HomeMy WebLinkAboutC.J. AVERY 1-2004
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UNTIE INSURANCE EXPIRES
1!2'IO -01-
CLERK Of COUNCIL CONSULTANT AGREEMENT
DATE, 3-/7-0'/
. THIS AGREEMENT, made and entered into this ~ day of YYiaých ,2004 by
C. Cb~. and between C. 1. Avery dba C. J. Avery Building General Maintenance (hereinafter
ljIja)dj~ "Consultant"), 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 (hereinafter "City").
N-2004-020
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
general maintenance to board up unoccupied buildings owned by the City.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
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 perform board-up services as requested by City, as set forth in Exhibit A
to this Agreement.
2.
COMPENSA nON
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) 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
This Agreement shall commence on February 1,2004 and terminate on June 30, 2004,
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may
be extended upon a writing executed by the Executive Director of the Community Development
Agency and the City Attorney.
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, ajoint 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
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. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and 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 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$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
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 the provisions of Section 3300
of the Labor Code, 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. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
2
(ii)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
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.
(i)
(iii)
e. 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 forthwith
terminate this Agreement. Such termination shall not effect 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: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect 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.
7.
CONFIDENTIALITY
If Consultant receives 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 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.
8.
CONFLICT OF INTEREST CLAUSE
Consultant 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.
9.
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, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6736
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
4
To Consultant:
C. J. Avery Building General Maintenance
P.O. Box 1105
Placentia, California 92871
Telefacsimile (714) 996-1901
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 telefacsimile, any notice, tender, demand, delivery, or
other 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.
10.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 ofthis Agreement shall prevail. 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, the terms and 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 party, which are not embodied herein.
11. 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
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.
12.
TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination.
Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
13.
DISCRIMINATION
Consultant shall not discriminate because ofrace, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14.
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.
15.
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 States, the State of California,
the City of Santa Ana and all other governmental agencies. 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.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
II
II
II
II
II
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY m' 2
~AM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney!
RECOMMENDED FOR APPROVAL:
CONSULTANT
~~'kJ~
t IU'OHN P. EKSTIN
Executive Duector of the
Community Development Agency
J j. ~ -3/lIkN
C.J. AVERY
Owner
TaxID# 13o.!¿ J' 'i6~
7
roposa
C.J. AVERY BUILDING GEN. MAINT.
General Contractor
P.O. Box 1105
PLACENTIA, CALIFORNIA 92871
Lic. #554601 Fed. 1.0. 330328962
(714) 996-4240 FAX (714) 996-1901 E-Mail cavery5348@aol.com
Pr_1 Submitted To Phone
City of Santa Ana, Housing Division M-37 (714) 667-2294
Page No.
of
..
~
2/18/2004
20 Civic Center Plaza, P.O. Box 1988
Sarita Ana,Ca. 90702 e
ArchRect Dale 01 Plene
eme
George Garcia /I Arabela Saldivar
on
Asst Propertys.
We Hereby eubmR epecIllcellone end 8811I11III88101':
Tl1is bid is to set pricing, as requested in areas as listed below.
1. Service call : For purpose of Evaluation or to do a certain called item.
2. Normal board up of propertys for City of Santa Ana: Interior style only.
a. Windows 2' X 3' and smaller.
b. Windows 3' X3' and up to 4' X 5'
c. Windows 4' X 6' and up to 4' X 8'
d. Windows Larger are by bid only, based on time & materials needed.
e. Normal FHA Door board up with heavy duty hindges + hasp & lock (Front only.)
f. Doors larger than 36" X 80' are by bid or by time & materials.
g. Single garage doors, board up. (No entry )
h. Double garage door, board up to 18' X 7' (No entry)
i. Any door brace on interior. 2X4's double style.
j. Other than new door add hasp to lock dosed, for entry by inspector.
k. All other board up done by Time & Materials.
