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HomeMy Public PortalAboutC-20-045 - Turnix Corporation dba First Choice Fire Protection, Fire ExtinguishersAGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND TURNIX CORPORATION DBA FIRST CHOICE FIRE PROTECTION t THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this -:7— day of March, 2020 by and between the CITY OF CARSON, a California V municipal corporation ("City") and TURNIX CORPORATION, a California corporation doing business as First Choice Fire Protection ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 _Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent Jurisdiction. 1.3 Licenses. Permits. Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Eight Thousand Three Hundred Thirty Five Dollars ($8,335.00) ("Contract Sum"). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, 01007 ON 11636971 1 Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant stall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. in the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such 01007,00011636971 1 -1)- delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall bel final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D" ). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Danette Bencomo, Lead Administrator, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. Thomas Barrett, Acting Building Maintenance Supervisor, such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigncd or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: 01007.cKMu636e71.1 -3- (a) Commercial_.. General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,001.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B". (f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended 01OD7.WO11636971.1 -4- or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. Tile insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a Financial category Class VIl or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employee~, agents, subcontractors, invitees. or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consuhant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent, performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and a, signs of Consultant and shall survive termination of this Agreement. 6. RECORDS, REPORTS, AND RELEASE OF INFORINIATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. ORM}7 i1 M16.16971 1 -.5. 6.3 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Ag�eement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be the "voluntary" provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 01007 0001!636971 1 -6- 7.2 Disputes, Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice, shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7.3 mal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq, and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 01007 0001/636971 1 -7- completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8. MISCELLANEOUS 8.1 Covenant Against „Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8.4 Inteeration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in 0IM7.OWI/636971 1 -8- writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 8.8 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 this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 'Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections I091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agr ment void and of no force or effect. Consultant's Authorized Initia - - 8.1 l Co orate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. 01007 0001/636971 1 -9- [Signatures on the following page.] nux>7 n0011636471 1 -10- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: 18TV"►�4MV. City Manager CONSULTANT: TURNIX CORPORATION, corporation doing business a Protection / Name: Louis Halper Title: President corporation 4 i California rst Choice Fire By: Title: Address: 550 Patricia Place, Suite E Gardena, CA 90248 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each or the following groups: 1) Chairman of the Board, President or any Vire President; and Z) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01007.0001/636971 1 CALIFORNIA ALL-PURPOSE I CKNOWLEDGMENT A notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ` On tJ/. 2030 before me. •>46 iersonlay appeared A��proved to me on the basis of satisfactory evidence to be the person(/ whose names(>j islarr subscribed n instrument and acknowledged to me that heh4hefrhtT executed the same in his/ke it authorized capacity(ies), and that by hisllwfAheir signature(oifon the instrument the person( or the entity upon behalf of which the person(Sj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. prBBlc L FOSTER 11 WITNESS my hand and official seal. '"" + nota-yPublic- Cali!arn.j `• r e'- ~ tos Angle, Ccunty `> � 4 'A'' A t Signature: /.ALL i3![/y}:., C mrriEsion:It5�Gi3 � �('fr)'i toy {:o m fap iCi Ndf .5,.0.1 OPTIONAL Thouuh the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01(X)7.0(X)1163697 1.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR YPE OF DOCUMENT NUMBER OF PAGES c� DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEYAN-PACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01(X)7.0(X)1163697 1.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR YPE OF DOCUMENT NUMBER OF PAGES c� DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF L05 ANGELES On L3� 2020 before me, fpersona appeared proved to me on [tic basis ol'satisfactory evidence to k- the personA whose namesV) ishwLf subscribed to the within instrument and acknowledged to me that Itr/slte/t4wy executed the same in 4ti�/iterA4eir authorized capacitylieq), and that by lv�-Whcr/their signature(4 on the instrument the person(0, or the entity upon behalf of which the personal acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Aft Oft ft J% OR DEMEt FOSTER WITNESS my hand and official seal _ rt3ta,yPu6.c Cat,rorna •; e' � l~ Los Ange el County 653 Signature: ._ Comm. SS on a �1'a:15"'2021 69y Camm E&P ies OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01 0{)7.