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HomeMy WebLinkAboutSANDOVAL, VICTOR; DBA: SUPER ANTOJITOS EXPRESSCity of Santa Ana �t Clerk of the Council corcmice Use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all i amendments (if any) are no longer in effect. I Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreementCLERK OF THE C�tUNCfrs) a permanent record? Yes No �2l �I�S � 2� P4t.:'79 Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with Aiir)f s y)"a, i" cc�r lf A e No N-2019-174 was completed on 1 I50 1 11CI and final payment has been made. (List all amendments. Use space below if needed.) Department:, Phone/Ext.: Signature: Date: QC Revised: 10-18-16 INSURANCE NOT ON FILE N-2019-174 WORK MAY NET -PROCEED CLERK OF COUNCIL ® DATE: SEP 12 2019 0 , \ k 5 Af \ -) AGREEMENT WITH SUPER ANTOJITOS EXPRESS FOR CATERING SERVICES FOR FIESTAS PATRIAS 2019 THIS AGREEMENT is hereby made and entered into this 4th day of September, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Victor Sandoval dba Super Antojitos Express ("Consultant"). RECITALS A. The City desires to retain Consultant to provide catering services for the City's Fiestas Patrias Event to be held on September 14-15, 2019 ("Event"). C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide catering services for the Event as set forth in Exhibit A and incorporated by reference in this Agreement. 2. COMPENSATION a. The total sum authorized under this Agreement shall not exceed two thousand four hundred eight dollars ($2,480.00) plus a 10% contingency of two hundred and forty- eight dollars for a total of two thousand seven hundred and twenty-eight dollars ($2,728.00) during the term of this Agreement. The contingency is for use at the City's sole discretion in the event that additional services are needed for the Event. The Consultant will charge the rates and fees set forth in the attached Exhibit A. b. Consultant will invoice City on a monthly basis. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date first written above and terminate on September 30, 2019, unless terminated earlier in accordance with Section 13, below. Pagel of 8 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Cormnercial General Liability Insurance. Consultant shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $'1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: professional liability (crrors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. - e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Page 2 of 8 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code §2782.8, the above indemnity shall be limited, to the extent required by Civil Code §2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 8 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly iidentifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 To City: City of Santa Ana Clerk of Council 20 Civic Center Plaza, (M-30) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714)571-4211 To Consultant: Mr. Victor Sandoval dba Super Antojitos Express 1702 North Bristol Street, Unit D Santa Ana, California 92703 Phone (714) 835-3619 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior Page 5 of 8 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City with five (5) days written notice of tenmination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. _ Consultant affirms _ that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the County of Orange, the City of Santa Ana and all other governmental agencies. This includes, but is not limited to, an Orange County Department of Health permit. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 6 of 8 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the Power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA P. CARVALHO City Attorney By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: L S UDLOFV Executive Director of Parks, Recreation and Cotmnunity Services Agency CITY OF SANTA ANA KRISTINE IDGE City Manager CONSULTANT: VICTOR SANDOVAL DBA SUPER ANTOJITOS EXPRESS i By: Victor Sandoval Owner Page 7of8 EXHIBIT A PROPOSAUSCOPE OF SERVICES/FEES AND RATES Page 8 of 8 EXHIBIT A Santa Ana, Ca. 92701 714-480-0785 SUPER ANTOJITOS 1702 N. BRISTOL SANTA ANA CA 92703 714 835-3619 INVOICE CITY OF SANTA ANA APPETIZERS ONLY 9/14/19 250 PLATES & APPETIZERS 9/15/19 Purposs Ofcxpuusc: PII?STA I WENT VIP CATP'MNG 250 PLATES $8.00 �$2,000.00 250 CUPS CONTAINER _ _ _ RICE CONTAINER BEANS CONTAINER ORDER OF CHIPS 2 CONTAINERS ORDER OF S'1I.S3 3 TYPES CHICKEN, PORK, PASTOR AGUAS TAMARINDO, LEMON, I ItCI I �T,-A ^� 60 N'IP/APPETIZFRS ASSORTED $8.00 $480.00 Trit INCLUDED 0,00 GRAND TOTAL $2,480.00 - __-- 7709/ACRo" CERTIFICATE OF LIABILITY INSURA M""°°"""' NCE04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DO S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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 t certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and con itions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder i lieu of such endomement(s). PRODUCER CON q T AMEQuality Plus Insurance N_ QIIALITY PLUS INSURANCE AGENCY, INC. PHONE F�AICINI. 