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HomeMy WebLinkAboutCalifornia-PPE Recon; 2024-07-01; Page 1 City Attorney Approved Version 5/22/2024 AGREEMENT FOR FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT CLEANING, INSPECTION, REPAIR, AND RENTAL SERVICES CALIFORNIA-PPE RECON, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and California-PPE Recon, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a company that is experienced in advanced cleaning, inspection, repair, and rentals of structural firefighting personal protective equipment. B. Contractor has the necessary experience in providing professional services and advice related to structural firefighting personal protective equipment. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) years or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000.00) per DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 1st July 24 Page 2 City Attorney Approved Version 5/22/2024 Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 Page 3 City Attorney Approved Version 5/22/2024 the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 Page 4 City Attorney Approved Version 5/22/2024 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 Page 5 City Attorney Approved Version 5/22/2024 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Jordan Garcia Name Mike Glaze Title PPE Officer Title Project Manager Dept Fire Department Address 6120 Wilderness Avenue CITY OF CARLSBAD RIVERSIDE, CA 92504 Address 2560 Orion Way Phone 951-398-4115 Carlsbad, CA 92010 Email mike@california-ppe.com Phone 442-339-2141 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 6 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 7 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. // // // DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California California-PPE Recon, a California corporation By: By: (sign here) MICHAEL CALDERWOOD, Fire Chief Glyn Glaze Jr., CEO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Aryne Glaze, CFO/Secretary Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 24th 24June City Attorney Approved Version 5/22/2024 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE California-PPE Recon, Inc. (Contractor) shall provide all materials, labor, equipment, tools, taxes, transportation, and fees to clean, inspect, repair, and rent structural firefighting personal protective equipment (PPE) to the City of Carlsbad Fire Department (City) as described below. Performance Requirements  Contractor shall be a National Fire Protection Association (NFPA) Verified Independent Service Provider (ISP).  Contractor shall be certified to service LION turnout coats and pants and comply with manufacturer’s care and maintenance guidelines of each element.  Contractor shall service and guarantee completion of work without voiding the original manufacturer’s warranty.  Contractor shall utilize materials, processes, and procedures that comply with the newest editions of NFPA 1971 Standard on Protective Ensembles for Structure Fire Fighting and Proximity Fire Fighting and NFPA 1851 Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.  Contractor shall comply with Occupational Safety and Health Administration (OSHA) regulations. Advanced Inspection and Advanced Cleaning Guidelines  Contractor shall provide advanced cleanings at a minimum of every six (6) months.  Contractor shall provide advanced inspections annually.  Contractor shall document all advanced cleaning and inspection records and findings.  Contractor shall provide specialized cleanings for decontamination upon request. This includes items contaminated with hazardous materials like diesel fuel, gasoline, hydraulic oil, insecticides, pesticides, asbestos acids, and other hazardous chemicals including biohazards such as blood, vomit, etc. Repair Guidelines  Contractor shall contact City PPE Officer for approval before conducting any repair(s) identified in an advanced inspection.  City PPE Officer shall reply to Contractor within five (5) business days for approval or denial of repairs and associated costs.  A verified ISP shall perform all repairs on structural and proximity garments. A structured continuing education program must be in place, so all sewers are knowledgeable with current NFPA standards and guidelines.  Contractor shall ensure repairs and alterations keep garment elements in accordance with City specifications. All repairs and alterations must be conducted in accordance with manufacturer instructions using materials and methods, including fabric, thread type, seam construction, hardware and hardware backing, in accordance with applicable NFPA standards.  Repairs and alterations shall be performed to keep the garment “fit for service”.  Contractor shall conduct a final inspection of repairs to guarantee that all work performed meets or exceeds NFPA standards. DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 10 Recordkeeping Requirements  Contractor shall be responsible for tracking and maintaining all cleaning, inspection, repair, and alteration records in accordance with NFPA and OSHA regulations.  Contractor shall utilize a tracking system acceptable to the City.  All information regarding inspections, cleaning, repairs, and other maintenance shall be available upon request and provided in a format that is able to be extracted for data collection and retention.  