DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 EXHIBIT 1
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT ("Agreement") is entered into this 1st day of November 2022 ("Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation ("the City"), and ALL WIRE CONNEX, a (California proprietor/individual), whose address is 434 McCovey Lane, San Jose CA 95127 ("Provider"), in reference to the following facts and circumstances:
RECITALS
The City is a municipal corporation duly organized and validly existing under the laws of the State of Calitornia with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: wiring, cabling and maintenance services for all City Facilities. Provider was selected based on a comparison of services provided by two other vendors and the service provided by All Wire Connex was superior.
Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. The City and Provider desire to enter into an agreement for cabling and maintenance services, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence retroactively on the 1" day of September, 2022, and shall terminate on the 31st day of August, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks: included therein.
3. COMPENSATION TO PROVIDER:
By the 7" day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A.
All Wire Conner - Maintenance 1 Version 10-26-22
Docusign Envelope IU: AUE4EU/4-U2A8-4U4U-5595-BA08UAE49FA1 DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 b. Compensation for this contract shall not exceed $25,000 per year, for a total two- year compensation not to exceed $50,000.
FY 22-23 total compensation shall not exceed $25,000
FY 23-24 total compensation shall not exceed $25,000
Total two-year compensation shall not exceed $50,000
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider's services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from. any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City's policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, All Wire Connex - Maintenance 2 Version 10-26-22
DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
HOLD HARMLESS:
To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers ("Indemnitees") from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney's fees and costs of litigation ("Claims"), arising from or in any manner connected to Provider's performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnity Indemnitees if the loss or damage is found t have resulted solely from the negligence or the willful misconduct of the City. The defense anc indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider's obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
C. Provider's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City's Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (3). Such certificates, which do not limit Provider's indemnification, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Alameda. Attention: Risk Manager." Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best's rating of no less than A:VII or Standard & Poor's Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the All Wire Connex - Maintenance 3 Version 10-26-22
DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 Provider Initials
b.. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers' Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volünteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
C: SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire maybe nesty to at of his waver of flare loin, but is prove in applies regards or it that the City has received a waiver of subrogation endorsement from the insurer. The Workers' All Wire Connex - Maintenance 4 Version 10-26-22
DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider's name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers' compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Provider's policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s).
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider's insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form it the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt All Wire Connex - Maintenance Version 10-26-22
DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of workers' compensation insurance and shall also be required, to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider.
In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: "Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City." d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, dața or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may b eauired in connection with the performance of the services and tasks hereunde
15. REPORTS:
à. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee.
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DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 C. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider's performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the "Records").
All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
C. If supplemental examination or audit of the Records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S: postal service; or (iii) sent by overnight or same day courier service at the party's respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and box address by giving ty other party fire (3) days prior witten netice of the new dress. Either party may, at any time; change its notice address (other than to a post office d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
2263 Santa Clara Ave., Room 320
Alameda, CA 94501
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DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 ATTENTION: Administration
Ph: (510) 747-4715
All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
All Wire Connex
Gerardo Candelario
434 McCovey Lane
San Jose, CA 95127
ATTENTION: Owner
Ph: (408) 649-8068
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
IT
2263 Santa Clara Ave., Room 320
Alameda, CA 94501
ATTENTION: Jodi Owens/Executive Assistant
Ph: (510) 747-4715 / [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Provider's failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (i) name and address of Provider's employee(s) involved in the incident; (iii) name and address of Provider's liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by All Wire Connex - Maintenance 8 Version 10-26-22
DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Provider as provided herein.
Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS' FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney's fees and costs. No party or litigant shall be entitled to recover any attorneys' fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to impose, at the City's sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City's request, records to demonstrate Provider's compliance with this Section. [See Certification of Compliance attached.]
