused by acts of government, civil or military authorities, war, civil commotion, theft, vandalism, malicious mischief, labor troubles, strikes, loss of equipment in transit, explosion, fire, power failure, storms, lightening, water damage, natural or public catastrophes, acts of God, or by any other cause, which is unavoidable or beyond reasonable control, and in any event we shall not be responsible for consequential damages. It is agreed that in consideration for services provided and/or enumerated herein that nothing in this agreement or from this service shall be construed to mean that the Company or its representatives assume any liability of any kind whatsoever on account of accidents, injuries, delays or detention to persons or property. The Purchaser therefore remains directly responsible for the elevator equipment and those passengers or property riding on or being around the associated areas. The Purchaser 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 3 will indemnify and hold harmless the Company and its directors, officers, and employees, from any and all claims, demands, judgments, awards, and other liabilities including any legal cost associated with such accidents or claims. The Company will be responsible for its own direct acts or omissions. Legal Purchaser understands and acknowledges that the Company has the right to acquire a mechanics lien, under California law, against the property on which the equipment, material and services are rendered in the event of non-payment. The Company will agree to mediation to first resolve any disputes. In the event of litigation arising from any breach of this Agreement or the indemnity provisions hereof, the prevailing party shall be entitled to recover its reasonable attorney's fees, together with any incurred costs and expenses to resolve the dispute and to enforce the final judgment. Each party signing this Agreement guarantees and represents that he or she has the full capacity and authority to execute this Agreement on whose behalf it is signed. Insurance The Company shall provide the Purchaser an Additional Insured Certificate upon request. The Company agrees to maintain General Liability, Worker's Compensation and Automobile Insurance. The limits shall not be less than $1,000,000 per occurrence and $4,000,000 aggregate. ACCEPTED BY: SUBMITTED FOR: (Print Legal Name of Purchaser/Owner) 24 Hour Elevator, Inc. (ADDRESS) BY Chris Sommese DATE 7/12/2019 ACCEPTED FOR: 24 Hour Elevator, Inc. (Signature) (Title) (Signature) (Date) (Name) (Title) (Date) 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 4 • Exhibit A - Billing Rates (2019 Labor Rates) Single Man Billing Rates Straight Time Overtime (1.7) Double Time Time Differential Rate (FMTD) Overtime (1.7) Double Time Team Billing Rates Straight Time Double Time Time Differential Double Time - Crew Regular Operating Hours $280.00 per hour $449.00 per hour $499.00 per hour $172.00 per hour $246.00 per hour $445.00 per hour $860.00 per hour $370.00 per hour Straight time hours are Monday -Friday 7:30 a.m. to 4:30 p.m. Overtime Saturdays and Overtime Weekdays (1.7) Sundays and all Holidays are Double Time All Team overtime is Double Time Rate Rates subject to change annually. ♦ ♦ 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 9211 I * (858) 279-8900 * Fax (858) 279-8901 * License #945545 Page 5 City of National City - PM Agreement Conveyance Description ELEVATORS (5): Qty. Address Building State # 1 1200 National City BI Police Dept. 105706 1 1243 National City BI Civic Center 043180 2 1401 National City BI Public Library 136078 136079 1 333 E. 16th Street Fire Station 34 129921 WHEELCHAIR LIFTS (1): Qty. Address Building State # 1 923 A Avenue Kimball House Museum 149767 24 Hour Elevator, Inc. * 4837 Mercury St, San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 [Conveyance] City of National City - PM Agreement Addendum A — Annual Testing • Under this agreement, 24 Hour Elevator Inc. will provide State mandated annual testing at no additional charge. This includes 1 hour to work with your smoke detector company on that portion of the testing. Disclaimer: Pressure test imposes greater stress on equipment than during normal operation. It is agreed in testing of equipment that 24 Hour Elevator is not liable for loss, damage or destruction of persons or property because of failure of equipment. If repairs are needed to return equipment to proper operation and to meet code, that said work will be an extra to the executed agreement. 24 Hour Elevator, Inc. * 4837 Mercury St., San Diego, CA 92111 * (858) 279-8900 * Fax (858) 279-8901 * License #945545 [Addendum] CERTIFICATE OF LIABILITY INSURANCE 24HOU-1 OP ID: MT DATE(MM/DD/YYYY) 05/02/2019 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 North County Insurance P. O. Box 907 Escondido, CA 92033-0907 Rosalie Delaney INSURED 24 Hour Elevator, Inc. 4837 Mercury Street San Diego, CA 92111 COVERAGES CONTACT NAMERosalie Delaney PHONE 760-745-9511 (A/C, No, Ext): E-MAIL ADDRESS: FAX No) 760-745-9157 INSURER(S) AFFORDING COVERAGE INSURER A :Great American Ins. Co. CERTIFICATE NUMBER: INSURER B : Am G uard INSURER c Liberty Ins. Underwriters Inc INSURER D:Midwest Employers Casualty Co INSURER E:Ohio Security Ins. Co. INSURER F Travelers Casualty & Surety REVISION NUMBER: RAID* 22136 42390 19917 23612 24082 19038 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 ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYY) (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X OCCUR GLP194857101 08/23/2018 08/23/2019 EACH OCCURRENCE $ 1,000,000 $ 300 000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JECOT: OTHER: X LOC PRODUCTS •COMP/OP AGG $ 4,000,000 $ AUTOMOBILE B X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Comp 1,000 SCHEDULED AUTOS NON -OWNED i 1,b�Do TWAU991249 08/23/2018 