HomeMy WebLinkAboutContracts & Agreements_224-2007_CCv0001.pdf AGREEMENT TO FURNISH CLEANING SERVICES
FOR FIRE FIGHTING TURNOUTS
This agreement for fire fighting cleaning services ("Agreement") is made and entered
(
into this
This
th day of December, 2007 ("Effective Effective Date"), by and between the City of Redlands, a
municipal corporation
sometimes individually referred to herein as a i CurtPa Sons "Consultant ). Ci
( ty and Consultant are
pry"and, together, as the "Parties."
In consideration of the mutual promises contained herein, City an
follows:
d Consultant agree as
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform cleaning se
rvice
fire fighting turnouts (the "Services').
s in connection with City's
1.2 The Services shall be performed b
represents that it has the skill and the professional expertise
yConsultant in a professional manner, and Consultant
Services to City at a level of competent necessary to provide the
professional consultants in the indust y presently maintained b
industry Providing like and similar y other practicing
types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly
"A," entitled "Scope of Contract," which is attached hereto andin described in Exhibit
this reference. incorporated herein by
2.2 Consultant shall tom 1
comply with all applicable Federal, State and local laws and regulations
in the performance of this Agreement including, but not limited to
Disabilities Act, the Fair Employment and Housin
and prevailing wage laws , the Americans with
g Act and all applicable Labor Code
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in it
Consultant in performing the Services. s possession that may assist
3.2 City will make reasonable provision.for Consultant to enter
required by Consultant, to perform the Services. upon City-owned property, as
3.3 City designates Batallion Chief Jim Topoleski as Ci s r
performance of the Services, and such person shall have the authority instructions, receit
ive information, interpret ll eprthena tho with respect to
respect to performance of the Services and define City's policies and decisionswithWWAgree'I.N.Curtis Agreement
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ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit"A" entitled"Scope of Contract."
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is determined
necessary by City for the proper completion of the project or work for which the Services
are being performed, but which the Parties did not reasonably anticipate would be
necessary at the time of execution of this Agreement. Provided the Extra Work does not
exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the
Services, such Extra Work may be agreed to by the Parties, by written amendment to this
Agreement, executed by City's City Manager. Consultant shall not perform, nor be
compensated for, Extra Work without such written authorization from City.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5.1 City shall pay Consultant on a time and materials, in accordance with Exhibit "B"
entitled"Pricing,"which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall issue an invoice to City upon completion of the Services. Consultant's
invoice shall include a description of the Services performed, the date the Services were
completed, the number of hours spent and by whom, and a description of reimbursable
expenses, if any. City shall pay Consultant no later than thirty (30) days after receipt and
approval by City of Consultant's invoice, provided the Services reflected in the invoice
were performed to the reasonable satisfaction of City in accordance with the terms of this
Agreement, that the number of hours of Services set forth in the invoice reflect the
amount of time ordinarily expended for such Services by members of the profession
currently practicing in the same locality under similar conditions, and further that all
expenses, rates and other information set forth in the invoice are consistent with the terms
and conditions of the Agreement.
5.3 All notices shall be given in writing by personal delivery or by United States mail.
Notices sent by mail should be addressed as follows:
Civ Consultant
City of Redlands Brent H. Fletcher
Redlands Fire Department L.N. Curtis & Sons
P.O. Box 3005 2600 East 8th Street
Redlands, CA 92373 Los Angeles, CA 90023
WWAgreeT.N.Curtis Agreement 2
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When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the
duration of its performance of the Services. Consultant shall not perform any Services
unless and until all required insurance listed below is obtained by Consultant. Consultant
shall provide City with certificates of insurance and endorsements evidencing such
insurance prior to commencement of the Services. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
6.2 Workers Compensation and Employer's Liability.
A. Consultant shall secure and maintain Workers Compensation and Employer's
Liability insurance throughout the duration of this Agreement in accordance with the
laws of the State of California, with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver
shall not apply to any damage resulting from the sole negligence of City, its employees or
agents. To the extent any of the damages referenced herein were caused by or resulted
from the concurrent negligence of City, its agents or employees, the obligations provided
herein to indemnify, defend and hold harmless are valid and enforceable only to the
extent of the negligence of Consultant, its officers, agents and employees.
