HomeMy WebLinkAboutC-5377 - M/RSA for Preventative Maintenance AgreementAMENDMENT NO, ONE TO
MAINTENANCE AND REPAIR SERVICES AGREEMENT
WITH GLIDE FITNESS PRODUCTS, INC. FOR
PREVENTATIVE MAINTENANCE AGREEMENT
THIS AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICES tt
AGREEMENT ( "Amendment No. One ") is made and entered into as of this Z` t*day of
Febmary, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT W EACH, a
California Municipal Corporation ( "City "), and GLIDE FITNESS PRODUCTS, INC., a
California corporation ( "Consultant "), whose address is 1609 E. McFadden Avenue, #F,
Santa Ana, CA 92705 and is made with reference to the following:
RECITALS
A. On January 31, 2013, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for Preventative Maintenance Agreement ( "Project').
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
i�1M,
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on January 31, 2013, and shall
terminate on March 1, 2014 unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include Scope of Work,
attached hereto as Exhibit A -1 and incorporated herein by reference ( "Services" or
"Work "), The City may elect to delete certain Services within the Scope of Services at
its sole discretion.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY' OFFICE
Date:
By: G
AaroU. Harp
City Attorney
ATTEST: 3 2$ )3
Date:
By: V Vr
� - 1)�w
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 31Am
By:
Dav iff
City Manager
CONSULTANT: GLIDE FITNESS
PRODUCTS, INC., a California
corporation
Date: 2 13
By: ��A
Bret Athey
Chief Executive Officer
Date:
By �-(
James kk fight
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A-1 — Scope of Work
GLIDE FITNESS PRODUCTS, INC. Page 2
i s �
o I 9
GLIDE FITNESS PRODUCTS, INC. Page A -1
"'e.5 INC
Preventative Maintenance Agreement
Thank you for the opportunity to earn your business!
You've just made Two very wise business decisions. First, you recognized the need for ongoing main-
tenance to protect a most used and valuable asset.. your fitness equipment. Secondly, you chose to
work with Glide fitness Products, Inc.,home of the original factary refurGcrhingprafessionais. `Phis
page (Page One) of the Pccvemadve Maintenance Agreement outlines the nature of the agreement,
services to be performed, and the costs associated with same. Details of the agreement are on the
reverse side of this page.
BICI TO NAME 5L5 g.i- `�i44e_ (/i'ci'h.� (/Yf�/}
ADDRESS )' 5U__5AL.-, ! f�C4 ve /�.ry
CITY, STATE. f (/'t(� /"(Q�^
PHONE, FAX E-&Wt. ! �j J + J O' / ��} �. f -/ �f / ' G3 / d C t t! �111t
Rased on our first visit to your two facilide e recommend the following maintenance schedule:
0 MON' IlLY C1t613t .F.IU,Y 0 131.ANNUALLY
Regardless of the frequency of visits shown above, we commit to spending Z'� hours per visit.
Charges per visit ire $60 drive time plus $60 per hour ($120 minimum per visit)
This is diSCOUMCd $15 from our usual and customary service call charges.
I(2
We estimate expenses for materials to be $ �35� per visit to cover the cost of cleaners, grease,
treadmill lubrication products, misc. nuts, bolts, and screws, etc)
Estimation of Cost Per Visit $ ZS0 r 3�
This Preventative Maintenance Agreement specifically covet.: the following services each visit:
TREADSI I LLS
Check electronics, clean running decks, inspect and tighten nuts and bolts, check and clean wix dis-
pensing nozzles, clean units throughout including drive motor intakes and fans, inspect running belts
and drive belts for proper tension and tracking, inspect overlays and line cords.
COMPUTERIZED BIKES, CLIMBERS and ROWERS
Clean and inspect units, lubricatc any chains as required, check step mechanisms on steppers (bearing,
and pins), inspect belts, pulleys, motor, gear box and alternator brushes.
ELLIPTICAL TRAINERS
Test overall operidon of units, check resistance and electronic components, check, clean and tube step
drive components, inspect all bearing, bolts and miscellaneous hardware.
