HomeMy Public PortalAboutC-23-057 - FIT SISTAZ 2023 APRIL 4AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
FIT SISTAZ ON THE 1
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 22nd day of March, 2023 by and between the CITY OF CARSON, a California
municipal corporation ("City") and FIT SISTAZ ON THE 1, a California non-profit 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
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 Hundred and Forty Dollars and Zero Cents ($840.00) ("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, 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
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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 Majeure. 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 justified. The Contract Officer's
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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 "D").
4. COORDINATION OF WORK
4.1 Representative of Consultant. Joanette Driver -Moore 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. Tim Grierson, Recreation Superintendent, 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 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:
(a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 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
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an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
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, with Employer's Liability insurance coverage
limits of at least $1,000,000.00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 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 $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired
cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to
the Consultant's profession, as determined by the City's Risk Manager, provided that the limits
shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. 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) 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 include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be
required in the Special Requirements in Exhibit "B."
(g) Broader Coverages and Higher Limits. Notwithstanding anything
else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader coverages and/or
higher limits maintained by Consultant.
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. Moreover, 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
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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 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.
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(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
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 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,
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
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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 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 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 parry 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
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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 parry 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 parry 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.
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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 any number of counterparts and each of such
counterparts shall for all purposes be deemed to be an original, whether the signatures are originals,
electronic, facsimiles or digital. All such counterparts shall together constitute but one and the
same Agreement.
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 Corporate 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Dr. aleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[ndp]
CITY:
CITY OF CARSON, a municipal corporation
Da (f. Ro erts, Jr., City ager
CONSULTANT:
FIT SISTAZ ON THE 1, a California non-profit
corporation
By:
Name:f heryl C r -Harris
Title: hief E cuti Officer
B
e: Joanette Driver -Moore
itle: Secretary
Address: 20208 Eddington Drive
Carson, CA 90746
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and
2) 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.
01007.0001/867135.1 _10-
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 , 2023 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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
01007.0001/867135.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01007.0001/867135.1
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 , 2023 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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) ❑ LI IITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S) .
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01007.0001/867135.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following fitness instruction classes ("Services") for
members of the Carson Veterans SportsComplex ("Complex") at 22400 Moneta Ave.,
Carson, CA 90745:
A. Dance Fitness
B. Kick Boxing
C. Zumba
The City shall provide Consultant access to aerobics equipment at the Complex (i.e. free
weights, yoga mats, bosu balls, etc.) to be used by class participants.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Not Applicable
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: Not Applicable
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. Joanette Driver -Moore
B. Bridget Johns
C. Cheryl Carter -Harris
01007.0001/867135.1 A-1
EXHIBIT `B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(new text shown in bold italics, deleted text in st-fikethfough)
[INTENTIONALLY LEFT BLANK]
01007.0001/867135.1 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall be paid $420 up front to begin the Services and an additional $420
once the Services have been completed.
II. 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.
III. 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.
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.
IV. The total compensation for the Services shall not exceed $840.00, as provided in
Section 2.1 of this Agreement.
C-1
01007.0001/867135.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following
schedule between the period of April 5, 2023 and May 26, 2023:
Class
Date/Times
Dance Fitness
Wednesdays, from 6:00 pm to 7:00 pm
Kick Boxing
Thursdays, from 7:00 pm to 8:00 pm
Zumba
Fridays, from 6:00 pm to 7:00 pm
H. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
D-1
01007.0001/867135.1
ACORN'" CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
k.�
1 03/31/2023
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 HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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).
PRODUCER
CONTACT Tanya Dean
StateFarm Tana Dean, Agent
Y 9
PHONE FAX
310-792-5900 A/c No):
State Farm Insurance
• • T
E-MAIL tan a dean. 92
com•
ADDRESS: Y 1 u@staRDING
1010 S Pacific Coast Hwy Ste #206A
EACHOCCURRENCE $ 1,000,000
COVERAGE INSURERS AFFORDING COVERAGE NAIC #
Redondo Beach CA 90277
INSURER A: State Farm General Insurance Company 25151
INSURED
INSURER B:
Fit Sistaz On The 1
DAMAGE TO RENTED
300,000
INSURER C:
17621 Sandlake Ave
INSURER D:
INSURER E:
Carson CA 907461524
INSURER 1:
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.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
WVDPOLICY
NUMBER
MWDDYNYYY
MM/DDNYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACHOCCURRENCE $ 1,000,000
CLAIMS -MADE X OCCUR
DAMAGE TO RENTED
300,000
PREMISES Ea occurrence $
MED EXP (Any one person) $ 5,000
&ADV INJURY $
A
Y
Y
92-J8A030-2
03/24/2023
03/24/2024
GEN'L AGGREGATE LIMIT APPLIES PER:
-PERSONAL1,000,000
GENERAL AGGREGATE $ 2,000,000
POLICY ❑ PRO-LORC
LOC
PRODUCTS - COMP/OP AGG $ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident $
ANY AUTO
BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $
I
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
L
PROPERTY DAMAGE
Per accident $
UMBRELLA LIAB
HCLAIMS-MADE
OCCUR
—$
EACH OCCURRENCE $
EXCESS LIAB
AGGREGATE $
DED I I RETENTION $
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY Y / N
STATUTE ER
EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.