Contractor shall provide and maintain a database recordkeeping program meeting all requirements of NFPA 1851 including: o Information of Organization o Name of Firefighter o Issued Date and Condition o Manufactured Month and Year o Material Makeup o Advanced Inspection o Cleaning Type o Date Completed o Technician Performing Cleaning o Repair Type o Date Completed o Technician Performing Repair Storage Requirements  Ensemble elements shall not be stored in direct sunlight.  Ensemble elements shall not be stored in airtight containers unless new and unissued.  Ensemble elements shall be clean and dry before storage. Inspection Requirements  City shall conduct random audits of cleaning and repair process as deemed necessary.  Contractor shall provide inspection data and trend analysis to help determine the source of any abnormal deterioration in gear. All test results shall be recorded and available to City.  Contractor shall not dispose of any gear without prior approval of the City PPE Officer. Delivery & Payment Schedules  Contractor shall perform all services at its business location.  Contractor shall pick-up and drop-off PPE at the following address. City of Carlsbad Fire Station 5 2540 Orion Way Carlsbad, CA 92010  Contractor shall schedule delivery times with the City PPE Officer.  Contractor shall return PPE after completing cleanings, inspections, and approved repairs within fifteen (15) calendar days from pick-up. If additional time is needed, City and Contractor must agree upon an extended delivery date based on reasonable cause like hazardous materials, flammable liquids, major repairs, etc. DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 11  A late delivery charge will be assessed for delays beyond specified delivery date, in the amount of five percent (5%) of unit cleaning cost per calendar day.  All charges for cleanings, inspections, and repairs will be invoiced monthly according to the price lists attached and incorporated herein by this reference as Exhibit B and Exhibit C. Rental Guidelines Contractor will rent turnout gear to City as needed for trainings, probationary hires and while waiting for delivery of custom turnout coats and pants. Rental gear must comply with all requirements of NFPA 1971 and NFPA 1851. Contractor will clean, inspect, and repair turnout gear prior to each rental period. Turnout coats and pants must always be the same color and from the same manufacturer. Rental Terms and Conditions 1. Ownership of Gear All rental turnout gear shall remain the full property of Contractor. City shall use the rental turnout gear for a limited amount of time and only for personal, non-commercial, and non-transferable use. City will lose rights to the rented gear at the end of the rental period. All rented gear must be returned to the Contractor. City will have no option to purchase the rental gear. 2. Use of Gear The rented gear shall be used in a manner for which it is intended consistent with NFPA 1500 Standard on Fire Department Occupational Safety, Health and Wellness Program guidelines and for no other purposes. 3. Replacement Gear Any rental issues will be addressed at no cost if reported within the first week of the rental period. 4. Charges and/or Replacement Costs of Gear Normal wear and tear, including worn areas, damaged closure systems, and soiling are included in the rental fee. City shall bear the expense and cost of any loss, damage, or destruction to the rental gear not considered “normal wear and tear”. City shall notify Contractor of any repairs needed in a timely manner. All repairs of whatsoever nature and kind shall be made by the Contractor only. City will be notified of any charges from excessive repairs in advance. City shall be liable and invoiced based on the following replacement costs. Rental Bunker Coat and Pant Replacement Costs Age of Gear in Years Percentage of Cost Replacement Cost 0-1 100% $4,300.00 1-2 85% $3,440.00 2-3 65% $2,795.00 3-5 40% $1,720.00 5-10 20% $860.00 DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 City Attorney Approved Version 5/22/2024 Page 12 Additional Items Item Replacement Cost Bunker Coat Only $2,580.00 Bunker Pant Only $1,720.00 Suspenders $230.00 Belt $180.00 5. Care Instructions for Gear  Rental gear shall not be stored or exposed to direct sunlight while not being worn.  The rental coat cannot be used for drag training which will cause significant damage to the garment. The drag rescue device in the back of the coat is for emergencies only.  Rental gear should be returned dirty to Contractor. There is no charge for cleaning upon return. If rental gear is washed by City: o Extractors must be programmed to NFPA 1851 standards. Contractor will verify correct programming if unsure. o Citro Squeeze is the only allowed detergent. Contractor must approve any alternative detergent before washing.  Advanced cleanings are $50.00 per set with a 72-hour maximum turnaround time. Contractor is responsible for drop-off and pick-up of rental gear.  Repairs must be done by Contractor. 