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HomeMy WebLinkAboutLEE TECHNOLOGIES SERVICES, INC. 1A - 2009INSUk~',i;~~~ lied 1-11.1. t1+ORtt i~ii,Tr' fiG~GEE(,? UNT~~ ii~SUliAf~GE. EX('IRES ci_t~~, ~~r: cour,,r,~1 lla~~ ~_<<_~~>~~ N-2008-099-01 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT, made and entered into this 1S` day of April, 2009, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and Lee Technologies Services, Inc., a Virginia corporation ("Contractor"). RECITALS A. The City and Contractor entered into Agreement, N-2008-099, dated July 29`h, 2008, hereinafter referred to as "said Agreement", by which Contractor has provided maintenance, service and repair of Citys uninterruptible power systems. B. The parties now desire to extend the term of said Agreement and authorize an additional one year of funding in order to provide continuous service under said Agreement. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: 1. Section 2.a., of said Agreement, pertaining to COMPENSATION, is hereby deleted in its entirety and replaced with the following: "City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended under said Agreement shall not exceed $25,000, annually, during the term of said Agreement.'' 2. Section 3, of said Agreement, pertaining to TERM, is hereby amended to extend the termination date for an additional one-year, through June 30, 2010. 3. Except as modified by the two amendments, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement on the date and year first above written. ATTEST: 'I v' ~ W ~'O ATRICIA E.. ~ AL,Y Clerk of thz Cotmcil APPROVED AS TO FORM: .~,_ JJOSEPH FLET'CHER -~- City Attorney RECOMMENDED FOR APPROVAL: ~~~~ ~~~ o FRANCISCO GUTIERREZ Executive Director - FMSA CITY OF SANTA ANA ~' DAVID N. R M City Manager LEE TECHNOLOGIES SERVICES, INC. ~Ly-~v"?i'" By: ` (NAME) ~ • ~tt_SSEC., L IVIV~-~-f~~ ~~'~1~ (Title) SEI~J I OR%~ v ~ L.E k71~-ESi O~~ l~ / (,~~er~.~ cam`-t~~~t<-~ LEE TECHNOLOGIES'" MJSStON-CRtTICAi JNfRASTRUCTURE SOLUTIONS SERVICE CONTRACT QUOTATION Customer: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Mr. Mario Ghizzi Phone: (714) 647-5008 Email: mghizziCa~ci.santa-ana.ca.us Quote Number: SP08-6841 Date: July 14, 2008 Quote Validity: 30 Days Payment Terms: Net 30 Site: Various Lee Technologies Services, Inc. ("Lee") proposes the following Work: SECTION I: SCOPE OF WORK MGE EPS2000 UPS SYSTEMS SERVICE CONTRACT - SELECT COVERAGE 1. Includes One (1) Major Preventive Maintenance visit scheduled at the customer's convenience, 24x7. 2. Includes Semi-Annual Battery Maintenance visits. • Annual battery maintenance visit scheduled at the customer's convenience, 24x7 when completed with the Major UPS Preventive Maintenance visit • Semi-annual battery maintenance visit scheduled Monday through Friday, 8:OOam - 5:OOpm 3. Includes a 30% discount on parts associated with corrective maintenance. (Excluding Batteries and Proactive Capacitor Replacement) 4. Includes 30 minute (maximum) call back time. 5. Includes Next Business Day or Sooner On-Site Emergency Response, Monday through Friday, 8:OOam - 5:OOpm. 6. Access to Factory Technical Support during normal business hours, Monday througFl Friday 8:OOam - 5:OOpm. 7. Includes a 25% discount on labor rates for emergency repair. 8. All maintenance is performed by factory trained MGE Field Engineers. 9. MGE cannot guarantee the availability of all replacement parts. APC SILCON UPS $ LIEBERT UPS SERVICE CONTRACT -FULL SERVICE MAINTENANCE CONTRACT 1. Includes Semi-Annual (2) UPS Preventive Maintenance visits scheduled during normal business hours, Monday through Friday, 8:OOam - S:OOpm. 2. Includes Semi-Annual Battery Maintenance visits scheduled during normal business hours, Monday through Friday, 8:OOam - 5:OOpm. 3. Includes all materials and labor to keep the equipment in good operating condition (Excludes Battery and Proactive Capacitor replacement). 4. Includes Four (4) hour On-Site Emergency Response, Seven (7) days a week, Twenty-four (24) hours a day. 5. Includes Call Management which is a record of all reported site events and on-site calls by Field Technicians. 6. Includes all emergency service and travel expenses. Quote Number. SP08-6841 Lee POC: Catherine Sullivan Service Sales Associate Page 1 of 5 LEE TECHNOLOGIES NATIONAL OPERATIONS CENTER 1. Coordinate all Preventive Maintenance visits between Customer and Vendor. 2. Follow up with Customer upon completion of each Preventive Maintenance visit. 3. Coordinate all follow up work between Customer and Vendor. 4. First point of contact for all emergency service calls. GENERAL The Work is limited to maintenance service attributable to normal wear and tear and not made necessary by causes such as abuse or misuse of equipment, use of equipment for purposes other than which the equipment was intended, operation and storage of equipment in an environment not suitable for such equipment, deterioration or damage due to decorative finishes (such as paint), installation of additional accessories, lightning, fire, water, exposure, labor dispute, war, insurrection, vandalism, accident, Customer's negligence or failure to properly care for the equipment, acts of God, power failures caused by outside power sources beyond the specified capacity of the equipment, criminal acts, natural calamity or other such causes. SECTION II: TERM OF CONTRACT The Commencement Date for MGE's performance of the Services of this contract is ~,p working days after the date this proposal is signed by Customer, unless another Commencement Date is agreed upon, and shall continue for an initial term of one (1) year (the "Term"). SECTION III: CONTRACT VALUE AND INVOICING OPTIONS For performance of the Work during the Term, Customer shall pay Lee Technologies the Contract Value set forth below, depending upon the invoicing option chosen by the Customer (election may be made by initial below or by issuance of order with corresponding Contract Value). Equipment To Be Covered MGE MODEL: EPS2020/44.66, 20kVA EPS2000 UPS System S/N: 50815-03 With (32) Batteries MGE MODEL: EPS2051/44.66, 50kVA EPS2000 UPS System S/N: 50815-07 With (40) Batteries MGE MODEL: EPS2051/44.66, 50kVA EPS2000 UPS System SiN: 50815-05 With (40) Batteries MGE MODEL: EPS2061144.66, 60kVA EPS2000 UPS System S/N: 50815-01 With (80) Batteries LIEBERT MODEL: 15kVA UPS System SIN: 38MB-64d With associated batteries APC MODEL: SL10KF, 10kVA UPS System S/N: WE0252110006 With (32) Batteries Contract Value UPS Service Contract $ 21,583.00 Optional Upgrade -Four (4) hour on-site response fior the 30kVA Galaxy3000 UPS during warranty $ 450.00 period (Initial) Optional Adder - In-Warranty UPS 8~ Battery Preventive Maintenance visit for the 30kVA Galaxy3000 $ 1,500.00 UPS System (Initial) Quote Number. SP08-6841 Lee POC: Catherine Sullivan Service Sales Associate Page 2 of 5 INVOICING OPTIONS Acceptance (Initials): CUStomer: Annuallnvoicing: Lee shall invoice the Compensation upon Customers signature of this Proposal. Quarterly Invoicing: Lee shall invoice the Compensation as follows: (i) 25% upon Customer's signature of CUStomer: this Proposal, (ii) 25% on or about the middle of the 2nd month, (iii) 25% on or about the middle of the 5th month and (iv) 25% on or about the middle of the 8th month. If this invoicin o tion is chosen, add 8% to the Com ensafion. CUStomer: Monthly Invoicing: Lee shall invoice the Compensation monthly during the Term. If this invoicin o tion is chosen, add 12% to the Com ensation. SECTION IV: ADDITIONAL WORK If the Customer requests, requires, or authorizes Lee to perform any work in addition to the Work described in the Scope of Work of this proposal and purchased by Customer in the preceding Section, the Customer shall pay Lee for such Additional Work at Lee's prevailing Time and Material rates or per quote (at customer's request prior to commencement of Additional Work) from Lee. With respect to Additional Work, Lee shall invoice Customer upon completion of the Additional Work, unless otherwise agreed upon in writing. Customer shall pay each of Lee's invoices within thirty (30) days after the date of such invoice. SECTION V: OTHER TERMS 1. Customer's signature below forms a Contract comprised of this Service Contract Quotation and the Standard Conditions following between Customer and Lee. Customer must provide a Purchase Order or Purchase Requisition for all Contracts over $70, 000.00 for billing purposes. 2. Address for PO's: Lee Technologies Services, Inc., 12150 Monument Drive, Suite 150, Fairfax, VA 22033. 3. All prices shown are valid for thirty (30) days from the date of quotation and are subject to the Standard Conditions set forth in this Proposal. 4. Cancellation of any site visit within 48 hours of scheduled date could result in an additional charge of any costs incurred. 5. The prices quoted herein do not include applicable state, local or municipal sales and/or use taxes. All such taxes will be billed separately unless Customer provides Lee with a valid exemption certificate acceptable to the taxing authority. 6. For equipment that has experienced a lapse in service (or warranty) coverage by Lee Technologies, or has had no service history in the previous six months by Lee Technologies, the first Preventive maintenance visit will be a "Recertification Visit". If during the Recertification Visit any repairs are required, the Customer will be responsible to pay, on a time and material basis, for all service time (including any follow-up visits) and parts necessary to bring the system up to manufacturer's standards. SECTION VI: EMERGENCY SERVICE For Emergency Service, call Lee Technologies' National Operations Center at (877) 968-0300. ~` Quote Number. SP08-6841 Lee POC: Catherine Sullivan Service Sales Associafe Page 3 of 5 c ~~. . ACORQ CERTIFICATE QF LIABILITY INSURANCE LEE E 1 DATE (MM7DDiYYYYI T 07/3a/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant insurance Services Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Franey Muha Commercial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 453D Walney Road - Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Chantilly VA 20151 Phone:703-397-0977 Fax:703-397-0995 INSURERS AFFORDING COVERAGE NAIC# WSURED Lee Technolo ies Grou Inc INSURER A T11E NART~ORD ZNS Gl09P !<02239 g p, . Lee Technologies, IAC. INSURERE aaeuRAL INSUNAtICL oo /03026 24856 Lee Technologies Services, Inc Andrae Electric inc . INe~uRER c. 12150 Monument )~1x, X150 INSUREAD Fairfax VA 22033 I•JSUR=R E COVERAGES THE =GLICIEti OF IN ;t IRANCE _ISTED GELOY4' HOVE BEEN ISSUED TO THE INSURED TAMED ABOVE FCiR'FfE POLICY PERIOD INCdCATEG NOTIYITHSTANDING ANY RE~]I IIF.EMENi, TEAM 4R ''ONDITION OF MY CCMRACT ~~R ^THER GO('I IhtEN7 vViTN RESPE~ T TO Wl-i CH'HIS CERT{FiCATE NAY EE iSS!JFfI C,R MAY F'ER'A N, TFE IV ;J4ANCE AFFORDEG BY THE POLICCI=G DE3CRIGCD HEREIN lu SU3JEC7 TO ALL THE TEEMS, EXCLUSIONG AND CON41TIi?N5 0~ "*.k:H FPLICIE~. AGC•REr,A'E LIMITS SHOWN ~t4Y HAVE E~EEN RCD~JCCU D" FAID CLAIMS LTR SRD TYPE OF INSURANCE POLICY NUMBER PATE {MM1Dp7YY) DATE (MMIDD~YY) LJMfTS GENERAL LIABILITY '~ EACH ~CLIRRENCE $ I, OOO , OOO A }{ -.~ ~~:NMERCIAL G="JERAL LIA3ILITY 42UUNAC6987 11/01/07 11/D1/a8 f'REMIOE:i {Ea oCCwencel $300,000 .:LA NU MANE ~ OCC:UR MED EXF (My one persgn) 4 1 O , 00 O PERyJNAL & ADV INJURY $ 1, DOO , OaO GENERAL AGGREGATE 5 2 , OOO , 000 UEtdL F,GGAEGA'E LIMIT APPLIES PER'. PRODUr'TS COMP/OP AG6 S 2 , aaO , DOO ~ POLICY X ,~T Lfy' -....... AUTOMOBILE LIABILltt CONJ3INED SIrIGLE LIMIT $ 1 000 OOO A I X X ;ANVFInu 42UUNACfi987 11/01/07 11/01/08 (Eaaccde~t) , , X AL. ~ ~IMVEG W'TOS BODILY INJURY $ x;HEDULECAU VS ~~~ ~,t`j#~ f'erperson) X HIREDAl1T.~G , / ~> iY1 y ~ ' BODILY IPJ. L~RY }{ N(1rJ ~NrHEGAUT05 ~ ~ ~ ~ % /~ f'ereccicent) $ ~( PROPERTY DAMAGE - $ ` ?~y , ,Per a~eldnnF) GARAGE LIABILITY " " ~ • ~ 1 : i ~-~f=~' iy AUTO ~rJLY =A.AC('IDE1.1T -._.. _.. ; Ahi ALITC T !~ ' ~~`` UTHER 1-1AN ~A ~A.`' $ AUTO ONLY AG3 S EXCESSIUMBRELLA LIABILRY EACH OCCURRENCE $ 10 , 000 , OOO A X }{ ~x~:Lg7 ~~_LAIMSMADE 42RHUAC7126 11/01/07 11/01/08 AGGREGATE $10,006,000 $ DEG; ICT~BL_ $ }{ ~ ~cTENTION $ O S WORKERS COMPENSATION AND ' ~ u X TORY LIMITS ER A EMPLOYERS UABILITY ANY FRuPRIETna,~pAFTtvER+ExECUT VE 42WBRI3755 11/01/07 ~ 11/01/08 EL EpcH.accIGENT $ 1 000 000 ~ / ~~FFICER/MEh1F1FR E'~G I If iEC~" E.L.GISEASE-EAEMPLO~EE $1,aOO,aOO f yyes, d4:cn GB under :PECIAL PFOVIEIi~'JS t~ilar+ E L DISE4SE POLICY LIMIT S 1 , 000 , 000 OTHER 8 Professional Liab E000000398802 11/01/07 11/01/08 Per Claim $2,000,000 Claims made DED: $20,000 Aggregate $2,000,000 DESORPTION OF OPERATIONS !LOCATIONS !VEHICLES /EXCLUSIONS ADDED 8Y ENDORSEMENT f SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insureds on all liability policies listed above. CERTIFICATE HOLDER CITYOFS City of Santa Ana Mr. Mario Ghizzi 20 Civic Center Plaza Santa Ana CA 92701 RD 25 (20U1 CANCELLATION SHOULD ANY OF THE ABDYE DESCRIBED POLICIES BE CANCELLED 6EFORE THE EXPJRATION DATE THEREOF, THE ISSUUJG INSURER WILL ENDEAVOR TO MAJL 3O DAYS WRITTEN NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6UT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATON OR LIABILITY OF 4NY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ACORD