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HomeMy WebLinkAboutROMO, JOSE L. - 2017INSURANCE NOT ON FILE WORK MAY NOT PROCEED LERK OF COUNCIL DATE- `Y-(�--0 O: PRCS V ) N-2017-034 Silvia Cuevas y THIS AGREEMENT is made and entered into this 2-`)�L ay of Moo t i , 2017, b and between Jose L. Romo, a sole proprietorship ("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 ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of event production services for its annual Cinco de Mayo Event in Downtown Santa Ana to be held on May 6 and May 7, 2017 ("Event"). 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 he Is knowledgeable in his 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: SCOPE OF SERVICES Consultant shall provide event production, cleaning, and related services for the Event, as more specifically described in the scope of services that is attached as Exhibit A. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for his services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $12,029.60. This amount includes (1) the sum of $10,936.00 and (2) a contingency sum of up to 10%, or $1,093.60, for services as may be performed by Consultant at the sole discretion of City. Payment in the amount of $5,000 shall be made by City upon full execution of this Agreement and 10 days after receipt of invoice. The remaining compensation shall be paid within thirty (30) days following Event and 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 the date stated above and continue through May 31, 2017, unless terminated earlier in accordance with Section 13 below. The term of this Agreement may be extended by a writing executed by the City Manager 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, 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 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 liablilty 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 clalms 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 $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) 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 the provisions of 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, The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (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 by the City. (iii) Certificates and policies shall state that the policies shall not be canceled 2 or reduced in coverage or changed In any other material aspect without thirty (30) days prior written notice to the City. 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 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. B. 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 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 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 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 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 Consultant. 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 identifiable. 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 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 3 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. 9. 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. 10, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Sox 1988 Santa Ana, CA 92702-1988 Fax 714547-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 M To Consultant: Jose Romo 1191 La Llmonar Road Santa Ana, CA 92705 Phone. 714612-9227 e-mail: romo66@yahoo.com 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. 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. 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 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 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 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. 11 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, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all 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, 5 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religlon, 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 in connection with 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 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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 on or after the date and year first above written. ATTEST CITY OF SANTA ANA � Z� L C At4--Wk - --ate MARIA D. HUIZAR GERARDO MD ET Clerk of the Council Acting City Man ger --signatures continued on next page -- 0 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Ryan b, dodge' r Assists t ity Attrney RECOMMENDED FOR APPROVAL JEANNIE JURADO Acting Executive Director of Parks, Recreation and Community Services Agency CONSULTANT JOSE ROMO EXHIBIT A Scope of Services: Jose Romo Professional services to help with the production of the 2017 Cinco de Mayo Festival on Saturday, May 6 through Sunday, May 7, 2017, Jose Romo brings 20 years of experience coordinating the Downtown Santa Ana street festivals, He will be able to provide valuable technical assistance to City staff in planning the 2017 Cinco de Mayo Festival. He will coordinate the logistics of the event including: ordering all required equipment, establishing early communication with all participants regarding their planned activity, preparing event layouts, supervising and coordinating activities of all subcontractors, providing guidance and festival information: to participants and ensuring that all contractual obligations are met. Jose Rama will act as liaison between City staff, event participants, Orange County Health Care Agency, Grange County Fire Authority, Downtown Santa Ana business community and residents. He