HomeMy Public PortalAboutC-20-132 - A&M First Aid, Inc., City Facilities First Aid SuppliesAGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
A&M FIRST AID, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made
and entered into effective the 15"}' of December, 2020 ("the "Effective Date"), between the
CITY OF CARSON, a California municipal corporation ("City") and A&M First Aid, Inc., a
California corporation ("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
a 1.1 Scone 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 Twenty -Four Thousand Five Hundred Dollars ($24,500) ("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,
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
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charges shall also be detailed by such categories. Consultant shall 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 Ma'eure. 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
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
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justified. The Contract Officer's determination shall be 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 "EY').
4. COORDINATION OF WORK
4.1 Representative of Consultant. Tina Allen, Vice President, 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. Roobik Galoosian, Senior Risk Management Analyst, or
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 assigned 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 foam 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:
(a) Commercial General Liability Insurance (Occurrence Form
CGOOOI or equivalent). A policy of comprehensive general liability insurance written on a per
01007.0001/675895.1 -3-
occurrence basis for bodily injury, personal injury and property damage. The policy of insurance
shall be in an amount not less than $1,000,000.00 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 Com enation 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
insu nce with 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 fumish 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
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
01007.000U675895.t -4-
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.
The 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 VII 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, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant'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 assigns of Consultant and shall survive termination of this Agreement,
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
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.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement 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
01007.0001 1675895.1 -5-
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 considered "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 Ownershin 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.
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 tintefi=e
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
01007.0001/675895.1 -6-
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 Legal 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 worts 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
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.
0I007AWI/675895.1 -7-
8. XISCELLANEOUS
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 ofj 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 EMRlovees. 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 Integration; 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
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,
011)07.0001/675895,1 -8-
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 Inte retation.
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 1091 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(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant's Authorized Initials
8.11 Cgr o_.ratc thod1y. 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.
[Signatures on the following page.]
01007.0401/675895,1 -9-
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Two corporate oti:cer skastnres required when Consultant is a carporatioq whh one sigoh3t m
repaired from each of the following groups: I) Chairman of the Board, Prcsid=t or any Viae Prmident; and
x) Secretary, any Asdfstant Secretary, Chief Financcial OMcer or any Abut Treasurer. CO.IISULTANT 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 CONSULTAN-rS BUSINESS MTTY.
0tWr-MJffi75M 1 -Itl-
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 LOS ANGELES
On -'2020 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose narnes(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature:
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))
01007.0001 /675845.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
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 LOS ANGELES
On —'2020 before me, personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) istarc subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature:
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
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(lES))
01007,00011675895.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
E IT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. At least once per calendar quarter, or more frequently based on City's need as
determined and requested by the Contract Officer, Consultant shall inspect, clean,
maintain, refill, restock and replenish each and every First -Aid cabinet and First -Aid bag
at the City's City Hall, Community Center, Corporate Yard, and all of the City's parks
and aquatic facilities, for a total of 56 First -Aid locations (each, a "First -Aid Location"),
with the First -Aid materials listed in Section V of this Exhibit "A," and as necessary to
comply with applicable CaIOSHA requirements.
IL As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. First -Aid materials, as set forth in Sections I and V of this Exhibit "A."
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Quarterly invoices itemizing and quantifying First -Aid materials added to each
First -Aid Location at the time of each inspection, by location and cabinet.
