HomeMy WebLinkAboutC-1902AMENDMENT NO. 3 TO AGREEMENT FOR PROVIDING
LED BASE PAINT INSPECTION AND RISK ASSESSMENT
BETWEEN THE CITY OF ARCADIA AND HOME SAFE, INC.
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California,
and Home Safe, Inc. with respect to that certain Professional Services Agreement
between the parties dated October 1, 2002 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
,_extended to and including June 30, 2011.
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date
set forth below.
CITY OF ARCADIA
BY Pc.r�
Donald Penman
City Manager
Dated: 2008
ATTEST:
City erk
APPROVED AS TO FORM:
c7'U� (? .
Stephen P. Deitsch
City Attorney
Home Safe, Inc.
B
Jo . Gura
Pres dent
CONCUR:
Y
on Kruol eberg
Development Services Director
AMENDMENT NO. 1 TO AGREEMENT FOR PROVIDING
LEAD BASE PAINT INSPECTION AND RISK ASSESSMENT
BETWEEN THE CITY OF ARCADIA AND HOME SAFE, INC.
This Amendment No. 1 ( "Amendment No. 1") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California,
and Home Safe, Inc. with respect to that certain Professional Services Agreement
between the parties dated October 1, 2002 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
extended to and including June 30, 2008.
2. All of the terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date
set forth below.
CITY OF ARCADIA
By
City Manager
Dated: 2005
.City Clerk
APPROVED AS TO FARM':
6). 1)
City Attorney
CONSULTANT
John T. Gura
By • vl�(�-�
Ho f Safe, Inc.
CONCUR:
By �6re -t�Q
Department Head
AMENDMENT NO.2
TO
PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 2 ( "Amendment") to that certain PROFESSIONAL SERVICES
AGREEMENT, dated as of I" day of October_ 2003 (the "Agreement "), by and between the City
of Arcadia, a California municipal co,r�poration (the "City "), and Homesafe, Inc. (a California
corporation) ( "Contractor ") is dated Ugh{ (E" , 2005. City and Contractor may be
referred to individually as "Party" or collectively as "Parties ", as the context may require. This
Amendment is entered into by and between the Parties with reference to the following recited
facts (each, a "Recital "):
RECITALS
A. On or about I" day of October, 2003, City and Contractor entered into that
certain Agreement wherein Contractor agreed to provide to City certain housing rehabilitation
services as part of City's Housing Rehabilitation Program.
B. The Parties desire to enter into this Amendment to clarify that the source of City's
funding for Contractor's services is Community Development Block Grant ( "CDBG ") funds
administered by the County of Los Angeles.
NOW, THEREFORE, THE CITY AND CONTRACTOR AGREE AS FOLLOWS:
I. Incorporation of Recitals. The Recitals set forth above are true and correct and
are incorporated into this Amendment.
2. Effect of Amendment. Except as to provisions expressly amended by this
Amendment, the Agreement is ratified and confirmed and all of the terms and provisions of the
Agreement, as amended by this Amendment, shall be and remain in full force and effect.
3. Amendment to Agreement. The Parties mutually agree to amend the Agreement
by adding a new Section 3.3.5 to read as follows
"33.5 Source of Funding. City and Consultant recognize and agree that the source of
the City's funding to pay for Contractor's services performed under this Agreement is
Community Development Block Grant ("CDBG") funds administered by the County of Los
Angeles."
4. Counterpart Originals. This Amendment may be executed by the Parties in
multiple counterparts, all of which together shall constitute a single agreement.
5. Effective Date. The Effective Date of this Amendment is the date it is fully
executed by both Parties.
IN WITNESS WHEREOF, the Parties execute this Amendment No. 2, by and through the
signatures of their duly authorized representatives below, as follows:
CITY OF ARCADIA
William R. Kelly, City Manager
Dated: �'� 12005
T ES
^f .City Clerk e -
APPROVED AS TO FORM:
StephenP.' DDeiittsch
City Attorney
N
HOMESAFE, INC.,
a California corpooraattion.
