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HomeMy Public PortalAboutC-20-001 - GOODWILL AMENDMENT NO. 1 2023 APR 5AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY, a California 501(c)(3) nonprofit corporation ("Consultant"), is effective as of the 1" day of July, 2023. RECITALS A. City and Consultant entered into that certain Agreement for Contract Services dated the 1St day of January, 2020 ("Agreement"), whereby Consultant agreed to provide services related to routine cleaning and maintenance of all transit stops belonging to the City's fixed -route transit system. The Agreement provided for a contract term of three and one-half years, from January 1, 2020 until June 30, 2023, and a Contract Sum of $342,300. B. City and Consultant now desire to amend the Agreement to exercise the City's first of two options to extend the term of the Agreement for a one (1) year extension period pursuant to Section 3.4 of the Agreement, making its new expiration date June 30, 2024, and to increase the Contract Sum by $97,800, from $342,300 to $440,100, to fund the services for the extension period for the flat monthly fee of $8,150 as set forth in Exhibit "C" (Schedule of Compensation) of the Agreement. TERMS Contract Changes. The Agreement is amended as provided herein. A. Section 1. 10, "Prevailing Wages," of the Agreement is hereby amended to delete the existing title and text of the section in its entirety and replace it with the following: "1.10 Compliance with Labor and Wage Laws. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Consultant and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. -1- 01007.0001/860714.2 (c) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq.), then Consultant shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (e) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (g) Eight -Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (h) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties SM 01007.0001/860714.2 for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (11/2) times the basic rate of pay- (i) ay (i) Workers' Compensation, California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 0) Consultant's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor." B. Section 2. 1, "Contract Sum," of the Agreement is hereby amended to read in its entirety as follows (additions shown in bold italics, deletions in stilet): "2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. -3- 01007.0001/860714.2 The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Forty Thousand and One Hundred Dollars ($440,100) TbrreeHtmdred Ferty TwoThousand end Thfee Htmded Dollars ($342,MO) (the "Contract Sum"), unless additional compensation L is approved pursuant to Section 1.8." C. Section 3.4, "Term," of the Agreement is hereby amended to read in its entirety as follows (additions shown in bold italics, deletions in s ethrettgh): "3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for four and one-half (4.5) years (i. e. 54 months) *free and ene half (3." years (; e 42 months) from the effective date hereof (i.e. from January 1, 2020 through June 30, 2024 242-3). At City's option, and upon execution of a written agreement between the Parties, the foregoing Term may be extended for up to one (1) two (2) one-year extension periods." D. Section IV of Exhibit "C," "Schedule of Compensation," of the Agreement is hereby amended to read in its entirety as follows (additions shown in bold italics, deletions in stril�ethrettgh): "IV. The total compensation for the Services shall not exceed $440,100 $342,3 as provided in Section 2.1 of this Agreement." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each parry represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. -4- 01007.0001/860714.2 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -5- 01007.0001/860714.2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: is Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [brj; sap] CITY: CITY OF CARSON, a municipal corporation �--w 4-4�- 41aavis-Holmes, Mayor 4�gSON, C,9 � CONSULTANT: GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY, a iforni 501(c)(3) nonp ,ofi c oration By: ) r Name: Kimber y Hall Title: President By: Na: Jo ohl rtle: Vice President C r Address: 800 Pacific Coast Highway Long Beach, CA 90806 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. -6- 01007.0001/860714.2 M WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [brj; sap] CITY: CITY OF CARSON, a municipal corporation Lula Davis -Holmes, Mayor CONSULTANT: GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY, a iforni 501(c)(3) nonpr f c oration )v By: ) Name: Kimber y Hall Title: President By: Jo ohl itle: Vice President 4 C F Address: 800 Pacific Coast Highway Long Beach, CA 90806 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. -6- 01007.0001/860714.2 �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 6/2/2022 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 ONTA T NAME: Certificate Unit Edgewood Partners Insurance Center PHONE FAX 5909 Peachtree Dunwoody Road tAICE-MAIIN Etl:L0. 