HomeMy WebLinkAbout2022 CON Herc Rentals Inc. - Generator EquipmentTi N CM
b �
LIBRARY & COMMUNITY SERVICES
SERVICE AGREEMENT
This Library & Community Services Service Agreement ("Agreement') is made and entered into by and between the
CITY NATIONAL CITY, a general law city and municipal corporation cum and HERC RENTALS I .
"CONTRACTOR" who agree as follows:
. Services to be Performed by .CONTRACTOR: The CONTRACTOR makes the following representations and agrees
to do the work described in accordance with the stated terms and conditions herein.
. Des.orlption of Services: QNTRACTOR_sha[!jrovde the following e•uipr ent 55kw diesel generator 50 foot
camlock, slider box and spider calleilvered n Saturn, December IAL2222C r ` :0 , ►1 f1 mid ickecl ,tty
jJ.00PM. CONTRACTOR understands that CITY stall. not be ressr2nsIble for items past 11:00 PM,
Date: Saturday, December 1_0, 2022 Start Time: : EI AEnd Time: 11:00 PM --
Looation: Kimbli.Park larking lot on A Avenue
Tern: The term of this Agreement shall commence on the 1 th day cf December, 2022, and shall terminate on the
I Om day of December, 20221 unless earlier terminated pursuant to Section 11.
, Com ens t : The following shall be the terms of payment to CONTRACTOR for services rendered:
Total Fee for Services Not to Exceed: $948.31 Payment Terms: CITY will make ra n entwith check on Saturday,.
Debt n rrl.rrr�rlte.
, Method of aym.ent: The compensation provided in Section 4 shall be paid In full upon completion of services
rendered, The compensation provided in Section 4 shall be paid by CITY in the amount of $948.31,
, Ind _venden CONTRACTOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent
or employee of the CITY, CONTRACTOR has and shall retain the right to exercise full control and supervision of all
persons assisting the CONTRACTOR in the performance of the services hereunder, the CITY only being concerned with
the finished results of the work being performed, As such, the CONTRACTOR and I TI T I 's employees are not
entitled to any of the rights, benefits, or privileges of a CITY employee including, but not limited to, overtime, medical or
Workers' compensation insurance, retirement benefits, or injury or other leave benefits, CONTRACTOR is solely
responsible for all such matters, as well as compliance with social security and income tax withholding and all other
regulations and laws governing such matters, CO TI CT 's employees providing services under this Agreement
t
shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit,
includingr, but not limited to, eligibility to enroll in California Public Employees Retirement System "PERS") as an
employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions ancifor employee
contributions for PERS benefits.
. Jndeninit: To the fullest extent available under the law, the CONTRACTOR agrees to defend (with counsel acceptable
to CITY), indemnify and hold harmless the CITY and its respective officers, officials, employees, , a entsand volunteers
g
(collectively "INDEMi ITEE ") against and from any and all ci lr s, demands, liabilities, losses, damages to property,
y
injuries to, cr death of any person or persons, and costs (including attorneys' fees and expert costs), of any kind or
nature whatsoever, resulting from or arising out of: this Agreement; (b) the CONTRACTOR'S performance or failure
to perform the services; o any act or omission of the CONTRACTOR or its employees, agents or subcontractors or
their violation of any law; or (d) alleged PERS eligibility of any person performing services on NTF A T F 's behalf
or any employer and employee contributions for PERS benefits on behalf of such persons as well as for payment of any
penalties and interest on such contributions. This section survives termination of this Agreement.
8. Insuran_q : CONTRACTOR shall obtain and maintain commercial General Liability "C L" Insurance, Commercial
Automobile Liabi I'rty Insurance (Any Auto), Worker's er's Compensation and Employer's Liability coverage,minimum of
$1,000,000 each occurrence, andEndorsement
, 00, 00 general aggregate; AND an Additional insured Endor ement naming the
IN DEM NITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR maintains
higher limits, INDEMNITEES shall be entitled to coverage for the higher limits maintairned by the CONTRACTOR. n
y
available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
May 2022
Title Vice Pre,;ent Approved by
Title
Date 11 /12022 / Phone ( ) 239-301-1344 Check:
Address 27500 Riverview Center Blvd
B niIa pri ng s, F1 u34134
Email I--ler"cbids ercrentals.com
Signature �..
May 2022
INDEMNITEE . CGL and auto liability policies shall be endorsed to provide that the policies are primary and non-
contributory to any insurance that may be carried by IN DEM N ITEES, which shall be submitted to the CITY. Any insurance
or self -Insurance maintained by I NDEMNITEES shall be excess of the CONTRACTOR's Insurance and shall not
contribute with it The CONTRACTOR shall provide an endorsement that the workers compensation insurer waives the
right of subrogation against INDENITEES.
9. Commencement of Services: CONTRACTOR shall not commence the performance of services under this Agreement
until the required insurance is approved by the City's Risk Manager.
10. Termination: This Agreement may be terminated by the CITY upon one (1) day's written notice,
11. Form W-9: CONTRACTOR shall provide the CITY a signed IRS Form - : Request for Taxpayer Identification
Number and Certification.
12. Chances: This Agreement shall not be assigned or transferred without the prior written consent of the CITY, No
changes or variations of any kind in the Agreement or the services to be performed are authorized without the prior
written consent of the CITY.
13. Compliance with Law: The CONTRACTOR represents and warrants that CONTRACTOR is familiar with the
requirements of all applicable federal, state and local laws and ordinances applicable to performing the services,
including, but not limited to, AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect
Reporting Act (Penal Code sections 11164 - 11174.), unemployment insurance benefits, FICA laws, and income
reports, and that it and each and every person performing any of the services on CONTRACTOR's behalf does and will,
at all times, comply with such requirements whether now in force or subsequently enacted.
14. Signing Authority: The representative signing on the CONTRACTOR's behalf hereby (a) declares that authority has
been obtained to sign on the CONTRACTOR's R's behalf; (b) agrees to hold iNr E 1l ITEES harmless if it is later determined
that such authority does not exist; (c) declares that such representative has read and understood this Agreement; and
(d) agrees on CONTRACTOR's behalf to be bound by the terms and conditions herein.
City of National City:
Contractor Name HERO RENTALS INC Prepared by Elyana Delgado_ Date f i 262-2
Representative Name Jason Oosterbeek Title Recreation Supervisor
Date ---
r444
nsurance submitted and approved