(X1)1/6]6971. t DESCRIPTION OF ATTACHED DOCUMENT 4 ct da&,tLLj-L TITLE TYPE OF DOCUMENT NUMBER OF PAGES JL DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: TASK A. Annual maintenance for 310 fire extinguishers TASK B. Six year services on Dry Chemical Extinguisher TASK C. Hydrotest Dry Chemical Extinguisher TASK D. Hydrostatic testing of K Class Extinguisher TASK E. ABC Dry Chemical — per pound, replace as needed TASK F. K Class Extinguisher refill, replace as needed TASK G. Pressure Gauge, replace as needed TASK H. 0 Rings, replace as needed TASK I. Pull Pins, replace as needed TASK J. Valve Stems, replace as needed TASK K. Collar Verification Ring (included), replace as needed TASK L. Yellow Monthly Inspection Tag — address, as needed All such services will be performed at the following Iocations: A. City Hall, 701 E. Carson Street B. Carson Community Center, 801 E. Carson Street C. Corporate Yard/Fleet Services, 2410 E. Dominguez Street D. Veterans Sports Complex/Carriage Crest, 22400 Moneta Avenue E. North Park Facilities/Pools, 17400 Lysander Drive F. South Park Facilities/Pools, 21141 Orrick Avenue H. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: N/A 03007 00011635971 1 A-1 III. In addition to the requirements of Section 6.2, during performance of the Services, Consultantill keep the City updated of the status of performance by delivering the following status reports: A final report identifying that all City owned fire extinguishers are in compliance with L.A. County Building &l=ire Codes IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Louis Halper B. Danette Bencomo C. Gary Hcld 01007 0MI/636471 1 EXHIBIT `B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) N/A 01007IXH11/636971 1 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following Services at the following rates: II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services. NIA II1. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task suhbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include: A. Line items for all the work performed, the number of hours worked, and the hourly rate. C-1 01007.(%)U 11636971 1 QUANTITY COST SUB -BUDGET A. Task A 310 $9.00 $2,790.00 B. Task B 150 $11.00 $1,650.00 C. Task C 150 $14.00 $2,100.00 D. Task D 10 $28.00 $280.00 E. Task E 100 $4.50 $450.00 F. Task F 2 $289.00 $578.00 G. Task G 20 $9.95 $199.00 H.Task H 20 $1.95 $39.00 I. Task I 20 $2.50 $50.00 J. Task J 20 $9.95 $199.00 K. Task K 0 $0.00 $0.00 L. Task L 0 $2.00 $0.00 II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services. NIA II1. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task suhbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include: A. Line items for all the work performed, the number of hours worked, and the hourly rate. C-1 01007.(%)U 11636971 1 B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $8,335.00, as provided in Section 2.1 of this Agreement. VI. Consultant's billing rales for all personnel are attached as Exhibit C-1. NIA 41007.00011636971 1 I EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule: Days to Perform Deadline Date All Tasks 30 days 30 days from Notice to Proceed M Consultant shall deliver the following tangible work products to the City by the following dates. A final report identifying that all City owned fire extinguishers are in compliance with L.A. County Building & Fire Codes Ill. The Contract Officer may approve extensions for performance of the Services in accordance with Section 31. D -I 01007 4061/63697 1. t TURNCHO-01 BELENS CERTIFICATE 4F LIABILITY INSURANCE DAT t1JYYYY) 2/14121412020 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 THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HO DER. IMPORTANT: I1 the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the pollcy, certain policies may require ars endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsemantisi. PRODUCER " — OA Insurance Services 130 Vantis Suite 250 411so Viejo, CA 82656 INSURED T'umix dba First Choice Flre Protection 550 Patrice Place, XE Gardena, CA 90248 AX ert); (949) 297-5534 52029 IA1CC, Nab (949) 297-5960 ., Cheryi.Perkovich@toausaxa,m INSURERIS) AFFORDING COVERAGE MAIC X INSURER A : Crum & Forster Specialty Insurance Company 44520 WSURER a: United Financial Casualty Company 11770 kNSURER C: Scottsdale Insurance Company 41297 INSURERO:Insurance Company of the West 27847 INSURER E CLAIMS -MADE X OCCUR X X GLO.583885 71112019 711!2020 pD MA E T RENToencet S COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 85EN 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 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE AOOLLTRSD_ SUBFi POLICY NUMBERPOLICY EFF POUCY EXP UM(75 A X COMMERCIAL GENERAL LIA83UTY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR X X GLO.583885 71112019 711!2020 pD MA E T RENToencet S 100,000 MEOEXP Any we person) S 5,000 PERSONAL A ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY jy LOC PRODUCTS COMPJOP AGG S 2,000,000 OTHER. POLICY AGG s 5,000,000 B AUTOMOBILE LIABILITY COMBp INNEED'IS NGLE LIMIT s (EDANY 1,50(),000 AUTO 08434309.1 12/10/2019 1711012020 BODILY INJURY tear penan S OtNINFO X AUTOS LED AAUTO5 ONLY BODILY INJURY.tPer ecadanr} f � @� {p] �yyy Ep AUips ONLY -IISM ONLY (F em enlI) E er s X Comp Dad $250 X Cat Dad S500 S C UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAR CLAIMS -MADE XLS0110648 71112019 71112020 AGGREGATE S 5,000,000 CEI? RETENTION S S D WORKERSCOMPHNSATION X PER OTH• AND EMPLOYERS L AORM STATUTE ER YIN ANY PROPRIETOR,,PARTNERIEXECUTNE X WSD 5049203 00 71112019 7/1/2020 E L EACH ACCIDENT S FICEpJMpN Y NIA 1,000,000 EXCLUDED' endatoryin %7 II n. dasc�be under E L DISEASE . EA EMPLOYEE f 1,000 000 r RIPTI N OF CP E RATIONS Wow E L OISEASE - PS211CY LlMa S 1,000,000 A E&O Liability GLO-583585 7/1/2019 711/2020 Endorsement 1,000,000 DESCRIPTION OF OPERATIMS J LOCATIONS f VEHICLES (ACORD 101, Additional Henurk& Schadole reey be ahchod It mon speca Is ngWnd) Certificate Holder(s) is Included as Additional Insumd(s) with respect to General Liability as required by written contract (per form OCG2010 04113 8 ITCG2037 04113). Policy is Primary and Non-Contribulory as respects General Liability as required by written contract (per form NCFSIC•GL-1002 1012015). Waiver of Subrogation applies as respects General Liability (per fort #CG2404 05109) and Workers Compensation as required by written contract (per form NWC990637). 