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
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24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
ALL WIRE CONNEX CITY OF ALAMEDA
a California șole proprietor/individual a municipal corporation •DocuSigned by: - Docusigned by:
Nancy Bronstein 11/1/2022
_9EDEBÜBAGZ58424
Gerardo Candelario Nancy Bronstein
Owner City Manager
RECOMMENDED FOR APPROVAL
IT Department
APPROVED AS TO FORM:
City Attorney
-DocuSigned by:
Mazarin Valuaria
_ACODZ3AB193401
Mazarin Vakharia
Special Counsel
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DocuSign Envelope ID: AUŁ4ŁD/4-CZA8-4C40-8595-BA68CAŁ49FA7 DocuSign Envelope ID: 56190801-8350-4B26-90AD-6D5A48C71101 Certification of Compliance
With the City of Alameda's Vaccination Requirement
The City of Alameda ("City") requires all individuals who perform work for the City to be fully accinated against COVID-19. All service providers and contractors for the City must sign th ollowing statement certifying compliance with this requiremen By signing below, I certify that all of our personnel who are performing work for the City are fully vaccinated against COVID-19. I also acknowledge that the City reserves the right to review any relevant records to demonstrate our compliance with this requirement.
I declare under penalty of perjury that the foregoing is true and correct. 10/31/2022
[Name of Entity] . ALL WIRE CONNEX Date:
•DocuSigned by:
By: [Name of Authorized Individual]Gerado Candelario
Its Title] owner?! *1*
' For the purposes of this Certification of Compliance, an individual is considered to be fully vaccinated if two weeks have passed since their second dose in a 2-dose series (such as the Pfizer or Moderna vaccines) or if two weeks have passed since receiving their single-dose vaccine (such as Johnson & Johnson's Janssen vaccine).
Exhibit A
All Wire Connex
3824 Savannah Ro
remont, CA 94538 US
+1:4086498068
[email protected]
www.awccabling.com
ALL WIRE CONNEX
Low Voltage Systems Experts
Scope of Work
City of Alameda
Cabling and Maintenance Work for All City Facilities
Low voltage cabling, installation, supplies, material and maintenance Work to include:
Network cable installations
Patch panel terminations
Data wall/floor port installations
Low-voltage installations
Wireless access point installations
Network extender installations
• Mounting and dismounting of equipment on the wall
Pricing is as follows:
Cabling Cato installation $ 85.00 hourly rate
Cat5 Plenum Ethernet Cable - Plenum Cat6 Cable 1000 ft $ 292.50 per unit Cabling materials - connectors, patch panels, cable managers, jacks, panduits, brackets, junction boxes, hardwares $ 500.00 per unit applicable tax
Total Billing not to exceed $50,000.00 from September 1, 2022 - August 31, 2024.
ACORD DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/27/2022
THIŞ CERTIFICATE IS ISSUED AS A MATTER OF INFORMAȚION 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
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), 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 endorsements).
C Sinfuge
StateFarm HONE
PAGNe: EXt: 510-780-9788 [FAX, No): 510-780-9702
25175 Santa Clara St, STE A ADDRESS: [email protected]
Hayward CA 94544 INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: State Farm Fire and Casualty Company 25143
INSURED INSURER B:
Gerardo Candelario dba All Wire Connex INSURER C :
3824 Savannah Rd INSURER D:
Fremont CA 94538 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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
TYPE OF INSURANCE POLICY NUMBER
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Fa occumence)
MED EXP (Any one person
Y I Y 97-ES-Y648-1 11/01/2022 11/01/2023 PERSONAL & ADV INJURY.
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
X ANY AUTO 491 5597-B24-05 08/24/2022 08/24/2023 BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE s. 1,000,000
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR [EACH OCCURRENCE es us us
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION $
WORKERS COMPENSATION TATUTE T OTH-
AND EMPLOYERS' LIABILITY ER
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/ A
Mandatory in NH E.L. DISEASE - EA EMPLOYEE S
f yes, describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additfonal Remarks Schedule, may be attached if more space is required) Additional Insured: The City of Alameda, its City Council, boards and commissions, officers & employees are additional insured for work done on their behalf by the named insured.
