Loading...
10-0921_VICTOR'S CUSTOM CHRISTMAS TREES, INC._Personal Services AgreementTHIS AGREEMENT is made, entered into, and shall become effective this 21$t day of September, 2010, by and between the City San Juan Capistrano (hereinafter referred to as the "City") and Victor's Customer Christmas Trees, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide and decorate a holiday tree; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREI✓ORE, City and Contractor mutually agree as follows: Section 1, Scope of Work. The scope of work to be performed by the Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Terra. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than January 11, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $5,000. flfflm���� Subject to Section 3.1, Contractor shall submit one invoice based on total services which have been satisfactorily completed for such period. The City will pay payment based on approved invoice in accordance with this Section, Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations )Pon Subcontractina and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the.City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section C. Chancres to Scope of Mork. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not Limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site, and including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Lawn• E -Vert 9.1. Compliance with Law. 2 Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hj!p.1/www.uscis.gov, or access the registration page at htttos_//www.vis-dhs.com/emplgyerregistration. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Copies of Work Product. At the completion of the work, Contractor shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Contractor's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective or appointive boards, officers, agents, and employees 3 from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). M 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement, Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORH EXCLUDED UNDER GENERAL LIABILITY COVERAGE] Throughout the term of this Agreement, Contractor shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Contractor shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cance Ilation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Contractor shall not receive any compensation until all insurance provisions have been satisfied. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. 5 Section 15, Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 162Notice: All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: San Juan Capistrano Community Redevelopment City 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Karen Crocker, Director of Community Services To Contractor: Victor A. Serrao 24036 Broadhorn Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing .party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19, Entire A reement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto gave executed this Agreement. APPROVED AS TO FORM: Omar SandovO�CityvAttorney Attached Exhibit: A. Scope of Work CITY OF SAN JUAN CAPISTRANO By: J(t_Tait, City Manager VICTOR'S CUSTOM CHRISTMAS TREES, INC. By, Wtcir A. s`-e`rr9-6',- Owner 7 EXHIBIT "A" Scope of Work Consultant to provide: 1. A 50' real white cedar tree to include delivery and set up by October 13-15, 2010. 2. Tree stand will be a 6'x 63/" thick steel plate with a 24" wide, 50" tall, %" thick steel cylinder welded to the center of steel plate. 3. 518" vinyl coated aircraft cable guy wires to be attached to the tree. A location on the tree approximately one-third the height from the top down is identified in attached diagram. Three (3) cables are wrapped around the trunk and clamped using two (2) 518" clamps for each connection. A property sized steel buckle is installed in all three (3) cables to allow for proper tensioning. The guy wires are then attached to the concrete blocks to withstand 60 mph winds and the cables are properly tensioned. 4. Training crew for purposes of plugging, lighting. and decorating tree. 5. All items installed for the tree, such as, lights and decorations will be provided and the lights will be tested by Contractor, once in place. 6. Tree to be sprayed with fire retardant and inspected by fire department. 7. To remove tree, decorations and lights from site, by January 11, 2011. City to provide: 1. Location for the tree site will be at Historic Town Center Park. 2. Services of a crane to lift tree from truck and put into tree stand that is provided by contractor. 3. Man lift for installation to plug and decorate tree will be available to contractor for two (2) weeks during set up and three (3) days for removal of tree, 4. Three (3), 2,000 lb, cement blocks to be used by contractor to secure tree. 5. Necessary electricity for tree lights. To include four (4) spider boxes. 6. 50 (fifty) sand bags and four (4) 31" pieces of plywood to be used for the base of the tree. 7. Temporary work area fencing per compliance of Cal OSHA regulations. 1.1 8. A base for the stand to be attached, to consist of four (4) 4' x 8' x W thick pieces of plywood. Assemble the plywood base by laying two (2) sheets down side by side and the next two (2) sheets are laid side by side but the opposite direction to create a 8'x 8' x 1 Y2" square base. The plywood is to be glued and screwed together. The seams of plywood to be strengthened using the Simpson 3" x 6" plates spaced approximately 8" apart. IC Today's ®ate: 8124110 Transmittal Routing (Check All That Apply) z City Attorney ® City Manager ® City Clerk CIP No. (if any): Project Manager's Last Name: Crocker Phone Extension: 6389 Council or CRA Meeting ®ate (it applicable): NIA APPROVING AUTHORITY: (Check One) LJ Mayor L1 CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Names Street City St Zi z .. . If there are no corrections, could you sign both copies and give them to Joe Tait to sign? Thank you very mu h, mar. h� f 324-00 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX wive sanjuancapisitano.or TO: Victor A. Serrao 24036 Broadhorn Drive Laguna Niguel, CA 92677 DATE: November 10, 2010 FROM: Kristen Lewis, Administrative Specialist (949) 443-6308 MEMBERS OF THE CI"T"Y COUNG1 SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Holiday Tree Decorating Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6308. If you have questions concerning the agreement, please contact Cynthia Alexander, Community Services Manager, at (949) 443-6395. An original agreement is enclosed for your records. Cc: Cynthia Alexander, Community Services Manager San.Juan Capistrano: Prese3-ving the Past to Enhance the Future ?rfr)ted nr "Oo / recycled paper