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Home My WebLink AboutFULLMER FURNITURECITY OF SANTA ANA AGREEMENT WITH FULLMER COMPANIES This Agreement is made and entered into this I st day of April 2000, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Fullmer Companies ("Conti -actor"). WITNESSETH Recitals: A. The City desires to retain an organization having special skill and knowledge in nodular office furniture systems, B. Contractor represents that it is able and willing to provide such services to the City. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: REPRESENTATIVES AND NOTICE For purposes of implementing this Agreement, the representative of the City shall be Cynthia J. Nelson, Executive Director of the Community Development Agency, and the representative of the Contractor shall be Faye Aguilar. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement, 2. SCOPE OF SERVICES OF CONTRACTOR Contractor agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in Exhibit A. The Contractor shall be responsible for obtaining any and all necessary permits, as applicable. All permits and fees required by all other agencies having jurisdiction over any part of the work shall be obtained and paid for by the Contractor. NOTICE Any notice or instrument required to be given or delivered to either party to this Agreement may be delivered by personal delivery or by depositing the sane in the United States Mail, postage prepaid, addressed to: If to the City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 ATTN: Executive Director, CDA (M-25) IN If to Contractor: Fullmer Companies 400 N. Tustin Avenue, Suite 260 Santa Ana, CA 92705 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three (3) days after mailing by the above -described procedure. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in the field specified in Exhibit A to this Agreement, and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a contracting firm in that field. TIME FOR COMPLETION The services to be performed pursuant to this Agreement shall be completed on or before March 20, 2001. G. PERFORMANCE BY THE CITY The City shall provide Contractor with all records in the possession of the City that will be of assistance to Contractor in the performance of this Agreement. The City shall waive all fees associated with obtaining the necessary permits from the City. 7. COMPENSATION The City agrees to pay, and Contractor agrees to accept as payment for said services, compensation at the rate stated in Exhibit A, in a total amount not to exceed Twenty Five Thousand Dollars ($25,000). Payment by the City shall be made within thirty (30) days following receipt of detailed invoice including receipts/documentation for all miscellaneous expenses. Notwithstanding the foregoing, payment need not be made for work that fails to meet the standard of performance specified in Section 4. S. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City, and its officers, agents, employees and volunteers, from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, arising out of acts or omissions of Contractor or of its approved sub -Contractor or of the officers, agents, employees of Contractor or of its sub -Contractor in the performance of this Agreement. 9. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its sub -Contractor, if any, to maintain insurance as described below: a. Worker's Compensation Insurance with statutory legal limits. 2 b. Commercial general liability insurance or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Contractor performs for the City. Such insurance shall: i. Name the City of Santa Ana and its officers, agents, employees and volunteers as additional insured(s). ii. Be primary with respect to insurance or self-insurance programs maintained by the City. iii. Contain standard separation of insured provisions. Contractor shall: a. Furnish properly executed Certificate(s) of Insurance to the Executive Director prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except with thirty (30) days prior written notice to the City. b. Maintain such insurance from the time work first commences until completion of the work under this Agreement. C. Replace such certificates for policies expiring prior to completion of work under this Agreement. 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Executive Director upon written notice of termination to Contractor. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to Contractor's receipt of such notice of termination, however, payment need not be made for work that fails to meet the standard of performance specified in Section 4 of this Agreement. 11. MISCELLANEOUS PROVISIONS a. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Contractor certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Government Code 12900, et seq. Contractor agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. 3 c. Contractor shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the City Manager or the Executive Director of the Community Development Agency; provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Executive Director. d. Contractor agrees that Contractor is an independent Contractor and not an employee of the City of the City of Santa Ana and all of Contractors' personnel shall be employees or subcontractors of Contractor and not employees of the City. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. C. Contractor shall not subcontract any of the services required hereunder without prior written approval of the Executive Director. f. Contractor reserves the right to effect changes in form or name, including, but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, and likewise reserves the right to add, substitute or delete stockholders, partners, associates and employees. This Agreement shall continue in effect with regard to Contractor under its new form or name without the necessity of any amendment to this Agreement. The Executive Director shall be promptly notified of any such change in form or name. g. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. h. This Agreement shall be governed by and construed in accordance with the laws of the State of California. i. This Agreement supersedes any and all other Agreements either oral or in writing between the parties hereto with respect to the services set forth in Section 2 and Exhibit A of this Agreement and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the City, and signed by both the City and Contractor. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Paticia E. Healy Clerk of the Council APPROVED AS TO FORM: J-0- Joseph Fletcher City Attorney RECOMMENDED FOR APPROVAL J. Cynthia Nelson, on, Executive Director Community Development Agency CITY OF SANTA ANA a municipal corporation of the State of California Pulido Mayor APPROVED AS TO CONTENT: 4�avidN. R-ean1---- City Manager CONTRACTOR: Faye Ajuila' Tax ID (t - � - , " 5 I CI I df!J`J 4:00; ) 022; Page 2 'ULL"ER PUH,PING RULATIoNI;H,as S,Wee 1946 DeCeMber 13, 1999 Ms. Gina Schuchard CITY OF SAID TA ANA Community IN�velopznerat Agency 20 Civic Center Plaza Santa Ana, CA 92702 RE: PROPOSAL 50787 Dear Drina: CONTRACT FURNITURE AND SERVICES I a'n fuFwarding our p10pOsUl per your request and have consolidated our original proposals 050787, 50789 and 50758 into #50787. Our contract with the City of Santa Ana ed4djres h 50% deposit f"t)r order eplry, 40% Ulaan shiprne11t Of product nd tho remaining i 0% upon deliverer quad mPAWlation. 'Mc total for the above proposal is $22, 191.12, which would bfeklk down as follows: 50%f - $11,095.56 40°n= 1,439.22 6.657.34 $22,191.12 Any questions please call !Maria or me a@ 714-565-3765, Thmik you for your time and appreciate yow business. Sincerely, Frye Aguilar Sr. Account Manager „ — ••+. i..y wvv ivvR i re iva I IN AVL:NLJt, SWI E 260 • SANTA ANA, CA 9>70$m 714.565.3765■ FAiU CITY OF SANTA ANA AGREEMENT WITH FULLMER COMPANIES This Agreement is made and entered into this I st day of April 2000, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Fullmer Companies ("Contractor") WITNESSETH Recitals: A. The City desires to retain an organization having special skill and knowledge in rhodulaL office furniture systems. B. Contractor represents that it is able and willing to provide such services to the City. WHEREFORE, in consideration of their mutual and respective promises, and Subject to the terms and conditions hereinafter set forth, the parties hercto do hereby agree as follows: 1. REPRESENTATIVES AND NOTICE For purposes of implementing this Agreement, the representative of the City shall be Cynthia J. Nelson, Executive Director of the Community Development Agency, and the representative of the Contractor shall be Faye Aguilar. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 2. SCOPE OF SERVICES OF CONTRACTOR Contractor agrees to perform, at its own cost and expense except for the compensation C17 specified in this Agreement, the services specified in Exhibit A. , The Contractor shall be responsible for obtaining any and all necessary permits, as applicable. All permits and fees required by all other agencies having jurisdiction over any part of the work shall be obtained and paid for by the Contractor. 3. NOTICE Any notice or instrument required to be given or delivered to either party to this Agreement may be delivered by personal delivery or by depositing the same in the United States Mail, postage prepaid, addressed to: If to the City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 ATTN: Executive Director, CDA (M-25) If to Contractor: Fullmer Companies 400 N. Tustin Avenue, Suite 260 Santa Ana, CA 92705 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three (3) days after mailing by the above -described procedure. 4. STANDARD OF PERFORMANCE In undertaking the performance of this. Agreement,'Contractor represents that. it is knowledgeable in the field specified in Exhibit A to this Agreement, and that any service's• performed by Contractor under this Agreement will be performed in compliance with such standards .as may reasonably be expected from a contracting firm in that field. 5. TIME FOR COMPLETION - The services to be performed pursuant to this Agreement shall be completed on or before -- -- - ------------- ....... ------------------_-_ -------- 6. PERFORMANCE BY THE CITY The City shall provide Contractor with all records in.the possession of the City that will .. . be of assistance to Contractor in the performance of this Agreement. - The City shall waive all fees associated with obtaining the necessary permits from the City. 7. COMPENSATION The City agrees to pay, and Contractor agrees to accept as payment for said services, compensation at the rate stated in Exhibit A, in a total amount not to exceed Twenty Five Thousand Dollars ($25,000). Payment by the City shall be made within thirty (30) days following receipt of detailed invoice including receipts/documentation for all miscellaneous expenses. Notwithstanding the foregoing, payment need not be'made for work that fails to meet the standard of performance specified in Section 4. 8. INDEMNIFICATION - Contractor agrees to indemnify, defend and hold harmless the City, and its officers, agents, employees and volunteers, from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, arising out of acts or omissions of Contractor or of its approved sub -Contractor or of the officers, agents, employees of Contractor or of its sub -Contractor in the performance of this Agreement. 9. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its sub -Contractor, if any, to maintain insurance as described below: a. Worker's Compensation Insurance with statutory legal limits. 2 b. Commercial general liability insurance or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Contractor performs for the City. Such insurance shall:. i. Name the City of Santa Ana and its officers, agents, employees and volunteers as additional insured(s). H. Be primary with respect to insurance or self-insurance programs maintained by the City. iii. Contain standard separation of insured provisions. Contractor shall: a. Furnish properly executed Certificate(s) of Insurance to the Executive Director prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except with thirty (30) days prior written notice to the City. — - - 7Maintain-8itch insurance -from the time work -first commences- until completion of ------ work under this Agreement. C. Replace such certificates for policies expiring prior to completion of work under this Agreement. 