OFFICER/MEMBER EXCLUDED? ❑
N / A
E.L. DISEASE - EA EMPLOYE $
(Mandatory in NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION F OPERATIONS below
-7
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Carson, its elected and appointed officers, employees, volunteers and agents are additional insureds on the general liability policy.
-- -' liN1Y 1..CLLN 11UM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Carson
INSURANCE APPROVED ACCORDANCE WITH THE POLICY PROVISIONS.
nom„
701 E Carson St R_G AUTHORIZED REPRESENTATIVE
4/4/2023
Carson CA 90745
W 19S8-ZU15 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
1001486 132849.13 04-22-2020
FCA1 Rem. 6-13
----------------------------------------------
CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY
Name and Address of Insured NAIC 25941
THAMAR C MOORE
JOANNETTE M DRIVER-MOORE
CW3 USA RET
20208 EDDINGTON DR
CARSON CA 90746-3026
THAMAR C MOORE
JOANNETTE M DRIVER-MOORE
BOBBY C MOORE
UNITED SERVICES AUTOMOBILE ASSN
Policy Number Effective Date I Expiration 1
01521 47 12U 7101 0 1 11/17/22 05/17/23
VGMC Make/Vehicle 1GKS1AKC8FR709433 2015
This policy provides at least the minimum amounts of liability insurance
required by the CA VEH CODE SECTION 16056 for the specified vehicle and
named insureds and may provide coverage for other persons and other
vehicles as provided by the insurance policy.
------------------ba-----ck
-----------------------------
California Evidence of Financial Responsibility
Keep this card.
IMPORTANT: The California Financial Responsibility
Act (Section 16020) of the Vehicle Code requires every
owner or operator of a vehicle subject to the
requirements of the Financial Responsibility Act to carry
evidence of financial responsibility in the vehicle at all
times. Under vehicle code (Section 16028) every driver
f involved in an accident must provide evidence of
o financial responsibility at the scene. Failure to comply is
I an infraction and shall be punishable by fines,
d impoundment or license suspension.
Additional copies available at usaa.com
CONTACT US: 210-531-USAA(8722)
OR 800-531-USAA
9800 Fredericksburg Road, San Antonio, Texas 78288
03/31/23
For Roadside Assistance: 800-531-8555
Report a claim, get coverage and deductible information, request a tow from the
accident scene, schedule an appraisal or reserve a rental car using:
• usaa.com,
• USAA's Mobile App, or
• By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or
800-531—USAA.
Automobile Insurance Identification Card
This identification card is evidence of liability insurance for your vehicle. The card is valid only as long
as liability insurance remains in force.
You may be required to produce your identification card at vehicle registration or inspection, when
applying for a driver's license, following an accident or upon a law enforcement officer's request.
Keep a copy of the ID card in your vehicle at all times.
For your convenience, additional copies are available on usaa.com.
FNV 1 Rev. 08-16 50804-0816_0 1
1� 9800 Fredericksbtrg Road
San Antonio, Texas 78288
USAA`
NEVADA EVIDENCE OF MOTOR VEHICLE LIABILITY INSURANCE
COVERAGE MEETS REQUIREMENTS
OF NRS 485.185. THIS EVIDENCE OF
INSURANCE HAS BEEN APPROVED
BY THE NEVADA COMMISSIONER OF
INSURANCE, THIS EVIDENCE OF INSURANCE
MUST BE CARRIED IN THE
INSURED MOTOR VEHICLE FOR PRODUCTION
ON DEMAND.
Name
Policy Number 01706 37 86U 7106 2
DEREK L JOHNS
Effective Date 12/29/22
BRIDGET JOHNS
Expiration Date 06/29/23
TSGT USAF RET
1005 WINDING HILL ST
Year Make
2008 GMC
HENDERSON NV 89002-9417
Vehicle Identification Number
1 GTEC19068Z208736
UNITED SERVICES AUTOMOBILE ASSN 25941
CONTACT US: 210-531-USAA(8722) OR 800-531-USAA
Additional copies available at usaa.com
03/31/23
For Roadside Assistance: 800-531-8555
Report a claim, get coverage and deductible information, request a tow from the
accident scene, schedule an appraisal or reserve a rental car using:
• usaacom,
• USAA's Mobile App, or
• By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or
800-531-USAA.