STRENGTH
Inspect all cables and pulleys and /or Kealar belting on selectorized machines, lubricate moving com-
ponents as needed, clean and lobe guide rods, inspect grips and upholstery, inspect weight plates for
any cracks or dcformidck
PLEASE SEE REVERSE SIDE FOR COMPLETE TERMS AND CONDITIONS
1609 E. N1cPaddenAvenue, #F, Santa Ana, California 92705
Phone [7141754-0104 0 Fax (7141754-0107 0 Email. Sales @GlideFitness.com
OP 10: OL
CERTIFICATE OF LIABILITY INSURANCE 01/17/a 20 3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICAIE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies} must be endorsed If SUBROGATION IS WA 1 ED, euhJect to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certiRcate does not confer rights to the
INSURED
AIC
4809 E MC PADDEN
SANTA ANA, CA 92705
Fax:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECT TO
U. THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPSMtNSUMNCE
AWL
WON
POLICY NUN
Y
UCY�
LIMITS
GENERAL LUMUTY
EACH OCCURRENCE
a 11000100
a
$ 300,00
A
X GENERA. LIABILITY
CWMSHMOE 91 OCCUR
X
X
CRP1078859
1211412012
12H412013
MEOW one non
S 10,0
PEReONAt$AW lNNRY
4 1,000,0
OENERALAGGREGATE
i 2,000.0
GENL AGGREGATE
LIMIT APPLIES PER
PRODUCTS - COMPIOPAGO
S 2,000,0
X PGLIDY
PnCM LOC
$
A
AGTOMO91La
X
UA &UTY
ANY AuTG
AU OYMED AUTOS
X
x
BA1078963
1211412012
1211412013
COMMNEDSUIGLELOW
(Ee eo iwvn
l 1,000,00
60DILY INJURY IF. PUtm) is
WDILYINJURYIPer Ror*NM)
S - -�_
X
SC11EDIJUDAUTO9
WIRED AIIr08
...,......_
PROPERTY DAMAGE
(Per AaYdeM)
..,.,_..._
$
S
X
NON -0YMEDAVTOB
3
X
UMRRE IA UA9
X
OCCUR
EACH OCCURRENCE
s 4,000,00
AGGREGATE
S 4,000,00
A
"Case UAB
CLAIMS -MADE.
X
X
CU8938553
12714/2042
1271412013
DEDUCTaLE
-
S
S
X
RETENTION & 10000
A
YiQRKERB DDBPENSATi<IM
ANO EMPLOYERS UA &CRY
INe YIN
OPflC MEMSER E%CLUDE
M +wtr' in NN)
NIA
07392510
iZ1412012
1211412013
X STAN - R,
EL. EACH ACCIDENT
S 11000,00
ELOISEATE-EAEMKOnE
i�1 r0170,00
EL.OISEASE•POLICYUMIT
S 11000,00
R OM RIPTtON OF ONIMATIONS .
A
GOLDEN EAGLE INS C
BP1GT@8a9
121IV2012
12114/2013
BUS PER$
PROPERTY
100,00
DESCRIPRDN OF OPERATIONS I LOCATIONS )VENIOLES(XIII ACORD 101, AddManel lUnIrNe 8cn *, It Mm.PAIL N rINwredI
CITY OF NEWPORT BEACH IS ADOTTIONAL INSURED PER CG 2010 10/93 ATTACREEI•
W,IWR Of SUBROGATION APPLIES TO CITY Or NEWPORT REACS PER CG 2404 10/043
INSURANCE OF IS NON-CONTRIBUTORY
CZTY 9T PER GLS- 295S WAIVER SUBROGATION
8LN04B9 &MBNT TO BOLLOW FROM INSURANCE COPMPANY REGIONAL OPPICS,
aroma ?uaaraci�r. a.r. ceasvrdra:. �
(P 1988.2009 ACORD CORPORATION. All n hba reserved,
ACORD 26 (2009109) The ACORD name and logo are m9tatomd marks of ACORD t}
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA
CELLED BEFORE
CITY OF NEWPORT BEACH
CI
CS
THE EXPIRATION DATE THEREOF, NOTICE WILL BE
ACCORDANCE WITH THE POLICY PROVISIONS.