404-781-1700 No: ADDRESS: certificate@epicbrokers.com Suite 800 Atlanta GA 30328 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: EVEREST NATIONAL INSURANCE COMPANY 10120 INSURED INSURER B: Nonprofits' Insurance Alliance of California, Inc. 11845 Goodwill, Serving the People of Southern LA County DBA: Link Sign Language & Interpreting Services INSURER c: I INSURER D: 800 West Pacific Coast Highway Long Beach CA 90806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1377569362 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 2022-03683 6/1/2022 6/1/2023 EACH OCCURRENCE $3,000,000 CLAIMS -MADE � OCCUR DAMAGE R PREMISES Ea occurrence $500,000 MED EXP (Any one person) $ 20,000 PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X JECT POLICY ❑ PRO LOC PRODUCTS -COMP/OP AGG $ 3,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 2022-03683 6/1/2022 6/1/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO IX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident B X UMBRELLALIAB HCLAIMS-MADE OCCUR 2022-03683 6/1/2022 6/1/2023 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/ N Y CClWC00018-221 6/1/2022 6/1/2023 X STATUTE OH _.. E — E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / 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, to the extent required by written contract are additional insured on a primary and non-contributory basis with respect to general liability and auto liability. A waiver of subrogation applies in favor of the additional insureds to the extent required by written contract as allowed by applicable law with respect to general liability, auto liability and worker's compensation. INSURANCEAPPROVED W 7/12/2022 GAIVt+tLLA I WN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carson, Its Elected and Appointed Officers, ACCORDANCE WITH THE POLICY PROVISIONS. Employees, Volunteers and Agents 701 E. Carson Street AUTHORIZED REPRESENTATIVE Carson CA 90745 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2022-03683 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carson, its elected and appointed officers, employees, volunteers and agents A. Section II — WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury"caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III — LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or NIAC-E61 02 19 Page 1 of 2 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2022-03683 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Page 2 of 2 ,M NONPROFITS POLICY NUMBER: 2022-03683 FORM: NIAC-E26 11 17 NAMED INSURED: Goodwill, Serving the People of Southern Los Angeles INSURANCE county* ALLIANCE OF CALIFORNIA A Head for Insurance. A Heartfor Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: City of Carson, its elected and appointed officers, employees, volunteers and agents Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. NIAC-E26 11 17 Page 1 of 1 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2022-03683 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE ONLY In consideration of the premium charged, it is understood and agreed that the following is added as an additional insured: City of Carson, its elected and appointed officers, employees, volunteers and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) But only as respects a legally enforceable contractual agreement with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies. It is further understood and agreed that irrespective of the number of entities named as insureds under this policy, in no event shall the company's limits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsement. NIAC Al 03 91 Page 1 of 1 NONPROFITS INSURANCE �W ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefbmonproffts.org BUSINESS AUTO COVERAGE ADDITIONAL INSURED/LOSS PAYEE EXTENSION POLICY NUMBER: 2022-03683 Schedule AI Page 1 NAME OF INSURED: Goodwill, Serving the People of Southern Los Angeles County dba: Goodwill SOLAC, dba: Links Sign Language Interpreting Services, dba: Shred 4 Good ADDITIONAL INSUREDS / LOSS PAYEE Additional Insured - CA2001 2429 S Peck Rd. Whittier, CA 90601 As respects vehicle(s): ALL Additional Insured - NIAC Al California State University Dominguez Hills 1000 E Victoria Street Carson, CA 90747 As respects vehicle(s): ALL Additional Insured - NIAC Al Cerritos Community College District 11110 Alondra Blvd. Norwalk, CA 90650 As respects vehicle(s): ALL Additional Insured - NIAC Al City of Carson, its elected and appointed officers, employees, volunteers and agents 701 E Carson Street Carson, CA 90745 As respects vehicle(s): ALL Additional Insured - CA2001 CSU LA 5151 State University Dr. Los Angeles, CA 90032 As respects vehicle(s): ALL Additional Insured - NIAC Al Fullerton School District, Attn: Kolbe Khong 1401 W. Valencia Drive Fullerton, CA 92833 As respects vehicle(s): ALL COUNTERSIGNED: 5/21/2022 NIAC - SCHEDULE All - NPO BY (AUTHORIZED REPRESENTATIVE) POLICY NUMBER: 2022-03683 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Goodwill, Serving the People of Southern Los Angeles County* Endorsement Effective Date: 6/1/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): City of Carson, its elected and appointed officers, employees, volunteers and agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: CClWC00018-221 WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION City of Carson, its elected and appointed officers, employees, volunteers and agents JOB DESCRIPTION ALL OPERATIONS -1998 by the Workers' Compensation Insurance Rating Bureau of Califomia. Al rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. INSURED COPY POST -COUNCIL TUESDAY, MARCH 21, 2023 Recommendation: TAKE the following actions: 1. AWARD a five-year contract to Johnson Controls, Inc., to install complete video surveillance and access control systems, conditioned upon no bid protest being filed pursuant to the City's Purchasing Ordinance that results in any change to City's ability to award the contract to Johnson Controls, Inc. 2. AUTHORIZE the Mayor to execute contract with Johnson Controls, Inc., following approval as to form by the City Attorney. 