6.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials, employees and agents from and against any and all
claims, losses or liability, including attorneys fees, arising from injury or death to
persons or damage to property occasioned by Consultant's and its officers', employees'
and agents' sole negligent acts or omissions in performing the Services.
6.4 Assignment, Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
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6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One-Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.6 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Consultant owned vehicles used in connection with
Consultant's provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
real property and shall not acquire any interest,direct or indirect, in the geographical area
covered by this Agreement or any other source of income, interest in real property or
investment which would be affected in any manner or degree by the performance of
Consultant's Services. Consultant further covenants and represents that in the
performance of its duties hereunder, no person having any such interest shall perform any
Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
DJM\AgreeAL.N.Curtis Agreement 4
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(v) granting City approval to a plan, design, report, study or similar item;
(vi) Adopting, or granting City approval of, policies, standards or guidelines
for City or for any subdivision thereof
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially all the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302.
7.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys Fees. In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Parry shall, in addition to any costs
and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees
for the use of in-house counsel of the Parties.
8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except
with the prior written approval of City and in strict compliance with the terms, and
conditions of this Agreement.
8.3 Documents and Records. All documents, records, drawings, designs, cost estimates,
electronic data files, databases and other documents developed by Consultant in
connection with its performance of the Services, and any copyright interest in such
documents, shall become the property of City and shall be delivered to City upon
completion of the Services, or upon the request of City. Any reuse of such documents,
and any use of incomplete documents, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and should perform the Services as an independent contractor.
Neither City nor any of its agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as herein set forth. Consultant shall supply all
tools and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of, or on behalf of City. Consultant shall have no authority, express or implied,
to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have
any authority, express or implied, to bind City to any obligation.
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8.5 Termination.
A. Unless earlier terminated, as provided for below, this Agreement shall terminate
upon completion and acceptance of the Services by City.
B. This Agreement may be terminated by City, in its sole discretion, by providing
five (5) business days prior written notice to Consultant (delivered by certified mail,
return receipt requested) of City's intent to terminate.
C. If this Agreement is terminated by City, an adjustment to Consultant's
compensation shall be made, but (1) no amount shall be allowed for anticipated profit or
unperformed services, and (2) any payment due Consultant at the time of termination
may be adjusted to the extent of any additional costs to City occasioned by any default by
Consultant.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
deliver or otherwise make available to City, copies (in both hard copy and electronic
form, where applicable) of any data, design calculations, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books, ledgers, invoices,
accounts and all other records and documents evidencing costs and expenses related to
the Services for a period of three(3) years, or for any longer period required by law, from
the date of final payment to Consultant pursuant to this Agreement. Such books shall be
available at all reasonable times for examination by City at the office of Consultant.
8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits incorporated
herein by reference, represents the entire agreement and understanding between the
Parties as to the matters contained herein, and any prior negotiations, written proposals or
verbal agreements relating to such matters are superseded by this Agreement. Any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate any of the remaining sentences, clauses,
paragraphs or sections contained herein, unless to do so would deprive a Party of a
material benefit of its bargain under this Agreement.
DJNf,Agree'J-.N.Curtis Agreement 6
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IN WITNESS WHEREOF, duty authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS
By:
Jon Harrison, Mayor
Attest:
i
' r
City .lerk
L.N. CU S SO S
By:
ame, Title
DMAgree'�L.N.Curtis Agreement 7
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EXHIBIT"A"
SCOPE OF CONTRACT
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TELEPHONE 2")7 0-14 254 �� � ���
FACSiM1LE(323 780-^»$4 d S & SOnsBRANCHES
OAKLAND„�,ALIF�iRs<tfA
EMERGENCY EQUIPMENT & SERVICE sine 1929 SALT
CITY.