714-245-1201 I.-xa Xt). 714-245-1200 1450 N TUSTIN AVE E-MAIL STE 221 AopREss: gualityplus2009@gmail.com SANTA ANA $ AFFO INSURERRDWGCOVEMGE NAICp _ _ _ CA 92705 _ INSURERA: GOLDEN BEAR INSURANCE CO INSURE° Victor Sandov 1 INSURERB:SIRIUS AMERICA INSURANCE CONPAIM — dba:Super Ant_ jitos Express wsuseac: 1702 N. Brie to St.Ste DINSURER 0: ------- Santa Ana CA 92708 INSURER E: — INSURER F CnVFRAriFS _. THIS IS TO CERTIFY -- ""'—"'—"""••'"` THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE KtVISIUN NUMBER: INDICATED. NOTWI BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY E E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY OR OTHER DOCUMENT WITH RESPECT TO THE POLICIES DESCRIBED HEREIN IS WHICH THIS EXCLUSIONS AND C NDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN SUBJECT TO ALL REDUCED BY PAID CLAIMS. THE TERMS, INSR LTR' TYPE OF A6DC SUEFRT --- NSURANCE POLICY NUMBER YVYYF �I COMMERCIAL GENERAL MMI00 ryPiM�OOYiVYvr LIMnS - CLAIMS MA �LIABILITY E ! y OCCUR 7ITBI9451O EACH OCCURRENCE $ 08/30/19', 08/30/20 DAMAGE REN D 1,000,000 - PREMISESEaoccuTWXXI $ 100,000 I MED EXP (AN one person) $ 5 ,. 0 0 a PERSONAL 6ApV INJURY $ _... 1 1 OOO 1 OOO GEML AGGREGATE L M IT APPLIES PER I I IGENERALAGGREGATE $ 2,000,000 PI CY j Ci `_� LOC PRODUCTS-COMPlOP AGG $ �— 1, 000, OOO R: j ILE LIABILIC, LIMIT AUTO f a rier tSINGLE BODILY INJURY(Perperson) S OINED SCHEDULEDS I BODILY INJURY(Per amdent)DAUTOS AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per acad ntELIA LIAR. OCCUR I LIAB _ CLAIMS -MADE I EACH OCCURRENCESS DEC AGGREGATE RET WORKERS COMPENS AND EMPLOYERS LI NTIONS ON ! ILITY YIN ➢7C17418-19 E 08/13/19110 a/ 13/20 STATUTE OERH ANY PROPRIETORIPAR. B OFFICEWMEMBER EXC NER/EXECUTIVE UDEO? N/A -- EL_ EACH ACCIDENT $ 1,000,000 (Mandatory in NH) Ifyyas, descdbe under ! E.L. DISEASE - EA EMPLOYE S 1, 000, 000 •DESCRIPriONOF OPE ATIONS below EL. DISEASE -POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATI $/LOCATIONS/VEHICLES IACORD 101, AddlOpnal Remarks ScM1eduM, may ba aHacbed If more apace le raeelred) RESTAU **CERTIFICATE HOLDER IS ADDITIONAL INSURED PER FORM (=2010)** REVIEWED & APPROVED CPRTIFICATF Uni n o IC ANACCMcnIT nncln : City of Santa a Risk Nanagernen IDivisian 20 Civic Cent,} Plaza Santa Ana ACORD 25 (2014/01) 142019 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES CANCELLED BEFORE ItaW,l,)4 THE EXPIRATION GATE THEREOF, NOTICE WILLLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SA NTHA M. LAMB RZEO ftEPRE VE CA 92702 ©1988-4)14 ACORD CORPORATION. -Aft rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Santa Ana, It's officers, agents, employees, and volunteers: Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. Additional Premium: Included ($550.00) 2.This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality: or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". Other Insurance — subject to all terms and provisions of the policy, insurance as provided by this endorsement shall be deemed primary and noncontributory, but only with respect to work performed by or on behalf of the named insured in connection with the described project. The person or organization named in the schedule above will be provided with a notice of cancellation if such cancellation is initiated by us. Notice periods are 10 days for non-payment of premiums, 30 days for all other reasons. CG 20 12 05 09 Services Office, Inc., 2008 Page 1 of 1 ❑ MIL3699190 - VICTOR 3 SANDOVALLOPEZ ' ID Care California Insurance ID Card Alliance United Insurance Company PO BOX 280339 Northridge, CA 91328-0339 NAIC # 10920 Policy Number Effective Date Expiration. Date b1fL3689190 03/22/2019 09/22/2019 Ob Gerd vai u only if policy is in -force) C Named Insured: Named Drivers: VICTOR J SANDOVALLOPEZ -VICTOR J SANDOVAUOPEZ 2132 S ROSS ST -MADE JESUS SANDOVAL s 1 SANTA ANA, CA 92707-2717 Broker: TEPA INSURANCE SERVICES INC - 001 Phone: (714) 835-5159 Vehicle Information: Year Make 2006 CHEV Model EXPRESS G3500 VIN # 1 GAHG35UG61270014 Batres, Sonia From: Meza, Rocio Sent: Friday, September 13, 2019 1:04 PM To: Batres, Sonia Subject: FW: Antojitos Here you go... it +2020+ censL;s SANTA ANA COUNTS Rocio Meza Recreation Leader City of Santa Ana / Southwest Senior Center Parks, Recreation & Community Services Agency Office: (714) 647-6742 rmeza'��santa-rna.ora Learn*Have Fun*Get Fit*Be Respectful From: jacobandvictor [mailto:jacobandvictor@gmail.com] Sent: Friday, September 13, 2019 12:56 PM To: Meza, Rocio <RMeza@santa-ana.org> Subject: Antojitos Hola solo para decirles que usare mi vehiculo personal para el evento el 15 de septiembre ,victor Sandoval Gracias Sent from my T-Mobile 4G LTE Device Batres, Sonia From: jacobandvictor <jacobandvictor@gmai1.com> Sent: Friday, September 13, 2019 12:56 PM To: Meza, Rocio Subject: Antojitos Hola solo Para decirles que usare mi vehiculo personal Para el evento el 15 de septiembre ,victor sandoval Gracias Sent fi-om my T-Mobile 4G LTE Device yV& MPP iznBRSkMNDv o 142013 M. 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