3. AUTHORIZE the expenditure of construction contingencies in the amount of $774,846.61 (15%) for any unforeseen construction work and other work that may be necessary to complete this project. 4. APPROVE RESOLUTION NO. 23-044, "A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2022-23 PUBLIC SAFETY DEPARTMENT BUDGET, FOR THE INSTALLATION, MAINTENANCE AND MONITORING OF THE CITYWIDE VIDEO SURVEILLANCE AND ACCESS CONTROL SYSTEMS. Item No. 18. 2023-0186 CONSIDER CARSON'S 2022 ANNUAL HOUSING ELEMENT PROGRESS REPORT (CITY COUNCIL) Recommendation: TAKE the following actions: 1. REVIEW Carson's 2022 Annual Housing Element Progress Report. 2. RECEIVE and FILE. Item No. 19. 2023-0099 CONSIDER APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY FOR ROUTINE CLEANING AND MAINTENANCE OF CITY BUS STOPS (CITY COUNCIL) Recommendation: TAKE the following actions: 1. APPROVE Amendment No. 1 to Contract Services Agreement between the City and Goodwill, Serving the People of Southern Los Angeles County, a 501(c)(3) nonprofit corporation (Exhibit No. 1; "Amendment"); and 2. AUTHORIZE the Mayor to execute the Amendment, following approval as to form by the City Attorney. Item No. 20. 2023-0100 CONSIDER APPROVAL OF AMENDMENT NO. 3 TO THE AGREEMENT WITH ADMINISTRATIVE SERVICES COOPERATIVE, INC. FOR THE CITY'S DIAL -A -RIDE PROGRAM TO EXTEND THE CONTRACT TERM BY A ONE-YEAR PERIOD (CITY COUNCIL) Recommendation: Take the following actions: 1. APPROVE Amendment No. 3 to the Agreement for Contract Services with Administrative Services Cooperative, Inc. (Exhibit CITY OF CARSON Page 5 File #: 2023-0099, Version: 1 SUBJECT: CITY OF CARSON 701 E. Carson Street Report to Mayor and City Council Tuesday, March 21, 2023 Consent CONSIDER APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY FOR ROUTINE CLEANING AND MAINTENANCE OF CITY BUS STOPS (CITY COUNCIL) I. SUMMARY On January 1, 2020, the City entered into a contract services agreement with Goodwill, Serving the People of Southern Los Angeles County ("Goodwill") for routine cleaning and maintenance of bus stops belonging to the City's fixed -route transit system for the period of January 1, 2020 through June 30, 2023 (Exhibit No. 2; "Agreement"). Staff would now like to exercise the City's first of two options to extend the term of the Agreement for a one (1) year extension period. City Council is asked to approve Amendment No. 1 to the Agreement, which would: (i) extend the term of the Agreement by one additional year, through June 30, 2024; and (ii) increase the not -to -exceed contract sum by $97,800, from $342,300 to $440,100, to fund the services for the one-year extension period at the existing Agreement rate of $8,150 monthly. II. RECOMMENDATION TAKE the following actions: 1. APPROVE Amendment No. 1 to Contract Services Agreement between the City and Goodwill, Serving the People of Southern Los Angeles County, a 501(c)(3) nonprofit corporation (Exhibit No. 1; "Amendment"); and 2. AUTHORIZE the Mayor to execute the Amendment, following approval as to form by the City Attorney. III. ALTERNATIVES CITY OF CARSON Page 1 of 2 Printed on 3/13/2023 powered by Legistar­ 1 File M 2023-0099, Version: 1 TAKE another action the City Council deems appropriate. IV. BACKGROUND The City provides fixed -route bus service through an agreement with Long Beach Transit (LBT). Staff also operates the Carson Circuit, to supplement service provided by LBT. To oversee the maintenance of City -owned bus stops, the City entered into the Agreement with Goodwill for routine cleaning and maintenance of bus stops belonging to the City's fixed -route transit system, for an initial 3.5 year term from January 1, 2020 through June 30, 2023, with two City options to extend the term for additional one-year periods thereafter. Despite initial staffing issues relating to the Coronavirus pandemic, Goodwill has been able to provide routine cleaning and maintenance service to over 200 stops across the City under the Agreement. As the initial term of the Agreement is set to expire on June 30, 2023, staff would now like to exercise the City's first of two options to extend the term of the Agreement for a one (1) year extension period, making its new expiration date June 30, 2024. The proposed Amendment would exercise this option. It would also make an unrelated technical update to the Agreement's existing prevailing wage provision, to reflect the City's current form provision. To fund the services for the extension period, the Amendment would also increase the not -to -exceed Contract Sum by $97,800, from $342,300 to $440,100, which reflects the 12 additional months of services at the existing flat rate under the Agreement, not to exceed $8,150 monthly. V. FISCAL IMPACT None at this time. Should City Council approve the recommendation, funds for the first one -year period will be budgeted in Fiscal Year 2023-24 Proposition A account no. 218-90-940- 181-6004. VI. EXHIBITS 1. Draft Amendment No. 1 (pgs. 3-10). 2. Agreement (pgs. 11-50). Prepared by: Jason Jo, Transportation Program Manager CITY OF CARSON Page 2 of 2 Printed on 3/13/2023 powered by Legistar 1 2