10. . TERMINATION OF AGREEMENT This Agreement may be terminated by the Executive Director upon written notice of termination to Contractor. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to Contractor's receipt of such notice of termination, however, payment,nced not be made for work that fails to meet the standard of performance specified in Section 4 of this Agreement. 11. MISCELLANEOUS PROVISIONS a. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Contractor certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Government Code 12900, et seq. Contractor agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. 3 C. Contractor shall not assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the City Manager or the Executive Director of the Community Development Agency; provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a bank, trust company or other financial institution,. or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Executive Director. d. Contractor agrees that Contractor is an independent Contractor and not an employee of the City of the City of Santa Ana and all of Contractors' personnel shall be employees or subcontractors of Contractor and not employees of,thOCity. Contractor shall pay all salaries and wages, employer's Social Sccurity taxes, unemployment insurance and wages, and similar taxes relating to employees and' shall be responsible for all applicable withholding taxes. C. Contractor shall not subcontract any of the services required hereunder without prior written approval of the Executive Director. f. Contractor reserves the right to effect changes in form or name, including, but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, -and likewise reserves the right to add substitute or delete stockholders, partners, associates and employees.. This Agreement shall continue in. effect with regard to Contractor under its new form or name without the necessity of any amendment to this Agreement. The . Executive Director shall be promptly notified of any such change in form or . - name. g. The invalidity in whole or in part of any provision of this Agreement shall n_ of void or affect the validity of any other provision of this Agreement. h. This Agreement shall be governed by and construed in accordance with the laws of the State of California. i. This Agreement supersedes any and all other Agreements either oral or in writing between the parties hereto with respect to the services set forth in Section 2 and Exhibit A of this Agreement and contains'all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements orally or otherwise, have been made by any party, or anyone acting on behalf of any - party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the City, and signed by both the City and Contractor. Gi IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST CITY OF SANTA ANA a municipal corporation of the State of California r Paticia E. Healy milw el Pulido Clerk of the Council Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ..Joseph Fletcher - _ _ . _ avid N. Ream City Attorney City Manager RECOMMENDED FOR APPROVAL CONTRACTOR: - duzv;� - Cynthia J. Nelson, Executive irector Community Development Agency Faye Aguilar Tax ID # [ IJI .KING F[ELATJONSNIFPS SINGE 1948 December 13, 1999 Ms. Cilia Schuchard CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Aria., CA 92702 RE: PROPOSAL 50787 ar:P 4:OU; Alrjaa_._9822;Page 2 CONTRACT FI RRITURE AND SERVICES bear Oina; 1 am fol-w"ing our praposul per your request acid have cunsolid:a" ou.r original proposals #50787, 50789 and 50758 into, #50797. Our contract with the City Of Santa Ana inquires a 50% deposit far order erl4y, 40% Von sla PMeAt Of Product and the remaining 10% upon delivery awd instatlation. The total for the above proposal is $22, 191.12, which would bre,* down as follows: 40%= 4,439.22 10% = A{ 6.657.34 $22,191.12 Any questions please call Maria or me @ 714-565-3765, Thank you for your tune and appreciate your business. Sincercty, Faye Aguilar Sr. Account Manager FULLMER CRMPANIE5 ° +400NQRTH TUSTIN AVENUE, SUITE 260 - SAi lTA ANA, CA 92706 ■ T14.565.3765 ■ FAX.565. 67 DECEMBER 6, 1999 TITLE: CONTRACT FOR EMPOWERMENT ZONE MODULAR FURNITURE APPROVED Recommended J As Amended FJ Ordinance on 1st Reading LI Ordinance on 2nd Reading LJ Implementing Resolution L3 Set Public Hearing For_ FILE NUMBER A- 1999- 2021-1- Direct the City Attorney to prepare, and authorize the Mayor and the Clerk of the Council to execute an agreement with Fullmer for the acquisition of modular furniture systems in an amount not to exceed $25,000. On April 19, 1999, the City Council approved an administrative budget for the Empowerment Zone which included funds for the establishment of an Empowerment Zone office. At the time, it was anticipated that the office would he established at the Business and Industry Center on Santa Ana Boulevard. However, that move has not materialized due to lack of space at that facility. Since last spring, the Empowerment Zone staff has been occupying offices on the sixth floor of City Hall and at the Work Center. There is not sufficient room at either place for all staff to be located together or for the addition of a fourth staff member as planned. With the completion of the new Ross Annex, space is now available for Empowerment Zone staff on the fourth floor. On February 1, 1999 the City entered into an agreement with Fullmer Furniture and Services for the purchase and installation of modular furniture systems for the City Hall expansion project. In order to provide consistency with the existing furniture systems in the new facility, staff recommends approving the subject contract with Fullmer Furniture to provide modular furniture systems for the four staff members assigned to the Empowerment Zone project. Contract for Empowerment Zone Modular Furniture December 6, 1999 Page 2 FISCAL IMPACT Funds are available in the Empowerment Zone account (account no. 129- 012-6641) . Cynthia J. Nei son Rod R. Coloma /Ir-`'Y Executive Director Executive Director Community Development Agency Finance & Management Services Agencypj H:Actions199cc1Ernp Zone Furniture 25.C. iM M