LA #4817-5401-4326 v1 - 1 - CC Agreement No. 2025-157 Form approved by City Attorney 10/4/2018
AGREEMENT FOR ELEVATOR MAINTENANCE AT THE
CAMARILLO POLICE DEPARTMENT
This Agreement (“Agreement”), effective as of November 1, 2025 , (“Effective Date”) , is between Republic Elevator a dba of Schindler Elevator Corporation (“Contractor”), and the City of Camarillo, a California municipal corporation and general law city (“City”), collectively referred to as the “Parties.” City and Contractor agree as follows:
1. Scope and Performance of Work:
Contractor represents and warrants that it has the qualifications, experience, equipment and facilities necessary to properly perform the work (“Work”) described in the attached Exhibit A (Scope of Work).
Contractor agrees to perform the Work in a thorough, competent and professional manner consistent with generally accepted standards and practices utilized by persons engaged in providing work similar to those required of Contractor under this Agreement. Contractor will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary or proper to perform and complete the Work required of Contractor under this Agreement.
Contractor must obtain City’s prior written approval before utilizing any subcontractors to perform any Work under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation and noted on the attached List of Subcontractors.
Contractor will not be compensated for any Work rendered in connection with this Agreement that is in addition to or outside of the Work set forth in Exhibit A, unless such additional Work is authorized in advance and in writing by City.
City may request changes to the Work, consisting of additions, deletions, or other revisions, and the compensation to be paid Contractor will be adjusted accordingly. All such changes must be authorized in writing, and executed by Contractor and City. The cost or credit to City resulting from changes in the Work will be determined by the written agreement between the Parties.
In performing the Work under this Agreement, Contractor is an independent contractor and has control over the manner in which the Work is performed provided that it is consistent with this Agreement. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
2. Term and Termination of Agreement:
(a) The term of this Contract will be for a 12-month period commencing on the Effective Date, November 1, 2025 and terminating October 31, 2026. This agreement may be extended for completion of the project, based on the mutual agreement of the Parties. (b) City may terminate this Contract, with or without cause, at any time upon 90 day’s prior written notice of termination to Contractor.
(c) Contractor may terminate this Contract at any time upon 90 days' prior written notice of termination to City.
LA #4817-5401-4326 v1 - 2 - CC Agreement No. 2025-157 Form approved by City Attorney 10/4/2018
(d) Upon termination of this Contract by either Contractor or City, all property belonging exclusively to City which is in Contractor's possession must be returned to City. Contractor must promptly deliver to City a final invoice for all outstanding services performed and expenses incurred by Contractor as of the date of termination. Compensation for Work in progress not based on an hourly rate will be prorated based on the percentage of Work completed as of the date of termination.
(e) Contractor acknowledges City’s rights to terminate this Contract as provided in this section, and hereby waives any and all claims for damages that might otherwise arise from City’s termination of this Contract.
3. Payment for Work:
City’s payments to Contractor for the Work during the Term is $67,201, plus an authorized contingency in the amount of $1 0,000, (to be utilized only with prior written approval by City ), for a total not to exceed amount of $77,201.
Contractor must furnish City with an invoice for all Work performed not more than once per month for the prior month’s Work. Except as to any charges for Work performed or expenses incurred by Contractor that are disputed by City, City will cause Contractor to be paid within 30 days of receipt of Contractor’s invoice.
Any payment to Contractor for Work performed under this Agreement will not be deemed to waive any defects in the Work performed by Contractor.
4. Labor Code and Prevailing Wage Requirements:
Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day’s work per Labor Code section 1810.
Contractor will forfeit the statutory penalty to City for each worker employed in the execution of this Agreement by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City’s Administrative Services Department and available to Contractor and any other interested party upon request.
Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Agreement by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference
LA #4817-5401-4326 v1 - 3 - CC Agreement No. 2025-157 Form approved by City Attorney 10/4/2018
between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Agreement prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires th at contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
Contractor has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at:
http://www.dir.ca.gov/dlse/cmu/cmu.html.
Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors which are at that time registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5. Contractor must obtain proof of such registration from all such subcontractors.”
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).
5. General Legal Compliance:
In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City.
Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.