08/23/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ y _ PROPERTY DAMAGE (Per accident) $ X $ C X UMBRELLA LIAR X I OCCUR EXCESSLIAB CLAIMS -MADE 1000268386-01 08/23/2018 08/23/2019 EACH OCCURRENCE $ 9,000,00D AGGREGATE $ 9,000,000 DED X RETENTION $ -0- $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS YIN I 1BNUWC0147373 N 1 A 05/01/2019 05/01/2020 X P'EATH - UTE ER E.L. EACH ACCIDENT - $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E F Property Section BKS57368411 Crime 1106779541 05/27/2019 07/06/2018 05/27/2020 07/06/2019 BPP 537,660 Emp Theft 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of National City, its elected officials, officers, agents, employees and volunteers are additional insureds per attached endorsements (See notepad) CERTIFICATE HOLDER City of National City C/O Exigis Insurance Com pliance Services P 0 Box 4668 ECM # 35050 New York, NY 10163 CANCELLATION CITYOFN 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 j.. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME 24 Hour Elevator, Inc. 24HOU-1 PAGE 2 OP ID: MT Date 05/02/2019 G2010 04 13 Additional Insured Endorsement CG2037 04 13 Additional Insured/Completed Operations CG9053 04 16 Blanket Waiver of Subrogation, and Primary Non Contributory wording BA9904 04 16 Additional Insured when required by Contract,primary and non contributory wording BA9902 09 08 Blanket Waiver of Subrogation WC040306 Work Comp Waiver of Subrogation 30 Day Notice of Cancellation for other than non payment of premium 10 Day Notice of Cancellation for non payment of premium CG 20 10 (Ed. 0 4/1 3) GLP194857101 CG 20 10 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s) Location(s) of Covered Operations Any person or organization that you are required and agreed to name as an additional insured on your policy under: 1. A written contract or agreement that is In effect during the term of this policy and such contract Is entered Into prior to the "occurrence" of any "bodily Injury", "property damage", "personal Injury", or "advertls'ng Injury"; or, 2. An oral contract or oral agreement with a person or organization when a certifilcate of Insurance showing that person or organization as an Additional Insured has been issued; and such oral contract or oral agreement Is In effect during the term of this policy and is entered Into prior to the "occurrence" of any "bodily Injury", "property damage", "personal Injury", or "advertising Injury". Any location within the "coverage territory" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION 11 - WHO IS AN INSURED is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above. However; 1. the insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the Additional Insured Is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract cr agreement to provide for such additional insured. B. With respect to the Insurance afforded to these Additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. ail 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 location of the covered operations has been completed; or Copyright, ISO Properties, Inc., 2012 (Page 1 o f 2) GLP194857101 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 protect. C. With respect to the Insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS Of INSURANCE: If coverage provided to the Additional Insured Is required by a contract or agreement, the most we will pay on behalf of the Additional Insured Is the amount of insurance: 1. • required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. Thls endorsement shall not increase the applicable Limits of Insurance shown in the Declarations• Copyright, ISO Properties, Inc., 2012 CG 20 10 (Ed. 04/13) (Page 2 of 2) GLP194857101 CG 20 37 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organization(s) Any person or organlzatlonthat you are required and agreed to name as as an additional Insured on your policy under: Schedule Location and Description of Completed Operations Any location within the "coverage territory", and for all completed operations 1. A written contract or agreement that is In effect during the term of this policy and such contract Is entered Into prior to the "occurrence" of any "bodily injury", "property damage", "personal injury", or "advertising injury"; Or, 2. An oral contract or an oral agreement with a person or organization where a certificate of insurance showing that person or organization as an Additional Insured has beer. Issued; and such oral contract oe oral agreement is In effect during the term of this policy and such contract Is entered Into prior to the "occurrence" of any "bodily Injury", "property damage", "personal Injury", or "advertising InJury'; Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury" or "property damage" caused, in whole or In part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard.' However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will nay on behalf of the Additional Insured Is the amount of Insurance: 1. required by the contract or agreement; or Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13) (Page 1 of 2) 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is Tess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Copyright, ISO Properties, Inc., 2012 CG 20 37 (Ed. 04/13) (Page 2 of 2) GLP194857101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Primary and Non -Contributory Additional Insured Extension This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) K. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Additional Insured under any form or endorsement under thls Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: a. The following is added to Paragraph a. Primary Insurance: This Insurance Is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: (1) the Additional Insured is a Named Insured under such other Insurance; and (2) you have agreed In writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other Insurance available to the Additional Insured. GLP194857101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELEVATOR CONTRACTOR PLUS ENDORSEMENT Blanket Waiver of Subrogation This endorsement modifies Insurance provided under the following: COMMON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Extracted from Endorsement CG 90 53 (Ed. 04/16) T. In SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added at the end of Condition 8. Transfer of Rights of Recovery Against Others to Us: We waive any right of recovery we may have against a person or organization because of payments we make for Injury or damage arising out of: a. your ongoing operations; or b. "your work" pursuant to a written contract between you and that person or organization and Included In the "products -completed operations hazard"; but only if: c. you and that person or organization have agreed, in a written cortract or agreement, that you waive such rights against that person or organization; and d. the Injury or damage occurs only after you and that person or organization have signed the writter contract or agreement described in c. Policy Number TWAU991249 COMMERCIAL AUTO BA 00 04 0410 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE DEAL) IT CAREFULLY, ADDITIONAL INURED WHEN REQUIRED BY CONTRACT This endorsement modifies !neurotic° provided under the following; BUSINESS AUTO COVERAGa FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, Additional Insured When Required by Contract (1) Paragraph A,1, — Wi'IO IS AN INSUFRLtg W of Souttan 11 -- Liability Coverage Is emended to add; d, When you heave agreed, In a written contract ar written agreement, that w parson or organization be added as an raddltional Insured en your business auto policy, such person or organization Is an "Insured", but only to the extant such parson or organization Is Metals for °bodily Injury" or "property damage" caused by the conduct of en "insured" under paragraphs n, or b. of Who Is An Insured with regard to the ownership, maintenance or use of a ocverrnd "auto," The Insurance afforded to any such additional Insured applies only If life 'bodily Injury' or "property damage' occurs: (1) During the paltoy period, and (2) Subanquent to the execution of ©c,'a11 written aontroot, and (3) Prior to the expiration of the: period of time that the written contract requlros soh Insurance by provided to the additional insured, (2) How Limits Apply If you have agreed In a written contract or written agreement that another person or organization bei added its en additional Insured on your valley, the most we will pay on behalf of such additional insured Is the lesser of: (a) The limits of Insurance specified in the written contreot or written agreement; or (b) The Limits of Insurance shown In the Declarations, Such amount shall be a part of and not In eddltlon to Limits of Insurance shown In the Qeclorations and described in this Section, (3) Additional Insureds Other Inetlrarrtoa If we cover a olrim or "suit" under this Coverage Fart that may also be covered by other Insurance available to an additional Insured, such additional Insured must submit such claim or "suit" to the other Insurer for defense and indmm�tty Howover, tills provision dons not apply to the extent that you have agreed In written aontrtrot ar written agreement that the Insurance Is primary and non- contributory with the additional Insured's awn insurance. (4) Duties in The Event Of Accident) Claim, Suit or Long If you have agreed In a written contract or written agreement that anethear person or organization be added ea an additional Insured on your policy, the additional Insured shall be required to comply with the provisions In A, Lose Conditions 2, -. Outten In The Event Of Aooident, Claim, Suit Or Lose of SECTION IV — BUSINESS AUTO ' CONDITIONS, In the same) manner as the Named Insured, t3rts, g9 04 04 t3 Inctudso capyrfdhtod malarial arrnuurancn 60Maoo °moo, inn,wtt1 Itm parrhlselon, Pngetoft ,QUA,. GROUP a UurkaIke Nxth away company bpirip r ;glaln1arovrn0u • Aulo r VmbrollloJk"r��i' fr t' GUp BLANKET WAIVER OF SUBROGATION CONIMIwRCIAL AUTO BA00020000 This entlorsement modifies insurance provided under the followings BUSINESS AUTO COVlU AOC FORM With respect to coverage> provided by this endorsement, they provisions of the Coverage Form apply unless modified by the endorsement, SECTION IV - BUSINESS AUTO CONDITIONS, A, Loss Corldlttons, S. Transfer Of Rights Of Recovery Against Others To Us Is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such wsalvor because of payments we make for damages under this Covers s Form. Numbga: _ TUu2.U9912,4� OA 0002 00 00 Inohldeu aopyrfghtod rnutorlsi or rnourtnaaao Servlosa (Ares, Ira,, with b permisaton, Pjo 1 or 1" POLICY NUMBER: BNUWC0147373 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (Blanket) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.020000 % of the California workers' compensation premium otherwise due on such remuneration. State CA Schedule Description Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: Policy Number: BNUWC0147373 Endorsement No.: Insured Name: 24 Hour Elevator, Inc Countersigned 3y Insurance Company: Midwest Employers Casualty Company -DI9-.66 CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Date: v 1 1 From (Dept.): is v" Submitted by (First Initial, Last Name): Vendor: . 01\a'rew 4 floor -EI .P.vevid 1 Resolution: YES / NO 0 2 3 4 Originals Provided to City Clerk (circle quantity) 7 Department has copy Vendor has copy ..H/'�RAlt Il ,NO 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 24 HOUR ELEVATOR City -Wide Elevator Maintenance, Service, Repairs and Inspections Charlotte Andrew (Engineering/Public Works) forwarded a duplicate original Agreement to 24 Hour Elevator.