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Attachment 2 - Ratified ConrtactAmend1.NATEC.4-2021.pdf

Richmond City Council
June 7, 2022

Document
Attachment 2 - Ratified ConrtactAmend1.NATEC.4-2021.pdf
Meeting
June 7, 2022
Body
Richmond City Council
Original file
2.6 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Employment and Training Dept. Project Manager: Fred Lucery Project Manager E-mail: Project Manager Phone No:

Fred Lucero (510) 772-8105
P.R. No: Vendor No: 14169 P.O./Contract No: /5016
Description of Services:

Contractor shall provide additional Hazardous Materials training and certification at the Richmond BUILD Academy.

Amendment No. _1_ modifies the: (2"d or subsequent amendments attach Amendment History page) 0Term, Payment Limit and Service Plan D Payment Limit and Service Plan 0Term and Service Plan D Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows :

1. Parties. The parties to this Contract Amendment are the City of Richmond , California, a municipal corporation (City) , and the following named Contractor:

National Association of Tra ining and Environmental Consulting (NATEC) Company Name: International, Inc .

Street Address : P.O. Box 25205
City, State, Zip Code: Anaheim , CA 92825
Contact Person: Allison Croulet
Telephone : (909) 697-6407 Email: [email protected] Business License No: 40059399 I Expiration Date: November 5, 2021 A California[{] corR,ration , n limited liability corporation D general partnership, D limited partnership , indiviffifal , D non-profit corporation , D individual dba as specify:]
0 other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on December 20, 2019 , which original term commenced on December 3, 3019 and terminates June 30, 2021 with an original ------------------
contract payment limit of $45,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference .

3. Original Contract Prov isions . The parties hereto agree to continue to abide by those terms and conditions of the Original Contract , and any amendments thereto, which are unaffected by this Contract Amendment.

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference , and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract , the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures . These signatures attest the parties' agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By __ ~~,__....::.,_ ___ _
Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
Contract Amendment/EJ /TE 09-26-07
CONTRACTOR:

National Association of Training and Environmental
Consultina fNAT EC) International. Inc.
(*The Corpora tion Chief Financial Officer , Secretary or Assistant Secretary should sign on the line below.)
\ It 3/3• /~1
By: j1l. :J. \ ~~\1c l~t w \~Q.~Jf,.l.

Title: Cz tt.fort/FTY- C FO
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization , this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary ; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Contract Amendment between the City of Richmond and
National Associat ion of Training and Environmental Consulting (NATE C) International, Inc.

Amendment No.
1 P.O./Contract No.
/5016

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
December 3, 3019
(Insert original contract commencement date)
and it terminates
June 30, 2022
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by$ 4, 700.00 . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed$ 49,700.00 including expenses."
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $1 0,000."

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Please see attached.

Contract Amendment/EJ/TE 9-26-07
Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting {1\lt..TI=C:\ lnte>rn,;;ttinn,;;t( In,..

Amendment No.
1 AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR'S OBLIGATION'S)
P.O./Contract No.
/5016
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Provide additional services:

NATEC International , Inc. will provide the following training services:
• Hazardous Waste Operations and Emergency Response (HAZWOPER) certification; • Occupational Safety and Health Administration (OSHA)1 0; • First Aide/Cardiopulmonary resuscitation (CPR);
• Confined Space, and;
• Traffic Control.

1. Contractor shall not be limited to the classes listed above, and may provide other trainings if requested by the Project Manager .

2. City of Richmond shall determine the dates and times of the classes, and provide a suitable training space with a projector or flat screen display for presentations.

3. Contractor shall schedule/notify appropriate governing bodies of training classes and report trainees' completion of trainings within required time limits.**Contractor shall be responsible for submitting course completion paperwork and ID photo to CA Department of Public Health to certify graduates.**

4. Contractor shall provide hard copy certificates of completion and wallet cards for all trainings that indicate : expiration dates, training provider information, and trainee name. ALL CERTIFICATIONS SHALL BE DELIVERED TO PROJECT MANAGER ; CERTIFICATIONS SHALL NOT BE GIVEN TO INDIVIDUAL PARTICIPANTS.