V W�
o ura
CONCUR:
Department Head
O %30- ZD
C i9oZ
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE. ,n '
This Agreement is made and entered into this day of of , 2002 by and
between the City of Arcadia, a municipal organization organized under the laws of the State of California
with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021
( "City ") and Home Safe, Inc., a California Corporation with its principal place of business at 24662
Redlands Blvd., Loma Linda, CA 92354 ( "Consultant "). City and Consultant are sometimes individually
referred to as "Party' and collectively as "Parties." °
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing lead based paint inspection report and risk assessment
services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Home Improvement Program
( "Project') as set forth in this Agreement.
3. TERMS
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City
all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional lead base paint inspection services necessary for the Project
( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2002 to June 30, 2005,
unless earlier terminated as provided herein. Consultant shall complete the Services within the term of
this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the means, methods
and details of performing the Services subject to the requirements of this Agreement. City retains
Consultant on an independent contractor basis and not as an employee. Consultant retains the right to
perform similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall also not be
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employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Agreement and as required by law. Consultant shall be responsible for all reports
and obligations respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit
"B" attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more of
such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to the
substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or
who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall be promptly removed from
the Project by the Consultant at the request of the City. The key personnel for performance of this
Agreement are as follows: John T. Gura and/or Christopher J. Gurn.
3.2.5 City's RoQresentative. The City hereby designates Don Penman, Assistant City
Manager/Development Services Director, or his or her designee, to act as its representative for the
performance of this Agreement ( "City's Representative "). City's Representative shall have the power to
act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Christopher J..
Gura, or his or her designee, to act as its representative for the performance of this Agreement
( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and
act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the
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Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are
legally required to perform the Services, .including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons
or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to
perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all CaVOSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such laws,
rules and regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such
laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1Time for Compliance. Consultant shall not commence Work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required
under this section. In addition, Consultant shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section.
3.2.10.2Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement by the
Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of
its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services
Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
.(B) Minimum Limits of insurance. Consultant shall maintain limits
no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general aggregate limit
is used, either the general aggregate limit shall apply separately to this Agreement/location or the general
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aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per
accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.31'rofessional Liability. Consultant shall procure and maintain, and require
its sub - consultants to procure and maintain, for a period of five (5) years following completion of the
Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be
in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms supplied or approved by the
City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be
covered as additional insured with respect to the Work or operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall
be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is
responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess
of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from
work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.5Seoaration of Insureds: No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall
not contain any special limitations on the scope of protection afforded to the City, its directors, officials,
officers, employees, agents and volunteers.
3.2.10.6Deductibles and Self - Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2)
the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims
and administrative and defense expenses.
3.2.10.7Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to
the City.
3.2.10.8Verification of Coveraee. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the
City if requested. All certificates and endorsements must be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
3.2.11 Sam. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment
and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The total compensation for each fiscal year (July 1
through June 30) shall not exceed Thirty -five thousand dollars ($35,000) without written approval of City
Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City an itemized invoice
with each report for each job completed by Consultant. The invoice shall describe the amount of Services
provided for the job being billed. City shall, within forty -five (45) days of receiving such invoice, review
the invoice and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not reasonably
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anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be
compensated for, Extra Work without written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created pursuant
to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written notice
to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before
the effective date of such termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services under this
Agreement. Consultant shall be required to provide such document and other information within fifteen
(15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Consultant:
City:
Home Safe Environmental
24662 Redlands Blvd.
Loma Linda, CA 92354
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Don Penman, Assistant City Manager /Development Services
Director
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and
all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement
( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted
a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to Documents &
Data which were prepared by design professionals other than Consultant or provided to Consultant by the
City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that
any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the performance of
this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either Party commences an action against the other Party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable
attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or
willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors
arising out of or in connection with the performance of the Services, the Project or this Agreement,
including without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted
against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall
reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer.
