The URL can be used to link to this page

Home My WebLink AboutDay Management Corporation d.b.a. Day Wireless Systems; 2023-02-14; PSA23-2091FLTPSA23-2091FLT City Attorney Approved Version 8/2/2022 1 AGREEMENT FOR A1345 HONDA ACCORD - OUTFITTING SERVICES DAY WIRELESS SYSTEMS THIS AGREEMENT is made and entered into as of the __________ day of ___________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems ("Contractor”). RECITALS A. City requires the services of a consultant that is experienced in upfitting stock vehicles with emergency services systems. B. Contractor has the necessary experience in providing services and advice related to upfitting stock vehicles with emergency services systems. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be three thousand one hundred fifty- nine dollars and forty-nine cents ($3,159.49). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. 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. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation 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. DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 14thFebruary PSA23-2091FLT City Attorney Approved Version 8/2/2022 2 6. 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 the 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. 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. The Contractor shall report investments or interests in all four categories. 8. 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. 9. 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. 10. 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, 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. 11. JURISDICTIONS AND VENUE 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. 12. 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. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 PSA23-2091FLT City Attorney Approved Version 8/2/2022 3 be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. 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. CONTRACTOR DAY MANAGEMENT CORPORATION, an Oregon corporation d.b.a. Day Wireless Systems CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Gordon Day, President (print name/title) By: (sign here) Jessica Jackson, Secretary (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 By: City Attorney DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 PSA23-2091FLT City Attorney Approved Version 8/2/2022 4 EXHIBIT “A” SCOPE OF SERVICES See the two attached quotes (QO36420 and QO36437) dated January 13, 2023. DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 Date 01/13/2023 Quotation#QO36420 Bill To Bradley Northup Carlsbad Fleet Division 2480 Impala Dr Carlsbad CA 92010-7226 United States Ship To Bradley Northup Carlsbad Fleet Division 2480 Impala Dr Carlsbad CA 92010-7226 United States Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Terms NET 30 Expires 02/12/2023 Representative Michael Andrew Direct Phone (858) 265-2150 E-Mail mandrew@daywireless.com Shop Phone (858) 537-0709 Customer Contact Bradley Northup Contact Phone (760) 602-2400 Project Name Code 3 Lighting -Honda Acc... Quantity 1 1 1 1 1 1 1 1 1 Description Labor to install code 3 lighting Honda Accord NFORCE INTERIOR LIGHTBAR Handheld Siren 100 Watt Siren Speaker w/Bracket led ghost light blue Led ghost light Red Universal UnderCover Screw-InLED Insert Light Kit Red Universal UnderCover Screw-InLED Light Kit Blue Misc Hardware Rate 1,150.00 495.00 419.00 194.00 105.00 105.00 85.00 85.00 15.00 Amount 1,150.00 495.00 419.00 194.00 105.00 105.00 85.00 85.00 15.00 Subtotal Tax Total Total 2,653.00 116.49 $2,769.49 _______________________________________________________________________ LEGAL NAME OF PURCHASER P.O. NUMBER _______________________________________________________________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY PSA23-2091FLT Exhibit "A" (Cont.) DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 ,1,, DAY i WIRELESS SYSTEMS Date 01/13/2023 Quotation#QO36437 Bill To Bradley Northup Carlsbad Fleet Division 2480 Impala Dr Carlsbad CA 92010-7226 United States Ship To Bradley Northup Carlsbad Fleet Division 2480 Impala Dr Carlsbad CA 92010-7226 United States Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Terms NET 30 Expires 02/12/2023 Representative Michael Andrew Direct Phone (858) 265-2150 E-Mail mandrew@daywireless.com Shop Phone (858) 537-0709 Customer Contact Bradley Northup Contact Phone (760) 602-2400 Project Name Honda Tint Quantity 1 Description Labor to tint all windows including sunstrip. 2022 Honda Accord. Rate 390.00 Amount 390.00 Total $390.00 _______________________________________________________________________ LEGAL NAME OF PURCHASER P.O. NUMBER _______________________________________________________________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY PSA23-2091FLT Exhibit "A" (Cont.) DocuSign Envelope ID: 57F2EF6D-E9E5-4C6D-9AA7-4F6F13725251 ,1,, DAY i WIRELESS SYSTEMS