HomeMy WebLinkAboutFRANK LA PLACA EXTERMINATING 1-2004
N-2004-144
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INSURANCE NQI ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: I¡-IS-Co.¡ CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this / ~ay of t/Jr1~004 by
and between Frank La Placa Exterminating, Inc., a California corporation (hereinafter
"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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
rat and mouse abatement.
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 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 those services as set forth in Exhibit A to this Agreement.
2.
COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $2,100.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) 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 terminate on June 30,
2005, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Community
Development 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 marmer 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 liability 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
claims 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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
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 Section 3300
of the Labor Code, 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.
2
(ii)
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(iii)
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 forthwith
terminate this Agreement. Such termination shall not effect 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.
6.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, 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 I of 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 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.
7.
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.
8.
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 marmer with performance of services specified under
this Agreement.
3
9.
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 telefacsimile or other
telegraphic communication in the marmer 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
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6736
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
La Placa Exterminating, Inc.
2206 South Lyon Street
Santa Ana, California 92705
telefacsimile (714) 540-3939
A party may change its address by giving notice in writing to the other party. If sent by
mail, any 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 telefacsimile, any notice, tender, demand, delivery,
or other 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.
10.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
4
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 nor
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.
11. 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.
12.
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.
13.
DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14.
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.
15.
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
5
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 ofthis Agreement.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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 the date and year
first above written.
PATRICIA E. HEALY
Clerk ofthe Council
CITYOF~
~AM -
City Manager
~T-IESL
APPROVED AS TO FORM:
R
AT CIA C. HI AKER
Executive Director of the
Community Development Agency
CONSULTANT
~d{cJ[Jð-
President
Tax ID# 9.'53 R8 J..f¿?>
6
'11/0~/2004 THU 15:57 FAX 714+565 4020 CITY OF SANTA ANA ~~~ CITY ATTORNEY
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FRANK LA PLACA EXTERMINATING, INC.
2206 S.~YO" 811'CC1, lIanta Af'I., CA 92705
(7141580.0200 C8001525-2867 (714154003939
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1000 SANTA ANA BLVD
SANTA ANA. CA 92701
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1000 SANTA "'NABLVD .109
SANTA ANA. CA 92701
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Data:
SltNice '''o.,e:
11'O1120!!-
11:22:41 AM
1110112004
(711) 5S5.2SeO
Mop: B29-F1
Billing Pt\ane:
(714) 585.2690
T.rgøt PINi
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BY:
ownar-Agent.Tenant AUthorized & ^~ptéd .-----.-
S~tI Jiil:epresenl3t1ve
EXH1RIT
A
. .
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out ofthe operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit ofthe
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
7
11/08/?004 Mo.N 11:18
FAX 714+565 4020 CITY OF SANTA ANA ~~~ CITY ATTORNEY
I4J 002/003
ACORD.
DAft (lllWDI'I"r)
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1HS Clilll1FlCA'Æ 1$ ,nUB All ,. MATTliIl OF INFORMATIoN
ON!. Y AND CONFERS NO RIG"Hi UPON J} i¡ CfllTlI'ICATE
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5811111 AlIa, CA 92705
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305 E. Fourth Sb'e8L, Suite
201 Santa Afta, CA 91701
SHOULD ANY œ TNIi: -OVIIi, DIiII:JII8IiD fIIOUCl1S liE ~NeÐ.lED IEliVAC TfC
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A.... M'r'!I WRITTEN r.lClflCS: 1'1iI 'rHIi ÇþlTllOCATE NOlbElt III.I"ID 111;1 T1f6 '-'n,
02~~::3,0~!..r'!'-~.:::;.~. FAX 714+565 4020 CITY OF SANTA ANA ~~~ CITY ATTORNEY
. .
I4J 002/002
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. .
THIS SHEET MUST BE COMPLeTED AND ACCOMPANY
THE CER, """.LCATe OF INSU~NCE
T'd
ADDmONAL INSURED ENDORSEMENT
InsuliIl1œc:ompany .AMERlCAN SAFETY RRS c/o THO/1CO
This endo.-semenl moc!ifj~ suct'l insuranc:e as b illforded Þy the .:¡rOYlsions of
POlicy NO.PC0041769t2!1l3 Rllatingla the following: .
,.