3.5.13 Construction, References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,
days or period for performance shall be deemed calendar days and not work days. All references to
Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as
otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
3.5.17 Invalidity, Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay
any company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or
obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer to be
insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the performance
of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
0
CITY OF ARCADIA
[J
HOMESAFE, Inc.
By: �^"_'SCi'1 By: ,V�
William R. Kelly Jo T. Gura
City Manager
Dated: 10
ATTEST:
Clerk_
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2002 President
CONCUR:
Department Head 7 bate
10
i
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following services:
C�
!. XRF Testing shall be performed by certified inspectors using a non - destructive
portable X -ray Fluorescence Analyzer (XRF) on the interior and exterior of each
property as appropriate. Protocols used are as prescribed by Chapters 7, HUD
Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing
(June, 1995 and more recent updates.) and as required in the Statement of Work.
2. Risk Assessments & Clearance Tests shall be performed by certified risk assessors
taking dust and soil samples which are sent for analysis to an approved NLLAP
laboratory. These tests will be performed as prescribed by Chapter 5 & 15
respectively, HUD Guidelines for the Evaluation and Control of Lead Based Paint
Hazards in Housing (June,1995 and more recent updates) and as required by the
Statement of Work.
3. Combined Inspection & Risk Assessments shall be performed by certified risk
assessors following industry standard procedures and as prescribed by Chapters 5 and
7, HUD Guidelines for the Evaluation and Control of Lead Based Paint Hazards in
Housing (June,1995 and more recent updates) and as required by the Statement of
Work.
4. Report s for each assigned job shall include a sampling plan, photograph(s) of the
subject property, XRF and/or lab results (as applicable) as well as a complete listing of
all XRF test readings, a not -to -scale floor plan and other explanatory material as may
be required by applicable state and federal regulations.
5. Lab Results of dust and bulk samples shall be included with each applicable report.
HomeSafe shall use only certified NLLAP laboratories for testing of paint chip, dust
wipe and other samples as required. Labs used include: EMS Labs, Pasadena, CA;
METS Lab, Waldorf, Md; or Environmental Hazard Services, Richmond, VA.
A -1
EXHIBIT "B"
SCHEDULE OF SERVICES
Services shall be rendered on an as needed basis for the following fiscal years:
• July 1, 2002 to June 30, 2003
• July 1, 2003 to June 30, 2004
• July 1, 2004 to June 30, 2005
Im
0 9
EXHIBIT "C"
COMPENSATION
AMOUNT OF COMPENSATION: For performing and completing all services pursuant
to Exhibit "A" Scope of Services, and for providing all personnel, labor and materials
required therefore, City shall pay consultant in accordance with Section 3.3.2 of the
agreement. The total amount to be paid, including for reimbursables, shall not exceed
$35,000 for each fiscal year.
PAYMENT SCHEDULE: Payment by the City to Contractor shall be due and payable
within 30 days of receipt of invoice.
C -1
09/17/2002 15:41 213- 7871164 FRENKELOFCALIFORNIAl PAGE 02/05
Ah AWL
p CERTIFICATE OF LBAB99.6�'l(INS NCPIpD DI oAf�(m5uoorm
S 1. 09/17/02
PRODUCER -
Frankel Of California
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Environmental Risk Services
725 S. Figueroa Blvd.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERSAFPORDINGCOVERAGE
Los Angeles CA 90017
Phona1213 -787 -1100 Faa1213 -787 -1164
INSURED
INSURER A: American Safe C88u81t In8
INSURER B: State Compensation In8. Fund
INSURERC:
Home Safe� / IS}C.t
24662 RA6C lands 8 d.
Loma Linda CA 9234:
INSURER O:
^^
INSURER E
EACH OCCURRENCE
COVERAGES
THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY,THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, E%OLUSIONS AND CONDITION3 OF SUCH .
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T
DATE THEREOF, THE ISSUING INSURERWILLiIGNINIISDOMAL t30IDAYSWRITTEN .