TAH
2600 East 8`” Street • Los Angers, California 90023 SALT LE, CASH. GTO
SEATTLE,NJA5HINGTt:1Ct
September 13, 2007
To: B.C. Jim Topoleski
Redlands Fire Dept
From: Brent H. Fletcher
Pacific South Division Manager
RE: Annual PPE Cleaning Contract
B.C. Topoleski,
I am including pricing and some language that should assist you and your purchasing people in
putting together an annual cleaning contract for your fire fighting turnouts.
Advance Cleaning Program:
The Redlands Fire Department shall submit turnout ensembles (coat and pant) to L.N. Curtis &
sons for advanced cleaning and inspection on an annual basis. This program will machine clean
the element targeting all soil groups and is intended to disinfect as well as reduce or eliminate
contaminates containing toxins and carcinogens. This process will include the Advance
Inspection in addition to the required documentation to comply with NFPA 1851. Prices include
Advance Inspection, Record Keeping and Documentation.
Any and all necessary repairs or alterations will have an estimated quote to Redlands Fire
Department prior to the repairs or alterations taking place. Alterations and repairs will be quoted
from the published ECMS, May 7, 2007 price list.
If a garment is to be condemned, there will be No Charge to Redlands Fire Department and the
garment will be returned to the end user with proper documentation.
Transportation will be included in the price of the Advanced Inspection and Cleaning with the
following guidelines: The "Blue Barrel' program will be utilized which requires shipping a
minimum of six (6) pieces and a maximum of eight (8) pieces at one time. When the items are
completed we will ship back the finished goods in the same "blue barrel".
This agreement and pricing are good through April 30, 2008.
Payment terms shall be net 30.
Each Blue Barrel will take approximately 7 working days to complete.
MUNICIPAL AND INDUSTRIAL. FIRE PROTECTION AND SAFETY EQUIPMENT
AGREEMENT TO FURNISH CLEANING SERVICES
FOR FIRE FIGHTING TURNOUTS
This agreement for fire fighting cleaning services ("Agreement") is made and entered
into this I 8th day of December, 2007 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and L.N. Curtis & Sons ("Consultant"). City and Consultant are
sometimes individually referred to herein as a"Party"and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform cleaning services in connection with City's
fire fighting turnouts (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Contract," which is attached hereto and incorporated herein by
this reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act, the Fair Employment and Housing Act and all applicable Labor Code
and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as
required by Consultant, to perform the Services.
3.3 City designates Batallion Chief Jim Topoleski as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to perforinance of the Services.
DMAgree'l.N.Curtis Agreement
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ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit"A" entitled"Scope of Contract."
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is determined
necessary by City for the proper completion of the project or work for which the Services
are being performed, but which the Parties did not reasonably anticipate would be
necessary at the time of execution of this Agreement. Provided the Extra Work does not
exceed twenty percent(20%) of the compensation to be paid by City to Consultant for the
Services, such Extra Work may be agreed to by the Parties, by written amendment to this
Agreement, executed by City's City Manager. Consultant shall not perform, nor be
compensated for, Extra Work without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 City shall pay Consultant on a time and materials, in accordance with Exhibit "B"
entitled"Pricing,"which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall issue an invoice to City upon completion of the Services. Consultant's
invoice shall include a description of the Services performed, the date the Services were
completed, the number of hours spent and by whom, and a description of reimbursable
expenses, if any. City shall pay Consultant no later than thirty (30) days after receipt and
approval by City of Consultant's invoice, provided the Services reflected in the invoice
were performed to the reasonable satisfaction of City in accordance with the terms of this
Agreement, that the number of hours of Services set forth in the invoice reflect the
amount of time ordinarily expended for such Services by members of the profession
currently practicing in the same locality under similar conditions, and further that all
expenses, rates and other information set forth in the invoice are consistent with the terms
and conditions of the Agreement.
