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HomeMy WebLinkAbout2020 CON DCS Testing & Equipment, Inc.- Hose and Ladder Testing ServicesC tali-/6 SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DCS TESTING & EQUIPMENT, INC. THIS AGREEMENT is entered into this 18th day of May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DCS TESTING & EQUIPMENT, INC., a Corporation (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide hose and ladder testing per National Fire Protection Association ("NFPA") standards as directed by Mark Beveridge, the City's Battalion Chief. 2. Length of Agreement. The duration of this agreement is for the period of May 18, 2020 through May 18, 2023. If agreeable by both parties at the time of expiration, the agreement may be renewed for three (3) additional one year periods, but may not exceed $5,000.00 in any given one year period. The renewal agreement must be in writing and updated proof of insurance must be submitted. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. I 1 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 $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 CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City do Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. 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. I. Insurance shall be written with only insurers authorized to conduct business in California which 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. J. 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 7 in full force and effect at all times during the term of this Agreement, the CITY may Revised 2019 Page 2 of 6 City of National City and DCS Testing & Equipment, Inc. treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. 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 requirements of this Section 7, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L. 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. 8. 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. 9. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 9.1 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 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 9. This Section 9 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and completecompensation 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, Revised 2019 Page 3 of 6 City of National City and DCS Testing & Equipment, Inc. 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. 9.3 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. 10. Acceptability of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Prevailine 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. 13. 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, shallconstitute 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 will 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. Revised 2019 Page 4 of 6 City ofNational City and DCS Testing & Equipment, Inc. 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. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. 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 Subconsultants. 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 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 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. Revised 2019 Page 5 of 6 City ofNational City and DCS Testing & Equipment, Inc. 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) 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. EN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY By: Bralston, City Manager APPROVED AS TO FORM: By: gil Citi'torney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4551 Fax: (619) 336-4562 Contact: Frank Parra Title: Chief of Emergency Services Dep.: Fire Department Email: fparra@nationalcityca.gov Revised 2019 DCS TESTING & EQUIPMENT, INC. (Corporation — signatures of two corporate officers required) (Name) By: (Name) (Print) (Title) DCS TESTING & EQUIPMENT, INC. 463 West 159th St. 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 Page 6 of 6 City of National City and DCS Testing & Equipment, Inc. FROM PRICE QUOTE DC5 Testing & Equipment, Inc Fire Protection Specialists 463/ W !. V h Jt, Lawndale, C.'A YU26U " 3 I U-64Z-3U04 °trice ° .i I U-541-/ Id3 tax Contractors License No. 743931 TO Joe Swindon NATIONAL CITY FD Date 5/13/2020 760-382-7708 Quotation # NCFD-051320 Jswindon.dcs aggmail.com Quote valid until: 12/31/2022 Comments or Special Instructions; ,P.O. NUMBER JOB TERMS, 2020-2022 Hose & Ladder Testing NET 10 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 13,350 410 Fire Hose Testing (per foot) Ground Ladder Testing (per foot) Required labeling for ladders - as needed (included) *Groun:1.1'10er pricing is valid oily when ladders are tested .27 2.00 0.00 3,604.50 820.00 In conj ction with the delztfire hose **DCS has a 10,000' minimum charge for all hose testing SUBTOTAL OTHER TOTAL $ 4,424.50 - $ 4,424,50 If you have any questions concerning this quotation you may contact me at