TYPE OF INSURANCE
P041CYNUMIBES
M
DA B M
LIMITS .I
GENERAL LIABILITY.
Arcadia CA 91066-6021
ePXO @B&
EACH OCCURRENCE
$1,000,000
0
X COMMERCIAL GENERAL LABILITY
PCL 02- 1621 -002
05/07/02
05/07/03
FIRE DAMAGE (AnywaNe)
11$o}r,000
CLAIMS MADE FX OCCUR
MED EAP(Any cne pesen)
;$
1000
PERSONAL & AOV INJURY
51
-1
009 000.
X CONTRACTOR POLL
GENERAL AGGRSGATH--''
S
GOO, OOO
OEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS• COMP/OP AOG
51
OA 000
X POLICY JB LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMB
(Ee acdoanq
5
BODILY INJURY
(Per Pmon)
S
ALL OWNED AUTDS
SCHEDULED AUTOS
BODILY INJURY
(Per aeddent)
S
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per eaddent)
5
GARAGE LIABILITY
AUTO ONLY• EA ACCIDENT
S
OTHER THpN EA ADD
AM ONLY: AGG
5
ANYAUTO
5 _
EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
S
AGGREGATE
S
5
DEDUCTIBLE
/
S
—'-
RETENTION 5.
5
B
WORKERS COMPENSATION AND
EMPLDYERS'LIANLITY
11589062`02
OS /01/02
05/01/03
X T I
E.L. EACH ACCIDENT
51,
000, 000
E.L. DISEASE• EA EMPLRYEE
31
000,000
EL. DISEASE - POLICY LIMIT
SS
00O OOO
OTHER
A
Iftofeas
Claims Made .Form
PCL 02- 1621 -002
05/07/02
05/07/03
Ann Agg $
1000,000
i6anal Liab
Each Oeo 01,000,000
0 CRI ON OF OPERATIONSA .00ATIONSAEHICLE'MCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
City of Arcadia,its of £iCGre,officials,employess,and volunteers are added as
Additional Insured per attached CG 2010 1185 to the General'Liability but
only as respects all Covered operations of the Hamad Insured. Insurance is
Primary and Non- Contributory.
+10 -day Notice of Cancellation for NOn- Payment of Premium.
CER UFiCAIE HOLDER 1 Y 1 ADDITIONAL INSURED: INSURER LETTER, A CANCELLATION _
C /ARCAD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION
City of Arcadia,
DATE THEREOF, THE ISSUING INSURERWILLiIGNINIISDOMAL t30IDAYSWRITTEN .
Attut Development services
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPTA
I -" '
240 W. Huntington Drive�XK�6711kY�t
Arcadia CA 91066-6021
ePXO @B&
AUTHORIZED REPRE
r
ACORD 258 !7/971
VACORD CORPOF tATION 1888
69/17/2692 15:41 213 - 78164
POLICY NUMBER: PCL 02- 1621 -002
FRENKELOFCALIFORN IA1 PAGE, 63/65
gOMMFRCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorscmcnt modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Arcadia, its officers, officials, employees and volunteers
Attn: Development Services
240 W. Huntington Drive
Arcadia, CA 91066 -6021
(If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO 1S AN INSURED (Section If) is amended to include as an insured the Person or organization shown in the
but only with respect to liability arising out or "your work" for that insured by or for you,
r
CG 20 1011 85 Copyright, Insurance Services Office, Inc. 1984
q
FROM...: -HOMESRFE INC • FAX N0. : 909 796 2155
` + UNITED SERVICES AUTOMOBILE ASSOCIATION ARDL
Sep. 30 2002 09:59R P2
INIF NEXT PAGE . MAIL CH -M -1
AMENDMENT Tn
OUe (A RECIPROCAL INTERIN$URANCE EXCHANGE?