5. Contractor shall provide laptop for presentations , student manuals, worksheets , exams, and any other required classroom reading or testing materials .

6. Contractor shall provide any and all required training and protective equipment, including but not limited to: personal protective equipment for head and extremities, protective clothing , respiratory devices, tanks, decontamination booth, Tyvek suits, etc.

7. Contractor shall provide online tracking for each course indicating the certification date, expiration date, instructor, all participants and who completed the course.

Contract Amendment/EJ/TE 9-26-07
..

Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting {1\lli.TI=r.) lntorn~tinn~l lnl"
Amendment No.
1 P.O./Contract No.
/5016

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
0 Increased contract payment limit by$ 4,700.00 for a payment limit not to exceed$ 49 700.00 .
0 Term Amendment (insert new termination date):_J_u_ne_3_0_, 2_0_2_2 _____ _ 0 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager o for one or more of the following provisions (check those that apply):

D Increased contract payment limit by $ _______ for a payment limit not to exceed $49,700 .00
D Term Amendment (insert new termination date): __________ _ D Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 49 700.00
D Term Amendment (insert new termination date): _______ ___ _ D Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

D Increased contract payment limit by$ _______ for a payment limit not to exceed$ 49 700.00
D Terni Amendment (insert new terminat ion date): __________ _ D Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):

D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 49 zoo DO
D Term Amendment (insert new termination date): __________ _ D Service Plan
NATEINT 01 - KPHAM
ACORD~

CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDDIYYYY)
~ 3/18/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC IES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER .

IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy(i es) must have ADDITIO NAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED , subject to the term s and conditions of the policy , certain policies m ay require an end orseme nt. A statement on this certificate does not confer rights to the certificate hold er in lieu of such endorsement(s).

PRODUCER Licen se # 0548614 . ~2AAI~c T Katherine Widak Western Insurance Marketing Corporation Ff,8,NJo, Ext): I FAX PO Box 4760 (AIC, No):

Diamond Bar, CA 91765 loMDA~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : State Comp Insurance Fun d 35076
INSURED INSURER B:

NATEC International , Inc . INSURERC:

PO BOX 25205 INSURER D:

ANAHEIM , CA 92825 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER · REVISION NUMBER ·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1~-fl: TYPE OF INSURANCE ~9fJ- 'tW~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ r-- tJ CLAIMS-MADE D OCCUR ~~t;l:'}~q?E~~J~~encel r-- $ r-- MED EXP CAnv one oersonl $
r-- PERSONAL & ADV INJURY $
H 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY D ~r8-r D LOC PRODUCTS • COMPIOP AGG $
OTHER: $
~TOMOBILE LIABILITY fe~~~~;~1 ;> 1NGLE LIMIT $
-
ANY AUTO ,--- BODILY INJURY CPer oersonl $

OWNED SCHEDULED
-
AUTOS ONLY r-- AUTOS BODILY INJURY CPer accident $
,--- ~L't'WsoNLY r-- ~8{'b~~l~ Ft.?~a!~i~t?AMAGE $
s
UMBRELLA LIAB .t-=1. OCCUR EACH OCCURRENCE $
- EXCESS LIAB CLAIMS-MADE AGGREGATE s
OED I I RETENTION$ s
A WORKERS COMPENSATION X I ~ffnm: I I ~~H-AND EMPLOYERS' LIABILITY YI N 3/15/2021 3/15/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE D X 9050050 E.L. EACH ACCIDENT $ 1,000 ,000 ~FFICER/MEMB~R EXCLUDED? NIA 1,000,000 Mandatory In N ) E.L. DISEASE· EA EMPLOYEE $ g~~~~f~f;~~ 'if~~PERAT IONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Waiver of Subrogation applies t o Workers Compensation to the extent provided in the attache d form.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL LED BEFORE City of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Empl oymen t & Training Department 330-25 th Street
Richmond , CA 94804

AUTHORIZED REPRESENTATIVE
I ~
ACORD 25 (2016/03) © 1988-201 5 A CORD CORPORATION. All rights reser ved .