CERTIFICATE HOLDER CANCELLATION
THE EXPIRATION DATE THERE ONCE SEE EDELIVERED AN
ACCORDANCE WITH REPORT ROARINE NOTICE WILL BE DELIVERED IN City of Alameda Public Works Department
Alameda Point, Building 1 AUTHORIZED REPRESENTATIVE
950 West Mall Square, Room 110 Completed by an authorized State Farm representative. If signature Alameda, CA 94501-7558 is required, please contact a State Farm agent. © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022
AGENCY CUSTOMER ID: 05-0062
LOC #: 1
ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
Jeff Sinfuego State Farm Gerardo Candelario dba All Wire Connex POLICY NUMBER 3824 Savannah Rd
97-ES-Y648-1 & 491 5597-B24-05 Fremont CA 94538
CARRIER NAIC CODE
State Farm Fire and Casualty Company 25143 EFFECTIVE DATE: 10/31/2022
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
And named insured: The Cily of Alamed, is City Countl, boards and commissions, fiers & employees are aditional insured for work done on their behalf by •
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1004362 142991.2 07-26-2021
LB • Policy No. 97 EBD121 9 0062-FB2B MP-4/86.1
age 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 97 EBD121 9
Named Insured:
CANDELARIO,. GERARDO • DBA ALL
WIRE CONNEX
1582 FOUR OAKS CIR
SAN JOSE, CA 95131-2656:
Name And Address Of Additional Insured Person Or Organization:
CITY OF ALAMEDA
950 W MALL SQ
ALAMEDA, ÇA 94501-7552
1. SECTION II - WHO IS AN INSURED of b. If coverage provided to the additional in- SECTION II — LIABILITY is amended to in- sured is required by a contract or agree- clude, as an additional insured; any person or ment, the insurance provided to the organization shown in the Schedule, but only additional insured will not be broader than with respect to liability for "bodily injury", that which you are required by the contract "property damage", , or "personal and advertis-
ing injury" caused, in whole or in part, by: or agreement to provide for such addition- al insured; and
a. Ongoing Operations
If the contract or agreement between you
(1) Your acts or omissions; or and the additional insured is governed by (2) The acts or omissions of those acting California Civil Code Section 2782 or on your behalf; 2782.05, the insurance provided to the
additional insured is the lesser of that
in the performance of your ongoing opera- which:
tions for that additional insured; or
b. Products - Completed Operations (1) tense or identity abigation by Cal- 'Your work" performed for that additional fornia Civil Code 27820C for yOur sole liabily: 2732 or
insured and included in the "products-
completed operations hazard". 2) You are required by contract o However, Paragraph 1. above is subject to the agreement to provide for such addi following:
a. The insurance afforded to the additional Ve have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un ted by law; til a claim or "suit" is tendered to us.
CMP-4786.
age 2 of
2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the "occur- made or a "suit" brought for damages. for rence" or offense; which you are provided coverage. b. Tender the defense and indemnity of any
3. With respect to the insurance afforded to the claim or "suit" to us and to all other insur- additional insured, the following is added to ers who may have insurance potentially SECTION II - LIMITS OF INSURANCE: available to the additional insured; anc If coverage provided to the additional insured c. Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de- we will pay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under SECTION I| - a. Required by the contract or agreement; or LIABILITY. b. Available under the applicable Limits Of 5. With respect to the insurance afforded the ad- Insurance shown in the Declarations. ditional insured, the following replaces SEC- TION || —LIABILITY of Paragraph 7. Other
This endorsement shall not increase the ap- Insurance of SECTION I AND SECTION I| - plicable Limits Of Insurance shown in the COMMON POLICY CONDITIONS:
Declarations.
a. This insurance is primary to and will not
4. With respect to the insurance afforded to the seek contribution from any other insurance additional insured, the following is added to available to the additional insured, provided Paragraph 3. Duties In The Event Of Occur- that the additional insured is a named in- rence, Offense, Claim Or Suit of SECTION sured under such other insurance.
Il - GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- ance is excess over any other insurance
a. See to it that we are notified as soon as whether primary, excess, contingent or or practicable of an "occurrence" or an of- any other basis for which the additional in , tense which may result in a claim. To the sured has been added as an additional in- extent possible, notice should include: sured on other policies. (1) How, when and where the "occur-
There will be no refund of premium in the event
rence" or offense took place; this endorsement is cancelled. (2) The names and addresses of any in-
jured persons and witnesses; and All other policy provisions apply.
