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HomeMy WebLinkAboutSUPER ANTOJITOS - 2016 City of Santa Ana C20ib 1141 Clerk of the Council s S -- COTC Office Use Only AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all r amendments (if any) are no longer in effect. � �f erg j 1 Note: If your agreement is grant related, please ensure that all grant retention requirementsCIT , 1^ have been satisfied prior to signing the termination form. CIRVek OF } Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with 21fa,a/L - . No. N-2016-135 was completed on 61 11 1 1.Le and final payment has been made. (List all amendments. Use space below if needed.) Department: ?PeS Phone/Ext.: S a-S-L-{' Signature: � ��LC QQ A,'CR.-Q Date: Revised:01-07-16 ALL, �� r 1l� WC N-2016-135 'WORK °:+Ji)e` AA t/31/16 CLE tW)V#7 O: PRCS ( 1) CATERING SERVICES AGREEMENT "Nvia Cuevas T11IS AGREEMENT is made and entered into this _::I�day of September, 2016, by and between Super Antojitos C Provider") 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 service provider having special skills, resources and knowledge to provide food catering for the Fiestas Patrias event. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in the field and that any services perfonned by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. 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 Provider shall perform those services as set forth in Exhibit A to this Agreement. 2, COMPENSATION 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 Four Thousand One Hundred and Twenty Dollars ($4,120:00) during the tenn of this Agreement. 3. TERM This Agreement shall cornmence on the date first stated above and terminate on September 11, 2016, unless terminated earlier in accordance with Section 11, below, The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided Page 7 of 6 City of Santa AnaC ....... � T Clerk of the Council coTcorrrceUse Only .......... AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all n -a" jr F amendments (if any) are no longer in effect.jh� Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. CITY 0. ` CLERK Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No N-2016-135 was completed on and final payment has been made. (List all amendments. Use space below H needed.) Department: ?ice Phone/Exf.: ,j D-5-1+ Signature: �fl Q�CC,�ILkAkfD Date: C41&DA-i%6 Revised: 01-07-16 by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider 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 Provider's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amotmts 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 Provider 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, Provider 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 Provider pursuant to this section: (i) Provider 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. Page 2 of 6 e. If Provider 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider 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 Provider agrees to and shall defend, 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 Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 Provider 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 terns of, or effects arising from this Agreement. 7. CONFLICT OF INTEREST Provider 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. S, 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City. Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 Page 3 of 6 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 Provider: Super Antojitos 1702 North Bristol Santa Ana, CA 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 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teams and conditions hereof, shall not bind or obligate Provider 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. 10. ASSIGNMENTS The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assiganent, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 11. TERMINATION This Agreement may be terminated by the City at any time upon written or verbal notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. Page 4 of 6 12. NON DISCRIMINATION Provider shall not discriminate because of race, 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, teaching, training, utilization, promotion, termination or other employment related activities, or in any activities under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. LICENSES Provider 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. 15. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 16. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 17. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Cs wo'lw MARIA D. HUIZAR 02 Clerk of the Council APPROVED AS TO FORM: SONWARrLHO City 0 4A In Attorney RECOMMENDED FOR APPROVAL: GERARDO MOVET Executive Director of Parks, Recreation and Community Set -vices Agency CITY OF SANTA ANA D;�A�Vl CLAVAZO—S CV AZO City Manager PROVIDER: SUPER ANTOJITOS Tax ID: ) A 10a-3GqC)'g-(D Page 6 of 6 G t y Pwpose.of cxpmw FIESTAEVENTSATERING SUPUR ANT'OJITOS 1702 N. BRISTOL SANTA ANA CA 92703 714 $35.3619 QUOTE: 5743 CITY OF SANTA ANA 200 PEOPLE 9/10/16 200 PEOPLE 9/1111.6 400 400 PLATES c s $9.50 $3,800.00 OONTAINER RICE CONTAINER CKaNI ATNER BEANS ORDER OF CIICPS 2 CONTATNERS � ORDER OP SALSA 3 TYPES CKEN, PORK, PASTOR AGUAS TAMARIND0' LEMON, HORCHATA 40 VIPJAPPETIZERS ASSORTED $5:00 $320:00 $320.00 — TAX INZ LUDED GRAND TOTAL 0.00 ---- $4,120,00 �� CERTIFICATE OF LIABILITY INSURANCE DA 09/01/2016wY) AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF I NSU RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(;), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. � IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SUBIR WVD NAME: Wendy Munoz(976134A) PHONE FAX 2441 N Tustin Ave Ste E (A/C, NO, EXT): 714-550-1100 (A/C, NO): 714-550-7170 E-MAIL __---_.______ Santa Ana CA 92705-1661 ADDRESS: wmunoz@farmemagent.com INSURER(S)AFFORDING COVERAGE NAIC# is 1,000,000 INSURED INSURERA: Truck Insurance Exchange 21709 INSURERS: Farmers Insurance Exchange 21652 ELIZALDE, GUILLERMO INSURERC: Mid Century Insurance Company DAMAGETO RENTED S(Ea Occurrence) 1702 N BRISTOL ST STE D INSURER D: _21687 $_ 5,000 SANTA ANA CA 92706 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 NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY TH E POLICIES DESCRIBED HEREIN IS SUBJ ECTTO ALL TH E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPEOFINSURANCE AL NSG SUBIR WVD POLICY NUMBER POLICY EFF (MM/DD/YYVY) POLICYEXP (MM/DD/YYY)Q LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE is 1,000,000 CLAIMS -MADE OCCUR u DAMAGETO RENTED S(Ea Occurrence) $ 250,000 MED EXP (Any one person) $_ 5,000 PERSONAL$ADV INJURY 1,000,000i. B Y Y 605416467 11/01/2015 11/01/2016 G EN'L GENERALAGGREGATE $ 2,000,000 AGO R EGATE LI M IT APPLI ES P ER: X POLICY I` PROJECT LOC PRODUCTS COMP/OPAGG $ 2,000_,000 $ OTHER: COMBINED SINGLE LIMIT (Eaaccident) $ AUTOMOBILE LIABILITY BODILY INJURY (Per person) ANYAUTO $ BODILY INJURY(Per accident)$ OWNEDAUTOS SCHEDULED ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOSONLY PROPERTY DAMAGE (Per accident) $ UMBRELLALIAB OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED �,i RETENTION$ PER` STATUTE 1T OTHER $ - I$ WORKERS COMPENSATION ANDEMPLOVERi'LIABILITY : ANY PROPRIETOR/PARTNER/ Y/N EXECUTIVE OFFICER/MEMBER N/A E.L. EACH ACCIDENT I$ -- —i E.L.DISEASE - EA EMPLOYEE EXCLUDED? (Mandatory in NH) � E. L. DISEAS LICV LIMIT _ $ Ifyes, describe under DESCRIPTION OF OPERATIONS below Remarks Schedule, maybeattached ifmorespaceis 101,Additional required) DESCRIPTION 1702 OFOPERATIONS/LOCATIONS/VEHICLESACORD N BRISTOL ST, SANTA ANA, CA 92706 G�,�i �\•\.�, '0"' -GI& CERTIFICATE HOLDER CANCELLATION f THE CITY OF SANTAANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION L 20 CIVIC CENTER PLAZA DATE THEREOF, NOTICEWILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUNRff %"E9JNTATIVC SANTA ANA -__.. CA 92701 ACORD 25 (2016/03) @1988-2015 ACORD CORPORATION. All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company FARMERS INSURANCE This endorsement modifies such insurance as is afforded by the provisions of Policy #605416467 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative 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 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 08/31/2016 Policy # 605416467 Issued to Guillermo Elizalde DBA: Super Antoptos Express Name Insured this endorsement form as part of Countersigned by Wendy Munoz Insurance Agent Signature