5.3 All notices shall be given in writing by personal delivery or by United States mail.
Notices sent by mail should be addressed as follows:
Ci1y Consultant
City of Redlands Brent H. Fletcher
Redlands Fire Department L.N. Curtis & Sons
P.O. Box 3005 2600 East 8th Street
Redlands, CA 92373 Los Angeles, CA 90023
WWAgreeT.N.Curtis Agreement 2
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When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 All insurance required by this Agreement shall be maintained by Consultant for the
duration of its performance of the Services. Consultant shall not perform any Services
unless and until all required insurance listed below is obtained by Consultant. Consultant
shall provide City with certificates of insurance and endorsements evidencing such
insurance prior to commencement of the Services. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
6.2 Workers Compensation and Employer's Liability.
A. Consultant shall secure and maintain Workers Compensation and Employer's
Liability insurance throughout the duration of this Agreement in accordance with the
laws of the State of California, with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver
shall not apply to any damage resulting from the sole negligence of City, its employees or
agents. To the extent any of the damages referenced herein were caused by or resulted
from the concurrent negligence of City, its agents or employees, the obligations provided
herein to indemnify, defend and hold harmless are valid and enforceable only to the
extent of the negligence of Consultant, its officers, agents and employees.
6.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials, employees and agents from and against any and all
claims, losses or liability, including attorneys fees, arising from injury or death to
persons or damage to property occasioned by Consultant's and its officers', employees'
and agents' sole negligent acts or omissions in performing the Services.
6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
DfNT\AgreeAL.N.Curtis Agreement 3
12-6-07 9:45 a.m.
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6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)
per occurrence and Two Million. Dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.6 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Consultant owned vehicles used in connection with
Consultant's provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
ARTICLE 7 - CONFLICTS OF INTEREST
TI Consultant covenants and represents that it does not have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the geographical area
covered by this Agreement or any other source of income, interest in real property or
investment which would be affected in any manner or degree by the performance of
Consultant's Services. Consultant further covenants and represents that in the
performance of its duties hereunder, no person having any such interest shall perform any
Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
DJM\Agree�L.N.Curtis Agreement 4
12-6-07 9:45 a.m.
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(v) granting City approval to a plan, design, report, study or similar item;
(vi) Adopting, or granting City approval of, policies, standards or guidelines
for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially all the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302.
7.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 Attorneys Fees. In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Party shall, in addition to any costs
and other relief,be entitled to the recovery of its reasonable attorneys' fees, including fees
for the use of in-house counsel of the Parties.
8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except
with the prior written approval of City and in strict compliance with the terms, and
conditions of this Agreement.
8.3 Documents and Records. All documents, records, drawings, designs, cost estimates,
electronic data files, databases and other documents developed by Consultant in
connection with its performance of the Services, and any copyright interest in such
documents, shall become the property of City and shall be delivered to City upon
completion of the Services, or upon the request of City. Any reuse of such documents,
and any use of incomplete documents, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and should perform the Services as an independent contractor.
Neither City nor any of its agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as herein set forth. Consultant shall supply all
tools and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel.
retained by it be deemed to have been employed by City or engaged by City for the
account of, or on behalf of City. Consultant shall have no authority, express or implied,
to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have
any authority, express or implied, to bind City to any obligation.
DMAgreeAL.N.Curtis Agreement 5
I2-6-07 9:45 a.m.
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8.5 Termination.
A. Unless earlier terminated, as provided for below, this Agreement shall terminate
upon completion and acceptance of the Services by City.
B. This Agreement may be terminated by City, in its sole discretion, by providing
five (5) business days prior written notice to Consultant (delivered by certified mail,
return receipt requested) of City's intent to terminate.