The ACORD n ame and logo are registe red marks of ACORD

STATE ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS

BROKER COPY

COMPENSATION

INSURANCE
FUND

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
EFFECTIVE MARCH 15, 2021 AT 12.01 A.M.

AND EXPIRING MARCH 15, 2022 AT 12.01 A.M.

NATEC INTERNATIONAL, INC
PO BOX 25205
ANAHEIM, CA 92825

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
9050050-21

RENEWAL
sc
5-04-55-10
PAGE 1 OF

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE

OR EXTEND ANY OF THE TERMS, CONDITIONS , AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO :
~~-5{
MARCH 11, 2021
d~,P>~ .41-L<~~

PRESIDENT AND CEO
2572
SCIF FORM 10217 (REV.7·2014) OLD DP 217
1 ..

PACEP4223633
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES

OR CONTRACTORS - SCHEDULED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Name Of Additional Insured Person(s)
Or Organlzatlon(s) Locatlon(s) Of Covered Operations
Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
A. Seclion XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person{s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily Injury, property damage, personal and advertising injury, environmental damage , or cleanup costs caused, in whole or in part by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your oehalf; in the performance of your ongoing operations for the additional insured(s) at the location(s)­ designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such add ~ ional insured will not be broader than that which you are required by the contract or agreement to provide for such add~ional insured.

B. With respect to the insurance afforded to these additional insureds. the following addrtional exclusions apply:

This insurance does not apply to bodily injury or property damage occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of t he additional insured(s) at the location of the covered operations has been completed; or

2. That portion of your work out of which the injury or damage arises has been put t o its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

EPACElOl-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1of2 with its permission.

C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE:

If coverage provided to the additional insured is required by a contract or agreement, Lhe most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Liability shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE101·0814 Includes copyrighted material of Insurance Services Office, Inc., Page2of2 with its permission.
..

PACEP422363
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION BY US­

CERTIFICATE HOLDER(S)
This endorsement modifies Insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Certificate Holder(s}:

PER THE SCHEDULE ON FIT....E WITH COLONY
Section XXUI. CONDmONS, 4. Cancellation is amended by the addition of the following:

If we cancel this Policy before the expiration date thereof, we will mail 30 days written notice ( 1 0 days for non·payment of premium) to the Certificate Holder(s} indica led in the SCHEDULE above.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE106-0714 Page 1 of 1
'.

PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

PRIMARY AND NON-CONTRIBUTORY­

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Person(s) or Organization(s):

Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
Seclion XXIII. CONDmONS, 14. Other Insurance is amended by the addition of the following:

This insurance is primary to and will not seek contribution from any other insurance available to lhe person(s) or organization(s) listed in the SCHEDULE above provided that:

1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organizatlon(s) listed in the SCHEDULE. .

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE107-0714 Includes copyrighted material oi lnsurance Services Office, Inc., Page 1 of 1 with its permission.
..

PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION FOR SPECIFIED

PERSON, ENTITY OR ORGANIZATION
This endorsement modifies insurance provided under the following:

EnviroPACE Insurance Policy

SCHEDULE
Name Of Person(s), Entlty(les) or Organlzatlon(s):

Where Required By Written Contract

PER THE SCHEDULE ON FILE WITH COLONY
Section XXIII. CONDtTIONS, 17. Subrogation is amended by the addition of the following:

In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, enl~y or organizalion. The Insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shaH do anything to prejudice such rights.

Any recovery obtained as a result of subrogation. after such expenses incurred in the subrogalion proceedings are deducted by us, shall accrue first to the insured to U1e extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Polley; and then to the insured to the extent of its Deductible.

However. solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery agalnst the person(s), entity{ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s). entity(ies) or organization(s).

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EPACE113-0714 Page 1 of 1

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