6. Indemnification:
Contractor agrees to indemnify, defend, protect and hold harmless City from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, or agents committed in performing any Work under this Agreement. For the purposes of this section, “City” includes City’s officers, officials, employees, agents and volunteers.
LA #4817-5401-4326 v1 - 4 - CC Agreement No. 2025-157 Form approved by City Attorney 10/4/2018
The provisions of this section do not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions. The provisions of this section will survive the expiration or earlier termination of this Agreement.
7. Insurance:
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit B (“Insurance”), which is made part of this Agreement.
8. General Provisions:
There are no understandings or agreements between Contractor and City other than those set forth in this Agreement. This Agreement may not be modified or amended except by written agreement of the Parties. Contractor may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of City . This Agreement is binding upon the successors and permitted assigns of the Parties. This Agreement will be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts will be in the County of Ventura and venue in federal court will be in the Central District of California, in Los Angeles.
The Parties have caused this Agreement to be executed by their undersigned authorized agents as follows:
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Carrie Weal, City Clerk
REPUBLIC ELEVATOR A DBA OF SCHINDLER ELEVATOR CORPORATION
Troy Ferro, Branch Manager [email protected]
Erica Peterlin, Sales Representative [email protected]
005893 12/31/2025
Camarillo Business Tax Certificate Number Expiration Date
LA #4817-5401-4326 v1 A-1 CC Agreement No. 2025-157
EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
INSURANCE
1. R
equired Insurance. Before commencing any services, Contractor must procure a nd m
aintain in full force and effect during the term of this Agreement the following types of insurance with at least the minimum coverage listed and subject to the applicable additional requirements set forth below:
Type of Insurance Limits
Commercial General Liability $5,000,000 / $10,000,000 (occurrence/aggregate) Business Automobile Liability $1,000,000 combined single Workers’ Compensation Statutory Requirements
2. Insurance Rating. All insurance required to be maintained by Contractor must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A - or better and Financial Size Category Class VII or better by the latest edition of A.M. Best’s Key Rating Guide, unless otherwise approved by City/District’s legal counsel.
3. Commercial General Liability Insurance. The commercial general liability insurance must meet or exceed the requirements of Insurance Services Office (ISO) form CG 00 01, and must be provided on a per occurrence basis for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. The insurance must be on an “occurrence” not a “claims made” basis. Defense costs must be paid in addition to limits. There must be no cross -liability exclusion for claims or suits by one insured against another. The insurance must include a waiver of subrogation applicable to the insurance or self-insurance, a primary and non- contributory endorsement, and an additional insur ed
endor
sement, all in favor of the City of Camarillo, its officers, employees and agents, a nd v
olunteers; blanket endorsements are acceptable. Any endorsement restricting standard ISO “insured contract” language will not be accepted..
4. Business Automobile Insurance. The business automobile insurance coverage must be at least as broad as ISO Business Auto Coverage form CA 00 01, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount stated above per combined single limit for each accident. Such insurance must include a waiver of subrogation applicable to the insurance or self-insurance, and a primary and non -contributory endorsement, and an additional insured endorsement, all in favor of the City of Camarillo, its officers, employees and agents, and volunteers; blanket endorsements are acceptable.
5. Workers’ Compensation. If Contractor has any employees, Contractor must maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (wit h
l
imits of at least $1,000,000). Such insurance must include a waiver of subrogati on endor
sement in favor of the City of Camarillo, its officers, employees, agents, and volunteers; a blanket endorsement is acceptable.
6. Umbrella or Excess Liability Insurance. If an excess or umbrella liability policy is used to meet minimum limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella or excess liability policy must include a “drop- down provision” requiring the policy to respond i n
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the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. Coverage must be provided on a “pay -on- behalf” basis, with defense costs payable in addition to policy limits. There may be no cross- liability exclusion precluding coverage for claims or suits by one insured against another. The policy must “follow form” to the underlying primary policy. Coverage must be applicable to all insureds under the primary policies. The insurance must contain or be endorsed to contain a waiver of subrogation applicable to the insurance or self -insurance, and a primary and non - contributory endorsement for the benefit of City/District. The scope of coverage provided is subject to approval of City/District following receipt of the required proof of insurance.