3. Special note any project if it is over $ 350.00 No Service call will be charged.
4. Ether need combo of locks needed, fumished or not, if not regular Masters used ??
Notice
Contractors are required by law to be liCensed and regulated by the Contractors' State License Board. Any questions concerning a
contractor may be referred to the Registrar Contractors' Slate Ucense Board, 9835 Gaeth Road, Sacremento. Calilornia 95827.
Mailing address: P.O. Box 26000, Sacramento, Camornla 95826.
You, as Owner or Tenant, have the right to require the Contractor to have a Performance and Payment Bond.
Page.
e
$
$
$
$
$
$
$
$
$
75.00
25.00
45.00
65.00
Open
125.00
Open
185.00
295.00
25.00
25.00
OPEN
You, as the buyer, may cancel this transaction at any time prior ot midnight of the third business day after the date of this transaction.
f:- thA AttA~hAl'l nntl~A nl ~An~AiI"'inn form lor An A>cpIAnAtion of thl. right
. I
manner a:x:ordng to -.I ¡ndioo& Any alteration or deviation from above spclflca-
~ r~=g .=a:...:. beth.~,:,iY r =~=r=~
"""idents
or delays beyond our control. Ov",ar to cerry fire, - ..,d other necessary
insurMC8.
Our worka'" ara luily covered by Wori<men's Compensation insurance.
Acceptance of Proposal. The above prices. specilications
and conditions are salisfactory and are hereby accepted. You are authorized Si!J1Eture
10 do the work as specified. Payment will be made as outllnedabove.
Dale of Acceptance: SI!J1a/1Jre
days.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
J 'ACORD .CERTfFICATI: OF LIABILITY INSURAJ<'CE " DATEMMlDOIYYYY)
-- ., . 10/23/2003
PRODU.ER (714)245-2777 FAX (. ~4)245-1788 THIS CERTIFICATE Iv .":SUED AS A.~TTER OF INFORMATION
Assistance Insurance Agency, Inc. ~~tb:~~~I~~::iìF~2A'r;~Ò~~~<Ö~ :.~g~~J::~~~OR
400 N. Tustin Avenue Ste 470 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE
COIIIIIercial Lines NArc #
INSURED C J Avery Buildlng General Malntalnance INSURER A' Colony Insurance Company
P.O. Box lI05 INSURER B' American Employers Group
Placentia, CA 92870 INSURER c,
INSURER 0-.
INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOD INDICATEO. NOfWlTHSTANOIN
ANY REQUIREMENT. TERM OR CONDITION OF AN'( CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDmONS OF SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS.
LTIt NSR TYPE OF INSIlRANCE
GENERAL UAIIII.ITY
X COMMERCIAL GENERAL LIABILITY
ClAIMS MADE ill OCCUR
POLICY NUIIBER
OATE Llms
ffl(+W2004 EACH OCCURRENCE $
"""'" """" $
MEOEXP(Any"""peoson) $
PERSONAL S AOV INJURY $
GENERAL AGGREGATE $
PROÐUCTS.COMPiOPAGG $
A
COMBINED SINGLE LIMIT
(Eo acdd",')
BODILY INJURY
(f'e< peoson)
BOOILYINJURY
(P...-dent)
OCT 2 9 2003
ANY AUTO
OTHER THAN
AUTO ONLY,
EACH OCCURRalCE
AGGREGATE
PROPERTY DAMAGE
(""acddenll
AUTO ONLY - EAACCIOEHT $
EAACC $
AGG $
$
$
$
$
$
EXCE.SSIUMBRELlA LIABILITY
OCCUR 0 ClAIMS MADE
DEOUCTIBI.£
RETENTIOH
WORKERS COMPENSATION AHO
EMPLOYERS' LIABIUTY
B ~~~..w~N,16~'6?ŒCUTIVE
~~~S--
OTHER
236680 01/22/2003
01/22/2004
10000
10000
100000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I PROVISIONS
'er Jobs Contracted on the. Property Rehabilitation Loan Program. See additional insured endorsement
.ttached.
