CITY OF RICHMOND
SHORT FORM CONTRACT
Department: LCS-Transportation Services Department Project Manager: Denée Evans Project Manager E-mail: [email protected] Project Manager Phone No: (510) 621-1718 PR No: 23412 Vendor No: 11671 P.O./Contract No: 5233
Description of Services:
City owned pay station cloud service subscription and warranty coverage renewals.
1. Parties. The parties to this Agreement are the City 6. Contractor's Obligations. of Richmond (herein referred to as the "City") and the
following named Contractor: To the satisfaction of the City's Project Manager, Contractor shall provide the
(Company) Global Parking Solutions USA LLC following services:
2 year contract- with 2 one year renewal option
(Street Address) 120 Vantis Dr, Ste. 300
to provide Cloud subscription service,
(City State, Zip Code) Aliso Viejo, CA 92656
extended warranty, back office system
(Contract Person) Michael Kavur, President
maintenance and support.
(E-mail) [email protected]
7. Supplemental Conditions. This
(Telephone) (267) 288-3766 Contract is subject to the Supplemental Conditions and Special Conditions (if
(Fax Number) applicable) attached hereto, which are
incorporated herein by this reference.
Richmond Business License No. 40060101
8. Insurance Provisions. This Contract is
Expiration Date: 5/5/2021 subject to the Insurance Provisions which are attached hereto and are incorporated
herein by this reference.
2. Term. The effective date of this Agreement 9. Signatures. These signatures attest the is May 25, 2020 parties' agreement hereto:
and it terminates May 25, 2022
unless sooner terminated as provided herein. CITY:
3. Payment Limit. City's total payment to Contractor CITY OF RICHMOND, CA under this Agreement shall not exceed ($10,000.00) a municipal corporation including expenses unless a contract amendment has
been approved by the City Council or City Manager. By:
4. City's Obligations. City shall pay the Contractor a City Manager or Designee Signature not to exceed amount of $ 8,700.00
as total payment for all services rendered. CONTRACTOR:
5. Location of Services. Contractor shall perform the By: Michael Kavur surna services set forth herein at the following location: Dote: 202005.191%a247-7usa.com, c-US Remotely and in person as needed. Signature Date:
Short Ferm Contract/EJ/TE 11-30-07
For the Contract between the City of
Richmond and
Global Parking Solutions USA LLC
SUPPLEMENTAL CONDITIONS
1. - It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.
This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.
3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.
4. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.
Contractor shall indemnify, defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.
6. Contractor agrees to observe all applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.
7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.
8. If this Contract does exceed five thousand dollars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07 For the Contract between the City of
Richmond and
Global Parking Solutions USA LLC
SPECIAL CONDITIONS
The Supplemental Conditions of the Short Form Contract are hereby amended to include the following modifications:
Extended Warranty $450 annually per unit (4 units total $1,800 annually) :
All Extended Warranty (EW) for year 2+ after original date of purchase is offered. EW covers all major electronic components, excluding batteries. The warranty extension is contingent upon; 1) warranty payments (if any) are current, 2) the equipment is not abused or damaged in any way and maintained according to the manufacturer's requirements; 3) only GPS supplied or approved consumable items such as receipt paper are used AND 4) routing preventative maintenance ha been performed and documented for the life of the machines.
Warranty extension allows for supply of parts, exchange and/or replacement and excludes on-site labor. Acts of vandalism, abuse, neglect or force majeure are not covered Replacement/exchange parts are supplies ex-works (Philadelphia, PA) or other location as may be required. Any freight and/or delivery cost are the responsibility of the Customer.
Spare Parts:
Spare parts may be purchased per published parts price list. Price list will be updated from time to time as may be required and advance notification will be given when possible.
Parts will be shipped ex-works (Philadelphia, PA) or other location as may be required. Freight and/or delivery cost are the responsibility of the Customer.
We recommend a small stock of critical parts be purchased and held locally to facilitate continued meter operation during parts exchange/replacement.
Back office System and Maintenance $540 annually per unit (4 units total= $2,160 annually):
First-line support and maintenance will be the responsibility of Customer. GPS will train Customer nominated personnel in the support and maintenance of the parking pay stations.
Corrective Maintenance (CM) and support services will be provided on an "as needed" basis as requested by customer and billed at a base rate of $120 per hour (charged in 15 minute increments). Corrective Maintenance includes remote (telephone) and on-site support.
Preventive Maintenance (PK) performed as required or at a minimum 6-monthly intervals is necessary to maintain satisfactory ongoing performance of he pay station system and ensure warranty requirements are met. PM is to be performed per manufacturer requirements. If Customer elects not to perform PM, Global Parking Solutions can optionally provide these services. A service plan quotation can be prepared upon request.
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07 For the Contract between the City of
Richmond and
Global Parking Solutions USA LLC
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
Short Form Contract Insurance Provisions/EJ/TE 11-30-07 Exhibit F
Section 8
City of Richmond Insurance Requirements - Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery CONTRACTOR hereby arants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation insurance as required by the State of California including Employer's Liability (for CONTRACTOR's with employees);
5. Original and Separate Waiver of Subrogation for Workers' Compensation Insurance.
6. Fidelity Bond/Crime Coverage - in an amount stipulated by City depending upon scope of contract.
Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61,
General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general (primary and excess limits aggregate shall apply separately to this project, service or location or the combined) minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Type 5 - Page 1 of 3
Revised: September 2011
_Exhibit F
Section 8
City of Richmond Insurance Requirements - Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.
Fidelity Bond/Crime Coverage (usualy base tipulated am city de endie the the ator 15 Contrad that (Applies if receiving City could be embezzled over a period of time.) funds.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers' Compensation Insurance providing coverage during the life of this contract.
SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from responsiance of the contractorced in no way relieves the contractor from its A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating CONTRACTOR must replace coverage immediately and provide notice to City Deductibles and Self-Insurec
Retentions
Contractor is responsible for satisfaction of the deductible and/or self-insure etention for each loss
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specifiec for underlying coverages and cover those insured in the underlying policies Type 5 - Page 2 of 3
Revised: September 2011
_ Exhibit F
Section 8
City of Richmond Insurance Requirements - Type 5:
Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's nSurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Any are comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers Consistent with Public Policy
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Type 5 - Page 3 of 3
Revised: September 2011