12-1030_JARVIS COMPANY, THE_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this.54�day
of , 2012, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and The Jarvis Company (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide installation, removal, and storage of holiday decorations throughout the
City; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by 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. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 30 day notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed$14,000 per
fiscal year as set forth in Exhibit "A", attached and incorporated herein by reference.
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 Upon Subcontractina and Assignment.
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Section 5. Limitations Upon Subcontracting 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 6. Changes to Scope of Work.
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) it has investigated the work site(s), 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 Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts 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
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interest shall be employed by or associated with Contractor.
Section 11. rRESERVEDI.
Section 12. rRESERVEDI.
Section 13. Indemnity.
To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
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 the 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
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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).
14.3 Workers' Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Priorto 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 Notice of Cancellation/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.
14.6 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
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.
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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 16. Notice.
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: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: David Hubler, Public Works Manager
To Contractor: The Jarvis Company
1145 2nd Street, Suite A
Brentwood, CA 94513
Attn: Darlene Jarvis
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Section 17. Prevailing Wages.
Contractor hereby expressly acknowledges and agrees that the City has not
previously affirmatively represented to the Contractor in writing or otherwise, in a call for
bids or otherwise, that the work to be covered by this Agreement is not a "public work," as
defined in Section 1720 of the Labor Code. Contractor shall indemnify, protect, defend
and hold harmless the City and its officers, employees, contractors and agents, with
counsel reasonably acceptable to City,from and against any and all loss, liability, damage,
claim, cost, expense and/or"increased costs" (including reasonable attorneys' fees, court
and litigation costs, and fees of expert witnesses) which, in connection with the work
contemplated by this Agreement, including, without limitation, any and all public works (as
defined by applicable law), results or arises in any way from any of the following: (1) the
noncompliance by Contractor of any applicable local, state and/or federal law, including,
without limitation, any applicable federal and/or state labor laws (including, without
limitation, if applicable, the requirement to pay state prevailing wages and hire
apprentices); (2)the implementation of Section 1781 of the Labor Code, as the same may
be amended from time to time, or any other similar law; and/or (3) failure by Contractor to
provide any required disclosure or identification as required by Labor Code Section 1781,
as the same may be amended from time to time, or any other similar law. It is agreed by
the parties that, in connection with the work contemplated by this Agreement, including,
without limitation, any and all public works (as defined by applicable law), Contractor shall
bear all risks of payment or non-payment of prevailing wages under California law and/or
the implementation of Labor Code Section 1781, as the same may be amended from time
to time, and/or any other similar law. "Increased costs," as used in this paragraph, shall
have the meaning ascribed to it in Labor Code Section 1781, as the same may be
amended from time to time. The foregoing indemnity shall survive termination of this
Agreement and shall continue after completion of the work by Contractor.
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 Agreement.
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)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF AN JU APISTRANO
By'
aren P. Brust, ty Manager
CONTRACTOR
C
By: L�
Contractor
ATT
Maria ri , City Clerk
APPRO S TO FORM:
JII�
Hans Van Lig rney
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SCOPE OF WORK
OFF SITE STORAGE AND INSTALLATION OF POLE MOUNT AND SKYLINE HOLIDAY DECORATIONS
THROUGHOUT CITY ARTERIALS AS INDICATED BELOW.
Agreement is annual and ongoing,August 1 through July 31. Installation to be completed between
November 15 and the last day of November annually.
Removal to be completed between December 26 and January 14 annually.
Holiday decorations consist of 122 pole mount decorations, 5' x 8' approximate size (50 poinsettias,50
trees,and 22 snowflakes). Holiday decorations to be installed as determined on the attached maps.
Note: mounting brackets are pre-installed and available for installation.
• PORTIONS OF DEL OBISPO STREET(PER MAP)--Terminus of the Southern City Limit of Del
Obispo Street at Blue Fin,to Ortega Highway.
• PORTIONS OF CAMINO CAPISTRANO PER MAP--Terminus of the Southern City Limit of Camino
Capistrano, North of Avenida Victoria to Junipero Serra Road.
• PORTIONS OF ORTEGA HIGHWAY PER MAP, Intersection of Ortega Highway at Camino
Capistrano to La Novia.
Current Skyline decorations consist of seven (7) holiday decor skylines of varying sizes, based on
application at designated City Intersections.
• Del Obispo Street at Blue Fin—1 Seasons Greeting Skyline (Gold Garland with White Lights)
• Del Obispo Street at Alipaz—1 Skyline (Green Garland with Wreath and Red Lantern)
• Camino Capistrano and Del Obispo Street-4 Skyline (Green Garland with Wreath and Red
Lantern)
• Ortega Highway and Camino Capistrano—1 Seasons Greetings Skyline (Gold Garland with White
Lights)
Storage of additional unused pole mount and skyline decorations is included in the storage, quantities to
be determined.
Lamp replacement at .75 per lamp, including materials and labor, and $70.00 per hour(including travel
time)for work outside of installation as required by the City, paid for by the City of San Juan Capistrano.