anytime. THANK YOU FOR YOUR BUSINESS} ---4 ", DCSTEST-01 .qcc--'' CERTIFICATE OF LIABILITY INSURANCE �~""r RFERNANDE DAT/13/2DNYYY) 6/13/2020 THIS CERTIFICATE 18 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 tho certificate holder Is an ADDITIONAL INSURED, the polley(les) must havo ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain policlos may require an endorsement. A statement on this certificate doos not confer rights to tho certificate holder In lieu of such enclorsement(s). PRODUCER Llcenso # 0110693 Vista Intornat)onal Ins. 1318 Redwood Way, Suite 260 Petaluma, CA 94954 MRaACT Laura Lincoln PHONE ''••qq% (AA No, Est): {A1C, No); inka,, Illncoln@vistalnternatIonal.com INSURER(SI AFFORDING COVERAGE NAIC U INSURER AI Evert st tndernnity Ins, Co, 10061 INSURED DCS Testing & Equipment Inc. 4037 W. 159th Street Lawndale, CA 90260 INSURER n:Evorost National Ins. Co,_ 10120 c; _Islam INSURER D 1 INSURER B i INSURER P ; CERTIFICATE NUMBER: ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PDLICY 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 FOLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. TIN 1 TYPE OP INSURANCE WSO SUM POLICY NUMBER POUCy BPP (MM1DJ)�yy,TY) POLICY BXp 1MMIDDIYYYYJ LIMITS A X COMMERCIAL GENERAL LIABILITY X X 61GL014652191 9126/2019 9/26/2020 EACH OCCURRENCE I 1,000,000 DAMA� ET �Eolgt PREMI91:3gEdoccurtence}� I 100,000 CLAMS -MADE X OCCUR MEO EXP (Any one oersonl I 6,000 X E&O & POIIUtIOn PERSONAL&ADVINJURY $ 1,000,000 GENERAL. AGGREGATE $ 2,000,000 GEN'LAGGR X poucY�j OTHER: LIMIT TAP 11SLOC PRODUCTS - COMP/OP A0G $ 2,000,000 POLLUTION LIAB$ 1,000,000 A AUTOMOBILE X — — LIABILITY ANY AUTO AIUTEEO��SONLY AURT03 ONLY _ SCHEDULED AUpTpp ALIT R`'4"NI.Y X X 51 CAD00534191 9/26/2019 9/28/2020 COM0IINEO.SINGLE LIMIT (�F llde��UU I 1,000,000 BODILY INJURY (Per person) $ I BBpODILYINJURY(Peraccident { or qc Ic t4AMAGE $ I . A UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS MADE 5100005351191 8126l2019 9/26/2020 EACH OCCURRENCE 5,000,000 ACiGRE( ATE _I— 5,000,000 $ I_ IX DED , RETENTION $ B WonKER8 COMPENSATION AND EMPLOYERS' LIABILITY hNYPRRO �Mmg o�iv NPPRIETOR/PARTNER/EXECUTIVE HJ EXCLUDED? If yee,desoribeundar DESCRIPTIQN OFQPpRATIONS below N N (A X 6300004669191 8/2612019 9/2812020 p p X I STATUTE TF$ E.L,EACHACCIDENT I 1,000,000 E.L. DISEASE -EA EMPLO`f,E3 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OP OPERATIONS LOCATIONS! VEHICLES IA CORD 1e1, Additions' Remarks Schedule, may be rdtsched If ore space le regil od) The City of National City, its electod officials, off cers, agonts and omployoos aro Includedmore as Additional Insured as respects all operations of tho Named Inusrod. Waiver of Subrogation applies. 10 day notice of cancellation for nonpayment of promlum will be provided. City of NatlOnal CIE Y Attn: Fire Department 1243 National Clty Blvd National Clty, CA 91960 SHOULD ANY OF THE ABOVE DESCRIBED POLUC(ES BE CANCELLED BEFORE THE EXPIRAT)ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE() REPRESENTATIVE ACORD 25 (2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD Policy Number; 51GL014652191 COMMERCIAL, GENERAL LIABILITY ECG206120415 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU - INCLUDING COMPLETED OPERATIONS (FOR USE WITH FIRE SUPPRESSION SPRINKLER CONTRACTORS AND/OR ALARM CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section iI — Who is An insured Is amended to include as an additional Insured any person or organization for whom you are performing opera- tions, but only when you and such person or or- ganization have agreed In writing In a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional Insured on your policy, Such person or organization Is an additional In- sured only with respect to liability for "bodily inju- ry", "property damage" or "personal and advertis- ing Injury" but only to the extent caused, In whole or In part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; 1n the performance of "your work" for an addl- tional Insured, B. The Insurance afforded to an additional insured shall only Include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional Insured shall be the lesser of the following: 1. The Limits of insurance required by the written agreement between the parties; or 2, The Limits of Insurance provided by this Coverage Part. ECG 20 6120415 D. With respect to the Insurance afforded to an additional Insured, the following additional exclu- sions apply: This Insurance does not apply to: 1. "Bodily Injury", "property damage" or "per- sonal and advertising injury" arising out of any act or omission of an additional Insured or any of Its employees. 2. 