HomeMy WebLinkAboutERIC BAUER DBA ALLIANCE RACE TIMING (2)0
City of Santa Ana
✓ Clerk of the Council �I
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
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N-2023-051
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City of Santa Ana
JUL 0 6 2023
City Clerk's Office
6 Z and final payment has been made.
Department: PKSPS-
Phone/Ext.: �2 -7
Signature:
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Date: �Ila I %iJ
iT,; RANCE NOT ON FILE
,!ORK MAY NUT PROCEED
CLERK OF COUNCIL
DATE.
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N-2023-051
AGREEMENT WITH ALLIANCE RACE TIMING TO PROVIDE
TIMING SERVICES FOR SANTA ANA 5K
THIS AGREEMENT is made and entered into on this 1st day of March, 2023, by and
between Eric Bauer dba Alliance Race Timing, ("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
providing timing services for the Santa Ana 5K scheduled for April 22, 2023.
B. Consultant represents that it 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 during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount authorized during
the term of this Agreement shall not exceed Seven Thousand, Five Hundred Dollars
and Zero Cents ($7,500). The sum of this expenditure is comprised of 1) the base
amount of $5,125; and 2) a contingency amount $2,375 for additional services to be
provided at the sole discretion of the City.
b. Payment by City shall be made within forty-five (45) 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 the date first written above and continue through June
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30, 2023, unless terminated earlier in accordance with Section 14, below.
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. Minimum Scope and Limit of Insurance:
(1) Commercial General Liability Insurance (CGL). Insurance Services Officer
Form CG 00 01 covering CGL on an "occurrence" basis, including property
damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25
04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Worker's Compensation Insurance. In accordance with 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.
(3) Broader Coverage. If the Consultant maintains broader coverage and/or higher
limits than the minimums shown above, the City requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the City.
b. Other Insurance Provisions
(1) Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
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Consultant including materials, parts, or equipment furnished in connectionwith
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20
10 1185 or if not available, through the addition of both CG 2010, CG 20 26, CG
20 33, or CG 20 38; and CG 2037 if a later edition is used).
(2) Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104
13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its offrcers,officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
(4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to
subrogation that any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that maybe necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(5) Self -Insured Retentions: Self -insured retentions must be declared to and approved
by the City. The City may require the Consultant to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
(6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
AXII, unless otherwise acceptable to the City.
(7) Verification of Coverage: Consultant shall famish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies
of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to
provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at any
time.
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(8) Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant shall
ensure that City is an additional insured on insurance required from subcontractors.
(9) Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
6. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, 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 Contractor, its subcontractors, agents, employees, or other persons
acting on its 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 Contractor'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 Contractor.
7. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
8. 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
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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.
9. 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.
10. 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.
11. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, 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 any services provided 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.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, 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 Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
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17. 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.
18. 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 City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Parks, Recreation, & Community
Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-571-4211
To Contractor:
Alliance Race Timing
Attn: Eric Bauer, Owner
2801 Summerfield Cf.
West Sacramento, CA 95691
crie@allianceracetiming.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
Page 7 of 8
N-2023-051
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 he 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.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein 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
attorneys 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 the date and year first
above written.
ATTEST:
n i fer Ha
r
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By.--
Brandu5-Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Hawk
Parks, Recreation, & Community Services Agency
CITY OF SANTA ANA
Kristine Ridge
g
City Manager
ALLIANCE RACE TIMING
Eric Bauer
Owner
Page 8 of 8
SCOPE OF SERVICES
VENDOR INFORMATION: Alliance Race Timing
2801 Summerfield Ct, West Sacramento, CA 95691
916-712-3993
EVENT: City of Santa Ana 5/1 OK, Kids Fun Run and Fit Fest
SERVICE DATE(S): April 22, 2023
DESCRIPTION:
Alliance Race Timing will provide:
• Online registration/results through runsign registration website and QR codes
• Provide time registrant, which includes custom race bibs and safety pins at the rate of
$2.50
• Will provide 2 timers on site for packet pick-up to oversee check -in process via
runsignup online registration website.
• Separate start and finish chip timing backup
• 2 inflatable arches and generators provided for the start and finish line locations
• LED race clock and live results published online
• Additional 400 kids bibs
• 2 timers onsite for packetpick up to oversee check in process done via runsign up app
The Set-up/teardown—the vendor will set-up at 4:00 am and tear down after 12:00 pm on the
day of the event.
Open Hours —Event will be held from 7:00 am-1:00pm.
The Vendor will be paid the full amount of compensation no later than 30 days after the event. In
the case the event is canceled, the city will be charged half the amount for services rendered.
EXHIBIT B
PEES/RATES
Alliance Race Timing (Estimate 222)
ALLIANCE RAGE TIMING Exhibit B
Alliance Race Timing
2801 Summertield Ct
West Sacramento, California 95691
United States
916-712-3993
www.allianceracetiming.com
BILL l"O
Estimate Number:
222
City of Santa Ana
Rudy Hernandez
Estimate Date:
February 21, 2023
RHernandez5@santa-ana.org
Expires On:
March 21, 2023
Grand Total (USD):
$5,125.00
Timing Fee
2000
$2.50
$5,000.00
$2.50 per timed registrant, includes custom race
bibs and safety pins
Additional Service
1
$0.00
$0,00
Online registration/results through
partner Runsignup using OR codes
Additional Service
1
$0.00
$0.00
2 timers onsite for packet pickup to
oversee check in process done via
Runsignup's check in app
Additional Service
1
$0.00
$0.00
Separate start and finish chip timing,
backup timing and inflatable arches
provided.
Additional Service
1
$0.00
$0.00
2 inflatable arches and generators
provided for start and finish line
locations.
Additional Service
1
$0.00
$0.00
LED race clock and live results
published online.
Minimum Fee
1
$0.00
$0.00
Minimum Fee is $4,000
Additional Fee 1 $125.00 $125.00
kids bibs (400 quantity)
Naga t of 2 fCN =afi;T'ftt� : JJ7
ALLIANCE RACE TIMING
Notes / Terms
City of Santa Ana race
4/22/23
ESTIMATE
Alliance Race Timing
2801 Summerfield Ct
West Sacramento, California 95691
United States
916-712-3993
www.allianceracetiming.com
Total: $5,125.00
Grand Total (USD): $5,125.00
p a IC) 2 or �-3ti1-1 122
NOTICE OF COMPLIANCE
CITY t„„ . "A ,AM I1111RINT I'lll I lPi 1111,10E ,CLL INCLUDE �k I 111 1AGREEMENTTOT111IL CLERK CAL MIL COUNCIL
IL
Contractor Eric Bauer
Name:
Project TBD (101)
Number:
Project AGREEMENT WITH ALLIANCE RACE TIMING TO PROVIDE
Name: TIMING SERVICES FOR SANTA ANA 5K
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coveraae(s) are:
TYPE OF INSURANCE
GENERAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
3/6/2023 3:01 PM
POLICY EXPIRATION ; COI DATE FILE NAME
NUMBER DATE
2023.01.26
90EOG9951 06/01/2023 01/26/2023 COI City of
Santa Ana.pdf
WAIVER 03/01/2024 03/02/2023 Workers comp
dec.pdf