HomeMy WebLinkAboutNORTH O.C. COMM. COLLEGE DISTRICT 1 - 2002
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INSURANCE ON FILE
WORK MAY PROCEEO
UfIITIL INSURANCE EXPIRES
O:u/l" P _ ? rJ ZO(J ~
CLERK rb COUNCIL '
DATE, STANDARD CONSULTANT AGREEMENT
N-2002-065
"
THIS AGREEMENT, made and entered into this ~ day of "C'\l{n ~ ,2002 by
and between North Orange County Community College District, a Public Community College
District organized and existing under the laws of the State of California (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
customer service training.
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 $750.00 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 27
2002, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Deputy City Manager for
Development Services 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 ofthe 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. 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$l,OOO,OOO 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. 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.
(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.
(iii) 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.
f. 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 proofthat 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: (I) 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 1 ofthis 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 ofthe 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.
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
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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 ofthe 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.
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 manner with performance of services specified under
this Agreement.
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 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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Deputy City Manager for Development Services
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 973-1461
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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:
North Orange County Community College District
School of Continuing Education
4175 Fairmont Boulevard
Yorba Linda, CA 92886
(714) 695-1501 ext. 211
Attn: Corine Doughty
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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
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.
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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,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because ofrace, 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 and all questions relating to its validity, interpretation, performance, and
enforcement shall be govermnent and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any ofthe clauses ofthis 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
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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 her 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.
ATTEST:
..c:=
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Atto ey
By:
Ben
Chie
RECOMMENDED FOR APPROVAL:
CONSULTANT
~.~
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Cindy . Nelson
Deputy City Manager for Development Services
City of Santa Ana
tJ/v4-
Dr. W. Gary McGuire
Provost
Employer ill # or Individual SS #
7
SCOPE OF SERVICES
IT IS THEREFORE AGREED AS FOLLOWS:
The DISTRICT hereby retains and employs the CONTRACTOR upon the terms and conditions
hereinafter set forth, and the CONTRACTOR hereby accepts said retention and agrees to
perform the services hereinafter mentioned as an independent contractor upon said terms and
conditions:
I. The CONTRACTOR shall commence providing services under this agreementon June 26,
2002 and will diligently perform as required and complete performance by June 26, 2002.
2. Under the direction of Corine Doughty, Director of the Workplace Learning Resource
Center, the CONTRACTOR is to provide the following services:
Four hour Customer Service Workshop featuring some or all ofthe outline below:
I. What is a Customer?
II. What is Good Customer Service?
III. Video: "Remember Me?"
IV. The RATER FACTOR
VI. Video: "I'll Be Back"
VII. Customer Expectations
VIII. Why Have You Stopped Doing Business with an Organization
IX. Customers Leave When....
X. The Value of Long -Term Customer
XI. Handling Customer Complaints
XII. Customer Service Action Plan
Investment:
Trainer
Materials/Supplies
Project Director
3. The DISTRICT shall pay the CONTRACTOR a fee not to exceed $750.00, for services
rendered pursuant to this Agreement. Payment shall be made upon submission of an invoice
in a form acceptable to the DISTRICT.
4. The CONTRACTOR shall assume all expenses incurred by himlher in connection with
the performance of this Agreement, and the DISTRICT shall not be responsible for payment of
any expenses incurred in connection with the services, other than the fee which is specified
above.
Let me know if you need any additional information.
Sincerely,
Corine Doughty
EXHIBIT 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 92701; 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 of the 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 of the
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 ifnot 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
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EVIDENCE OF COVERAGE
North Orange County Community College District
MEMORANDUM NUMBER: 87
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage
does not amend, extend, or alter the coverage afforded by the memoranda listed below.
CERTIFICATE HOLDER INFORMATION
City of Santa Ana
Attn: Tonia Zerba
20 Civic Center Plaza M-20
Santa Ana, CA 92701
Coveral!e Period: Effective: 7-1-02 Expires 12:01 a.m.: 7-1-03
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below
have beell issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract
or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of
Coverages described herein are subject (0 all the tenus, exclusions, and conditions of such Memorandum of Coverages.
TYPE OF COVERAGE LIMIT OF LIABILITY/COVERAGE
General Liability $1,000,000 Combined Single Limit Per Occurrence
Automobile Liability $1,000,000 Combined Single Limit Per Occurrence
Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30
days written notice to the Certificate Holder. If you have any questions, contact:
Ms. Paula Chu Tanguay, Chief Administrative Officer
ASCIP . 12750 Centcr Coun Drive . Suite 220 . Cerritos, CA 90703 . (562) 403-4640
Authorized Representative:
Date Issued: 11-15-Q2
Rev, 12-17-02
~
* ASCIP is ajoint powcr~ authority pursuant to Article 1 (commencing with Section 6500) ofChapler 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 816m of the Education Code.
Rev 5.97
87 -02103-27C
APP~~D AS TO "01\M
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I TINE LEE SHAW
Deputy City Attorney
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j .. \ Iliance of Schools for Cooperative Insurance Programs
11112750 C"','" C,..., I>",.,', S"it,. 220, Cm""" CA 90703 (562) 403-4640 -
Additional Covered Party Endorsement
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District: North Orange County Community College District Endorsement No.