DELIVERED IN
TN. MARY PORT
3300 NEWPORT BOULEVARD
Avnlaarxao RE➢REBENTATIME
NEWPORT BEACH, CA 92663
(P 1988.2009 ACORD CORPORATION. All n hba reserved,
ACORD 26 (2009109) The ACORD name and logo are m9tatomd marks of ACORD t}
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
CG 20 10 10 93
ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMWI RCIAL GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement effective
Policy No
08/2312012 standard
207712 30
Named Insured
Counter Ign d y
GLIDE FITNESS PRODUCTS INC
(Authorized Representative)
SCHEDULE;
Name of Person or Organization:
CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS
(If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to Include as an insured the person or organization shown in the Sched-
ule, but only with respect to liability arising out of your ongoing operations performed for that insured.
Copyright, Insurance Services Office Inc., 1992
POLICY NUMBER: 2077123230 COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED
OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND
VOLUNTEERS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown In the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the "products - completed operations hazard ". This
waiver applies only to the person or organization shown In the Schedule above.
CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Q
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS SPECIAL CONDITIONS
If any of the endorsements below are attached to this policy, coverage provided by the additional Insured
endorsement is amended to be afforded on a primary, noncontributory or primary and noncontributory,
basis when and as agreed to in writing in a contract or agreement between you and the additional
Insured.
Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization (CG 20 10)
Additional Insured - State Or Political Subdivisions - Permits (CG 20 12)
Additional Insured - Owners, Lessees Or Contractors - Automatic Status When Required in Construction
Agreement With You (CG 20 33)
Additional Insured - Owners, Lessees Or Contractors - Completed Operations (CG 20 32)
Other: (Specify title and form number)
♦UTHORIiID A[PRl5[aTATtVE DAT
QLS -nsa p -a #) Pepe 1 of t
MAINTENANCE AND REPAIR SERVICES AGREEMENT
WITH GLIDE FITNESS PRODUCTS, INC. FOR
FOR PREVENTATIVE MAINTENANCE AGREEMENT
THIS MAINTENANCE AND REPAIR SERVICES AGREEMENT ( "Agreement') is
[ made and entered into as of this day of January, 2013 ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City"), and GLIDE FITNESS PRODUCTS, INC., a California corporation
( "Contractor ") whose principal place of business is 1609 E. McFadden Avenue, #F,
Santa Ana, CA 92705 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform regularly scheduled maintenance
and repair services for preventative maintenance and service of exercise
equipment located in the City employee gym ( "Project ").
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2013, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement. Contractor shall
perform all the work described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by this reference ( "Services" or "Work "). As a material inducement
to the City entering into this Agreement, Contractor represents and warrants that
Contractor is a provider of first class work and Contractor is experienced in performing
the Work contemplated herein and, in light of such status and experience, Contractor
covenants that it shall follow the highest industry standards in performing the Work
required hereunder and that all materials will be of good quality. For purposes of this
Agreement, the phrase "highest industry standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under
similar circumstances.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible
for delays due to causes beyond Contractor's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed,
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Rates attached hereto as Exhibit B and incorporated herein by reference. No rate
changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed
Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) without written
amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
andlor classification of employee who performed the Work, a brief description of the
Services performed and /or the specific task from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
Work billed on an hourly basis, and a description of any reimbursable expenditures.
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
43 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
GLIDE FITNESS PRODUCTS, INC. Page 2
the actual costs and /or other costs and /or payments specifically authorized in advance
in writing and incurred by Contractor in the performance of this Agreement.
4.4 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Peter Kilgore to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Rob Houston,
Assistant to the City Manager, or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
72 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
GLIDE FITNESS PRODUCTS, INC. Page 3
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims'), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
8.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the City. The manner and means of conducting the Work are under the control of
Contractor, except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Contractor or any of Contractor's employees or agents, to be
the agents or employees of the City. Contractor shall have the responsibility for and
control over the means of performing the Work, provided that Contractor is in
compliance with the terms of this Agreement. Anything in this Agreement that may
appear to give City the right to direct Contractor as to the details of the performance of
the Work or to exercise a measure of control over Contractor shall mean only that
Contractor shall follow the desires of City with respect to the results of the Services.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
12. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
GLIDE FITNESS PRODUCTS, INC. Page 5
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint - venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the park of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
Each and every report, draft, record, plan, document and other writing produced
(hereinafter "Documents'), prepared or caused to be prepared by Contractor, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
GLIDE FITNESS PRODUCTS, INC. Page 6
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project
21, CONFLICTS OF INTEREST
21.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
21.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractors violation of this
Section.
GLIDE FITNESS PRODUCTS, INC. Page 7
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn. Rob Houston, Assistant to the City Manager
City Manager's Office
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3033
Fax: 949 -644 -3020
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at'
Attn: Peter Kilgore
GLIDE FITNESS PRODUCTS, INC.
1609 E. McFadden Avenue #F
Santa Ana, CA 92705
Phone: 714- 754 -0104
Fax: 714 -754 -0107
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code § 900 of seq.).
24. TERMINATION
24.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
GLIDE "PRODUCTS, INC. Page 8
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201 at seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
GLIDE FITNESS PRODUCTS, INC. Page 9
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
26.6 Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project proposal and Scope of
Work.
26.7 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
26.8 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
26.9 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
26.10 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,
26.11 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.12 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GLIDE FITNESS PRODUCTS, INC. Page 1t)
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR Y'S OFFICE
Date:
Aaro(j. Harp
City Attorney
ATTEST:
Date: Ul l aJ
M Ic
By: wp� - Nk��
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: -Z I -t)j2,,
By:
Dave iff
City Manager
CONTRACTOR: GLIDE FITNESS
PRODUCTS, INC., a California
corporation
Date: 0 2 ' I
By:
Brett Athey
Chief Executive Officer
Date:
By:
Jarrres right
Chief Financial Officer
Attachments: Exhibit A - Scope of Work
Exhibit B - Schedule of Rates
Exhibit C - Insurance Requirements
GLIDE FITNESS PRODUCTS, INC. Page 11
EXHIBIT A
SCOPE OF WORK
GLIDE FITNESS PRODUCTS, INC. Page A -1
_-I-II 1�
FITNEfi3 RRbOUCT6. ,NC.
Preventative Maintenance Agreement
Thank you for the opportunity to earn your businessl
You've just made two very wise business decisions. First, you recognized the need for ongoing main-
tenance to protect a most used and valuable asset... your fitness equipment. Secondly, you chose to
work with Glide Fitness Products, Inc., home of the original factory refurbisbingprofessionah. This
page (Page One) of the Preventative Maintenance Agreement outlines the nature of the agreement,
services to be performed, and the costs associated with same. Details of the agreement are on the
reverse side `
BILL TO Ni
ADDRESS
CITY, STAT
PHONE, FA
Based on our first visit to your two facilitie s, we recommend the following maintenance schedule;
13 MONTHLY B- //QUARTERLY 17 BI- ANNUALLY
Regardless of the frequency of visits shown above, we commit to spending t hours; per visit.
Charges per visit are $60 drive time plus $60 per hour ($120 minimum per visit).
This is discounted $15 from our usual and customary service call charges.
We estimate expenses for materials to be $ "per visit to cover the cost of cleaners, grease,
treadmill lubrication products, mist. nuts, bolts, and screws, etc.)
Estimation of Cost Per Visit $ 7o3.6o
This Preventative Maintenance Agreement specifically covers the following services each visit:
TREADMILLS
Check electronics, clean running decks, inspect and tighten nuts and bolts, check and clean wax dis-
pensing nozzles, clean units throughout including drive motor intakes and fans, inspect running belts
and drive belts for proper tension and tracking, inspect overlays and line cords.
COMPUTERIZED BIKES, CLIMBERS and ROWERS
Clean and inspect units, lubricate anp chains as required, check step mechanisms on steppers (hearings
and pins), inspect belts, pulleys, motor, gear box and alternator brushes.
ELLIPTICAL TRAINERS
Tear overall operation of units, check resistance and electronic components, check, clean and tube step
drive components, inspect all bearing, bolts and miscellaneous hardware.
STRENGTH
Inspect all cables and pulleys and/or ICevlar belting on selectorized machines, lubricate moving com-
ponents as needed, clean and lube guide rods, inspect grips and upholstery, inspect weight plates for
any cracks or deformities.
PLEASE SEE REVERSE SIDE FOR COMPLETE TERMS AND CONDITIONS
9609 E. McFadden Avenue, #F, Santa Ana, California 92705
Phone (7141754 -0904 ❑ Fax 1714) 754 -0907 0 Email: Sates@GildeFitness.com
EXHIBIT B
SCHEDULE OF BILLING RATES
Treadmills -check electronics, clean running decks, inspect
and tighten nuts and bolts, check and clean wax
dispensing nozzles, clean units throughout including drive
motor intakes and fans, inspect running belts and drive
belts for proper tension and tracking, inspect overlays and
line cords.
Computerized Bikes. Climbers and Rowers -clean and
inspect units, lubricate any chains as required, check step
mechanisms on steppers (bearings and pins), inspect
belts, oullvs, motor. clear box and alternator brushes.
Elliptical Trainers -test overall operation of units, check
resistance and electronic components, check clean and
tube step drive components, inspect all bearing, bolts and
miscellaneous hardware.
Strength- inspect all cables and pulleys and /or Kevlar
belting on selectorized machines, lubricate moving
components as needed, clean and tube guide rods,
inspect grips and upholstery, inspect weight plates for any
cracks or deformities.
ESTIMATE
Rate Annual
$203.601visit $824
(includes drive time,
hourly rate and
materials)
Extra service calls:
$139.05 for 1st hour
Repair required between scheduled calls, treated as a + $61.80 for each
service call, additional hour
Additional charges:
Repair needed between quarterly maintenance period- $123.60 (travel & 1st
minor adjustments, routine maintenance andlor cleaning hour only)
Any additional parts and labor cost is responsibility of City. $61.80 per hour +
Repairs not covered by Manufacturer's Warranty. parts (10% discount
on retail once)
$1545
GLIDE FITNESS PRODUCTS, INC. Page B -1
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products- completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Contractor arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
GLIDE FITNESS PRODUCTS, INC. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. if such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Agreement Provisions. Contractor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Contractor
of non- compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
GLIDE FITNESS PRODUCTS, INC. Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self- insured Retentions. Any self - insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.57 City Remedies for Non Compliance. If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted 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 policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City,
1.5.9 Contractor's Insurance. Contractor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
GLIDE FITNESS PRODUCTS, INC. Page C -3
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 7NE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ON, Calms and 00mUtI lm at the policy, OoNatn po1101ea may require an endonemam. A statementon this certificate does not co4far Nghta to
M
UN
1009 E MC FADDEN
SANTA ANA, CA 92700
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC7
TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRISEO HEREIN IS SUBJECT TO
LL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS,
R
TYPE OPiNEUP.NtC$
avrxortaaDREprusENTATrve
,A �.....
wY asER
MMYEFIF
LIGY
LIbRB
OENERAtLUBittt
EAOHOCCURFXICE
f 110001
4 300.
A
X comes a ENERA.L4ieRRY
X
X
BP1078S89
i2M412012
IV1412013
C1A1liS•NADE O OGIXIR
MEDE%P ana
i 10,0
PEREDNALf AW eNURY
f 1AOOrBD
pENERALAGfR1EOATE
1 2,000,0
OWL AOOREGATE WET APPLIES PER
PROWOTS•COMPfOPAGG
i 2,000,00
$
X P ICV PAP LOC
A
AUTOMO$IUI
X
LIABILITY
ANYAUTO
ALLOWNEDAURI6
x
x
BA1074963
12!1412012
IZM412013
CONBINEDSNGLEUMIT
(E'dmdMU
f 1,000,00
BODCYINJURY IPer praon)
^--^ --
f
BOMY INJURY (P. ROObeT)
a
x
SCHBDVLED AUTOS
HIREDAUTOS
PROPERTY DAMAGE
paaC dRd)
....-.-�
i
f
X
NON -0WNEDAUTOS
i
x
UNeAE W Aa
X
OCCUR
EACH OCCURRENCE
f 4,000,00
AGGREGATE
i 4,000,
A
MESS LAS
cuarE -tdADE
X
X
US930003
12M412012
/2J14=13
HDEDUCTIBE
i
x
T 10806
Y14PNERSCOYPINUTION
x WG STAPF M.
A
aro eePtoYeagLUBIDry IN
Gr EMBEI Ewa ExauiEDR GUmE Y®
{MnndAlpry In NN)
NIA
x
07082810
iZM412012
12/1412013
e:.4 EACH accroENr
a 1,000,00
E.401aEASE •EA EMPLOYE
f ir00D�o0
E.L DISEASE •POUCYUMIT
f 1000,00
$ iNTbN Of OPEMTION
A
OLDE GLE INS C
10 gab$
12/1412012
12414!2013
BUS PERS
PROPERTY
100,00
DE$ DRIPTIONOFOPMATN IN$1LOCATIGNSIYTO4CIea (Aeac�hAWROIW ,AdM*AMRdmdnR$(A1MdP1trnaeapab Nd)
CITY OF NEWPORT BEACH IS ADDSTIORItL INSURED PER CG 2010 111/93 ATT D.
WAIVER OF $DEROGATION APPLIES TO CITY OF NEWPORT HEADS PER CO 2404 10/93
ATTACKED, ALL INSURANCE OF INSOREO S PRIMARY AND NON-CONTRIBUTORY TD THE
NEWPORT BE RE
O GINSURANCETCCOOPPMRAANNTT
&INOORa FROM REGIONAL OFFIC330BR4GRTSON
f 900 =I AYn YISI1100 nAWCFI t. AVIMN I
®19882009 ACORD CORPORATION. All rrhts meerved.
ACORD 26 (2000109) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAP
CELLED BEFORE
CITY OF NEWPORT BEACH
WIi7. B
CORRDDANCEWWIITH DATE EE POLICY PROVISIONS,
DELIVERED IN
ATTN: MARY LOCEY
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92003
avrxortaaDREprusENTATrve
,A �.....
®19882009 ACORD CORPORATION. All rrhts meerved.
ACORD 26 (2000109) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 10 93
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement effective
Policy No
08/2312012 12701 A.M. standard Ume
207712 30
Named Insured
Counter rgn d y
GLIDE FITNESS PRODUCTS INC
(Authorized Representative)
SCHEDULE
Name of Person or Organization:
CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS
(If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to Include as an insured the person or organization shown in the Sched-
ule, but only with respect to liability arising out of your ongoing operations performed for that insured.
Copyright, insurance Services Office Inc., 1992
POLICYNUMBER: 2077123230 COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
• • ; •
;
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED
OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND
VOLUNTEERS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the "products - completed operations hazard". This
waiver applies only to the person or organization shown in the Schedule above.
CG 24041093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS SPECIAL CONDITIONS
If any of the endorsements below are attached to this policy, coverage provided by the additional insured
endorsement Is armnded to be Afforded on a primary, noncontributory or primary and noncontributory
basis when and as agreed to In writing In a contract or agreement between you and the additional
Insured.
Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization (CG 20 30)
Additional Insured - State Or Political Subdivisions - Permits (CG 20 12)
Additional Insured - Owners, Lessees Or Contractors - Automatic Status When Required In Construction
Agreement With You (CG 20 33)
Additional Insured - Owners, Lessees Or Contractors - Completed Operations (CG 20 37)
Other: (Specify title and form number)
r ?-7(1z.
AUTNORSFD 0.FVRFSFNTATYVa
VA1
LtS -345r (TAF) Regr i N t