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 shall provide the following First -Aid materials for each First -Aid
Location (depending on whether the First -Aid Location is a First -Aid bag or a First -
Aid cabinet, as applicable):
First Aid Cabinet:
Part #
Description
12803VI
3"' COTTONTiP SWABS VIAL 100
154818
ALCOHOL SWABS 50/BX
156818
ALCOHOL SWABS 200/BX
232124
TRIPLE OINTMENT 25/BX
150910
ANTISEPTIC WIPES 20/BX
280540
BLOOD CLOTTING SPRAY
201301
BURN SPRAY 2 OZ
200404
WATER JEL 4X4"
201301
BURN JEL 25/BX
010810
WOVEN STRIPS 50/BX
35192EP
EYE DRESSING PACKET 4/BX
01007.0001/675895. I A- I
240701
EYE WASH 1 OZ
010813
FINGER TIP BANDAGE 40/BX
151901
FIRST AID ANTISEPTIC SPRAY 20Z
346001
FIRST AID GUIDE
067433
GAUZE PADS 3X3" 101BX
233020
HYDROCORTIZONE 25/8X
35185MK
ICE PACK -INSTANT MEDIUM
010811
WOVEN KNUCKLE 40/BX
010819
PATCH WOVEN 25/BX
53AM603
NITRILE GLOVES 100/13X
591001)
LENS TOWELETTES- 1001BOX
24130015
REFRESH PLUS 301BX
24130011
REFRESH PLUS 4/PK
52200ON
NITRILE EXAM GLOVES- 41BOX
010050
PLASTIC STRIPS 100/BX
051830
ROLLER GAUZE 3"
325701P
LISTER SCISSOR
107200T
FLEX WRAP 2"
016407
MINI WOVEN 50/BX
320001
SPLINTER OUTS 10/PK
80171TB
TRIANGULAR BANDAGE EA
023155
TRI CUT TAPE
3243919
TWEEZERS STEEL
28103030
WOUND SEAL OR. 21BOX
010812
FINGER TIP BANDAGE 251BX
010840
X LONG BANDAGE 25113X
First Aid Bag:
Part #
Description
150910
ANTISEPTIC WIPES 20113X
154818
ALCOHOL SWABS 501BX
067422
GAUZE PADS 2X2" 10/BX
067433
GAUZE PADS 3X3" 10/BX
065590
TRAUMA PAD 5X9"
32450
THERMOMETER DISPOSABLE
240701
EYE WASH 1 OZ
80171TB
TRIANGULAR BANDAGE EA
010050
PLASTIC STRIPS 100/13X
010045
PLASTIC STRIPS 314X3"
35107BC
BUTTERFLY BANDS
010811
WOVEN KNUCKLE 40/BX
010813
FINGER TIP BANDAGE 401BX
010810
WOVEN STRIPS 50/BX
105020
ELASTIC BANDAGE 2X5
325701P
LISTER SCISSOR
326785
PLASTIC FLASHLIGHT
328945
PENLIGHT
3243919
TWEEZERS STEEL
01007.00ai/675s95.1
494345
CHILD BVM
494347
ADULT BVM
431120
SPLIT 4"X 24"
80264RB
SPACE BLANKET
4270150
CPR MASK
522000N
NITRILE GLOVES 2PR
48SD110
CREWS CLEAR
300740
HEAT PACK
35185MK
ICE PACK -INSTANT MEDIUM
050031
KERLIX
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Jim Romero (main)
B. Steve Reyna ( back up)
Ol nn7.o001Jb75895. t
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(additions shown in bold italics, deletions shown in swlethmugh)
1. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as
follows:
"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
two (Z) ene-(1) years from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit "D")."
01007 0001!675895.1 8-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
A. Task A — Inspect, clean,
and replenish First -Aid
Locations as set forth in
Exhibit "A".
