CONTRACT 6265 One Page Service AgreementAgreement No. 6265
12 Services Agreement
CONTRACTOR: a1= DATE MAILED: D1Ld22Z_
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include, Commercial general liability insurance must rneet or exceed the requirements of ISC.CGL Form No. CG 00 011185 or
88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage, of at least $ 1,000,000 per occurrence.
Auto Liability, including owned, non -owned and hired vehicles with at least:
Z $1,000,000 per occurrence.
Fj $100,000 - 300,000 per occurrence.
[I As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company,
Workers' Compensation Insurance: as required by State Statutes, (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
Business License- The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
El Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Copy of valid picture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERMURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Submitted by (complete all blanks): COL.01,`� C'OPY BACK f0 TH�(E C`re
Company Name:
By (Print name & title
v
FIRE GATT LLC
Jim Ferguson
Company Street Address:
Vendors Authorized reirbquired:
3250 West Big Beaver Rd, Suite 544
�i)Aa
City, State, Zip:
Date signed: F
Troy, MI 48084
01/18/2022
Phone:
FAX:
248-643-7200
248-643-4540
Vendor's Email address:
Vendor's Web site:
Jim Ferguson <jferguson@firecatt.com>
www.firecatt.com
Mail original agreement and insurance to: City of El Sag
Originator/Department Contact Carol t ynn Urner � g
Department Head Approval:
Insurance Approval:
City Art rney
i
._(1) Page Services Agreement with check boxes
City Manager
City Clerk 350 Main Street Room 5, El Segundo, CA 90245-3813
0 "1
Date initiated: I 1 0 1fw
Date Approved: 12 tl/ U2,
Date Anod; 024/2022
N/A ;A for
City Clerk
1/21122
reement No. 616b
1.GENERALLY. The materials, supplies, or services (collectively, "Purchase")
covered by this services agreement and purchase order ("order") must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seller, in accepting this order, agrees to be bound by and comply with in
all particulars. No other terms or conditions are binding upon the parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified acceptance
of all terms and conditions in this order. The terms of any proposal referred to in
this order are included and made a part of the order only to the extent it specified
the Purchase ordered, the price, and the delivery, and then only to the extent
that such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects in Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and test by
City at all times and places. If, before final acceptance, any any Purchase is
found to be incomplete, or not as specified, City may reject it, require Seller to
correct it without charge, or require delivery of such Purchase at a reduction in
price that is equitable under the circumstances. If seller is unable or refuses to
correct such items within a time deemed reasonable by City, City may terminate
the order in whole or in part. Seller bears all risks as to rejected Purchases and,
in addition to any costs for which Seller may become liable to City under other
provisions of this order, must reimburse City for all transportation costs, other
related costs incurred, or payments to Seller in accordance with the terms of this
order for unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as
constitute fraud.
3.CHANGES. City may make changes within the general scope of this order in
drawings and specifications for specially manufactured supplies, place of
delivery, method of shipment or packing of the order by giving notice to Seller
and subsequently confirming such changes in writing. If such changes affect the
cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made. No change by Seller is
allowed without City's written approval. Any claim by Seller for an adjustment
under this section must be made in writing within thirty (30) days from the date of
receipt by Seller of notification of such change unless City waives this condition
in writing. Nothing in this section excuses Seller from proceeding with
performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or in
writing, with or without cause. Should termination occur, City will pay Seller as
full performance until such termination the unit or pro rata order price for the
performed and accepted portion of the Purchase. City may provide written
notice of termination for Seller's default if Seller refuses or fails to comply with
this order. If Seller does not cure such failure within a reasonable time period, or
fails to perform the Purchase within the time specified (or allowed by extension),
Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's control
and without Seller's fault or negligence. In the event delay was caused by City,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly
from Seller to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of the Purchase or the order, or
their performance. Should City be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not,
arising out of the Purchase or order, or their performance, Seller will defend City
(at City's request and with counsel satisfactory to City) and indemnify City for
any judgment rendered against it or any sums paid out in settlement or
otherwise. For purposes of this section "City" includes City's officers, elected
officials, and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The requirements as
to the types and limits of insurance coverage to be maintained by Seller, and any
approval of such insurance by City, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by Seller
pursuant to this order, including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller gives to any customer for the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified in this order. Warranties will be effective
notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due
under this order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller from any
obligations under this order and any transferee or subcontractor will be
considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits City provides for its employees. Any
provision in this order that may appear to give City the right to direct Seller as to
the details of doing the work or to exercise a measure of control over the work
means that Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seller under this order will not be construed to operate as a waiver
of any rights City may have under this Agreement or of any cause of action
arising from Seller's performance. A waiver by City of any breach of any term,
covenant, or condition contained in this order will not be deemed to be a waiver
of any subsequent breach of the same or any other term, covenant, or condition
contained in this order, whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement will be in Los Angeles County.
17.PREVAILING WAGES. If required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
1775, and 1776, CONTRACTOR must pay its workers prevailing wage. It is
CONTRACTOR'S responsibility to interpret and implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resulting from a violation of the prevailing wage laws. In accordance with Labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available
upon request from CITY's Engineering Division or the website for State of
California Prevailing wage determination at http://www.dir.ca.g v/DLSR/PWD. A
copy of the prevailing rate of per diem wages must be posted at the job site.
16.CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of four thousand nine
hundred dollars ($4,900 dollars) for the work. CITY will pay for work as specified
in the attached Exhibit 'A" which is incorporated by reference.
Services to include:
Refer to attached Exhibit "A"
2022-01-18 Fire Catt One -Page Services Agreement with Prevailing Wages
1 /24/22
Agreement No. 6265
3250 West Big Beaver Ste., 544 Troy, MI 48084
www.firecatt.com
248-643-7200 Fax 248-643-4540
Service Test Agreement
Fire Department:
P.O. Number:
Annual Testing for Years:
City of El Segundo Fire Department
2022, 2023, 2024
314 Main Street
El Segundo, CA 90245
Fire Department Contact:
Mobile/Emergency
Email:
Captain — Levi Larkin
Contact Phone:
Ilarkin@elsegundo.org
949-412-9197
Test Season Requested: circle Jan. -Mar. I Aril - June I Jul — Sept. Oct. — Dec.
Estimated Hose
Footage:
FireCatt Option:
Price Per
Foot:
Total Annual
Cost:
14,000'
Option 1 All FireCatt Labor
$0.35
$4,900
Estimated Ground
Ladder Footage:
TBD
Ladders tested simultaneously with hose
$2.00
$ TBD
Grand Total
$4,900
Terms: Due upon receipt, in the event payment is not made within 45 days, a service charge of 1% per
month for all outstanding balances will be due FireCatt. Due to the unpredictability of energy, travel, &
labor expense post COVID-19, pricing is subject to annual cost of living adjustments or an appropriate
surcharge. (waived for first 3 years of contract) Pricing is based on Fire Departments estimate of footage,
invoicing is based on actual feet tested. Hose report is documented on a per department basis.
Documentation on a per apparatus or station basis must be pre -arranged and subject to additional cost.
Fire Hose 'resting Service Includes:
• Service pressure test per NFPA 1962 Standard latest edition, patented technology designed for
safety, accuracy, and speed
• Identification number assigned to each length of hose using a FireCatt bar code label on each
coupling and redundant marking on the hose jacket at each end
• Inspect -outer jacket, inner liner, coupling, and threads
• Inspect gaskets, replace as required
• Lubricate all couplings using fire hose manufacturer approved 100% silicone lubricant
• Lubricate all apparatus connection points using marine grade "Never Seize"
• Tag all defective hose, mark defect location on hose, remove from service
• Record all data accurately, provide testing report in hard copy, electronically that can dovetail into
your existing software, and via internet access on our secure servers
• Unload and reload all hose to meet your specifications when FireCatt labor is provided
Agreement No. 6265
Ground Ladder Testing Service Includes:
• Service Test per NFPA 1932 Standard latest edition, using digital load cell technology
• Identification number assigned to each ladder using a FireCatt bar code label
• Heat sensor label applied to each ladder if current label is out of date
• Report data as outlined above
Customer Responsibilities:
At FireCatt our number one goal is 100% Customer Satisfaction while providing the Fastest, Safest,
MOST Accurate fire hose and ground ladder testing in the Nation!
Experience has shown us that annual service testing REQUIRES a Collaborative Approach to ensure a
successful testing program!
Therefore, the Customer Responsibilities are as follows:
1. Test Site: Provide a paved test site (asphalt or concrete — grass or gravel are NOT acceptable)
with minimum dimensions of 300' x 60'. The larger the test site the more efficient the test process.
Note: if the test site requires third party approval, the Fire Department must obtain this approval
prior to FireCatt's arrival.
2. Water Source: Water for testing to be provided via fire hydrant. In those communities where fire
hydrants are not available a standpipe or tender may be used. FireCatt requires a minimum of 35
psi from any water source. The Fire Department is required to operate their tender.
3. Rack/Spare fire hose: The FireCatt test process begins with testing spare fire hose. The Fire
Department must have all spare hose at the test site by 8:OOam the first day of testing. Apparatus
hose test to follow spare hose test.
4. Onsite Contact: The Fire Department must provide an on -site single point of contact with
authority for directing the days testing and who will be responsible for the following:
a. Driving apparatus including driving out Large Diameter Hose. NOTE: FireCatt WILL NOT
drive fore department_a aratu!
b. Reviewing FireCatt's Pre -Test Survey with the FireCatt Team Leader so that all parties are
on the same page for the test day expectations.
c. Insure the timely presentation of apparatus/hose for testing. The FireCatt/Fire Department
cadence must match up to avoid down time. FireCatt would prefer to have the next apparatus
for testing on -site 30 minutes prior to testing of that apparatus. This will ensure the most
efficient test process.
d. Reviewing and signing off on each individual FireCatt Apparatus Doc Sheet indicating that
FireCatt has re -loaded your apparatus correctly.
5. Out of Service Apparatus: It is the responsibility of the Fire Department to ensure all fire
hose/Ground ladders are presented for testing. FireCatt's schedule does not allow for returning to
test out of service apparatus hose.
6. Fire Department Labor: FireCatt Option 2 requires the Fire Department to re -load their
apparatus. If Option 2 applies to your department, you must have the appropriate number of fire
fighters engaged in the process to match the cadence of the FireCatt test process.
7. Special Requests: Any special requests or "change orders" outside of the FireCatt
quotation/agreement MUST be negotiated prior to the first day of testing.
8. Cancellation Policy: Any last-minute cancellations will be subject to a cancellation fee to cover
any costs of travel incurred to service your department.
Agreement No. 6265
Pare 13
I have read and accept the terms of the agreement including customer responsibilities: Fire Catt, LLC will
inspect, and service test all noted equipment in accordance with the standards of NFPA as set forth. It is
expressly understood and agreed that Fire Catt shall not be deemed or held liable, obligated, or
accountable upon or under any guarantees or warranties, express or implied, statutory, by operation of
the law, or otherwise, relative to the use of any tested equipment immediately after the date of inspection.
Furthermore, Fire Catt, will not be held liable, obligated, or accountable for any equipment that fails during
the testing under specified conditions and pressures. Testing methods used may be protected under the
United States Patent Number 8,554,497.
Print name and title
Authorized Signature:
Date:
Fire att...the Fastest, Safest, MOST Accurate fire hose testing company in the Nation!