HomeMy WebLinkAboutDTSA SERVICES (ROMO ENTERPRISE, INC.)INSURANCF ON FILE
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DATECL JCP 11 2024
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CITY OF SANTA ANA
N-2024-304
CNcn:4pa. LeA),v,T- AGREEMEMENT WITH ROMO ENTERPRISES, INC, TO PROVIDE CLEANING,
POWER WASHING & STREET CLOSURE SERVICES FOR FIESTAS PATRIAS
THIS AGREEMENT is made and entered into on this 6th day of September, 2024 by and between
Romo Enterprise, Inc., a California corporation dba DTSA Services ("Contractor"), and 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").
RECITALS
A. The City desires to retain a contractor having special skill and knowledge in the field of
providing cleaning, power washing, and street closure services for the City's Fiestas Patrias
event to be held on September 14 and 15, 2024.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor 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
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described, for the services and dates set forth in Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount to be expended
during the term of this Agreement shall not exceed Nineteen Thousand, Five Hundred
Twelve Dollars and 00/100 ($19,512). This total includes a base amount of $17,738
and a ten (10) percent contingency amount of $1,774 to pay for additional services
requested at the sole discretion of the City.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Contractor agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Contractor agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
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documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Contractor's account(s) with financial institutions.
c. 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.
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This Agreement shall commence on the date first written above and continue through
September 30, 2024, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor 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 Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
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 Contractor under this Agreement ("Documents & Data"). Contractor
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.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor 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.
6. INSURANCE
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.
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a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat 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: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers' Compensation: insurance 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.
4. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions — The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL 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 1185 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 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
0104 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
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City 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 has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
ANII, unless otherwise acceptable to the City.
Claims Made Policies: If any of the required policies provide coverage on a
claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor's obligation to provide them.
9. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at
any time.
10. Special Risks or Circumstances: Entity reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
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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 Contractor, its subcontractors, agents, employees, or other persons
acting on its 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 Contractor
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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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
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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
Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, 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. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or 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
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
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
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Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. 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.
18. PROFESSIONAL LICENSES
Contractor 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 States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor 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.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
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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, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
City Cleric
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714- 647-6956
With courtesy copies to:
Executive Director
Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Romo Enterprises, Inc.
Attn: Jose Rome,
201 E. 4th Street
Santa Ana, CA 92701
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 fax, 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.
20. 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.
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SIGNATURE PAGE FOR
AGREEMEMENT WITH ROMO ENTERPRISES, INC, TO PROVIDE CLEANING,
POWER WASHING & STREET CLOSURE SERVICES FOR FIESTAS PATRIAS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
\
Jennifer L all
City Cler
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Bran Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
20442i—�
Hawk Scott (Sep 9, 202410:42 PDT)
Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency
CITY OF SANTA ANA
IIN4 r
Alvaro Nunez
City Manager
CONTRACTOR:
Jose Rama (Sep 9, 202410:26 PDT
Jose Romo
Manager
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EXHIBIT A
SCOPE OF SERVICES and COSTS
AUL
D '� SAN
S=RVI'ES
August 28, 2024
Monique Leon
Recreation & Community Services Supervisor
City of Santa Ana
20 Civic Center Plaza, Second Floor
Santa Arta, CA 92701
Hi Monique,
2SI E 4th St, �yita Ana CA 92701
714.,312 9227
josz tldGasen;ices. Con)
Thank you for the opportunity to provide cleaning, power washing and street closure services for
the upcoming Fiestas Patrias event to be held in Downtown Santa Ana. DTSA Services provided
event management, logistics and trash management services for this historic event from 1999,
when it was held in Downtown Santa Ana, until it was relocated to Flower Street.
Our experienced team will gladly provide services to ensure event attendees have an enjoyable
experience.
Here is the estimated cost of the requested services:
Litter maintenance
Saturday 9/14, Sunday 9/15 and Monday 9/16: $14,688.00
Power washing of event food areas
Monday 9/16 and Tuesday 9/17: $2,200.00
Street closure services on Main Street
Monday 9/16 at 5 am and removal at 5 pm: $850.00
Litter maintenance service will take place during event hours. Service will include picking up all
trash from streets, sidewalks and alleys and taking it to the City provided 40 yard roll -off
dumpsters.
'Power washing of event food areas will take place Monday and Tuesday after all event
equipment has been removed.
Street closure equipment with water filled K-rails will be placed on Main & 31 and Main & 41h on
Monday at 5 am.
Since
Jose Romo
Manager
Gmai l Jose Romo <jose@dtsaservices.com>
Internal Notice of Compliance
1 message
City of Santa Ana <certifcate-request@ctrax.jdidata.com> Thu, Jan 25, 2024 at 8:24 AM
Reply -To: RMD@santa-ana.org
To: JCastro-Cardenas@santa-ana.org, jose@downtown-inc.com, jose@dtsaservices.com
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Name:
Romo Enterprises Inc.
_ —
Project
--
Number:
A-2023-025
Project —�
INamn• (Agreement with Downtown Santa Ana Clean & Safe Team
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
POLICY EXPIRATION COI DATE
NUMBER DATE
6060191F2075
92KDG6947
12/20/2025
01/01/2025
12/11/2023
01/08/2024
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 92KDH4208 01/01/2025 12/11/2023
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
FILE NAME
ROMO
ENTERPRISES
CERT COSA
2024 2025.pdf
ROMO
ENTERPRISES
CERT COSA
2024 2025.pdf
ROMO
ENTERPRISES
CERT COSA
2024 2025.pdf
in partnership with
CTrax Plus Services Team
1 /25/2024 11:23 AM