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HomeMy WebLinkAboutSafiros Sanitations (2) ++-CC/A��LIFORNIA - NILTINALCIlry NCORPORATEO COMMUNITY SERVICES SERVICE AGREEMENT This Community Services Service Agreement("Agreement") is made and entered into by and between the CITY OF NATIONAL CITY, a general law City and municipal corporation ("CITY"), and Safiros Sanitations ("CONTRACTOR") who agree as follows: 1. Services to be Performed by CONTRACTOR: The CONTRACTOR makes the following representations and agrees to do the work described in accordance with the stated terms and conditions herein. 2. Description of Services: 3-Compartment Sink 50 Gallon Delivery Set-up and Removal Date: Saturday December 13th, 2025, Start Time: 8:00am End Time: 8:30pm Location: Kimball Park—E. 121h street National City CA 91950 3. Term: The term of this Agreement shall commence on the13th day of December 2025, and shall terminate on the 14th day of December 2025, unless earlier terminated pursuant to Section 10. 4. Compensation: The following shall be the terms of payment to CONTRACTOR for services rendered: Total Fee for Services Not to Exceed: $490.00 Payment Terms: The City will produce check ready to be provided to vendor at end of services on Saturday, December 131h, 2025 5. Method of Payment: The compensation provided in Section 4 shall be paid in full upon completion of services rendered. The compensation provided in Section 4 shall be paid by CITY in the amount of$490.00. 6. Independent CONTRACTOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR has and shall retain the right to exercise full control and supervision of all persons assisting the CONTRACTOR in the performance of the services hereunder,the CITY only being concerned with the finished results of the work being performed.As such,the CONTRACTOR and CONTRACTOR's employees are not entitled to any of the rights, benefits, or privileges of a CITY employee including, but not limited to, overtime, medical or Workers' Compensation Insurance, retirement benefits, or injury or other leave benefits. CONTRACTOR is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters. CONTRACTOR's employees providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit, including, but not limited to, eligibility to enroll in California Public Employees Retirement System ("PERS") as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. 7. Indemnity:To the fullest extent available under the law,the CONTRACTOR agrees to defend(with counsel acceptable to CITY), indemnify and hold harmless the CITY and its respective officers, officials, agents, employees, and volunteers (collectively "INDEMNITEES") against and from any and all claims, demands, liabilities, losses, damages to property, injuries to, or death of any person or persons, and costs (including attorneys' fees and expert costs), of any kind or nature whatsoever, resulting from or arising out of: (a) this Agreement; (b)the CONTRACTOR'S performance or failure to perform the services; (c) any act or omission of the CONTRACTOR or its employees, agents or subcontractors or their violation of any law; or (d) alleged PERS eligibility of any person performing services on CONTRACTOR's behalf or any employer and employee contributions for PERS benefits on behalf of such persons as well as for payment of any penalties and interest on such contributions. This section survives termination of this Agreement. 8. Insurance: CONTRACTOR shall obtain and maintain Commercial General Liability ("CGL") Insurance, Commercial Automobile Liability Insurance (Any Auto), Sexual Abuse and Molestation Insurance and Worker's Compensation and Employer's Liability coverage, minimum of $1,000,000 each occurrence, and $2,000,000 general aggregate; AND an Additional Insured Endorsement naming the INDEMNITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR maintains higher limits, INDEMNITEES shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to INDEMNITEES. CGL and auto liability policies shall be endorsed to provide that the policies are primary and non-contributory to any insurance that may be carried by INDEMNITEES, which shall September 2025