6. Return of Gear City agrees to surrender the rented gear in as good order as received by Contractor at the end of the rental period, subject to normal wear and tear, or pay for the loss or repairs. Contractor is responsible for drop-off and pick-up of rental gear at the address below. Contractor will schedule delivery times with the City PPE Officer. City of Carlsbad Fire Station 5 2540 Orion Way Carlsbad, CA 92010 7. Rental Price of Gear Gear shall be rented and invoiced on a monthly basis based on the fees listed below. Rental Gear Monthly Rental Fee Bunker Coat only $100.00 Bunker Pant only $100.00 Bunker Set with Pant and Coat $199.00 Compensation shall not exceed forty-five thousand dollars ($45,000.00) per agreement year. DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 Cleaning Price List ITEM LIST PRICE Turnout Coat & Liner Advanced Cleaning & Inspection $25.00 Turnout Coat Liner Hydrostatic Inspection $15.00 Turnout Pant & Liner Advanced Cleaning & Inspection $25.00 Turnout Pant Liner Hydrostatic Inspection. $15.00 Gloves Cleaning $10.00 Helmet Cleaning $28.50 Shroud Cleaning $4.00 Hood Cleaning $5.00 Boot Cleaning & Conditioning $39.00 Heavy Contamination: There is a spotting charge of $5 - $15 per garment for heavy stain removal such as tar, oil and fuel removal. Blood/Borne Pathogen Decontamination: There is a $30 charge per garment for blood/borne pathogen decontamination. Haz-mat: There is a charge of $10 - $25 per garment for decontamination depending upon the contaminant. Prices will be quoted per incident basis. All cleaning and repair methods are in accordance to industry guidelines and are NFPA compliant. Our cleaning and repair process will not void manufacturer’s warranty. Exhibit BDocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 CALIF0 RNIAPPE PERSONAL PROTECTIVE EQUIPMENT RECON Repair Price List LINER REPAIRS Moisture Barrier Patch $14.00 Thermal Liner Patch $17.50 HARDWARE Replace Hook $6.00 Replace D-Ring $5.00 Replace Snap/Button $3.50 Replace Rivet/Grommet $3.50 REFLECTIVE TRIPLE TRIM Bellow Pocket $28.00 Radio Pocket $18.00 Chest $67.00 Sleeve/Pant Ankle $34.00 VELCRO Bellow Pocket $14.00 Radio Pocket $14.50 Storm Flap $22.00 Throat Tab $13.50 Inside Collar $16.00 Cuff $14.00 Pant Fly $18.00 COAT & PANT REPAIRS Bartack $4.00 Restitch Existing Trim $4.00 Restitch Existing Seam $4.00 Outer Shell Patch 1-3” $18.00 Outer Shell Patch 4-7” $23.00 Outer Shell Patch 8-12” $31.00 Replace Belt Loop $25.00 Replace Thumbhole Wristlet $29.00 Replace Knee Pad Stedshield $49.00 Pant Cuff Stedshield Patch SM $14.00 Pant Cuff Stedshield Patch MD $22.00 ALTERATIONS Replace Zipper $42.00 Replace Cuff $29.00 Replace Elbow Pad $48.00 Replace Collar $29.00 Replace Wristlet $29.00 Exhibit CDocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 CALIF0 RNIAPPE PERSONAL PROTECTIVE EQUIPMENT RECON 06/13/2024 BLANKET ADDITIONAL INSURED AND PRIMERY NON-CONTRIBUTORY APPLY TO THE GENERAL LIABILITY CITY OF CARLSBAD 2560 ORION WAY CARLSBAD CA 92010 DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1NAME~--· JOE~MLANlt AMLANl1J',ISURANCE~GENCYt wgN:o Extl: 909;4394~619 lc..vc, No): 909;4394~619 127nTATE$Tt ioDRESS: JOE@AMLANIINSURANCEAGENCY.COM STEt06 INSURER(S) AFFORDING COVERAGE NAIC# REDLANDS CA 92373 INSURER A : EVANSTONf\lSURANCEiOMPANY INSURED INSURERB : REDWOODlflRE~NDiASUAL TYlJ',ISURANCEiOM CALIFORNIAf PE,ECONf'JCt INSURERC : 6120't'JILDERNESSf.VE INSURERD : INSURERE: RIVERSIDE CA 92504 INSURERF: 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. 1·r;R TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMn>oNm') (MM1cioivmi LIMITS ,c COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE □ OCCUR '-"f"\1¥11"\VI.. IU "'-l'IICU $ 100,000 PREMISES (Ea occurrence) MED EXP (Any one person) $ 5,000· -A y y 2AA393347 10/13/2023 10/13/2024 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ □PRO-□LOG PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY (Ea accidentf'N<.;Lt: LIMI' $ 1,000,000 -ANY AUTO BODILY INJURY (Per person) $ B -OWNED ,c SCHEDULED y y 01APM040174;()1 10/16/2023 10/16/2024 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ,c HIRED ,-'--){ NON-OWNED ~~ I T UAMAl.ot: $ AUTOS ONLY ~ AUTOSONLY (Per accident) UNINSURED"71OTORI: $ 1,000,000 UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ 2,000,000 A -y y EZXS3157987 05/15/2024 10/13/2024 2,000,000 ,c EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION l~f.~TUTE I IERn-AND EMPLOYERS' LIABILITY Y/N ~·y PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ FICER/MEMBER EXCLUDED? Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 111 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 2AA393347 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE I Additional Premium: $500 (Check box if fully earned [8]) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT E-MAILADDRESS: (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ SUBRWVDADDLINSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANYP ROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY PRODUCER FAX (A/C, No): PAYCHEX INSURANCE AGENCY, INC. 225 KENNETH DRIVE ROCHESTER, NY 14623 06/18/2024 California PPE Recon Inc 6120 Wilderness Ave Riverside, CA 92504 Paychex Insurance Agency, Inc. 877-266-6850 FlexCerts@paychex.com Technology Insurance Company 42376 A Y NA N TWC4295854 07/15/2023 07/15/2024 8 1,000,000 1,000,000 1,000,000 Cleaning, Inspection and repair of Fire Department Safety Gear City of Carlsbad 2560 Orion Way Carlsbad, CA 92010 DocuSign Envelope ID: 7D2E9B05-C3D2-49CF-9E44-37DD59189944 ACORD® I ~ ,.,......--, I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I