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HomeMy WebLinkAboutAgenda Report - February 6, 2019 C-08TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C- 8 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Service Agreement with Devices for Life, LLC, of Anaheim Hills, for Automated External Defibrillation (AED) Devices and Compliance Services ($27,000) MEETING DATE: February 6, 2019 PREPARED BY: Risk Manager RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Professional Services Agreement with Devices for Life, LLC, of Anaheim Hills, for Automated External Defibrillation (AED) devices and compliance services, in an amount of $27,000. BACKGROUND INFORMATION: Sudden cardiac arrest is one of the leading causes of death in the United States. Each year there are approximately 600,000 cardiac arrests assessed by Emergency Medical Services outside of a hospital setting. On average, Tess than 10 percent of those victims survive. Early defibrillation with an automatic external defibrillation (AED) device can more than double a victim's chance for survival. An AED is the only effective treatment for restoring a regular heart rhythm during sudden cardiac arrest and is an easy to operate device for someone with no medical background. Thus, the purchase and installation of AED units in the City's most utilized buildings can save lives. Devices for Life, LLC will allow the City to purchase, place, and maintain the AED's in strategic locations within the City's facilities. Increasing access to these units have obvious benefits to the community. AED placement throughout the City is ideal for keeping pace with the needs of our residents, employees, and growing population of businesses and visitors. Currently the City only maintains AED devices in Police, Electrical Utility and Public Works departments. Additionally, the State of California recently enacted legislation requiring public swimming pools with lifeguard services and charging a direct fee must provide an AED during pool operations. With the expansion of the AED program, comes regulatory compliance issues. In October 2015, California enacted two new AED laws (Senate Bills 658 and 287). SB 658 amends Section 1714.21 of the California Civil Code and Section 1797.196 of the California Health and Safety Code to provide protection from civil liability for AED owners that follow certain maintenance and inspection requirements and to individuals who utilize an AED to provide emergency care. The City's new AED program will meet and exceed the regulatory requirements in order to ensure that the devices are functional, have current pads and batteries, and that staff is adequately trained. Staff received written quotes from three AED providers. Only Devices for Life, LLC was able to provide competitive AED unit pricing as well as full compliance services including onsite training for staff. The term of the agreement is for three years with a not to exceed limit of $27,000. Compliance services will be paid for by Risk Management and are $6,100 for the term of the agreement. The remaining $20,900 is APPROVED: auer, City Manager Adopt Resolution Authorizing City Manager to Execute Professional Service Agreement with Devices for Life, LLC, of Anaheim Hills, for Automated External Defibrillation (AED) Devices and Compliance Services ($27,000) February 6, 2019 Page 2 of 2 allotted to device costs. This will allow departments to replace current outdated devices and budget for additional devices over the term of the contract. Staff recommends authorizing the City Manager to execute Professional Services Agreement with Devices for Life, LLC, of Anaheim Hills, for AED devices and compliance services, in an amount not to exceed $27,000 over the three-year term. FISCAL IMPACT: FUNDING AVAILABLE: Costs for individual AED devices will be assigned to the division operating account depending on the location of the device. Compliance services will be paid for by the Risk Management operating account. Funds are available in the Workers Compensation 66525100.74065 account to cover expenditures for compliance services. Funding is budgeted in the operating accounts for the costs of individual devices. a„,1A„ Andrew Keys Deputy City Manager/Internal S - rvices Director Bev *ft"."-ensen Risk Manager416 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , by and between the CITY OF LODI, a municipal corporatior (hereinafter "CITY"), and Devices for Life, LLC (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CCNTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Automatic External Defibrillators (AED) Units and compliance and training services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for tI a benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mJtually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetinqs CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifi8ations, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on February 7, 2019 and terminates upon the completion of the Scope of Services or on February 7, 2022, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Com pensatior CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved 11 advance and in writing by CITY. Section 3.2 Method of Pavrnent CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation details as to amount of hours, individual performing said work, hourly rate, and ind sating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all rein bursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit al charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fuilest extent permitted by law, shall indemnify and hold harmless CITY, its elected aid appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out o- performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, partic pate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related :hereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement a -e undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Lability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be helc responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall :ake out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representa:ives to this Agreement without the written consent of the others. CONTRACTOR sha I not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent :o any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upcn receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attr: Beverly Jensen Devices for Life, LLC P.O. Box 28062, Anaheim Hills, CA 92809 Attr: Theresa Fox Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY 5 CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor or and on behalf of CITY and not an employee of CITY. CITY sha.l not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However. CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or n part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all info-mation collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: DEVICES OR IFE, LLC JANICE D. MAGDICH, City Attorney By: By:, Nance: Theresa Title: N ---President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if appicable) Funding Source: Doc ID: CA:Rev.01.2015 (Business Unit & Account No.) 8 January 14, 2019 City of Lodi Ms. Beverly Jensen, Risk Manager 221 W. Pine Street Lodi, CA 95240 DEVICES ‘if LIFE EXHIBIT A & B Re: AED Program, additional services February 2019 — February, 1, 2022. Ms. Jensen & City of Lodi, This proposal and contract for product and services as it relates to the City, and its various departments, automated external defibrillator or AED program. These services will be billed at an agreed upon three-year contract for services through 2/1/2022. Service fees will be billed at the start of the contract period for the period. Product pricing has been set and will not increase or change during the three-year period. Product will be billed upon shipment of the ordered product. Contracted services and product not to exceed $27,000.00 during this period. This proposal includes all of my expenses, as it relates to these services. I look forward to working with you and the City of Lodi on this very important life-saving program. Please do not hesitate to contact me if you should have any additional needs or questions. r s. e.r sa Fox President/Owner AED Consultant — EMT/CEKGT \ devicesforlife OADEVICES /'\///r///r LIFE A Helping Hand...When You Need It Most AED Consultant Quote No. Shipping Method Shipping Terms Delivery Date Date: DECEMBER 17, 2018 CITY OF LODI MS. BEVERLY JENSEN, RISK MANAGER 221 W. PINE STREET LODI, CA 95240 PH: 209.333.6708 Payment Terms Due Date Theresa Fox NA NA $6,100.00 Due on Signature $6,100.00 • 1 Qty Item # Description Unit Price Discount Per Unit Line Total 1 01-301 _ Legal Compliance Renewal Service. Provides for all legal requirements set forth by Federal, State and manufacturer regulations. CA Title 22, SB 658, & SB 287 - 3 year service $6,100.00 $6,100.00 • Oversight - AEDs are class III medical device. Required per FDA & State. • EMS Notification, filing & Event useage • Annual audits/testing with documentation - On site services. • • Tagging or updates/changes FDA & ANA Updates (no charge) • • • Qty. 4 AED Orientations (1 hour) AED Pclicy updating Download & Document Training • Entering & maintaining all program information via www.aedaccess.com • 24/7 363 Unlimited support w/zero additional fees for service calls or shipping. • Free pad/pak after use if reported in 24 hours, used on SCA pt with all documentation. • Free loaner units as necessary • Coverage Dates - 1/30/2019 - 1/30/22 • Coverage on 20 or less AEDs. Subtotal $6,100.00 Sales Tax (8.0%) Shipping Total Signature Title: Date Devices For Life, LLC • PO Box 28062, Anaheim, CA 92809 • PH: 714.394.2606 N/A N/A $6,100.00 / DEVICES '//r 1:7E A Helping Hand...When You Need It Most AED Consultant Quote No. Shipping Method Shipping Terms Delivery Date DECEMBER 19, 2018 CITY OF LODI MS. BEVERLY JENSEN, RISK MANAGER 215 WEST PINE STREET LODI, CA 95240 PH: 209.333.6708 Payment Terms Due Date Theresa Fox TBD FEDEX Ground 7-10 DAYS Due on Signature Qty Item # Description Unit Price Discount Per Unit Line Total TBD SAM-AED SAM 350P AED Package with 10 -year warranty on unit. Package comes complete with: $1,050.00 $1,050.00 (1) Yellow Carrying Case (1) Black Ready Kit- Emergency Supplies (1) USB Communication Cable BUY-BACK Credit of old AEDs to be returned was already factored into SAM 350P AED Pricing. INCLUDED INCLUDED TBD 800-001 AED Wall Cabinet with strobe light & alarm. 18.5" w x 18' h x 7.5" deep. Weight: 18.8 lbs. $399.99 TBD *AII AEDs will be configured, tested & audirted prior to delivery. INCLUDED INCLUDED *AEDs will be tagged in accordance with SB 658* INCLUDED INCLUDED All AEDs will be entered & maintained in www.aedaccess.com INCLUDED INCLUDED SHIPPING COST PER AED $24.00 TBD SHIPPING COST PER WALL CABINET $29.50 TBD ALL PRICING TO BE HONORED THRU 1/1/20 TBD Sales Tax (7.75%) Shipping Total TBD TBD TBD Upon approval, please sign and scan to theresafoxndevicesforlife.con-i or fax to 424.206.1430. Signature Title: Devices For Life, LLC • PO Box 28062, Anaheim, CA 92809 • PH: 714.394.2606 Date EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Most Contracts (Not construction or requiring professional Iiabilitvl Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the protect that it is insuring. (d) Severability of interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contracto- shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements o -this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following term.nation of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). Failure to Comply If Contractor fails or refuses to obtain and maintain the regLired insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reirrourse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in Dalifornia. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of:he month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtan or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities, (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Donsultant's obligation to provide them. The City reserves the right to require complete, certified copies ofall required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (g) (i) Self -Insured Retentions Self-insured retentions must be decared to and approved ay the City. The City may require the Consultant to provide proof of ability to pay losses and related investigatbons, claim administration, and defense expenses within the retention. The policy language shall provide, cr be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors_ Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers (armless under the prcvisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. Subcontractors Consultant shall require and verify teat all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors Qualified Insurer(s) All insurance required by the terms 3f this Agreement mus: be provided by insurers licensed to do business in the State of California which are rated at least "F-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be acceped provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise neet City requirements. Page 2 of 2 pages Risk: rev. 3/1/2018 CITY OF LODI EXEMPTION FROM WORKERS' COMPENSATION INSURANCE To be exempt from worker's compensation, you must submit an affidavit, certifying that you do not employ anyone in a manner that is subject to the workers' compensation laws of California. (See Business and Professions Code Section 7125.) For exemption from worker's compensation, please complete the requested information, check the box, and sign the form. SECTION 1— BUSINESS NAME / SOLE PROPRIETER NAME AND ADDRESS FULL BUSINESS NAME movie F2 Li F -E LI_C BUSINESS MAILING ADDRESS 1 City State, Zip r41\1 -1-1-E1 M 141 0.5 BUSINESS PHONE o_A 2 ADDRESS EMAIL (1)4)3qU 2bCb �eresa -Po x co SECTION 2 — HECK BOX `-he.vies -Fay' fife - C a►'>7 I do not employ anyone in the manner subject to the workers' compensation laws of the State of California. SECTION 3—SIGNATURE I certify under penalty of perjury under the laws of the State of California that the information provided on this exemption statement is true and accurate. I understand that upon employing anyone in a manner that is subject to the worker's compensation laws of the State of California, the claim of exemption executed under this form will no longer be valid. I also understand that, as soon as I employ anyone subject to the California's workers' compensation laws, I must obtain a Certificate of Worker's Compensation I suran , submit that certificate and waiver of subrogation endorsement to the City of Lodi within 30 lays o its effective date, and continuously maintain the coverage provided nce with the lawn ( ,� by the certificate in Date CITY OF LODI EXEMPTION FROM AUTO INSURANCE To be exempt from Auto Insurance, you must submit an affidavit, certifying that you will not utilize an auto in any way during the course and scope of your work on behalf of the City of Lodi. For exemption from Auto Insurance, please complete the requested information, check the box, and sign the form. SECTION 1— BUSINESS NAME / SOLE PROPRIETER NAME AND ADDRESS FULL BUSINESS NAME �v►C�� POR Ff L k C BUSINESS MAILING ADDRESS ) `--ao)c cs(c,(0.g—) City ahs rn State, Zip C�4d�0`1 BUSIN€SS 4 PHONE EMAIL ADDRESS C -i ) 3 4--a(tooi, t1 . (Q) SECTIONECK BOX --hey ce s -P-O-- Uf. Cvm I will not utilize a vehicle, either owned or hired, while conducting business on behalf of the City of Lodi. This includes coming on site to City owned property to deliver goods or services or meet with City staff. SECTION 3 — SIGNATURE I certify under penalty of perjury under the laws of the State of California that the information p rovided on this exem• ion s .tement is true and accura Date Irl! -lc) o'(O,ier,Pa ' ir0 RESOLUTION NO. 2019-09 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DEVICES FOR LIFE, LLC, OF ANAHEIM HILLS, FOR AUTOMATED EXTERNAL DEFIBRILLATION DEVICES AND COMPLIANCE SERVICES WHEREAS, sudden cardiac arrest is one of the leading causes of death in the United States. Each year there are approximately 600,000 cardiac arrests assessed by Emergency Medical Services outside of a hospital setting. On average, less than 10% of those victims survive; and WHEREAS, early defibrillation with an automatic external defibrillation (AED) device can more than double a victim's chance for survival. An AED is the only effective treatment for restoring a regular heart rhythm during sudden cardiac arrest and is an easy to operate device for someone with no medical background; and WHEREAS, the City of Lodi currently owns AED devices and must purchase additional devices to be in compliance with new legislation that requires AEDs at the City's public swimming pool operations; and WHEREAS, staff received written quotes from three AED providers. Only Devices for Life, LLC, was able to provide competitive AED unit pricing as well as full compliance services, including onsite training for staff. NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Devices for Life, LLC, of Anaheim Hills, California, for Automated External Defibrillation Devices and Compliance Services, for the term of three years, in an amount not to exceed $27,000. Dated: February 6, 2019 I hereby certify that Resolution No. 2019-09 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2019, by the following votes: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None yy\frf2AAwse_o NIFER II FERRAIOLO City Clerk 2019-09