87-02/03-27A
Additional Covered Party: Description of Operations, Vehicle, or Property:
The City of Santa Ana, its officers, employees, agents, As respects Agreement for Customer Service Training
volunteers and representatives
COVerage Period: Effective: 7-1-02 Exnires 12:01 a.m.: 7-1-03
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in
accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only with
respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCIP in issuing this endorsement to defend andlor indemnify the Additional Covered Party as respects to the Agreement for
Customer Service Training cited above. In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the
terms and conditions of the MaC to the Additional Covered Party named above only to the extent that the Additional Covered Party
faces liability arising out of claims, demands, or lawsuits claiming money damages on account of bodily injury or property damage
as defined and limited in the ASCIP Mac. The limits of liability extended to the Additional Covered Party listed above is
$1,000,000 per occurrence for liability.
Such coverage as is afforded by this MaC is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of the Additional Covered Party. This coverage applies separately to each Additional Covered Party against whom
claim is made or suit is brought except with respect to ASCI?'s limits of liability.
Authorized Representative:
Date Issued: 11-15-02
Rev. 12-17-02
ASCIP is ajoint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5197
,
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/ . \ lliance of Schools for Cooperative Insurance Programs
11112750 Cen'a Cm'" V,','c, S..i" 220, Cm'to,., CA 90703 (562) 403.4640
FROM : SANTA ANA PLANNING
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FAX NO. : 7149531461
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North Orange County Community College District
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Planning Bnd BuJJdinl Apncy
20 elm Center PI.. M.20
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$1.000,000 CmDbiDod Sin,le Umlt "'" OcxUfTO\'lC8
Should 1117 .f Ibo above ~ for Ihl: CoYl104 '-"Y . ......... or ...I1I1lIraWll ptlar 10 Iho ...plntio. _ iIIoul4 above. ASCII' will mail :Kl
,dIy. ...ntbm IIUli<:c 10 lbc c<<<m<llIO Holder. hili flil... '" ~l..... noti"" iholI 'DII""" "" obJip~CIlI or liQllililY 0( #IlY kind 1IpIIII4SCJ/', ill ......
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I\P~ TO FO'"
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'CRt E LEE SHAW
Deputy City Attorney
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FROM : SANTA ANA PLANNING
FAX NO. : 7149531461
Jun. 24 2002 02:05PM P3
a.nt By: HP LaserJet 3100;
562 403 4644;
Jun-24.02 14:33;
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Endorsement No.
87-01102-43A
"'11ollJll!~ A8tNmtDt for cu.lOJllet SlII'VIClllI1Iirrinl
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Tho coverage pruvidcd W ,1>0 Covor1ld Plltty I. hereby ."landed by lids endonemaDlltlllle Additional CnVlll'sd Patty naud abov. in
. ~ willi 1M pmviAiOlll cOlltlined in the MelllOWldlml of Co~ (MOC). The ~'illrase llXtellded lleRby eppliea llIIly 1II1lh
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r""fl8ollO Uablllly ,,"lrinB Ollt ot .c,ivldCll io llIe Po4ctlptlOll of Opcr.IiIXl., \lelllcl.. N' Prl>pony DOLtOd abovo. It I. iDlcndcd by
.A9C1P t. llllllliRg this mdor..monlln defMd QI)dIor indemDily lIIe Addltlnnal C'.ovortd P8tIy oQ\y If tho DialriC! Is solely IIlllllpnl.
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i in ill.inB rill. opdolWlOCnl, ASCIP InJenda and aarees 10 lllltlmd cnvtn80 PIIUlIW to lI10 lcmU ,lid conditions or 1M MUC 10 1110
. :f'ddltional CoIImd Perty _11 llbovo oAly 10 dio ull;nl L/ull lbo AddhlQl\Il1 Covl'l"Cd Pall)' tllCllS liability win. out of clDi~.
" dIImaIIdIi. or I.....ill ollliPlina mane)' damaps OlllWl\lnt of bodily 11\Iury or propony dlllll88e .. dlJfll1all end limited illlbt ASCIP
, MOC. TlIlIlimitllllf llebW\Y .~lIJ1lIlld 10 !be AddltiOllIll Covered Pany 1Wad r.bI>vo il 51.000.000 petlll;CU- far 11lIbility.
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Such CO"""'... a& iA affDllled by thiti MOC Ia JIl'lIl1lln' IUIll " nOlllddilionll to Of conlrlbullng with IInY other WWlIIIC8 c.mod by or tar
jilt lMNtetlt of th& Addlrilll\lll C~yONd Pllrty.
: ''!'hI. '""",,"Be appliea 1t-f"'"""ly III each Additional Cpvmd Puty qalnn wharn claUD. ia INldo or ~.it il btought eJIcq11 wilh rc;pect
III A5CfP'.1imi19 ot Iilbility,
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:Autborlaed Reo.......t.Uve; J~
'PaUbllUeCl:.~~ ,~
'.ucll' iu pill (VI..... oudullity punulllllO Article 1 (COIDl1lOllcina wldl SlC1Ion
JC.... 004 SiIC\IOl1I 39dOl .nd 116m of.... Jld\IcoIi<'" COlle, APPR
Rt.~7
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OI~yt~uCTi'le \ ofthcOov_1
?1'2--,
CR LEE! SHAW
Deputy City Attorney
,
/1'\ lIiance of SchoolS for Cooperatlve Insuran~!!"rogram8
uno eo- 0.... llrioo. So'"' UO. ,_, CA JlI'/W ('~) 4111.-