RATE
Per price table
set forth in
Section ll of this
Exhibit "C"
TIME
By end of each
calendar quarter
SUB -
BUDGET
$12,250 per
contract year
(11/1-1111)
H. Consultant shall provide the First -Aid materials at the following prices:
First Aid Cabinet:
Part #
Description
Unit Price
12803VI
3"' COTTONTIP SWABS VIAL 100
$4.25
154818
ALCOHOL SWABS 50/BX
$4.55
156818
ALCOHOL SWABS 200/BX
$8.00
232124
TRIPLE OINTMENT 25/BX
$6.20
150910
ANTISEPTIC WIPES 20/BX
$4.55
280540
BLOOD CLOTTING SPRAY
$11.75
201301
BURN SPRAY 2 OZ
$5.45
200404
WATER JEL 4X4"
$8.95
201301
BURN JEL 25/BX
$5.45
010810
WOVEN STRIPS 50/BX
$6.25
35192EP
EYE DRESSING PACKET 41BX
$3.35
240701
EYE WASH 1 OZ
$4.25
010813
FINGER TIP BANDAGE 40/BX
$6.55
151901
FIRST AID ANTISEPTIC SPRAY 20Z
$5.45
346001
FIRST AID GUIDE
$2.05
067433
GAUZE PADS 3X3" 10/BX
$3.45
233020
HYDROCORTIZONE 25/BX
$6.20
35185MK
ICE PACK -INSTANT MEDIUM
$2.35
010811
WOVEN KNUCKLE 40/BX
$6.25
010819
PATCH WOVEN 25/BX
$6.25
53AM603
NITRILE GLOVES 1001BX
$18.00
591001)
LENS TOWELETTES- 100/BOX
$13.95
24130015
REFRESH PLUS 30/BX
$18.25
24130011
REFRESH PLUS 4/PK
$6.25
52200ON
NITRILE EXAM GLOVES- 4/BOX
$2.05
010050
PLASTIC STRIPS 1 001B
$6.05
051830
ROLLER GAUZE 3"
$2.25
1325701P
LISTER SCISSOR
C-1
01007.00011675895.1
107200T
FLEX WRAP 2"
$4.85
016407
MINI WOVEN 50/BX
$6.05
320001
SPLINTER OUTS 101PK
$4.65
80171TS
TRIANGULAR BANDAGE EA
$1.75
023155
TRI CUT TAPE
$4.45
3243919
TWEEZERS STEEL
$1.25
28103030
WOUND SEAL QR. 21130X
$13.05
010812
FINGER TIP BANDAGE 25/BX
$6.25
010840
X LONG BANDAGE 25/BX
$6.55
First Aid Ba
Part #
Description
Unit Price
150910
ANTISEPTIC WIPES 201BX
$4.55
154818
ALCOHOL SWABS 501BX
$4.55
067422
GAUZE PADS 2X2" 101BX
$3.40
067433
GAUZE PADS 3X3" 101BX
$3.45
065590
TRAUMA PAD 5X9"
$1.65
32450
THERMOMETER DISPOSABLE
$4.25
240701
EYE WASH 1 OZ
$4.25
80171 TB
TRIANGULAR BANDAGE EA
$1.75
010050
PLASTIC STRIPS 100/BX
$6.05
010045
PLASTIC STRIPS 314X3"
$6.05
35107BC
BUTTERFLY BANDS
$3.95
010811
WOVEN KNUCKLE 40/BX
$6.25
010813
FINGER TIP BANDAGE 40/BX
$6.55
010810
WOVEN STRIPS 50/BX
$6.25
105020
325701 P
326785
ELASTIC BANDAGE 2X5
LISTER SCISSOR
PLASTIC FLASHLIGHT
$1.75
_ $4.55
$4.25
328945
PENLIGHT
$4.10
3243919
TWEEZERS STEEL
$1.25
494345
CHILD BVM
$26.05
494347
ADULT BVM
$18.50
431120
SPLIT 4" X 24"
$8.25
80264 RB
SPACE BLANKET
$3.20
4270150
CPR MASK
$8.95
52200ON
NITRILE GLOVES 2PR
$2.05
48SD110
CREWS CLEAR
$2.55
300710
HEAT PACK
$3.60
35185MK
ICE PACK -INSTANT MEDIUM
$2.35
050031
KERLIX
$7.54
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
01067 00011575&95.1
N. 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, including the quantities and rates of First -
Aid materials provided, identified by date, location and First -Aid location.
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 $24,500.00, as provided in
Section 2.1 of this Agreement.
01007.0001/675895 1
I.
II.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall perform all Services timely in accordance with the following
schedule:
A. Task A (Inspect
and replenish First -
Aid Locations as
set forth in Exhibit
"A„ )
Days to Perform
--91 (Frequency of at
least once per calendar
quarter and on as needed
basis.)
Deadline Date
End of each
calendar quarter.
Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Inspection and replenishment of First -Aid Locations as set forth in Exhibit "A" -
by the end of each calendar quarter.
The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
D-1
01007.00011675895.1
AV CERTIFICATE OF LIABILITY INSURANCE
DA (M°Y� �02
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 TIRE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions Or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement s .
PRoouctal
CONTACT Kelly Schiager
StateFarm Sarah Atkinson Insurance Agency, Inc.
