HomeMy WebLinkAboutGlobal Power Group Inc; 2026-08-25; PSA27-4123FACPSA27-4123FAC
City Attorney Approved Version 4/16/2026
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RATIFICATION AGREEMENT FOR FIRE STATION 1 EMERGENCY GENERATOR RENTAL SERVICES
GLOBAL POWER GROUP, INC.
THIS RATIFICATION AGREEMENT (“Agreement”) is made and entered into as of the
______________ day of _________________________, 2026, but effective May 8, 2026, by and
between the City of Carlsbad, California, a municipal corporation (“City”) and Global Power
Group, Inc., a California corporation (“Contractor”).
RECITALS
A. City required the services of a consultant that is experienced in generator rental
services. Contractor had the necessary experience in providing these services, submitted a
proposal to City and affirmed its willingness and ability to perform such work; and
B. Contractor performed the Services during the period of May 8, 2026 through July
3, 2026, prior to execution of this Agreement, and City desires to ratify and approve the Services
performed and compensate Contractor accordingly.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
in this Agreement, City and Contractor agree as follows:
1.SCOPE OF WORK
“”
“”
2.TERM
3.COMPENSATION
4.CONSTRUCTION MANAGEMENT SOFTWARE
’s
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Contractor and applicable team members shall complete a free training certification course
located at http://learn.procore.com/procore-certification-subcontractor. Contractor is
responsible for obtaining Contractor’s own Procore support, as needed, either through the online
training or reaching out to the Procore support team. It will be the responsibility of Contractor to
regularly check Procore and review updated documents as they are added. There will be no cost
to Contractor for use of Procore.
It is recommended that Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android
devices located at https://play.google.com/store/apps/details?id=com.procore.activities with
the Procore App installed to at least one on-site individual to provide real-time access to current
posted drawings, specifications, requests for information, submittals, schedules, change orders,
project documents, as well as any deficient observations or punch list items. Providing mobile
access will improve communication, efficiency, and productivity for all parties. The use of Procore
for project management does not relieve Contractor of any other requirements as may be
specified in this Agreement.
5. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
6. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City
and its officers, elected and appointed officials, employees and volunteers from and against all
claims, damages, losses and expenses including attorneys fees arising out of the performance of
the work described in this Agreement caused by any willful misconduct or negligent act or
omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under California Civil Code
Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8,
which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of
competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not
exceed Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or
makes to or on behalf of an injured employee under City’s self-administered workers’
compensation program is included as a loss, expense or cost for the purposes of this section, and
that this section will survive the expiration or early termination of this Agreement.
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7. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current Best's Key Rating of not less
than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus
Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an
alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the Risk Manager or City Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and will
not be canceled without thirty (30) days prior written notice to City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to City.
The full limits available to the named insured shall also be available and applicable to the as an
additional insured. Contractor shall provide a waiver of subrogation endorsement in favor of the
City, its officers, officials, employees, and volunteers for the Workers' Compensation insurance
policy. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City’s execution of this Agreement.
8. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Brian Bacardi Name Aubrey Monroig
Title Public Works Superintendent Title Service Manager
Department Fleet & Facilities Address 12060 Woodside Ave.
City of Carlsbad Lakeside, CA 92040
Address 405 Oak Ave. Phone No. 619-579-1221
Carlsbad, CA 92008 Email aubrey@gpgpower.com
Phone No. 442-339-2943
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
9. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report
investments or interests as required in the City of Carlsbad Conflict of Interest Code.
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Yes ☐ No ☒
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
10. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
11. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB
Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-
clean-fleets.
12. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
13. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, California Government Code Sections
12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
14. JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without
regard to, or application of, choice of law rules or principles. Contractor agrees and stipulates that
the proper venue and jurisdiction for resolution of any disputes between the parties arising out of
this Agreement is the State Superior Court, San Diego County, California.
15. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
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16. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other
than City and Contractor.
17. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
18. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing signed
by both parties. This Agreement may be executed in counterparts.
19. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
20. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue
in full force and effect.
[signatures on following page]
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CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California GLOBAL POWER GROUP, INC.,
a California corporation
By: By:
(sign here) Paz Gomez, Deputy City Manager, Public
Works, as authorized by the City Manager
Salvatore Martorana,
President and Secretary
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Deputy / Assistant City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A. Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: _____________________________
Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEE
Contractor furnished all equipment, tools and labor necessary to provide a temporary generator
during emergency repairs that were performed on the existing generator that serves Fire Station
1 located at 1275 Carlsbad Village Drive, Carlsbad, California 92008.
Notes:
-Rental duration: May 8, 2026, to July 3, 2026.
-Rental fees included hookup/breakdown, delivery/pickup, cable rental and damage
waiver.
Rental Fees – May 8, 2026 to June 5, 2026 $4,512.65
Rental Fees – June 5, 2026 to July 3, 2026 $2,562.65
Total $7,075.30
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GlobaTPow<?r
Global Power Group Inc 12060 Woodside Av¢ l...al:csidc:, CA 92040 o•ov,, ,,c
8i11To
City of Carlsbad 405 Oak Ave. Carlsbad, CA 92008 Attn: Accounts Payable Telephone: 760-602-2424
Quanlity
I Generator Rental:
P.O. No.
n/a
Description
05/08/2026 -06/05/2026 2 Cable Rental: Auto Start Cable
100 Cable Rental L Delivery: I Hook Up: I Break.down:
1 Pick Up
l 12% Damage Waiver
Location: City of Carlsbad -
Fire Station I 1275 Village Dr. Carlsbad, CA 92008
Work Performed: Generator and cable rental
5/24/202 1-6/2 I /2021 as per agreement.
San Diego-Sales Tax
Our Business Is Powering Your Business
I Payments/Credits
Phone# Invoice 619-579-1221
Fax# Date Invoice#
619-579-1166 5/31/2026 111973
Global Powczr
GROUP, INC .
Terms Job Number
Net 30 RN2683l
Rate Amount
1,800.00 1,800.00T
20.00 40.00T
3.00 300.00T 195.00 195 00 780.00 780 00 780.00 780.00 I 95.00 195.00 256.80 256 80
7.75% 165.85
Total $4,512.65
$0.00 I Balance Due $4,512.65
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