%,PN 1$ 2D 21 Vo6
POLICY N
MBER
9800 Fredericksburg Road - San Antonio, Texas 78288
hAr
00056 49 IOU
7104 1
CALIFORNIA AUTO POLICY
POLICY PERIOD: 12:01 A.M. standard tin
0 -
AMENDED DECLARATIONS
EFFECTIVE SEP 08 2002 TO NOV 02 2
02
(ATTACH TO PREVIOUS POLICY)
OPERATORS
01 JOHN T GURA SR
Named Insured and Address
04 MRS KATHLEEN S GURA
16 JOHN T GURA
JOHN T GURA S R
i
LT COL USAF RET
1322 SAN PABLO CT
REDLANDS CA 92373-4966
Descri
Lion of Vehicle(s)
YEH
E •
WOREISCRDOL
VIN
YEAR
TRADE NAME
MOOEL
BODY TYPE
ANNUA[RBS
MID: CE
IUENTIFICATIDN NUMBER
$Y
18
911
ACURA
I G G
HBK 3D
10000
JH4DA9375MS024847
1
W
10
5
20
97
FORD
EXPEDITION
4X2 4DR
12000
IFMEU1761VL869858
1
B
21
98
INFINITI
I30 /I30T
SED 4D
12000
JNKCA21A2WT620545
2
W
06
4
TW Vehicle described herein is principally garaged at the above address unless otherwise stated. W/C -WOrh /school; c-am.
K. F +hrm; P- Plwcore
VEH 18 REDLANDS CA 92373 -4966
VEH 21 REDLANDS CA 92373 -4966
VEH 20 REDLANDS CA 92373 -4966
This policy provides ONLY those coverages for which
VEH
VEH
VEH
V
a premium is shown below.
18 6
C=OED
-MONTH
PREMIUM
20 6-MONTH
D=DED PREMIUM
21 6 -MONTH
D =DED PREMIUM
D-
D PREMIUM
OVERA S TY TS OF IA ILI
("ACV" MEANS A CASH VALUE}
MOON
S
OUN S
MOU S
M
s
A ABILITY
BODILY INJURY EA PER $1,000,00
EA ACC $1,000,OOC
267.16 100.90 84.4
PROPERTY DAMAGE EA „ACC $ 50,00
153.24 59.91 50.7
PART B - MEDICAL PAYMENTS
EA PER $ 2,00
18.81 5.57 5.0
PART C - UNINSURED MOTORISTS
BODILY INJURY EA PER $ 50,00
EA ACC $ 100,00
36.24 12.96 10.61
PROPERTY DAMAGE EA ACC $ 3,50
10.65
WAIVER OF COLL DEDUCTIBLE
3,35 2.7
TOTAL PREMIUM -
SEE FOLLOWING PAGE(S)
VEH 18 ADDNL INTEREST - CO -OWNER JOHN T
GURA,
REDLANDS, CA ENDT A073 APPLIES
ADDITIONAL INTEREST - EMPLOYER
CITY OF ONTARIO, ONTARIO,. CA
`
ADDITIONAL INTEREST 7 EMPLOYER
CITY OF ARCADIA ITS DIRECTORS,, AR ADIA,
CA
LOSS PAYEE
VEH 20 NORTON COMMUNITY FCU, SAN BERNARDINO CA
VEH 21 USAA FEDERAL SAVINGS BANK, SAN ANTONIO TX
ENDORSEMENTS: ADDED 09 -08-02 - NONE
REMAIN' IN EFFECT(REFER TO PREVIOUS POLICY)-
A137(01) A40OCA(01) 5100CA
01)
A073(03) * ** AAWER F400(01) T01CA(01)
13580(02) 200CA(11) 663CA(
0),
564707 R99CA 13 41CA(13 ) 960
In WITNESS WHEREOF, the Subscribers at. UNITED SERVICES AUTOMOBILE ASSOCIATION have caused these presents taffhe signed by
their Attorney -in -Fact on this date SEPTEMBER 9, 2002
aR bert G. Devi