C. If this Agreement is terminated by City, an adjustment to Consultant's
compensation shall be made, but (1) no amount shall be allowed for anticipated profit or
unperformed services, and (2) any payment due Consultant at the time of termination
may be adjusted to the extent of any additional costs to City occasioned by any default by
Consultant.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
deliver or otherwise make available to City, copies (in both hard copy and electronic
form, where applicable) of any data, design calculations, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books, ledgers, invoices,
accounts and all other records and documents evidencing costs and expenses related to
the Services for a period of three(3) years, or for any longer period required by law, from
the date of final payment to Consultant pursuant to this Agreement. Such books shall be
available at all reasonable times for examination by City at the office of Consultant.
8.7 Entire Agreement/Amendment. This Agreement, including the Exhibits incorporated
herein by reference, represents the entire agreement and understanding between the
Parties as to the matters contained herein, and any prior negotiations, written proposals or
verbal agreements relating to such matters are superseded by this Agreement. Any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate any of the remaining sentences, clauses,
paragraphs or sections contained herein, unless to do so would deprive a Party of a
material benefit of its bargain under this Agreement.
DJM,AgreeAL.N.Curtis Agreement
12-6-07 9:45 a.m.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF R.EDLANDS
By:
Jon Harrison, Mayor
Attest:
City lerk
L.N. CU S SfA
By:
ame, Title � ”—Z
D3M1,Agree'S..N.Curtis Agreement 7
12-6-07 9:45 a.m.
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EXHIBIT"A"
SCOPE OF CONTRACT
UJM"AgreeAL.N,Curtis Agreement g
12-6-07 9:45 a.m.
TELEPHONE[323}7EG 0254 ■ BRANCHES
FACSIMILE(323)780 fd84 L.N.Curis & sons OAKLAND.CALIFORNIA
PHOENIX,ARIZONA
EMERGENCY EQUIPMENT & SERVICE since 1923
SALT LAKE CtTY,UTAH
2600 East 8m Street . Los Angeles, California 90023 SEATTLE,WASHINGTON
September 13, 2007
To: B.C. Jim Topoleski
Redlands Fire Dept
From: Brent H. Fletcher
Pacific South Division Manager
RE: Annual PPE Cleaning Contract
B.C. Topoleski,
I am including pricing and some language that should assist you and your purchasing people in
putting together an annual cleaning contract for your fire fighting turnouts.
Advance Cleaning Program:
The Redlands Fire Department shall submit turnout ensembles (coat and pant) to L.N. Curtis &
sons for advanced cleaning and inspection on an annual basis. This program will machine clean
the element targeting all soil groups and is intended to disinfect as well as reduce or eliminate
contaminates containing toxins and carcinogens. This process will include the Advance
Inspection in addition to the required documentation to comply with NFPA 1851. Prices include
Advance Inspection, Record Keeping and Documentation.
Any and all necessary repairs or alterations will have an estimated quote to Redlands Fire
Department prior to the repairs or alterations taking place. Alterations and repairs will be quoted
from the published ECMS, May 7, 2007 price list.
If a garment is to be condemned, there will be No Charge to Redlands Fire Department and the
garment will be returned to the end user with proper documentation.
Transportation will be included in the price of the Advanced Inspection and Cleaning with the
following guidelines: The "Blue Barrel" program will be utilized which requires shipping a
minimum of six (6) pieces and a maximum of eight (8) pieces at one time. When the items are
completed we will ship back the finished goods in the same "blue barrel".
This agreement and pricing are good through April 30, 2008.
Payment terms shall be net 30.
Each Blue Barrel will take approximately 7 working days to complete.
MUNICIPAL AND INDUSTRIAL FIRE PROTECTION AND SAFETY EQUIPMENT
PROGRAM REQUIREMENTS
FOR THE
INSPECTION AND MAINTENANCE OF
PROTECTIVE ENSEMBLES AND ENSEMBLE ELEMENTS
Introduction
It is the intent of this specification to provide for an inspection, care and maintenance 'Program' for
protective fire fighting ensembles.
It is the objective of this Program to:
1) Reduce the safety and health risks associated with soiled or damaged ensembles
and ensemble elements.
2) Extend and maximize the useful life of the ensemble and ensemble elements by
implementing a care and maintenance program.