7. Contractor’s Limitations and Endorsements. The Contractor’s insurance policies must not include any endorsements or provisions that limit coverage for the following risks: explosion, collapse, or underground hazards (XCU); products and completed operations; pollution liability; and contractual liability. These c overages must be specifically included without any exclusions, modifications, or restrictions that would limit the scope of protection otherwise afforded by the basic policies. Any endorsement or ex clusion that reduces or eliminates coverage for the above-listed risks is unacceptable.
8. Deductibles and Self -Insured Retention . Any deductibles or self -insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by City/District. In no event may any required insurance policy have a deductible, self-insured retention or other similar policy provision in excess of $50,000 without prior written approval by City/District in its sole discretion. At the option of City/District, either the insurer will reduce or eliminate such deductibles or self -insured retentions with respect to the City/District’s additional insureds or Contractor will procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
9. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Policies. Prior to commencing any services under this Agreement, Contractor must file with the City/District certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or certified copies of policies as may reasonably be required by City/District. These certificates of insurance and endorsements must be in a form approved by the City/District’s legal counsel.
Contractor must maintain current certificates and endorsements on file with City/District during the term of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination or cancellation of the required coverage, will be effective except upon 30 days’ prior written notice to City/District by certified mail, return receipt requested (except for nonpayment for which a 10-day notice is required). The delivery to City/District of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City/District’s right to require compliance. In the event that Contractor’s policies are materially changed, Contractor must provide the City/District with at least 30 days’ prior written notice of the applicable changes. City/District reserves the right to require complete, certified copies of all required insurance policies at any time.
10. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City/District may, but is not obligated to, obtain such coverage at Contractor ’s expense and deduct the cost from the sums due Contractor. Alternatively, City/District may terminate the Agreement.
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11. Effect of Coverage. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Agreement.
Contractor acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Contractor or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insuranc e coverage in all sections of this Agreement. Any insurance proceeds available to City/District in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City/District to compensate it for such losses.
12. Required Insurance for Subcontractors. Contractor agrees to ensure that any subcontractors providing services under this Agreement provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to review and monitor all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
13. Right to Revise Insurance Specifications . City/District reserves the right to change the amounts and types of insurance required by giving Contractor at least 90 days advance written notice of such change. If such change results in substantial additional cost to Contractor, the parties may renegotiate Contractor’s compensation.
14. Timely Notice of Claims. Contractor must give City/District prompt notice of claims made of lawsuits initiated that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies.
LA #4817-5401-4326 v1 CC Agreement No. 2025-157
VERIFICATION OF CALIFORNIA CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following , and was so licensed at the time that the bid was awarded:
California Contractor’s License:
375733 C-11 6/30/2025 License Number Class Expiration Date
Republic Elevator a dba of Schindler Elevator Corp.
Date Troy Ferro
(Public Contract Code § 6100)
10 / 06 / 2025
LA #4817-5401-4326 v1 CC Agreement No. 2025-157
CERTIFICATE REGARDING WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Republic Elevator a dba of Schindler Elevator Corp.
Date Troy Ferro
10 / 06 / 2025
LA #4817-5401-4326 v1 CC Agreement No. 2025-157
CERTIFICATE REGARDING DEPARTMENT OF INDUSTRIAL
RELATIONS CONTRACTOR REGISTRATION
I certify, under penalty of perjury, that Contractor is registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractor’s Department of Industrial Relations registration number is 1000012845.
Republic Elevator a dba of Schindler Elevator Corp.
Date Troy Ferro
(Labor Code section 1725.5)
10 / 06 / 2025
LA #4817-5401-4326 v1 CC Agreement No. 2025-157
LIST OF SUBCONTRACTORS
WORK IDENTIFICATION: Camarillo Police Department : 3701 Las Posas Rd. Camarillo, CA 93010
NAME AND ADDRESS OF BIDDER: Republic Elevator a dba of Schindler Elevator Corp.
Name/Address/Phone No./State
License Number of
Subcontractor/City of Camarillo
Business License Number
Department of
Industrial Relations
Registration Number*
Items of Work
Portion of Work
(% of Contract Price)
None
% of Total Contract
Price by Subcontract 0
% of Total Contract
Price by Contractor 100
*Pursuant to Division 2, Part 7, Chapter 1, (commencing with section 1720 including section 1725.5) of the Labor Code