FROM HOMESAFE INC • FAX NO. : 909 796 2155 • Sep. 30 2002 09:59 P3
nun �
1 U1.1 I cv Z)CAVIt.tti AU IUMUBILE ASSOCIATION
® IA 'RECIPROCAL INTEBIN5URANCE EXCHANGE) 61110 18 20 '1 Y1k POLICY I
US 4800 Fredericksburg Road - San Antonio, Texas 78288
MBER
*4 00056 49
CALIFORNIA AUTO POLICY POLICY PERI00: 112:01 AM, standard ti
OU 7104 1
e)
AMENDED DECLARATIONS EFFECTIVE SEP 08 2002 TO NOV 02
02
(ATTACH TO PREVIOUS POLICY
Named Insured and Address
JOHN T GURA SR
LT COL USAF RET
1322 SAN PABLO CT
REDLANDS CA 92373 -4966
[Description
of Vehicle (s)
VEN
E •
WO SCHOOL
YEN
TEAR
TRADE NAME -
MODEL
BODY TYPE
ANNUAL
MI UAL
IDENTIFICATION NUMBER
SY
Its
I1
�op�,y1
91"
18
9
AC A
INTEGRA GS
HBK 3D
10 00
J 4DA9 MS 2 847
1
W
0
5
20
97
FORD,
EXPEDITION
4X2 4DR
12000
1FMEU1761VL869858
1
B
21
98
INFINITI
I30 /I30T
SED 40
12000
JNKCA21A2WT620545
2
W
06
4
The Vehicles described herein is principally garaged at the above address unless otherwise stated. w�c.w"kislAAOr; B =aYFw
i r +Farm; PwlsawrF
VEH 18 REDLANDS CA 92373 -4966 VEH 21 REDLANDS CA 92373 -4966:
VEH 20 REDLANDS CA 92373 -4966
This policy provides ONLY those coverages for which
VEH
VEN
VEH
a premium Is shown below.
18 6 -MONTH
D =DED PREMIUM
MOUN
20 6 -MONTH
D =DED PREMIUM
21 b -MONTH
D =DED PREMIUM D=
D PREMIUM'
0 G S M TS IABI
MEANS ACTUAL CASH VALUE)
PART - PH CAL AGE COVERAGE
s
OLIN s
MOU s
s
COMPREHENSIVE LOSS ACV LESS
200 31.56D
200 51.4
COLLISION.LDSS ACV LESS
300 104.55
30C 123.8
1EHIC E TOT- REMI 486.1C 318.8C 328.8
------- ------------------------ ADJ STMEN T REASO - -- -
-
- IABILITY ADDED VEH 18 PART D - OMPRE ENSIVE LOSS DELETED VE 18
;HANGE IN.OPERATOR STATUS OP 16 RANGE IN USA -7E VC-1 18'"
: HANGE IN ANNUAL MILEAGE VEH 18 OD DRIVER DISCOU T DELETED VEH 18
REVISED 6 MONTH PREMIU ...$ 1133.75 6 NDNTH INCREASE ...S 47A50
PRORATED I CREA E...$ 139.9
rHE FOLLOWING COVERAGE(S) DEFINED IN THIS POLICY ARE NOT PROVID E FOR:
VEH 18 - 'EXTENDED BENEFITS COVER GE, MPREHE SIVE,.COLLI ION,
RENTAL REIMBURSEMENT, TO ING D LABOR
VEH 20 - EXTENDED BENEFITS COVER GE., NTAL R IMBU SEMENT, TO ING AN L
R
VEH 21 = EXTENDED BENEFITS COVERAGE, RENTAL REIMBURSEMENT, TO ING AND L
,.
R
In WITNESS WHEREOF, the Subscribers
at UNITED: SERVICES AUTOMORILF ASSDCIATICIN hAna raneaA rhnen
.;..yea ti..
their Attorney -in -Fact on this date SEPTEMBER 91-2602
ROhaTL Q DAvia,