Performance Requirements
ECMS, Inc, shall:
1) Comply with the care and maintenance guidelines provided by the manufacturer of
each element.
2) Comply with the requirements of the 2008 revision NFPA 1851, Standard on
Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting
and Proximity Fire Fighting.
3) Utilize materials, processes and/or procedures that are compliant with the applicable
NFPA 1971 Standard on Protective Ensembles for Structural Fire Fighting and
Proximity Fire Fighting.
4) Where applicable, have from the manufacturer, a letter recognizing ECIVIS, Inc. as
being qualified to perform care and maintenance on personal protective ensembles.
5) Have completed or engaged in verification testing as required by the 2008 revision of
NFPA 1851, Section 11.
6) Have completed or engaged in ISO 9001:2001 Certification,
I
Performance Requirements (continued)
7) Comply with all recommendations identified in the 2008 revision of NFPA 1851,
Section A.7.1.9
a) Specifically must be in compliance with:
• 29 CFR Part 1910, Subpart Z Hazardous Materials, Section
1910.1030 Bloodborne Pathogens, Occupational exposure to
blood or other potentially infectious materials.
• Section 1910.1200 Hazard Communication.
o Section 1910.1200 Appendix B Hazard Determination.
8) Have a written Quality Management System for all processes detailing at a minimum:
b) Process Guides.
c) Job Guides.
d) Measurements and analysis.
e) Recall procedures.
f) Employee training.
g) Internal audits.
h) Improvement procedures.
i) Customer complaints.
j) Quality Testing.
9) When specified, ECMS, Inc. shall complete the Advanced Cleaning, Advanced
Inspection, Repairs and Documentation within the agreed upon time.
• Extensions shall be acceptable if:
o Work Instructions were not provided or were not understandable.
o If reasonable cause can be shown requiring extension.
10)Shall have at all times, valid commercial liability insurance.
11)For structural Jacket and Trouser elements, be qualified to perform:
a) Advanced Inspections.
b) Advanced Cleaning.
c) Specialized Cleaning (hazardous material cleaning and decontamination).
12)For structural Jacket and Trouser elements, be qualified to perform:
a) Basic Repair identified in the 2008 revision of NFPA 1851, Section 8.3.
13)For structural Jacket and Trouser elements, be Verified to perform:
b) Advanced Repair identified in the 2008 revision of NFPA 1851, Section 8.4.
2
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Performance Requirements (continued)
14)For structural Helmet elements, be recognized by the manufacturer to perform:
a) Advanced Inspections.
b) Advanced Cleaning.
c) Specialized Cleaning.
d) Repair.
15)For structural Boot elements, be recognized by the manufacturer to perform:
a) Advanced Inspections.
b) Advanced Cleaning.
c) Specialized Cleaning.
16)ECMS, Inc. shall also be qualified to maintain protective ensembles used for:
• USAR, NFPA 1951
• Wildland, NFPA 1977
• EMS,NFPA 1999
Inspection Requirements
A. ECMS, Inc. shall perform an Advanced Inspection, per the requirements of the 2008 revision of
NFPA 1851, Section 6, for each ensemble element:
• Upon receipt.
• Prior to returning to service.
Record Keeping Requirements
A. ECMS, Inc. shall provide and maintain a data base record-keeping program meeting all of the
requirements of the 2008 revision of NFPA 1851, Section 4.3.
B. The data base shall provide an entry identifying:
• The organization
• User Name
• User Shift
All Elements assigned to user to include:
o Date of Manufacturer
o Serial Number
a Date of Issue
a Material Makeup
o Advanced Inspection
o Cleaning Type
■ Date completed
■ Technician Performing Cleaning
a Repair Type
• Dated completed
• Technician Performing Repairs
C. ECMS, Inc. shall employ the technology to scan and read the data off of all manufacturers`
barcodes.
