CONTRACT 7167 One Page Service AgreementAgreement No. 7167
Services Agreement
CONTRACTOR Fire Can, LLC DATE: 12110024
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the mimmurn requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO•CGL Form No. CG 20 10 11185 or
equivalent 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 sald 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.
®Q onr reltensuve Cerroeral f�iaiai 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:
® $1,000,000 per occurrence.
❑ 10000 - 300 000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® ori�pr otrrg atrwsahon In urance: as required by State Statutes with Wailer of Subro aCion, (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect.)
® Bstnrss tic erase: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (al no cost to the City).
❑ 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.
❑ .y o yalid Ictur d.ITl . (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 PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
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Company Name: By (Print name & ti0el:
Fire Call, LLC Marc Radeck ,
_.._. Mener
SagCon an S ea Address Vendor'sAurd d rylrQll
3250 West 8Ji Beaver Rd,, Suite 544 a
Cdy, State, zip: Dale signed:'
7rn „Mrs 1.48084
Phone: FAX
714 345-0066 °
Vzndor'sEmailadrtre s: Ve ®.
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riginalorlDeparlmenlCo nlacl tss d4r1 Date initiated: 12-10.2024 O
Department Head Approval: _ .m° Date Approved: J 7
Insurance, I'll a 0 �
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City Allomey City Manager City Clerk
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Agreement No. 7167
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. Wriden 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 term 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 Purchase is found to be incomplete, or not as
specified, City may reject it, require Seger 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 Citys 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. N
such changes affect the cost of or the lime 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 Seger 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 Sellers
default if Seller refuses or fails to comply with this order_ If Seller does
not cure such failure within a reasonable time period, or fags 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.TERM f TIME EXTENSION. This Agreement's term will be from
12/1/2024 to 12/112027. 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 legal rights and remedies.
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 insscection and City's opportunity to reiecL
&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 viig not be honored.
9.INDEMNIFICATION. Seller agrees to indemnty and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorneys 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 Ihek performance. Seller will defend City (at Cily 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 emptoyees. It is expressly understood and agreedthat 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 quality the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
inclu0ig, 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. Warranfies 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 Oils 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.I114SURANCE. Seger must provide the insurance indicated on the
face sheet of [iris 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. Sager"s performance. A waiver by
City of any breach of any terror, covenant, or condition contained 0 ibis
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.INTERPRETAMON. This Agreement was drafted in, and will be
construed in accordance with [he laws of the Stale 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 177E„ Seller must pay its wr_ackers firevail N m„
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Agreement No. 7167
wage. It is Sellers responsibility to interpret andimplement any
prevailing wage requirements and Seller agrees to pay any penalty or
civil damage resulting from a violation of the prevailing wage taws. In
accordance with Labor Code § 17732, 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 A copy of the
prevailing rate of per diem wages must be posted at the job site.
18. ARTIFICIAL INTELLIGENCE. Seger must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "All in the provision of professional
services in this Agreement without City's express written consent. The Al
prohibition set forth directly above will not apply to general business
tools and software that may have Al components but are not directly
involved in the execution or delivery of professional services that this
Agreement covers, provided that such tools and software do not
significantly impact the quality or nature of such services. Seller must
promptly notify City, in writing, of any proposal to employ Al in
connection its provision of services to the City under this Agreement
City will have the sole discretion to grant or deny such proposal.
19. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree [hat this
Amendment will be considered signed when the signature of a party Is
delivered by electronic transmission. Such electronic signature will be
treated in all respects as having the same effect as an original signature.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Licensor accordingly.
20. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
21. CONSIDERATION. As consideration, City agrees to pay Seller for
Sellers services not to exceed a total of $5,500 per fiscal year for the
work. City will pay for work as specified in the attached Exhibit °A," which
is incorporated by reference..
22. EXHIBITS. Exhibit "A."
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Agreement No. 7167
Electronic DerLyer
11-6-24
Vanessa Arias
Senior Management Analyst
City of El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
Per your request we are pleased to submit this proposal for your annual fire hose testing.
Background
FireCatt is proud to have revolutionized the fire hose testing industry. FireCatt is the sole source
supplier and owner of a patented method that incorporates computerized testing technology
and a software program designed to incorporate the testing standards and guidelines of NFPA
1962.
FireCatt is now testing over 20 million feet of fire hose per year in 49 States. We have been
testing fire hose for more than 17 years. Customers that have come to trust FireCatt's precision
testing service include: fire departments; oil refineries; nuclear power plants; and industrial
operations.
We trust you will take the time to understand the value FireCatt creates by using the best
technology, people and processes available to provide your critical annual services testing.
FireCatt will save you manpower time, reduce liability and injuries, keep yourfire rigslapparatus
in service longer and create repeatable, valid test results with advanced technology and
professional service.
Our testing team is structured with a team leader, and four hose technicians, all formally trained
by FireCatt. We believe in a professionally run hose testing process starting with pre -test
planning, meticulous attention to detail during the testing process and documented repacking
of your equipment to the standard you require.
Who Is the 'FireCatt Cu torner"?
FireCatt customers are the leaders within the fire service. They don't settle for "good enough"
when it comes to the safety of their people and equipment. They want the most accurate testing
option available, while receiving the most professional service. They want the most reliable and
defensible third party validation. They want peace of mind, and that's what FireCatt delivers.
FireCatt will provide annual service pressure testing per the NFPA 1962, 2018 Edition
Standard for Hose and NFPA 1932, 2010 Edition Standard for Ladders using patented
technology test equipment designed for safety, accuracy and efficiency.
3250 W. Big Beaver Rd., Suite 544, Troy, MI 48084 Phone: 248-643-7200 Fax: 248-566-3064 wwwArecatt.com
Agreement No. 7167
Page 2 of 5
Sole Source FireCa ff eclflca fior�sM
❑ Electronic and computerized pressure transducers shall be used to monitor and regulate
pressures.
❑ Software controls the entire test process to ensure NFPA 1962 Standard is followed.
One item to note is that during pressurization, hose will only be pressurized at 15 psi
per second. Our system will meet this standard each and every test, ensuring that the
fire hose will not be subjected to.a shock pressure which can lead to shorter hose life
expectancy.
❑ Air actuated and computerized valves shall be used to eliminate manual control of all
valves at high pressure and provide emergency automated shut-off/shut-down
capability. The use of manual valves that are less than 100% repeatable and expose
personnel to unnecessary risk will not be permitted.
❑ Pressure release at the end of each test shall be accomplished through air actuated and
computer controlled valves operated remotely. This will eliminate the need to release
pressure at the end of each hose and eliminate the risk associated with exposing
personnel to potential catastrophic failure while hose is fully pressurized.
❑ Hydrant pressure shall be monitored through the use of electronic and computerized
pressure transducers. Hydrant pressure will be regulated to meet the NFI A requirement
of 45 PSI at the beginning of the test.
❑ An amber warning beacon shall be illuminated at all times when the hose is pressurizing
or at high pressure.
❑ Ten manifolds shall be used each with their own computerized pressure transducer and
valve so that ten separate pressures can be tested simultaneously.
❑ Up to 3,000 feet of hose shall be tested per test cycle.
❑ Multiple diameter hoses shall be tested simultaneously.
❑ Air relief valves shall be used at the end of each hose lay per manifold.
❑ Computerized digital pressure readouts shall be used in order to eliminate subjective
"needle bounce" of analog gauges.
❑ Computerized timing of tests shall be used to eliminate subjective timing devices such
as manual stop watches prone to operator error.
❑ Heavy Duty Bar Code labels will be used on each hose for ease of Identification and
Inventory Control.
NFP,A'Fire Hose Testing Standards
1. Each length of hose will be assigned an Identification number using a barcode label on
each coupling. That I.D. number shall also be recorded on the hose jacket at each end
of the hose using a permanent ink marker.
2. Each length of hose will be inspected, both the outer jacket and inner liner.
3. All couplings and threads will be inspected.
4. All gaskets will be inspected, defective gaskets will be replaced at no extra cost.
5. FireCatt will supply hose manufacturer approved lubricant for coupling lubrication.
6. All defective hose will be tagged and removed from service and the defect location on
the hose will be marked using permanent marker. The tag will be distinctive and state
the reason for removal from service, date, and hose I.D. number. This information will
also be contained within the test report.
Agreement No. 7167
Page 3 of 5
7. FireCatt will supply "Never Seize" lubricant for lubricating all apparatus connection
points so as to reduce galvanic reaction associated with dissimilar metal contact.
8. FireCatt will accurately record all data that will be contained in the final report which will
include, Department I.D., Station or Apparatus I.D., FireCatt hose I.D., Fire Department
hose I.D., Manufacturer, Date of Manufacture, Date in Service, Size, Length, Pressure,
Pass/Fail, Reason for Failure, and Tread Type.
9. FireCatt will provide a hard copy of the Test Report within 1 week of test completion.
The Hose Test Report is documented on a per Department basis. If you require your
hose documentation broken down per apparatus or station, this service is available and
must be pre -arranged.
10. FireCatt will provide internet web access to your electronic test record and protect this
information using a unique login and password within 1 week of test completion. Access
to the test records will be for a minimum of 7 years from date of the most recent test.
11. FireCatt will be licensed and insured to meet the State, City and Department
requirements.
Option(s)
Quantity Price
Total per
i
(approximate .... of
Year/Test
_
1 Fire Hose Testing
14 000 $0.43
,mmm
020
FireCatt provides all Labor
and performs all unloading,
fay 320"
testing and reloading
3 Ground Ladder Testing
NA $2.95
NA
FireCatt provides all Labor
m_ ..
$2.50
_..... .... ........�
I14
v _—
Note: Hard suction hose, if utilized, is vacuum tested at the same price perfoot as supply
and attack hose. Pricing includes all taxes, set up and transportation. If ground ladders
are tested our price includes replacement of any heat sensors.
Agreement No. 7167
Page 4 of 5
Contract Term and Pricing
Pricing in BLACK is for a 1-year contract. `i i, i a uu i in U IIED is ti Hi ;1 yeah anA wfl 4;or d 1cf,
Option 1 - FireCatt will provide ALL labor to unload apparatus, lay out, test, couple/uncouple,
roll hose and reload apparatus. The Fire Department will provide labor only to drive apparatus
to and from test site.
Option 2 - FireCatt will provide labor to unload apparatus, lay out, test, couple/uncouple, and
roll hose. The Fire Department will provide labor to reload apparatus. Note: If you choose
Option 2, we suggest utilizing two fire department crews/companies to reload. The crew whose
apparatus is being reloaded and the crew whose apparatus is next to be unloaded.
Option 3 - FireCatt will provide all labor to perform precision ground ladder testing via digital
load cell technology that will meet NFPA1932, 2010 edition standards. FireCatt incorporates a
load cell that is UL Certified to NFPA 1983, general use. There are no other charges! Heat
sensor labels are included in our per foot price.
Loaistics
Prior to testing FireCatt will work with your Department to formulate and tailor a logistics plan
that will work best for you. The following is an example of a typical logistics plan:
When FireCatt begins testing we will start with your rack/auxiliary hose then your reserve
apparatus(s). Your tested rack/auxiliary hose will be ready to replace any failed hose from your
apparatus(s). Once the reserve apparatus(s) are tested your company can take the tested
reserve to replace a front-line apparatus prior to testing. Thus, we eliminate any down time in
your Department for hose testing and we keep your companies in district. That way the public
that you serve will not see an increase in response time during hosetesting.
The Department will be responsible to provide a suitable test a location 300' in length x 60'
wide, a water supply via Fire Hydrant (preferably), stand pipe, or tender, a driver to move your
apparatus and a single point of contact.
Completion
FireCatt typically tests approximately 10,000+ feet per day using Option 1 and 13,000+ feet
per day using Option 2. Testing will take approximately 2 days (weather, total feet, option
selected & test site dependent).
Agreement No. 7167
Pagc 5 of 5
a
* The mostadvanced, NFPA compliant technology the industry has to offer utilizing
four -five (4-5) fully trained technicians. Our patented software -driven technology, and
process delivers the most accurate, precise, safe, and efficient testing program.
A comprehensive hose testing inventory/results program using barcodes and jacket
labels that are captured both electronically and in hard copy.
Elimination of workers compensation injuries/claims resulting from testing
accidents, either immediate or post testing, such as back / knee strain from testing
and re -loading hose (conveyor system and turntables)
• Reduced exposure and liability during an audit.
10 Reduction of any overtime hours used for testing and or training
Engines are put back in service more quickly than a fire dept can test on their own;
allowing for full deployment of assets during an emergency or fire. FireCatt utilizes a
state of the art mobile test lab that uses 10 manifolds to test 10 simultaneous hoses
allowing us to test 10,000-13,000 feet of hose per day.
Manpower and precious time are freed up to allow for more training and increase in
morale.
Longer life of hose due to ensuring NFPA 1962 is followed every testcycle.
Proven Professional Operation —17 years experience in testing large & small
departments. Our trained technicians are like "sherpas of the hose testing business".
FireCatt believes that the issues of safety, time, accuracy, technology and tracking are critical
concerns for your department. Our patented method, and the unique features listed above
allow for the NFPA 1962 Standards to be met in the most "objective" manner possible. In
comparison, other testing companies will provide you with "subjective' test results. We have
designed our testing and reporting technology to meet the requirements and future needs of
the industry.
Our issued and pending patents are strong evidence of the exclusive nature of our solutions.
In short, we believe that no other company in the nation can match or exceed the accuracy or
safety of FireCatt's fire hose testing services. We have yet to encounter another hose testing
company in the nation deploying a similar state-of-the-art computerized testing technology.
Regards,
Jim Ferguson
Regional Director
714-345-0066