CMP-4786.1 1007033 148011 08-21-2014
©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Docusign envelope IU: AUE4ED/4-C2A8-4C4U-8595-BA68CAŁ49rA1|
REQUEST FOR LEGAL WORK
TO: _ City Atty •Asst City Atty: Cost Allocation Code 9 60626070 Risk Manager VOther: Mazarin Vakharia
Dept: IT
FROM: Name: Jodi Owens Dept Head Approval:
Phone: 4715
GOING TO
DATE: 10/26/22 Please complete by: asap COUNCIL/PUB ON n/a Give Legal Opinion Written Oral
•Review/Comment on DRAFT Agreement Staff Report other:
VApprove As To Form Agreement L Other:
BACKGROUND INFORMATION:
All Wire Connex Maintenance Agreement
I am requesting this Agreement be Approved As To Form. I understand that in order to be approved I must complete each of the following: / Signature Approval Form (If going to City Manager) V Outside Party Signature Dept Head Signature on Documents Two (2) Original Signed Copies V Certificate(s) of Insurance Additional Insured Endorsements) Certificate of Compliance Signed or Waiver ] Necessary Attachments/Exhibits •Bonds or Bonds to be provided later [No work until bonds approved by Risk] •Person from Department who has read and negotiated the contract and is responsible for knowing the contents.
Name: Jodi Owens Phone: 4715
V City's Standard Agreement Without Changes OR [ Agreement Modified Because:
Routing Request: If Approved, I would like you to forward these documents in this order (select # order):
City Manager City Clerk Back to me Jother:
RISK MANAGEMENT RESPONSE: _ Not Approved (See Comments) - Date/Initials:
LApproved - Date/Initials:
•Review Only - Date/Initials:
Comments:
CITY ATTORNEY RESPONSE:
AGREEMENTS: •Not Approved / Return to Dept - Date/Initials:
•Approved - Date/Initials:
• Reviewed - Date/Initials:
COMMENTS:
Rev 02/2022
DocuSign Envelope ID: A0E4ED74-C2A8-4C40-8595-BA68CAE49FA1 CMP-4786.1
2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shall only apply with respect to a claim or damage arising out of the "occur- made or a "suit" brought for damages for rence" or offense; which you are provided coverage. b. Tender the defense and indemnity of any
3. With respect to the insurance afforded to the claim or "suit" to us and to all other insur- additional insured, the following is added to ers who may have insurance potentially SECTION I| — LIMITS OF INSURANCE: available to the additional insured; and If coverage provided to the additional insured c. Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de- we will pay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under. SECTION I - LIABILITY.
a. Required by the contract or agreement; or
b. Available under the applicable Limits Of 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC-
Insurance shown in the Declarations. TION II —LIABILITY of Paragraph 7. Other This endorsement shall not increase the ap- Insurance of SECTION I AND SECTION I - plicable Limits Of Insurance shown in the COMMON POLICY CONDITIONS:
Declarations. a. This insurance is primary to and will not
4. With respect to the insurance afforded to the seek contribution from any other insurance additional insured, the following is added to available to the additional insured, provided Paragraph 3. Duties In The Event Of Occur- that the additional insured is a named in- sured under such other insurance.
rence, Offense, Claim Or Suit of SECTION
Il - GENERAL CONDITIONS: b. Regardless of any agreement between The additional insured must: you and the additional insured, this insur- ance is excess over any other insurance
a. See to it that we are notified as soon as whether primary, excess, contingent or on practicable of an "occurrence" or an of- any other basis for which the additional in- fense which may result in a claim. To the sured has been added as an additional in- extent possible, notice should include: sured on other policies. (1) How, when and where the "occur- There will be no refund of premium in the event rence" or offense took place; this endorsement is cancelled. (2) The names and addresses of any in-
jured persons and witnesses; and All other policy provisions apply.
CMP-4786.1 1007033 148011 08-21-2014
© Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission.