Royal Gym Services/Gym Equip. Maint. 15INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS INDEMNITY AGREEMENT AND HOLD HARMLESS ("Agreement") is hereby entered
into by the City of La Quinta ("City") and Royal Gym Services ("Agency") as of August
17, 2015.
RECITALS
A. Agency has proposed to provide 12 preventative maintenance visits on all
equipment at the Wellness Center located at 78450 Avenida La Fonda, La Quinta, CA
for one year to be redeemed on a monthly basis. Royal Gym Services will take care of
disassembling and cleaning the internals, making adjustments, lubrication and finding
any unforeseen issues. ("Services").
B. The City wishes to have Agency provide the Services to help with the overall
maintenance and care of the fitness equipment that is used by Wellness Center
members.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties agree as follows:
Section 1
The foregoing Recitals are true and correct and are hereby incorporated herein by this
reference and are expressly made a part of this Agreement.
Section 2
2.1 Agency shall defend (with counsel selected by the City), indemnify, and hold
harmless the City and its officers, employees, and agents (collectively, "Indemnified
Parties") from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance
of this Agreement by Agency or by any individual or entity for which Agency is legally
liable, including but not limited to officers, agents, employees, or subcontractors of
Agency, excepting only those claims, actions, obligations, losses, liabilities, judgments,
or damages arising out of the sole negligence, active negligence, or willful misconduct
of the Indemnified Parties.
2.2 In the event the Indemnified Parties are made a party to any action, lawsuit, or
other adversarial proceeding alleging negligent or wrongful conduct on the part of
Agency, Agency shall provide a defense (with counsel selected by the City) to the
Indemnified Parties, or at the City's option, reimburse the Indemnified Parties on an
ongoing monthly basis their costs of defense, including reasonable attorneys' fees,
incurred in defense of such claims.
Revised April 2015
2.3 In addition, Agency shall be obligated to promptly pay any final judgment or
portion thereof rendered against the Indemnified Parties.
CArtinn
3.1 Prior to the execution and throughout the duration of this Agreement, Agency
shall maintain insurance in conformance with the requirements set forth below.
Agency may use existing coverage to comply with these requirements. If that existing
coverage does not meet the requirements set forth here, Agency shall have it
amended to do so. Agency acknowledges that the insurance coverage and policy
limits set forth in this Section 3.1 constitute the minimum amount of coverage
required. Any insurance proceeds in excess of the limits and coverage required in this
Agreement and which is applicable to a given loss, will be available to City in the event
of a loss covered by this Agreement.
Agency shall provide the following types and amounts of insurance:
A. Commercial General Liability Insurance using Insurance Services Office
"Commercial General Liability" policy form CG 00 01, with an edition date prior
to 2004, or the exact equivalent. Coverage for an additional insured shall not
be limited to its vicarious liability. Defense costs must be paid in addition to
limits. Limits shall be no less than $1,000,000 per occurrence for all covered
losses and no less than $2,000,000 general aggregate.
B. Workers' Compensation on a state -approved policy form providing
statutory benefits as required by law with employer's liability limits no less than
$1,000,000 per accident for all covered losses.
C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including owned, non -owned and hired autos, or the exact equivalent. Limits
shall be no less than $1,000,000 per accident, combined single limit. If Agency
owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Agency or
Agency's employees will use personal autos in any way on this project, Agency
shall obtain evidence of personal auto liability coverage for each such person.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet
limit requirements, shall provide coverage at least as broad as specified for the
underlying coverages. Such policy or policies shall include as insureds those
covered by the underlying policies, including additional insureds. Coverage
shall be "pay on behalf," with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion precluding coverage for claims or suits
by one insured against another. Coverage shall be applicable to City for injury
to employees of Agency, subcontractors or others involved in the provision of
services under this Agreement. The scope of coverage provided is subject to
approval of City following receipt of proof of insurance as required herein.
Revised April 2015
E. Professional Liabilityr Errors and Omissionsr as appropriate
shall be written on a policy form 'coverage specifically designed to protect
against acts, errors or omissions of the consultant and "Covered Professional
Services" as designated in the policy mast specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per
claim and in the aggregate. The policy must "pay on behalf of" the insured and
mast include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
3.2 Agency agrees to provide evidence of the insurance required herein,
satisfactory to City, consisting of: a) certificate(s)) of 'insurance evidencing all of the
coverages required and, (b) an additional insured endorsement to Agency's
Commercial General Liability policy using ISO Form CG 20 10 with an edition date prior
to 1988, which form shall include coverage for completed operations. The additional
insured endorsement shall expressly name City, and its officersand employees as
additional insureds on the policy{ies) as to Commercial General Liability coverages,
and completed operations coverages, with respect to liabilities arising out of Agency's
performance of the Services under this Agreement.
3.3 Proof of compliance with these insurance requirements, consisting of
endorsements and certificates` of insurance, shall be delivered to City prior to Agency
commencing performance of any of the Services described it this Agreement.