EXHIBIT A
City of San Juan Capistrano
Holiday Pole Mount and Skyline Decorations
Camino Capistrano Central Corridor
SKYLINE(41.GREEN GARUND WITH
WREATH AND RED UNTERN
f
1 e
� 4. ....... ire
Y�-
Holiday Pole Mount Type and Fixture Type
• Poinsettia-Mission Bell(9 count)
a> Y Tree-Mission Bell(8 count)
s Snowflake-Mission Bell(9 count)
n Skyline Decoration-Mission Bell(4 count)
® Electrical Outlet
0 150 300 800
Fan e
City of San Juan Capistrano F
Skyline t SKYLINE-GREEN GARLAND WITH,
Holiday Pole Mount and Skyline Dec orat { WREATH AND RED LANTERN
Del Obispo Corridor
�n
mak.
f
? -�1,,; Holiday Pole Mount Type and Fixture Type
-.. r .
j PolnaeWa-Mlaaon Bell(14 count)
5�
'ur
j Tree-Mission Bell(16 count)
¢ Poinaeaia-Coda(0 count)
Q.TM� r Tree-Code(D caum)
II Skybna Decolatian-Mission Sell Qcounp
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SKYLINE--SEASONS GREETINGS'
GOLD GARLAND,WHITE LIGHTS 9
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City of San Juan Capistrano
0
Holiday Pole Mount and Skyline Decorations ' C,
Camino Capistrano North Corridor
ALI
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Holiday Pole Mount Type and Fixture Type yy ^
7
• Poinsettia-Mission Bell(17 count) '1 {
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P Poinsettia-Cobra(1 count)
• Poinsettia-Other(1 count)
,1
• Tree-Mission Bell(17 count) IIS.
�
Snowflake-Mission Bell(6 count) .�
1#
o Skyline Decorations-Mission Bell ,It
® Electrical Outlet " �?
0 150 300 600 W e `�t
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'3E SONS of ETINGISESNVL NE
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City of San Juan Capistrano
Holiday Pole Mount and Skyline Decorations
Ortega Corridor
A Poinsettia-Mission Bell(2 count) x
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• Tree-Mission Bell(2 count)
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City of San Juan Capistrano
eta Holiday Pole Mount and Skyline Decorations
Camino Capistrano South Corridor
Holiday Pole Mount Type and Fixture Type
Di- Snowflake-Cobra(1 count)
A Snowflake-Mission Bell(6 wunt)
4 Poinsettia-Cobra(1 count)
♦ Poinsettia-Mission Bell(6 count)
l Tree-Mission Bell(7 count)
0 ICO ]W �OFeU
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The Jarvis Company Invoice
PMB 239
1145 2nd St„ Suite A Date Invoice#
Brentwood, CA 94513 7/1/2012 974
Tax ID# 91-1810991
925.516.0690
Bill To y
City of San Juan Capistrano
Attn Jill Thomas
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ACCOUNT# Terms Project
1578 Due on receipt
Description Amount
Total Contract Amount$10435.00 0.00
1st Installation Now Due 5,217.50
Total $5,217.50
t.
32400 PASEO AOEL ANTO - MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPIflTRANO.CA 92875
(949)493 1171 it SAM ALLEVATO
(949)493-1053 FAX o'ula°,t LAURAFREESE
„nlmrm 151 IARRY KRAMER
1•:In,>I,nlu,nrtgn.ul-1,1„1„1,; 1715
DEREK REEVE
JOHN TAYLOR
TRANSMITTAL
TO:
The Jarvis Company
Attn: Darlene Jarvis
1145 20d Street, Suite A
Brentwood, CA 94513
DATE: October 30, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Personal Services Agreement — Installation, Removal and Storage of Holiday Decorations
Throughout the City
Enclosed is an original agreement for your records. Please be aware, our office has not
received insurance documentation as outlined within the contract. Please provide these
documents as soon as possible. If you have questions related to insurance requirements,
please call Christy Jakl, Deputy City Clerk at (949) 443-6310.
If you have questions concerning the agreement, please contact Jill Thomas, Senior
Management Analyst at (949) 443-6362.
Ce: Jill Thomas, Senior Management Analyst
n
San.Irron Capish2uxr: Preseri•ing the Post to Enhance the future
Christy JAI
From: Christy Jakl
Sent: Tuesday, October 30, 2012 11:41 AM
To: Jill Thomas
Subject: Victor's &Jarvis PSA
Attachments: 2012 Victor's PSA.pdf, 2012 Jarvis PSA.pdf
Hi Jill,
For your records, attached are the PSAs with Victor's Custom Christmas Tree and Jarvis Company.
Thanks!
Ctirist-� RAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Please share your experience with the City by taking our Survey.
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Todayrs;bate:October22,�2012 '
Transmittal-Rocking -
(Check'AII That apply)
❑ : city Attorney
�✓ Cty-Manager
City.Clefk
Jiz
FhNAL CONTRACTcTRANSMHTAL
COUNCIL MEETING DATE (if'applicabhe)k
✓❑ Reviewed a5'to form by City Attorney and"date.approved 0 _
Project Manager'`s Last Name; TMOrrias
Phone Eztenston:6362
CIP No.(ifany):
APPROVING AUTHORITY: (Check:One)
❑ Mayor ❑ SACRA Chair
❑✓ City Manager ❑ Oversight Board Chair
❑ SJCHA Chair
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 mailin
includedg address is
_within the body,of the agreement,.,
Name s - - Street= Ci
See Cover Better St z(
The Jarvis Company=Jnduded
OTHER-INSTRh
Thisisa timeser � i�
c,�J/
pkoC � s j,
Form Date:9/2gt2
I
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