'Bodily Injury", "property damage" or "per- sonal and advertising Injury" arising out of any construction projects that are covered by a consolidated (wrap-up) Insurance pro- gram. This exclusion also applies to any: (a) (b) Materials, parts or equipment fur- nished; In connection with such wrap-up construc- tion projects. This exclusion applies whether or not the con- solidated (wrap-up) Insurance program: (I) Provides coverage identical to that pro- vided by this endorsement; (II) Has adequate limits of Insurance to pay for all sums as damages because of "bodily Injury", "property damage" or medical expenses; or (III) Remains In effect during the entire period of the construction project. Work or operations performed; or Copyright, Everest Reinsurance Company 2016 Includes copyrighted material of Insurance Services Office, Inc., used with Its permission. Page 1 of 1 Policy Number: 51GL014552191 COMMERCIAL GENERAL LIABILITY ECG 24 522 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Tills endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITYY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the `occurrence". This waiver applies only to the person or organization shown In the Schedule above, ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 00 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA 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 % of tho California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHO THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. INSUmn COPY Policy Number: 51GL014652191 COMMERCIAL GENERAL, LIABILITY ECG 24 520 08 05 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Is replaced by the following: a. Primary Insurance This insurance Is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other Insurance Is also primary. Then, we will share with all that other Insurance by the method de- scribed in o. below, except that we will not sock contribution from any party with whom you have agreed in a written contract or agreement that this Insurance will be primary and noncontribu- tory, If the written contract or agreement was made prior to the subject "occurrence" or of- fense. b. Excess insurance Thls Insurance Is excess over; (1) Any of the other Insurance, whether prima- ry, excess, contingent or on any other basis: (a) That Is Fire, Extended Coverage, Build- er's Risk, Installation Risk or similar coverage for "your work"; (b) That Is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That Is Insurance purchased by you to cover your (lability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If tho loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1 — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary Insurance available to you covering (lability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addition- al Insured by attachment of an endorse- ment. When this Insurance is excess, we will have no duty under Coverages A or B to defend the In- sured against any "suit" If any other insurer has a duty to defend the Insured against that "sult". If no other Insurer defends, we will undertake to do so, but we will bo entitled to the insured's rights against all those other insurers. When this Insurance is exoess over other In- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss In the absence of this Insurance; and (2) The total of all deductible and self -Insured amounts under all that other Insurance. Wo will share the remaining loss, if any, with any other insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under thls approach each Insurer contrib- utes equal amounts until it has paid Its applica- ble limit of Insurance or none of the loss remains, whiohever comes first. ECG 24 520 00 05 Includes copyrighted material of insurance Services Office, Inc., Page 1 of 2 0 with Its permission. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this meth- od, each Insurer's share is based on the ratio of Its applicable limit of Insurance to the total applicable limits of insurance of all Insurers. ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 0 Used with Its permission. CONTRACT TRANSMITTAL FORM (Attach as Cover Sheet to Documents dropped off to City Clerk's Office) Date: 06/18/20 From (Dept.): Fire Submitted by (First & Last Name): Judy Wilkins Vendor: DCS Testing & Equipment, Inc. Resolution: YES / NO Resolution No. (if applicable): 1 2 3 4 Originals Provided to City Clerk (Select Quantity) .000 0 17 1 Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original Mike Dalla From: Judy Wilkins Sent: Thursday, June 18, 2020 2:22 PM To: Cheryl Newell; Mike Dalla Cc: Frank Parra Subject: Agreement: DCS Testing & Equipment, Inc. Attachments: copier@nationalcityca.gov_20200618_141054.pdf Cheryl, Attached is a copy of the Contract Transmittal Form and a copy of the signed agreement with DCS Testing. I forwarded the original documents to your mailbox today and I mailed an original signed agreement to the vendor today. If you have any questions please let me know. Thank you. Judy Wilkins, Administrative Secretary National City Fire Department Administration Office 1243 National City Blvd. National City, CA 91950 (619) 336-4553 (Office and Voicemail) (619) 336-4562 (Fax) jwilkins@nationalcityca.gov Monday —Thursday: 7:00 a.m to 6:00 p.m. Fridays: Closed 1