Automobile Insurance Identification Card
This identification card is evidence of liability insurance for your vehicle. The card is valid only as long
as liability insurance remains in force.
You may be required to produce your identification card at vehicle registration or inspection, when
applying for a driver's license, following an accident or upon a law enforcement officer's request.
Keep a copy of the ID card in your vehicle at all times.
For your convenience, additional copies are available on usaa.com.
FNV 1 Rev. 08-16
50804-0816_01
Road
�S San Antonio, Texas9 7828s
USAA°
NEVADA EVIDENCE OF MOTOR VEHICLE LIABILITY INSURANCE
COVERAGE MEETS REQUIREMENTS
OF NRS 485.185. THIS EVIDENCE OF
INSURANCE HAS BEEN APPROVED
BY THE NEVADA COMMISSIONER OF
INSURANCE. THIS EVIDENCE OF INSURANCE MUST BE CARRIED IN THE
INSURED MOTOR VEHICLE FOR PRODUCTION ON DEMAND.
Name
Policy Number 01706 37 86U 7106 2
BRIDGET JOHNS
Effective Date 12/29/22
DEREK L JOHNS
Expiration Date 06/29/23
TSGT USAF RET
1005 WINDING HILL ST
Year Make
2016 LEXUS
HENDERSON NV 89002-9417
Vehicle Identification Number
JTHBK1 GG3G2220063
UNITED SERVICES AUTOMOBILE ASSN 25941
CONTACT US: 210-531-USAA(8722) OR 800-531-USAA
Additional copies available at usaa.com
03/31/23
For Roadside Assistance: 800-531-8555
Report a claim, get coverage and deductible information, request a tow from the
accident scene, schedule an appraisal or reserve a rental car using:
• usaacom,
• USAA's Mobile App, or
• By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or
800-531-USAA.
Automobile Insurance Identification Card
This identification card is evidence of liability insurance for your vehicle. The card is valid only as long
as liability insurance remains in force.
You may be required to produce your identification card at vehicle registration or inspection, when
applying for a driver's license, following an accident or upon a law enforcement officer's request.
Keep a copy of the ID card in your vehicle at all times.
For your convenience, additional copies are available on usaa.com.
FNV 1 Rev. 08-16
50804-0816_01
-------------------------------------------------------------------------------------------
98DO Fredericksburg Road
USAA. San Antonio, Texas 78286
NEVADA EVIDENCE OF MOTOR VEHICLE LIABILITY INSURANCE
COVERAGE MEETS REQUIREMENTS OF NRS 485.185. THIS EVIDENCE OF
INSURANCE HAS BEEN APPROVED BY THE NEVADA COMMISSIONER OF
INSURANCE. THIS EVIDENCE OF INSURANCE MUST BE CARRIED IN THE
INSURED MOTOR VEHICLE FOR PRODUCTION ON DEMAND.
Name Policy Number 01706 37 86U 7106 2
DEREK L JOHNS Effective Date 12/29/22
TSGT USAF RET
Expiration Date 06/29/23 1005 WINDING HILL ST Year Make
2018 FORD
HENDERSON NV 89002-9417
Vehicle Identification Number
3FA6POSU2JR123621
UNITED SERVICES AUTOMOBILE ASSN 25941
CONTACT US: 210-531-USAA(8722) OR 800-531-USAA
Additional copies available at usaa.com
I
A Mw P-111 orq lz'fo
44AM4 ow Comes SI—q- Be— L Cuter
March 31, 2023
This letter is to confirm that the non-profit, Fit Sistaz On The 1®, does not employee any employees and
its officers are Bridget Daniels, Joannette Driver -Moore and Cheryl Carter -Harris.
Please let us know if you have any questions.
Thank you,
Ch I Carter -Harris
Fit Sistaz On The 1, CEO
Fit 1 S The 1 I N V O I C E
176221 andldlake Ave
Carson, CA 90746
City of Carson Invoice # 0000001
701 E Carson St.
Carson, CA 90745 Invoice Date 03/24/2023
Due Date 03/24/2023
Item Description Unit Price Quantity Amount
Service Group fitness services for Fit Sistaz On The 1 420.00 2.00 840.00
NOTES: This invoice is for 50% of payment for group fitness services due ASAP at Veterans SportsComplex. Remaining
50% for services to be paid at end of 8 week services on 5/26/2023.
Subtotal 840.00
Total 840.00
Amount Paid 0.00
Balance Due $840.00