will work closely with City staff to ensure the event location meets all building, health and safety requirements, as well as with the sales team to ensure participants meet their goals and objectives, Other responsibilities will include resolving and mitigating all issues during the event and contracting all personnel needed to provide adequate trash pickup services during and after the event, In addition, during his contractual service, Jose Romo will provide training to the Community Events Supervisor, as well as other members of the Parks and Recreation team, to smoothly transition over logistical pre and post event responsibilities for future city events. This includes (but is not limited to) training on the following proposed areas: vendors, logistics, security, health care and fire authority permits, downtown merchant recruitment and notification, parking, and street cleaning. Trash pickup and staffing as detailed below. Saturday 8 am to 4 pm: 12 staff and 1 supervisor Saturday 4 pm to 12 mid: 14 staff and 1 supervisor Sunday 10 am to 6 pm: 14 staff and 1 supervisor Sunday 6 pm to 2 am: 1S staff and 1 supervisor Monday 6 am to 2 pm: 4 staff The cost to provide this coverage will be $5,936.00. Please note this amount covers the hourly wages of the staff mentioned above at the following rates. 62 staff at $11 per hour for a total of 496 hours = $5,456 1 supervisor at $15 per hour for a total of 32 hours = $480 The services include trash pick up for event area on 4th Street, Plaza Santa Ana, backstage area and food areas on French, Bush and Main Street. Carnival operator provides trash pick up services for the carnival area during the 2 day festival and after they vacate the carnival area. Event trash boxes and liners will be provided by Waste Management. $ 5,456.00 496 hours @ $11 per hour (62 staff) $ 48UQ 32 hours @ $15 per hour (1 supervisor) $ 5,936.00 Total of Trash Rick -up Staff Services The services include trash pick-up for event area on 4th Street, Plaza Santa Ana, backstage area and food areas on French, Bush and Main Street. Cnst: $ 5,000.00 Professional Event Production Services* $ 5.936,,00 Trash Pick-up Staff Services (as detailed above) $10,936.00 $ I,Q23.fiO 10% Contingency $12,029.60 Total Compensation *Payment: $S,000 of the overall professional event production service fee should be paid to Mr. Jose Romo 10 days after receipt of invoice and upon fully executed agreement but before the actual event, There is no profit or other fees added to this amount. Below is a list of proposed tasks for Jose Romo OR): • Vendors - Staff will receive applications and screen applications for approval. Staff will collect all required documents and payments. Upon receiving this, staff will approve the vendor and forward to JR. JR will be responsible for determining the best location for vendors and will assign booths. JR will also be the point person for any Iogistical requirements for vendors. This will ensure that vendors are placed at sites that are not in direct competition with existing businesses, JR would be responsible for assignment of spaces to sponsors as well. • Logistics/Security - JR will be the responsible for bringing to the attention of staff any concerns regarding damage prevention to existing buildings. His location in the downtown area will allow him to be accessible to businesses and serve as a liaison to staff. Staff will procure the stages and canopies. Staff will process the agreements and coordinate all payments. Jose will coordinate delivery and placement of the stages and canopies, Staff will coordinate street closures for these deliveries. • Meetings - As part of the production team for this event, JR would attend meetings regarding logistics, security and street closures. 9 • Event Layout - Assist Event Coordinator in developing event layout. • Permits - Secure permit for all food participants (commercial and non-profit) with OC Health Care Agency. • Event Notification Letter - Distribute event and street closure notification letter to all impacted businesses and residents in event area. • Downtown Merchant Participation - Secure desired location for businesses on 4th Street who wish to participate. • Steam Cleaning - Coordinate steam cleaning services the week following event. • Parking Passes - Distribute parking passes to impacted businesses. • Orange County Health Care Agency (OCHCA) - Secure OCHCA event permit on day of event. • Orange County Fire Authority (OCFA) - Secure OCFA event permit on day of event. • Mitigation of issues - Assist Event Coordinator in resolving and mitigating all issues reported by staff, members of the public, event participants, business owners and residents before, during and following the two (2) day event. 10 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 Liquor Liability Coverage applies to May 6, 7, 2017 only License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Santa Ana TYPE: Cinco De Mayo Festival P O Box 1988 DATE(S): May 5, 6, 7, 8. 2017 Santa Ana, CA 92702 LOCATION: Downtown Santa Ana *Liquor Liability Yes ® No ❑ "Liquor LiabilitX after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated, The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41023 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2017 EXPIRATION: JANUARY 1, 2018 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,0001$3,000,000 ❑ $2,000,0001$2,00.0,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS Raul Martinez Jose Manuel Ga rein Santa Ana Business Council Jose Romo N- 2.+71"1. 0It+ Bobby Nava CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 40 y �C