30 Day Notice of Cancellation with 10 Day Notice for Non -Payment of Premium In accordance with the policy provisions. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER ceuc�t I Artnu ACURD 25 (2015103) m 1968-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,� �Qt-�- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VWLL BE DELIVERED IN ACCORDANCE WITH TF1E POLICY PROVISIONS. City of Carson 701 E Carson Street AUTHORD:ED REPRESENTATIVE ACURD 25 (2015103) m 1968-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,� �Qt-�- AGENCY CUSTOMER ID: TURNCHO-01 LOC: 1 AC40RO ADDITIONAL REMARKS SCHEDULE - AGENcr License 0 0E677611 NAmFo wsuRw JOA Insurance Services Tumfx dba First Choice Fire Protection 550 Patrice Place SE ? POUCY NUMBER Gardena, CA 90248 EE PAGE 1 CARRIER NA1C CODE EE PAGE 1 y _ SEE P 1 EFFECrne DATE= SF.fG 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER; AC9RD.23 FORM TITLE: CanlOcate of t.tabipty insuranca SELENS Page 1 of 1 Description of QperationslLocationsNehicles: Certificate Holder(s); City of Carson, its elected and appointed officers, employees, volunteers and agents '"chis Certificate of Insurance voids and supersedes certificate issued on 12111119- -;C O—RD 2111119_ 0 2008 ACORD CORPORATION. All rights reserved. The AC ORO name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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 insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured_ A persons or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", Involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 0 Insurance Services Office, Inc , 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, l parts or equipment 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 insured(s) at the location of the covered operations has been completed. or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organizal'on other than another contractor or subcontractor engaged in performing aperalions for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance. The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured, or 2. Avai able under the applicable Limits of Insurance shown In the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 33 04 113 POLICY NUMBER: GLO-583885 COMMERCIAL GENERAL LIABILITY i CG 20 37 04 13 THIS ENDORSE ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you have agreed in a written Premises covered under this policy when required by contract to add as an additional insured on your policy vvrillen contract executed prior to the "bodily injury", rovided the written contract is executed prior to the property damage" or "personal and advertising injury bodily injury" "property damage" or "personal and dvertisin injury". Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section 11 — 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations CG 20 37 0413 - 001 0 Insurance Services Office, Inc., 2012 Page 1 of i THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY P (MARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary - Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Irsured under such other insurance, and (2) You have agreed in writing in a contract or agreement pr'or to the injury or damage that Ihis insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the Insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached. effective on the nception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective 7/1/2019 Policy No. GLO-583885 Endorsement No. Named Insured Turnix Corporation Countersigned by dba: First Choice Fire Protection CFSIC-GL-1 41]2(1012015 ) POLICY NUMBER- COMMERCIAL GENERAL LIABILITY CG 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECO, ERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Carson 701 E Carson Street Carson CA 90745 Information required to complete this Schedule if not shotim above, wil be shovm In the Declarations The fo_low ng is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We wave any right of recovery we may have against the person or organization shown in the Schedule alcove because of payments we make for Injury or damage ansing out of your ongoing operalicns or "your work" done under a contract vAth that penmen or organization and included in the "products - completed operations hazard". This waver app'ies only to the person or organization shown n the Schedule above CO 24 04 05 09 0 Insurance Services Office, Inc, 2008 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 37 (Ed. 5-02) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the schedule The additional premium for this endorsement shall be 5% of the California Workers' Compensation premium otherwise due on such remuneration, subject to a minimum premium of $50 00. Person or Organization Any person or organization for which this Waiver is required, by contract Policy Number- WSJ 5049203 00 Endorsement Effective: 07/01/2019 issue Date 07/01/2019 WC 99 06 37 (Ed. 5-02) Schedule Job Description All California Operations, where required by contract insured Turnix Corporation, dba: First Choice Fire Protection Coverage Provided by Insurance Company of the West Countersigned by