Tno city "" SilO'Ita Ana, 20 Civic Center Plam, Santa Ana, California 82701. Its
OlflCØlS, employees, agenl!l, and repJe58ntBllvli!s are nemli!d as additIonal
insureds ("additional il1l5urøds") wi1h resaid 10 Jiabilit)l anCl dot.nero 01 sullS arising
lrom the operations and usee performed by or on ~NI" of the mimed inllUm,
Wi'" respect to claims artslng oul at - Dp8lil!lonS and uses pertormed by or an
bend of the named Insured. such Insurance as Is afforded by this poliCY 1$
primary and i$ not additional to Dr conUlbuling with Bny other insurance canied
by or tor the benefit of ,he ßClClIUonal insurecfS.
2.
3.
11\15 Insurance ~lie5 separlllely to eaGh in.....red against \'\/horn claim is made or
suit is brought except with r85 )ðCII to the company's limits of lIaÞillty. Thll
inclusion 01 sny person or arganlJ!8tlon M ar1 insul'Ðd shall not aliect any right
whioll such person or organiZ3tion would have U a dalman! if not SO included.
4.
W"h resp8Ctto 11'\8 aad"otig,..1 insureds. "I¡II Irmurance shall nat bil cancelled or .
materlølly redl1ecd in cowr. or Mmhs exc:epl alter Ihirty (30) days written not~e
. I'Ia& been given to the City of San1a Ana, 2Q Civic Center PIaU. Sa:n,- Ana.
. CaliltJrnia 92701.
..
(Compl"tion gf Ihe !ollowlng, including countersignature, is required to malw this
D"dorsemertt IIffecd"...)
eff9cù"" -... ~ANUARY 26. 2005
poncy No. PCOO41769~ 2~13
. this endorsemoO'lt torrn is a part of
Issued 10
~RANk II Plnr^.~~TF~M'NðTjUr- TNr
NameCllnsured
.~
w.:øa:n:;CMinO~.r"'''''''''lòe'''lIi~ ''I~11I
APPROVED AS TO FORM
)z:8?'f;/ / 2-
.Y Laura Stitt Sheedy
Assistant City Attornev
R~O~~O ~O ttQ~~
#
r
~
!HIE:DLÞB~9S
SUI tt""PT":;¡
Client#: 50589
FRALAP1
AßORDm ' CERTIFICATE OF LIABILITY INSURANCE
I DATE (MM/DDIYYYY)
11/03/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
VanBeurden Ins Svc - Kingsburg
1600 Draper St Tel#559-897-2975
PO BOX 67
Kingsburg, CA 93631
INSURED
Frank LaPlaca Exterminating, Inc. /J \
2206 S. Lyon SI. 1\ \ -- 2.Q)-, - Lf4
Santa Ana, CA 92705 I v I
INSURERS AFFORDING COVERAGE
INSURERA. Clarendon Natllns (KRR)
INSURER B:
NAIC#
INSURER c.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
DATE MMfDDIYY DATE MMfDDIYY
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
L TR NSR
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLP.:MS MAD[ 0 OCCUR
EACH OCCURRENCE
DAMAGE TO RENTED
P MI E E rr n e
.
.
MED [XP íAny OIl€ p€;'Son}
,
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
LOC
ANY AUTO
ALL OWNED AUTOS
COMBINED SINGLE LIMIT .
(Eaaccident)
BODILY INJURY .
{Per person)
BODILY INJURY S
{Peraccidenl)
PROPERTY DAMAGE .
(Peraccidenl)
SCHEDULED AUTOS
HIRED AUTOS
NON..QWNED AUTOS
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
EA ACC $
AGG $
OTHER THAN
AUTO ONLY
EXCESS/UMBRELLA LIABILITY
OCCUR 0 CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
.
.
.
.
.
OTH-
DEDUCTIBLE
RETENTION
.
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
03KR0027118
10/01/04
10/01/05
X
:"~'<)r - ,.~; \ft
E.L. DISEASE - EA EMPLOYE
E.L. DISEASE - POLICY LIMIT
.1,000,000
.1,000,000
.1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED"BYEND
VISIONS
CERTIFICATE HOLDER
CANCELLATION
City of Santa Ana
P. O. Box 1988
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---Í.O..- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2
#M95454
GJ ACORD CORPORATION 1988
.
.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08)
2 of2
#M95454