0 day notice of cancellation clause for non-payment of premium.
CERTIFICATE HOLDER
Crai
The Community Redevelopment Agency Of The
City Of Santa Ana" The City Of Santa Ana
Its Officers, Agents, " Employees
Atten: Arabela Saldivar
P.O. Box 1988-M-26
Santa Ana, CA 92702
~CORD 25 (2001/08)
.fÞ1ÞT
i' IOI2J120(13 P: 2~
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10-23-2003 ,..... l' 'T'ta....f*t""
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APPROVED AS TO FORM
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'.. . . INTERINSURANCE EXCHANGE of the Automobile Club
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AUTO CLUB MEMBERS' PREFERRED PERSONAL UMBRELLA POLICY RENEWAL DECLARATIONS
PLEASE REAO; 'rhese daoIarallol>S constltulo our olle' 10 renew this ln~urÐnce for lhe policy period shOwn below. Ronowal is contingent upon
your payment otthe Balance Due belo,e or on the Due Date shOwn in the detaahable Insurance G~ling bolow. Fa«ure ra oay the Balanc. Duo
before or on the Due Dot. shah mean that you rojo<:tod this renewel oIfer. AU coverago allorøoø by this poIioy w¡' 111sn \Ofmlna'o at 12:01 8.m..
. Paaifro SlandarØ rom. on tho Ef!ecUve Dete shown in these doclaraUon. under .policy Poriod.' The.. d.cl.,.r;on.. roo.rh.' ",ilh Ihe con"a.'.""
the endorsements In .Uoc~ comploto your policy.
ITEM 1. YOUR NAME AND ADDRESS
A
AVERY. CARROL AND DORIS
1331 LIMERICK DR
PLACENTIA. CA 92870
POLICY NUMBER
UP 6831867
ITEM 2. lIMfT OF lIASIUTY: $ 1.000.000
IN EXOESS OF THE LIMITS OF LIABILITY OF PRIMARY INSURANCe
POLICY PERIOD:
Pacific $10_'" Tin'e
FROM 10/10/03 ~2~\o10/10/04 Á.~~'
EFFECTIVE DATE EXPIRATION DATE
DEDUCTIBLE: $250
ITEM 3. SOHEDULE OF REQUIRED MINIMUM PRIMARY INSURANCE
LIMITS OF LIABILITY
DESCRIPTION &ODIL Y INJIJIIY t'ROI'ER'rv OAMAGI: LIAbiLITY
COMPREHENSIVE PERSONAL LIABILITY $500,000
(OR HOMEOWNERS LIABILITY)
AUTOMOBILE LIABIL!TY $500,000/500,000 $100,000
~ATERCRAi:r lIA8lUTY $500,000
WARNING: THE "MAINTENANCE OF PRIMARY INSURANOE" PROVISION OF YOUR POlICY INVOKES COVERAGE LIMIT ATION$ IF PRIMARY
INSURANCE IS NOT MAINTAINED. PL£.6.SE REVIEW YOUR POlIOY CAREFULLY.
TEM 4. ENDORSEMENTS IN EFFECT PREMIUM
2355 - AMENDA:rORY ENDORSEMENT
s
0
TEM 5. POliCY PREMIUM
!XI'OSuRf PAEMIUM
BASIC -
eIlEOlTNO. TEAPJTORY ëXPOSlJ!OE PREMI\}M '""OOIU~,)' PII!!MIUM HIGH LfMrr PREMIUM CA SUFICHARGE TOT At POlICY PReMIUM
1593-19 1 $ $ $ ~ $
,. I SEE REVERSE I -
,.. FOR QUESTIONS OR CHANGeS. CALL TOLL-FREe
V DETACH HERE AND RETURN WITH PREMJUMPAYMENT V
1-800.924-6141
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