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HomeMy WebLinkAbout2020 CON Tinosa Incorporated - Compressor ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TINOSA INCORPORATED THIS AGREEMENT is entered into this first day of December, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TINOSA INCORPORATED, a California 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 services as outlined in attached proposal, Exhibit "A", for breathing air system compressor services tc include the changing and replacement of compressor oil filters, cartridges, and belts. CONTRACTOR shall also take quarterly air samples and post results. Breathing apparatus cylinders shall be hydrostatically tested per Department of Transportation specifications. 2. Length of Agreement. The schedule is set forth below: a) The duration of this Agreement is from December lst 2020 through November 30th, 2021 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual cost of $3,826.25. 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. ❑ 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 any auto and scheduled autos 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 $1,000,000 per occurrence and $2,000,000 aggregate, 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. Ifs 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 c/o 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 Standard Short Form Agreement Page 2 of 7 City of National City and Revised May 2019 Tinosa Incorporated by this Section 7 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. 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 N tional 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. 0 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 Standard Short Form Agreement Page 3 of 7 City of National City and Revised May 2019 Tinosa Incorporated 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 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. 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 tb 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. 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. 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, 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 Standard Short Form Agreement Page 4 of 7 City of National City and Revised May 2019 Tinosa Incorporated 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. 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. 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 Standard Short Form Agreement Page 5 of 7 City of National City and Revised May 2019 Tinosa Incorporated shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM:, Angil P. Morris Jones City Attorney By: Nicole Pedone ' Senior Assistant City Attorney TINOSA INCORPORATED (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: t� , �/14.: yi f101- . /((X (Prim (Title) CFO (Title) Standard Short Form Agreement Page 6 of 7 City of National City and Revised May 2019 Tinosa Incorporated CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-3550 Fax: (619) 336-4662 Contact: Jeff Bogle Title: Fire Captain Dep.: Fire Department Email: jbogle@nationalcityca.gov Standard Short Form Agreement TINOSA INCORPORATED 6151 Progressive Ave, Ste. 300 San Diego. 92154 Phone: 619-690-6440 Fax: 619-690-7448 Contact: Tim Kiley Title: Vice President Email: Taxpayer I.D. No.: Page 7 of 7 City of National City and Revised May 2019 Tinosa Incorporated AC�RO® CERTIFICATE OF LIABILITY INSURANCE ‘......---/ . DATE(MM/DD/YYYY) 11/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Encircle Insurance Services, Inc. dba: ISU Insurance Services 2525 Camino Del Rio South, Suite 100 San Diego CA 92108 Agency Licit: 0B27816 CONTACT Olivia Rodriguez PHOE FAX (AJCNNo. Ext): (619) 937-4000 ac, No): (619) 937-4001 E-MAILDDRss olivia@isuencircle.com INSURER(S) AFFORDING COVERAGE NAIC #- INSURER A: BURLINGTON INSURANCE COMPANY 23620 INSURED TINOSA, INC. 6151 PROGRESSIVE DR # 300 SAN DIEGO CA 92154 INSURER B: INFINITY SELECT INSURANCE GROUP 22268 INSURER C: OAK RIVER INSURANCE COMPANY 34630 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2941 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRD SUBR WVD ) POLICY NUMBER POLICY EFF DATE (MMIDDIYY) POLICY EXP DATE MOONY) ) LIMITS A X COMMERCIAL GENERAL LIABILITY X ) 905BW49131 12/31/19 12/31/20 EACH OCCURRENCE 1000000 DAMAGE TO RENTED PREMISES (Ea occurence) $ 100000 CLAIMS MADE X OCCUR . MED EXP (Any one person) $ 1000 PERSONAL 8, ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GLEN L AGGREGATE LIMIT APPLIES PER: POLICY PRO- ❑ LOC JECT OTHER: PRODUCTS-COMP/OP AGG $ 2000000 $ B AUTOMOBILE X. _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X _ — SCHEDULED AUTOS NON -OWNED AUTOS ONLY X 11172020 11/18/20 • 11/18/21 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $- BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ _ UMBRELLA LIA EXCESS LIAB . OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDI 'RETENTION $ $ C WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE. YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X TIWC018880 11/08120 11108121 X I STATUTE I I ERH E.L. E.L.ACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is rewired) THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY ONLY AS THEIR INTERESTS MAY APPEAR. WAIVER OF SUBROGATION APPLIES TO THE WORKERS' COMPENSATION. *30 DAY NOTICE OF CANCELLATION (*10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM) CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r Paul M. CaccamiseLic # 067960 ACORD 25 (2016/03) Certificate # 29413 © 1988-2015 ACORD CORPORATION. All right reserved. The ACORD name and Togo are registered marks of ACORD POLICY NUMBER 905BW49131 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 Where specified by fully executed written contract. CITY OF NATIONAL CITY Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — WhoIs 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 or agreement to provide for such additional insured. CG 2010 0413 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. All work, Including materials, parts or equipment fumished 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 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 Page 1 of 2 Named Insured: TINOSA, INC. Policy Number: 504-61014-77,.11-001 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (1) Paragraph A.1. — WHO IS AN INSURED — of Section II — Liability poverage is amended to add: d. When you have agreed,1 in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person , or organizationis liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured .with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be 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 be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (3) (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. Additional Insureds Other Insurance If we cover a claim or "suit". under this Coverage Part 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 indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss 'If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. — Duties In The Event Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement: This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description All CA Operations Waiver Premium (prior to adjustments) 350.00 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: 11/08/2020 Policy No.: TIWC122408 Endorsement No.: Insured: ' Premium $ Insurance Company: Oak River Insurance Company Countersigned by WC990410C (Ed. 01-19) BAUER COMPRESSORS 11111 Quality. Our DNA October 20, 2020 To: Whom It May Concern Ref: Bauer Compressors, Inc. Sales and Service Authorization To Whom It May Concern, Please accept this letter as confirmation that Tinosa LLC is a factory authorized Bauer Compressors, Inc. sales and service distributor, Bauer has appointed Tinosa LLC to have responsibility for an Area of Primary Responsibility, which includes your area. We have had a long standing relationship with Tinosa LLC and find them to be a highly focused and customer driven organization. They have the capability of providing sales and service support on all breathing air products manufactured by Bauer Compressors Inc. In addition, Tinosa LLC has an inventory of most service spare parts. Listed is their respective contact information: Tinosa LLC 6151 Progressive Ave. San Diego, CA 92154 Att: Tim Kiley Tel: 619-690-7440 This appointment is valid until October 20, 2021 or until advised in writing, whichever comes first. Please feel free to contact me if I can provide any additional information or answer any questions for you. Sincerely, Bau �'� ompret^ , Inc. Vice President of Sales, Breathing Air Products BAUER COMPRESSORS Inc. 1328 Azatea Garden Road Norfolk, VA 23502 1 U.S.A. 1 A member of BAUER GROUP TINOSA 6151 Progressive Ave.,`Ste, 300 San'Diego, CA 92154 (619) 690-7440, FAX (619) 690-7488, www.tinosainc.com A State of California Small Business. October 20, 2020 National City Fire Department Attn: Jeff Bogle } Quote No. T20864 You requested a quote for the following Breathing Air System Services (Labor Rate = $ 150.00/hr): Compressor Maintenance 1. Change Compressor Oil and Filter 2. Replace Compressor Intake Filter 3. Check Compressor V-belt 4. Replace Compressor Purification Cartridges 5. Check Compressor for leaks / Operational Test Material $ 300.00 Sales Tax 8.75% $26.25 Labor — (2) Hrs $ 300.00 Breathing Apparatus Testing 1. Hydrostatically Test (DOT) (78) BA Cylinders x $ 25.00 ea $ 1,950.00 Municipality Breathing Air Program —National City (P/N MBAP-NC) 1. Quarterly Air Samples with 3" Party Analysis 2. Posting of Sampling Results and all Required NFPA Signage 3. Hard and Electronic copies of all Testing Results and Maintenance Performed provided to the Department 4. 3rd Party Record Keeping for (5) Years (TINOSA) MBAP-NC Program by TINOSA Qty. (1) x $ 1,250.00 Quote Total If you have any questions please call. Sincerely, Vanessa Davis . General Manager $ 1,250.00 $ 3,826.25