D. For elements that do not have a barcode or where the barcode is damages, it shall be replaced.
• If the barcode is replaced, the number sequence shall be the same as the serial number.
3
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Cleaning Requirements
A. ECMS, Inc. shall provide a Gleaning Program that is compliant with the 2008 revision of NFPA
1851, Section 7.
• Water temperatures shall not be less than 95°F and shall not exceed 105°F.
• Primary detergent packages used directly by the extractor/washer shall not contain
chlorine bleach or products containing d-limonene agents.
• All detergents used shall have a Ph between 6.0 and 10.5 as indicated by the MSDS,
• The extractor/washer shall not exceed 100 Gs at any point during the cleaning process.
B. ECMS; Inc, shall implement disinfecting procedures intended to eliminate the hazards associated
with blood and other biological fluids for each ensemble element.
C. ELMS, Inc. shall perform an Advanced Cleaning, per the requirements of the 2008 revision of
NFPA 1851, Section 7, for each ensemble element:
D. When necessary, ECIVIS, Inc. shall perform Specialized Cleaning.
• As defined by the 2008 revision of NFPA 1851, this is hazardous material
decontamination and cleaning.
Repair Requirements
A. The service provider shall provide a Repair Program, compliant with the 2008 revision of NFPA
1851, Section 8.
B_ ECMS, Inc shall repair all deficiencies identified in the Advanced Inspection, prior to being
returned.
• Exceptions to this include:
When repairs cannot return the ensemble or ensemble to a safe and usable
condition.
The ensemble or ensemble element has exceeded its useful life.
c The repairs exceed the amounts identified below
■ 1 year --not to exceed 90% new
• 2 years—not to exceed 90% new
3 years— not to exceed 80% new
• 4 years—not to exceed 70% new
• 5 years —not to exceed 50% new
• 6 years--not to exceed 40% new
■ 7 years—not to exceed 30% new
8 years— not to exceed 20% new
• 9 years— not to exceed 10% new
■ 10 years—shall be retired
Storage Requirements
A. All elements in the possession of ECIVI , Inc. shall be stared per the 2008 revision of NFPA 1851,
Section 9.
4
Retirement and Disposition Requirements
A. ECMS, Inc shall provide a Retirement Program, compliant with the 2008 revision of NFPA 1851,
Section 10.
B. Elements shall be recommended for retirement when:
• Repairs cannot return the ensemble or ensemble to a safe and usable condition.
• The ensemble or ensemble element has exceeded its useful life.
• The repairs exceed the amounts identified in Repair Requirements.
• The element exceeds 10 years of age based on the date of manufacture.
C. For elements that are recommended to be retired, ECMS, Inc. shall.
1) Mark the applicable element with a tag, indicating "CONDEMNED".
2) Attach with the documentation, a report indicating why the element was condemned.
• Condemned report shall also indicate if element can be used for non-fire training
o As required by the 2008 revision of NFPA 1851, Section 10, elements utilized
for non-fire training shall be marked.
■ ECMS, Inc. shall mark the jacket, trouser and, helmet elements, with a
band of white reflective trim around each arm, leg and, helmet crown.
3) Be returned or disposed of, as per instructions from the organization.
Return Requirements and Documentation
A, All elements shall be returned placed in a clear protective bag.
B. Each bag shall also have a label affixed providing the following information:
• Item
• Size
• Department Name
• Fire Fighter blame
• Date of Service
5
EXHIBIT'`B"
PRICING
DEM',Agrec':Liv.Curtis.Agrecment
9
I0-f S-07 :?5 a.m.
PAGE 2, CONT
PRICING
ELEMENT PRICE PER ELEMENT/SHIPPNG
CODE
Structural Jacket $53.00 each
Structural PantACSJ
$53.00 each
ACST
We Took forward to putting this program together with you andaur
am confident that this is an important step for the Redlands Fire Department
take in order to comply with NFPA 1851 and most importantly...y department. I
work place for the men and women with in the department.
provide a safer
to
Regards;
Brent H. Fletcher
a,