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HomeMy WebLinkAboutGaynor Telesystems, Inc. 2018-06-11Gaynor Telesystems, Inc. CORPORATE HEAMUARMMS — %50 Tenqumy Com Redding, CA %M PH: (530)223-2974 FAX (530) 224-9260 EMAIL: WWW.Gl=rtelMS.COM City of Ukiah 300 Seminary Ave Uriah, Ca 95462 Site # 006227 Dear Sir and/or Madam, (i A 17ig1--'&1 May 23, 2018 Your Warranty will expire on 6/11/18, for your PELCO CCTV System. We are able to continue your coverage with an Annual Maintenance Agreement and System Support Plan for an annual cost of $§22,M. This agreement will cover all labor for repairs and parts with the exception of batteries, Non- Pelco Equipment. Any man lifts or any such type equipment required beyond a standard ladder, if needed, must be provided by customer. Gaynor will load the most current software backup provided by customer. We will be available for training sessions at no additional charge and have a 48 -Hour Response Time for normal issues and Priority Response time for all Emergency Service, which is no more than 3 hours' Remote response time. And, you as the customer make the determination as to when it is an emergency for your service issues. Please sign and fax the enclosed agreement to 530-224-9260 THANK YOU FOR CHOOSING GAYNOR TELESYSTEMS! Sincerely, GAYNOR TELESYSTEMS, INC. ANNUAL EQUIPMENT MAINTENANCE AGREEMENT Between GAYNOR TEL.ESYSTEMS, INC. 9650 Tanqueray Ct., Redding, CA 96003 And City of Ukiah, 300 Seminary Ave, Ukiah, Ca 95482 (Delco CCTV System) Gaynor Telesystems, Inc., hereby agrees to provide Customer with labor and materials for the maintenance of the above - identified system (except equipment owned by the local telephone company) located at Customer's above address and Customer agrees to pay therefore in accordance with the following terms and conditions: 1. Payment - Customer agrees to pay Gaynor Telesystems, Inc. the sum of6� 998.00 annually, payable in advance, plus charges for "non -replacement parts" as defined in Section 5 below and related sales taxes. 2. Tenn, Option to Renew The term of this agreement shall be from 6/12/18 until 6111119 the first anniversary thereof. 3. Maintenance Obligations - Gaynor Telesystems, Inc. shall peep the system in good working condition and repair, furnish all necessary labor and materials, and load the most current software backup provided by customer. Gaynor Telesystems, Inc. shall provide regular service within 48 hours of Customer's request and emergency service (that is, where there has been a total failure of the system) within 3 hours of Customer's request unless, in either case, prevented by war, labor trouble, civil disturbance or other cause that is beyond the control of Gaynor Telesystems, Inc. 4. Customer's Remedies for Non -Performance In the event of a material breach of this agreement by Gaynor Telesystems, Inc., Customer may cancel this agreement. This remedy shall be Customer's exclusive remedy, and Gaynor Telesystems, Inc. shall in no event be liable for consequential damages for commercial loss or otherwise. 5. Non -Replacement Parts and Billable Labor -- Non -replacement parts means all parts except parts replacing those that are defective, worn out or used up. Non -replacement pans include, without limitation, parts replacing those that have been damaged by negligence, tampering, fire, flood, wind, act of God or a public enemy, A/C failure ("brown outs" or power surges, etc.), those which have been lost or stolen, and batteries and headsets. Billable labor means all labor except labor to replace those parts that are defective, worn out or used up. 6. Charge for Unnecessary Calls - In the event Customer calls for service and it is determined that there is no fault with the equipment covered under this agreement, Customer may be charged for the time involved. 7. Cancellation for Unauthorized Work --- In the event Customer has work on the system done by non -manufacturer certified technicians or non -Gaynor Telesystems Inc. technicians, at Gaynor Telesystems Inc.'s sole options, this agreement may be declared void, the Customer will be notified of this election and no refunds shall be due to Customer and no obligation to work on the system further shall attach to Gaynor Telesystems Inc. 8. Prevailing wage addendum applies to this agreement. 9. Gaynor Telesystems, Inc will maintain insurance per city's STD insurance requirement for contractors. Customer must have UPS protection at all times to have system covered under this maintenance agreement. GAYNOR TELESYSTEMS, INC. City of Ukiah Accepted by 1 se s' } Accep by (pl e/sign) Title Title co I 2D11R' 4-13 ter, Date — Date System Support Plan Gaynor Telesystems, Inc., will furnish parts and labor to keep the system in good worldng order per the attached Maintenance Agreement dated 6112118 for The City of Uldah: Pelco CCTV System a 1'n addition, Client will also receive: 0 3 Hour Remote response for EMERGENCY and Priority Situations 0 48 Hour Response for Normal Service 0 72 Hour Response for Moves, Adds and Changes with appointment given. (Contingent upon parts availability) Q Reduced Labor rate for all MAC (billable) work Labor will be billed at reduced rate from standard billing rate and there will be no trip charge, if applicable. Waiver of $130.00 Emergency Call Fe& o Free Help Desk o S Hours Complimentary End User Training Annually (does not accumulate or roll over) Agreed: k M_ .J.Gaynor Title President Gaynor Telesystems, Inc. PREVAILING WAGE ADDENDUM Date: June 5, 2018 Contract #1718231 Vendor agrees to comply with the following requirement. 1. Public Works Registration 1.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.4 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR § 16451(d).) 2. Use of Employees. 2.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. Prevailing Wage Addendum Contract #1718231 2.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 2.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 2.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 2.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and %z for overtime) are available at the Department of Industrial Relations website at b=://www.dir.ca. Prevailing Wage Addendum Contract #1718231 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract 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 by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 1010 01 and Commercial General Liability — Completed Operations Form No. CG 20 37 10 01). B. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). C. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. II. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage Including operations., roduc and SomRlftd overations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectflocation or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis. B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis. C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury ordisease. III. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee. IV. REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which apses from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers' compensation policy. C. For any claims related to this project, the Contractor's insurance coverage shall be primary Insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. D. Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. V.TRATRA iNG __ Acceetabij�jt ( of Insurers Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. VI. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. VII. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. If you have questions regarding our Insurance requirements contact: Risk Manager (707) 463-6287 FAX (707) 463-6204