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HomeMy WebLinkAboutREAL ESTATE CONSULTING & SERVICE, INC. - 2015r Q r;l 4 t L A- 205407 CONTRACTOR AGREEMENT FOR BOARD -UP SERVICES 9 k� THIS AGREEMENT made and entered into this,, L ay of June, 2015 by and between Real Estate Consulting & Services, Inc., a California corporation (hereinafter "Contractor " ), 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 Contractor having special skill and knowledge in the field of building/propertyboard -up services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field 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 professional contracting 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 Contractor shall provide board -up services on request of the Community Preservation Manager or his designee, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 2. COMPENSATION a. City agrees to hay, and Contractor agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. This Contractor is one of five (5) contractors that the City has retained for on call board -up services. The total sum authorized to be expended by the City for all on call board -up services between all five contractors shall not exceed Fifty'rhousand Dollars ($50,000) during the Term of this Agreement. However, this Agreement does not guarantee that any set amotmt of the authorized $50,000 will be expended on any particular Contractor. 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, k� 001 Dui This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date or upon the depletion of the maximum contract amount as stated in Section 2 above, unless terminated earlier in accordance with provisions, below. The Tenn of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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, Contractor 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 which 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 and $2,000,000 in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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. (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. 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 Contractor 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 negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 Contractor further agrees to indemnify, hold harmless 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 Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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. 8. CONFLICT OF INTEREST CLAUSE Contractor 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 facsimile 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 Copies to: Executive Director of Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, California 92702 FAX (714) 647 -5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 FAX (714) 647 -6515 To Contractor: Nicole McGinty Real Estate Consulting & Services, Inc. 827 E. Civic Center Drive Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. If sent by mail, 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 facsimile, 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 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 terns 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 addition to, the terms and conditions hereof, shall not bind or obligate either Contractor or 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 Contractor, Contractor 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 contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor 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, tennination or other employment related activities. Contractor 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 Contractor 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. 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 � MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: HA SAN HAG ANI, CP Executive Director Planning & Building Agency CITY OF SANTA ANA V &wz'v DAVID CAVAZOS City Manager REAL ESTATE CONSULTING & SERVICES, INC. Nicole McGinty Title: Cm a e Tax ID# EXHIBIT A SCOPE OF SERVICES / RATE STRUCTURE A N'RECa,S,INC. Rate and Service Structure Item Description Price Board -up Cost 1st standard Window $75.00 Each Additional Window thereafter $50.00 Board -up Cost of 1St single door opening $75.00 Each additional door thereafter $50.00 Board -up cost of garage doors $350,00 Bolt - Garages $300.00 Screw door - Windows $65.00 Bolt— Windows $105.00 Screw door- Garages $75.00 Chain (Galvanized chain, price per foot) $4.15 Lock (Master lock, per lock) $22.00 Travel Charges (roundtrip) $50.00 After- hour Charge (additional per hour) $30.00 *Emergency Service Coordination* Minimum 1 hour $120.00 J A� a CERTIFICATE OF LIABILITY INSURANCE 1/29/2016 DATE(M i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TF!Ar TIFICATE HOLDRE , - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsemen s ::' PRODUCER Dealey, Renton & Associates - - DRA License 0020739 PO Box 10550 v'' CONTACT PHONE FAX . 714- 427 -6810 714- 427 -6818 E -MAIL ADDRESS INSURERS AFFORDING COVERAGE NAIC If Santa Ana CA 92711 -6810 INSURER A:Mt. Hawley Insurance Company MGLO182420 1/2612016 INSURED RECS INSURER B:Inte on National Insurance Co. 29742 Real Estate Consulting & Services, Inc. INSURER C: National Union Fire Ins of Pittsbur 827 E. Civic Center Dr Santa Ana CA 92701 V INSURER D DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED EXP(Any one person) INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 806783232 REVISION NUMBER' THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL INSD BR MD POLICY NUMBER POLICY EFF MM/DD% POLICY EXP MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y MGLO182420 1/2612016 1/26/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE'GT [:] LOO GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 12001173 1/26/2016 1/26/2017 MB ED Ea accident $ 1,000,000 BODILY INJURY (Par person) $ ANY AUTO ALL OWNED X SCHEDULED UTOS BODILY INJURY (Par accident) $ Ix HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB X OCCUR BE011414773 1/26/2016 1/26/2017 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS I CLAIMS -MADE DIED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA OFFICER/MEMBER EXCLUDEDP E. L. DISEASE EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Evidence of Insurance. City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. Primary and Non - Contributory applies to general liability as required by written contract. A =hF _201 --10i & Aey*v� 12m no CERTIFICATE HOLDER CANCELLATION 30 Da s7noticeA Days no y M A,,—, b$ r Apj:_ ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, Clerk of the City Council & ACCORDANCE WITH THE POLICY PROVISIONS. Dir, of Planning & Building Agency PO Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 11116/2015 t nla CeR I IrIL:A i E I.`G IaBUEU As A MAI TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE - FORDED BY THE POLICIES BELOW, THIS CSRYIRICAft OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE SUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the peltay(les) must be endorsed. If SUBROGRATION IS WAIVED '1 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). PRODUCER OnPoint Underwriting Inc. CONTACT NAME: Steven McComb 8390 E Crescent Pkwy, Suite 200 PHONE (AID, No Ext): (380) 828 -0844 '!PAX (A/C, NO): (360) 828 -0690 Greenwood Village, 00 80111 EMAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: !ACE American Insurance Can 122667 INSURED INSURER B. + ! Barrett Business Services, Inc. VO /F INSURER Ct REAL ESTATE CONSULTING & SERVICES, INC. INSURER D: 827 E CIVIC CENTER DRIVE INSURER E: - SANTA ANA, CA 92701 INSURER F: ! COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE 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 ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOPINSURANCE ADOL INSR SUER WVO POLICY NUMBER POLICYEFF tMMIDOIYYYY) POLICY EXP (MMIDO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE �.W. COMMERCIAL GENERAL LIABILITY CLAIMS-MADE DOCCUR DAMAGE TO RENTED PREMISES IEa ocauranue) $ MED EXP (Anyone Nareon) $ PERSONAL &ADV INJURY $ GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROD LQO PRODUCTS- COMPIOP AGO $ ECT $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea actddene $ ALLOWNEDAUTO$ MSMIEDULED AUTOS BODILY INJURY (Per person) $ HIREDAUT09 NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ $ UMBRELLA LIAR OCCUR EACHOCCVRRENCE $ EXCESS LIAR OCCUR AGGREGATE $ DEO III RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YM RWC 048545129 11/14115 1110112016 y/ WC STATU- TORYUMITG OTH- ER E.L. EACH ACCIDENT 32,440,400 ANY PROPRIETOWPARTNER/ EXECUTIVE Y OFFICEWMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under N/A Covered states: CA EL. DISEASE - EA EMPLOYEE $2,4tl0,Otl0 E.L, DISEASE - POLICY LIMIT 52,000,04tl DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORG 101, Addflionel RecraBS Schedule, if more space is required) —eot5� Q �Aq LA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City f Santa A Santa A Public Works Dept. y Ana, Ana P EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE POLICY PROVISIONS. WITH THE 20 Civis Center Plaza AUTHORIZED REPRESENTATIVE cZanta Ana CA 92702 Richard Paling c) 1988 -2010 ACORD CORPORATION: All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD. 7