15061 Springdale Street, Suite 101
L*JC. 714-892-3351 Na . 714-373-5519
EartAtL keily®atkinsonagency.com
Huntington Beach, CA 92649
INSU B AFFORDING COVERAGE NAIL!
INSURER A. State Farm Mutual Automobile Insurance Company 25178
MED fixe area permmS 5,000
INSURED
INauRER 13. State Farm General insurance Company 25151
A&M FIRST AID, INC.
INSURER C.'
INSURER D :
DBA FIRST AID 2DOO
INSURER E:
5932 Balsa Avenue, Suite 105
Huntington Beach CA 926
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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 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.
' ILTR
TYPE OF INSURANCE
S R
POLICY NUMBER
POLICY EFF
POLICY EXP
UM TS
X COMMERCIAL GENERALUABILRY
CLAIMS.MADE FRI OCCUR
Y
Y
92 -ET -A941-7
12!28!2019
12/28/2021
EACH OCCURRENCE S 1,000,000
PREMIAgs (to Qpanm) S 300,000
MED fixe area permmS 5,000
PERSONAL 6 ADV INJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY I--] JECT LOC
OTHER:
GENERAL AGGREGATE S 2,000,000
PRODUCTS- CDMPX]P AW $ 2,000,000
$
AUTOMOBILE
LIABILnY
f ANY AUTO
OWNED X SCHEDUI
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Y
Y
546 0434-030-75
09/30/2020
03/30/2021
COMBINED SINGLE L mr' S
BODILY INJURY (Per pan=) S 1,000,000
BODILY INJURY (Per accident) S 1,000,000
PROPERTY DAMAGES 1,000,000
+?!
Is
X UMBRELLA UAB
EXCESS LUAa
HOCCUR
CLAW&MADE
92 -ET -8205-8
08102/2020
08102/2021
EACH OCCURRENCE S 1,000,000
AGGREGATE s
DED I I RETENTIONS
S
WORICER8 COMPENSATION
AND EMPLOYERS LIABILMY Y 1 N
ANY PROPRIETORJPARTIIER(EXECUTIVE ❑
OFFICEMEMSER EXCLUDED]
(Mandatory in NH)
ll yes, dascrtbe under
DESCRIPTION OF OPERATIONS below
N f A
PTR DTH. I
A TE ER 1
E.L. EACH ACCIDENT S
E.L. DISEASE- EA EMPLOY S
E.L DISEASE - POUCY UMIT I S
DESCRIPTION OF OPERAnONS f LOCATIONS 7 VEHICLES IACORD 101, AddWoaW Remarks Schadu1s. may he attacked N mon space Is required)
SEE ATTACHED ACCORD 101
CITY OF CARSON
701 E CARSON STREET
CARSON, CA 90745
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION HATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
I AUTHORIZED REPRESENTATIVE
Completed by an authorized State Farm representative. If signature
3.1/24/2020 is required, please contact a State Farm agent.
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
1OD1498 132940.13 64-22.2020
AGENCY CUSTOMER ID_
LOC 0:
ADDITIONAL REMARKS SCHEDULE
AGENCY
SARAH ATKINSON INSURANCE AGENCY, INC.
POLICY NU ER
92 -ET -A941-7 AND 6765 WESTMINSTER BLVD STE C 54 6 0434 -C30 -75F
CARMIER RMC009
State Farm General Insurance Company 125151
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: FORM TITLE:
DESCRIPTIONS OF OPERATIONS'.
NAME0914SUM D
A&M FIRST AID. INC.
DBA FIRST AID 2000
5932 BOLSA AVENUE, SUITE 105
HUNTINGTON BEACH, CA 92649
EFF OM [)AM' 11/11/2020
Page of
GENERAL LIABILITY
1. City of Carson, its elected and appointed officers, employees, volunteers and agents are additional Insureds OR blanket additional insured endorsement.
2. Primary and Non-contributory endorsement.
3- Waiver of Subrogation endorsement in favor of City of Carson_
AUTOINSURANCE
1 City of Carson, its elected and appointed officers, employees, volunteers and agents are additional insureds
2 Waiver of Subrogation endorsement In favor of City of Carson,
j ® 2008 A
The ACORD name and logo are registered marks of ACORD
CORPORATION. All rights reserved.
1004362 142991.1 01-21-2013