3 Copies of this Agreement and any other forms of communication between the
parties shall be directed to the addresses set forth below:
To City: To Consultant:
CITY OF LA QUINTA Vendor flame: Royal Gym Services
Attention: Christina Calderon Attn: Shawn Dix
7-495 Calle Tampico Address: 8775 Ramona Trail
La'Quinta, California 92253 City ST ZIP: Morongo`Valley, CA 92256
Email address; ccalderon@la-quinto.rg Email address: dix.sown@yahooacom
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CITY OF LA QUINTA
("City")
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Revised April 2015
Royal Gym Services, LLC
8775 Ramona Trail
Morongo Valley, Ca 92256
760-449-8828
Name / Address
La Quinta Wellness Center
Christina Calderon
78450 Avenida La Fonda
La Quinta, CA 92253
191
Date Proposal #
8/5/2015 278
Project
Description
Qty
Rate
Total
This bid is for a Preventive Maintenance Service Agreement on the
12
315.00
3,780.00
fitness equipment located at The La Quinta Wellness Center. This
agreement includes 12 Preventive Maintenance visits on all of the
equipment listed below per year to be redeemed on a monthly basis.
The Year will begin when the first service is rendered. This
Agreement has no hidden fees. We supply all materials needed in
accordance with the recommendation of the manufacture for proper
maintenance. This set price will not change for 1 year and the signed
below agrees to this agreement and price for 1 year. This Agreement
does not include any separate repairs, however Royal Gym Services
does give lower rates of repair to Preventive Maintenance
Agreement Customers at our discretion. The price set is $315 per
month for the 12 months and starts on 8/15 and ending 8/16 for a
total year price of $3780. This Agreement includes preventive
maintenance on all of the fitness equipment located at the La Quinta
Wellness Center. Note: The price is reduced because your staff does
the external cleaning (and a very good job of it). We take care of
disassembling and cleaning the internals, making adjustments,
lubrication and finding any unforseen issues. We will not be
cleaning the externals of the machines.
If you agree to the terms above please sign and return
0.00
X
Sales Tax
8.00%
0.00
Thank you for choosing Royal Gym Services!
Total
$3,780.00
Phone # E-mail
7604498828 dix.shawn@yahoo.com
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Preventive Maintenance Details �
Preventive Maintenance for Treadmill HEIVAL
eClean and wipe down entire unit using a proved cleaning solutions FACTORY TRAINED
.Clean under the running belt
.Vacuum around treadmill
.Check and inspect power cord
.Check and inspect running belt tracking ad`' st as needed)
.Check and clean heart rate grips
lns ect underside of belt and deck
.Check drive belt tension (adjust as needs
.Check running belt tension (adjust as needed)
.Check keypad
.Clean and lubricate elevation screws using approved grease
pen hood and clean/vacuum under shroud
.Property clean LCB (lower Control board, FCB (fan control board), and all other
electronics under shroud
.Check wire connections
.Check speed sensor
.Check and tighten loose hardware
.Check motor (elevation)
.Apply wax/tube to running belt if necessary
.Perform a function test 1
.Check for anything not functioning property on unit
Preventive Maintenance for Bikes/Spin Bikes
.Clean and wipe down entire unit using approved cleaning solutions
4
.Vacuum under and around bike
.Check and clean heart rate grips
.Check drive belt for fraying and wear if necessary
.Check drive belt/chain tension if necessary
.Check and lube seat post and selector pin
.Check seat wear and tension
.Check and tube pedals, break pad and chain
.Check proper balance of bike
.Check keypad
pen hood and clean/vacuum under shrouds as recommended by manufacturer
.Check wire connections
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P:760-449-8828 -449-8828 F: 760-289-7831 E:!Dix.Shawn@yahoo.com
F
.Check and tighten loose hardware
Perform a function test
.Check for anything which is not functioning properly on unit
HEIVAL
Preventive Maintenance for Elliptical
FACTORY TRAINED
.Clean and wipe down entire unit using approved cleaning solutions
.Vacuum under and around elliptical i
.Check and inspect power cord (if not self generated)
.Check and inspect stride belt/deck (adjust as needed
.Check and clean heart rate grips
.Remove and clean inside of shroud as recom ended by manufacturer
.Check drive belt tension (if needed)
.Check keypad
.Clean and lubricate elevation screws using approved grease (if needed)
;Property clean LC (lower control board) an all other electronics under shroud
.Check wire connections
.Check and tighten loose hardware
.Check, clean and lube all moving parts
.Perform a function test
.Check for anything which is not functioning roprly on unit
I
Preventive Maintenance for Strength Equipment
.Clean and wipe down entire unit using appro ed Meaning solutions
.Inspection of guide rods and linear shafting
.Clean and tube guide rods and linear shafting
.Check all hardware and tighten as necessary 'o specs
.Check cable ends for secure attachment
.Check cable coating for tears or frays
,Check nylon ball for cracks or damage
.Check to ensure cable tension is to specs
.Check and lubricate all ball bearings s needed
.Check and lube all pivot points (bushings, puL teys etc.)
.Check and tube all pillowy blacks with grease gun fitting
.Check and tighten backrest, seat, and leg pa j s
.Perform a function test
.Check for anything which is not functioning properly on unit
Note: Every manufacturer is different. The actions taken will be performed to the
specification of each individual manufacturer and each model or unit as
recommended.
i
P, 760-449-8828 F: 760-289-7831 E; Dix.Shawn@yahoo.com
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 101-3002-60420.
___ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_____ no reportable interests in LQ or ____ reportable interests
___ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does
not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
___ Approved by the City Council on (date) ___
___ City Manager’s signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
X City Manager’s signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
___ City Manager’s signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (initialed by Risk Manager on _____________ date)
___ Performance bonds as required by the agreement (originals)
X City of La Quinta Business License (LIC-0110118, Exp. October 31, 2015)