CORPORATION 1988 s N'o7-D~g-~~-~~ i H~~K~ C:EKTIFICATE OF LIABILITY INSURANCE OP ID LV DATE (MM/DD/YYYY) LEETE-1 PRODUCER 11 02 09 Alliant Insurance Services Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Franey Muha Commercial Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE H 4530 Walney Road - Suite 200 OLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE Chantill VA 20151 S BELOW. y Phone: 703-397-0977 Fax:703-397-0995 INSURERS AFFORDING COVERAGE INSURED "- NAIC# __ INSURER A: Hartford underwriters ins Co 3 0104 Lee Technologies Group, Inc. INSURER B: H tf d Lee Technologies, Inc ar or Fire Insurance Co 19682 ; Lee Technologies Services, INc 12150 Monument D #1 INSURER C: Hartford Casualty Ins Co 29424 r, 50 Fairfax VA 22033 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AN Y 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 S POL UBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. , LTR NSR TYPE OF INSURANCE POLICY NUMBER DATECMM DD CTIVE DATE MM/DD/YYYY LIMITS GE NERAL LIABILITY A X X COMMERC EACH OCCURRENCE $ 1, OOO, OOO IAL GENERAL LIABILITY 42UUNAC6987 11/01/09 11/O1/10 CLA ~ ~ PREMISES (Eaoccurence) $ 300, OOO IMS MADE OCCUR MED EXP (Any one person) $ 1 O , O O O PERSONALSADV INJURY $ 1, 000, OOO GE N'L AGGREGATE GENERAL AGGREGATE $ 2, OOO, OOO LIMIT APPLIES PER: POLICY X jE ~ PRODUCTS -COMP/OP AGG $ 2 , O O O , O O O LOC AUTOMOBILE LIABILITY B X X ANY AUTO 42UUNAC6987 11/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 X ALL OWNED AUT 11/O1/10 OS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTO S ~~ ~ ~ ~ ~ ~ • ~ ~ - X NON-OWNED AUTOS ~ BODILY INJURY (Per accident) $ ~ ~~ ~ PROPERTY DAMAGE -._. ___ - ---- (Per accident) $ GAR AGE LIABWTY / ~--~• •~ ~ - - ANY AUTO :, v - , AUTO ONLY - EA ACCIDENT $ .. ..~ , ~ ,.. .. ... ~ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY C X X OCCUR ~ CLAIMS MADE 42RHUAC7126 EACH OCCURRENCE 11/01/09 11/O1/10 AGGREGATE $ lO, OOO, OOO $ 10, 000, OOO DEDUCTIBLE X RETENTION $ Q WORKERS COMPENSATION $ AND EMPLOYERS' LIABILITY A ANY PROP - X TORY LIMITS ER RIETOR/PARTNER/EXECUTIVI ~ 42yigRI3755 OFFICERlMEMBER EXCLUDED? 11/O1/O9 11/O1/lO E.L. EACH ACCIDENT $ ] OOO OOO (Mandatory in NH) „ , If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 1 , O O O , O O O OTHER E.L. DISEASE-POLICY LIMIT $ 1, OOO, OOO DESCRIP710N OF OPERATIONS /LOCATIONS !VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insureds on all liability li po cies listed above. This insurance is primary and non contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOFS DATE THEREOF, THE ISSUING INSURER WILL 481KYP4FQ1~flCpD MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BiPC7Ul~@[BCPCD®35~.~36]i:L City of Santa Ana °i~~10°®°~Xa~~~Dxm~Ex,~sxa~m¢~¢ Attn: Thao Vu e~xsl>:alsc 2O Civie Center Plaza AUTHORIZ DREPRESENTATIVE Santa Ana CA 92702 , ACORD 25 (2009101) ©1988-2009 ACORD C RPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 42ULTNAC6987 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s)• Location(s) Of Covered Operations The City of Santa Ana, its officers, employees, agents, volunteers and representatives. This insurance is primary and non-contributory. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II -Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ^