CONTRACT 5426 One Page Service Agreement CLOSED Agreement No. 5426
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CONTRACTOR: Breathe Safety Environment ,Inc. DATE MAILED: October 17,2017
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 minimum requirements please include.
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 20 10 11 85 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"addltional 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.
® Cornorehensive 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 Liabilitv,including owned,non-owned and hired vehicles with at least:
® $1.000.000 per occurrence.
❑ $100,000-300.000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers'Comoensation Insurance:as required by State Statutes with Waiver of Subro'gati'on. (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 EI Segundo license on file at City Hall or purchase
said license(at 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.
❑ Coov of valid oicture 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 PURCHASING AGENT,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE
CITY.
Submitted by i"comolete all blanks't: COLOR COPY REQUIRED BACK TO THE CITY
Company Name: By(Print name&title):
Breathe Safe Enivlronmental,Inc. Jessica Nlxon,Operations Manager .
Company Street Address: Vertde Authriz Signature required:
3010 Wilshire Blvd.Suite 260
City,State,Zip: Datdsigned:
Los Anqeles,CA Oct 17,2017
Phone: FAX:
(213)291-8513 888-805-5118
Vendor's Email address: Vendor's Web site:
_lessica(flbse-IIacom
Mail original agreement and Insurance to:City of El Segundo—CttY Clerk 350 Main Street,Room 5,EI Segundo,CA 9 241.38' 3
Origlnator/Department Contact: unnAkerson.1.64QL Analyst Date Initiated:
Department Head Head Approval:.,�
... Date Approved:
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Finance Approval:
Date Approved;
cc:Business License;City Clerk Pnrchaaing Agent;Requesting Deptname—
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Breathe Safe Environmental Inc 1 Pa a Services
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10/17/17 1�° t
Agreement No. 5426
1.GENERALLY. The materials, supplies, or services (collectively, 8.PAYMENT. City will pay Seller after receiving acceptable invoices for
"Purchase") covered by this services agreement and purchase order materials and supplies delivered and accepted or services rendered and
("order") must be furnished by Seller subject to all the terms and accepted. City will not pay cartage, shipping, packaging or boxing
conditions contained in this order which Seller, in accepting this order, expenses unless specified in this order. Drafts will not be honored.
agrees to be bound by and comply with in all particulars. No other terms 9.INDEMNIFICATION. Seller agrees to indemnify and hold City
or conditions are binding upon the parties unless subsequently agreed harmless from and against any claim,action,damages,costs(including,
to in writing. Written acceptance or shipment of all or any portion of the without limitation, attorney's fees), injuries,or liability, arising out of the
Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order, or their performance. Should City be named in
terms and conditions in this order. The terms of any proposal referred any suit, or should any claim be brought against it by suit or otherwise,
to in this order are included and made a part of the order only to the whether the same be groundless or not, arising out of the Purchase or
extent it specified the Purchase ordered,the price,and the delivery,and order,or their performance,Seller will defend City(at City's request and
then only to the extent that such terms are consistent with the terms and with counsel satisfactory to City) and indemnify City for any judgment
conditions of this order. rendered against it or any sums paid out in settlement or otherwise. For
2.INSPECTION. The Purchase furnished must be exactly as specified purposes of this section "City"includes City's officers, elected officials,
in this order, free from all defects in Seller's performance, design, and employees. It is expressly understood and agreed that the foregoing
workmanship, and materials, and, except as otherwise provided, is provisions will survive termination of this order. The requirements as to
subject to inspection and test by City at all times and places. If, before the types and limits of insurance coverage to be maintained by Seller,
final acceptance, any Purchase is found to be incomplete, or not as and any approval of such insurance by City,are not intended to and will
specified,City may reject it,require Seller to correct it without charge,or not in any manner limit or qualify the liabilities and obligations otherwise
require delivery of such Purchase at a reduction in price that is equitable assumed by Seller pursuant to this order,including,without limitation,to
under the circumstances. If seller is unable or refuses to correct such the provisions concerning indemnification.
items within a time deemed reasonable by City, City may terminate the 10.WARRANTY. Seller agrees that the Purchase is covered by the most
order in whole or in part. Seller bears all risks as to rejected Purchases favorable commercial warranties the Seller gives to any customer for the
and, in addition to any costs for which Seller may become liable to City same or substantially similar supplies or services, or such other more
under other provisions of this order, must reimburse City for all favorable warranties as is specified in this order. Warranties will be
transportation costs,other related costs incurred,or payments to Seller effective notwithstanding any inspection or acceptance of the Purchase
in accordance with the terms of this order for unaccepted Purchases. by City.
Notwithstanding City's acceptance of any Purchase, Seller is liable for 11.ASSIGNMENT. City may assign this order. Except as to any
latent defects,fraud,or such gross mistakes as constitute fraud. payment due under this order,Seller may not assign or subcontract the
3.CHANGES. City may make changes within the general scope of this order without City's written approval. Should City give consent,it will not
order in drawings and specifications for specially manufactured supplies, relieve Seller from any obligations under this order and any transferee
place of delivery, method of shipment or packing of the order by giving or subcontractor will be considered Seller's agent.
notice to Seller and subsequently confirming such changes in writing. If 12.INSURANCE. Seller must provide the insurance indicated on the
such changes affect the cost of or the time required for performance of face sheet of this Services Agreement.
this order, an equitable adjustment in the price or delivery or both must 13.PERMITS. Seller must procure all necessary permits and licenses,
be made. No change by Seller is allowed without City's written approval. and abide by all federal,state,and local laws,for performing this order.
Any claim by Seller for an adjustment under this section must be made 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
in writing within thirty (30) days from the date of receipt by Seller of will act as an independent contractor and will have control of all work and
notification of such change unless City waives this condition in writing. the manner in which is it performed. Seller will be free to contract for
Nothing in this section excuses Seller from proceeding with performance similar service to be performed for other employers while under contract
of the order as changed. with City. Seller is not an agent or employee of City and is not entitled
4. TERMINATION. City may terminate this order at any time, either to participate in any pension plan, insurance, bonus or similar benefits
verbally or in writing, with or without cause. Should termination occur, City provides for its employees. Any provision in this order that may
City will pay Seller as full performance until such termination the unit or appear to give City the right to direct Seller as to the details of doing the
pro rata order price for the performed and accepted portion of the work or to exercise a measure of control over the work means that Seller
Purchase. City may provide written notice of termination for Seller's will follow the direction of the City as to end results of the work only.
default if Seller refuses or fails to comply with this order. If Seller does 15.WAIVER. City's review or acceptance of, or payment for, work
not cure such failure within a reasonable time period,or fails to perform product prepared by Seller under this order will not be construed to
the Purchase within the time specified (or allowed by extension), Seller operate as a waiver of any rights City may have under this Agreement
will be liable to City for any excess costs incurred by City. or of any cause of action arising from Seller's performance. A waiver by
5.TIME EXTENSION. City may extend the time for completion if, in City of any breach of any term,covenant,or condition contained in this
City's sole determination,Seller was delayed because of causes beyond order will not be deemed to be a waiver of any subsequent breach of the
Seller's control and without Seller's fault or negligence. In the event same or any other term,covenant, or condition contained in this order,
delay was caused by City, Seller's sole remedy is limited to recovering whether of the same or different character.
money actually and necessarily expended by Seller because of the 16.INTERPRETATION. This Agreement was drafted in,and will be
delay;there is no right to recover anticipated profit. construed in accordance with the laws of the State of California,and
6.REMEDIES CUMULATIVE. City's rights and remedies under this exclusive venue for any action involving this agreement will be in Los
order are not exclusive and are in addition to any rights and remedies Angeles County.
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.
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Breathe Safe Environmental Inc-0)Page Services Agreement
10/17/17
Agreement No. 5426
11
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*CIO, AN INDOOR AIR QUALITY&
INDUSTRIAL HYGIENE COMPANY
PIA611W 'i YU
NAME El Segundo Fire Department _DATE. 0_ctob_e_r2•l, 2016
......
ADDRESS 350 MainStreet QUOTE 4 161024 QLFT&QA11-T
Ty EI Segundo, CA 90245
PHONE 310-524-2228
ATTENTION: Battalion Chief Nathan Coola, 1 FED TAX ID# 27-00617,92
Qty Description Unit Price Total
RESPIRATOR FIT TESTING&TRAINING
Petforyning quantitative fit lestingforfiell or half face respirators using n]Portacount
equipment; includes training on respirator capabilities and limitations;pre and
post equipment inspection,- proper donning arwl doffing;equipment maintenance,
Cleaning,storage;emergency procedures;performing user seal check completing
Required documentation for fil testing and training.
0 UO TE ESTIMATED TO COVER THREE SFPA RA TE SHIFTS
Quantitative Fit Testing
fi'" I Full Face Respirator Training Course— Classroom Respirator'l raining in accordance $125.00 per class 'S315.00
with Cal OSHA Respiratory Protection Standard Title 8:5144.
(Class delivered just before Quantitative Fit Testing)No maximurn number Of Students
"I Quantitative Fit Testing—For Full Face Respirators rising aTSI Portacount in $60 00ca On
accordance with California OSHA Title 8:5144 appendix A.
3 unit Equipment fee;'I'Sl Portacount,Probes $200;001& Y6"o
Portacount fee waived only it'l 0 employees are tested on the same day)
Qualitative Fit Testing
PI 00 and or N195 respirator training delivered at the time of fit testing
PI 00 Fit Test in accordance smith Cal OSI IA Respiratory Protection Standard 5144. $25.00 ea $1,050.00
/a ,,r,i N95 Fit Test in accordance with Cal OSHA Respiratory Protection Standard 5144. $25.00 ea SI,050.00
Optional(if Needed)
42 clearances Medical Approvals/Clearances&Follow-up as needed,Provided By a Licensed $Moo ea11A,,'�o 00
Practitioner in Accordance with OSHA Medical Detennination Requirements,
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Administration
Included Documentation:Providing appropriate fit test records and respirator training.modules. Included fadu"k%l
42 cards M"allet-sized CeftiftatjOD Cards Issued to employees upon successful fit test. 11.50 ea 61'k o
.............
Payment/Billing Contact Information
A c counts Pa)qtblcand Project Coordinator:Jes s i ca Nix o n(213)291-8513
Estimated Total Ss)'415.00
WelLo-okfovw"dlc*vpa4,tn,e4-wag-wak,yon L+vaWyo-&w re4pL4-atai-y protocttoTvvwac�
Breathe Safe Environmental, Inc.
3010 Wilshire Blvd. Suite 260 + Los Angeles 4 California 90010
Tel: (213)291-8513 * Fax(888)805-5118