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HomeMy WebLinkAbout2005 CON Urban Corps of San Diego - Grounds MaintenanceSERVICE AGREEMENT THIS AGREEMENT, made as of May 16, 2005, by and between the City of National City, with its principal offices at 2100 Hoover Avenue, National City, California, 91910 (hereinafter referred to as "City"), and URBAN CORPS OF SAN DIEGO with offices at 3127 Jefferson Street, San Diego, California 92110 (hereinafter referred to as "Contractor"). WITNESSETH THAT: WHEREAS, City desires to contract for certain services, as more fully described on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as "Services") to be conducted at various locations under the direction of City and WIIEREAS, Contractor desires to provide the Services to City; NOW, TIIEREFORE, City and Contractor, each in consideration of the covenants of the other hereinafter set forth, agree as follows: 1. TERM. The term of this Agreement shall commence as of the date of the approval of the contract and shall continue in full force until the Scope of Services is satisfied and for a period not to exceed August 1, 2005. 2. SCOPE OF SERVICE. Contractor shall provide Services as delineated in Exhibit A (attached). Contractor shall perform services in accordance with provisions as delineated in Exhibit B (attached). Contractor further agrees to cooperate with City to properly promote the best interests of City, and to perform the Services in expeditious and economical manner consistent with the City's interests. 3. COMPENSATION. For the proper performance of the Services, City shall compensate Contractor in accordance with Exhibit A, attached hereto and made a part hereof. 4. CONFIDENTIALITY. Contractor, its employees and agents shall treat and maintain as City 's confidential property, and not use or disclose to others except as is necessary to perform Services hereunder (and then only on a confidential basis satisfactory to City), any information regarding City 's plans, programs, costs, or clients which, maybe disclosed to or come within the knowledge of Contractor, its employees and agents in the performance of this Agreement, without City 's prior written consent. 5. INDEMNITY. Except as set forth herein in this Section 5, Contractor shall indemnify and save City and its employees harmless against any and all liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs and expenses (including cost of defense, settlement and reasonable attorneys' fees) in which any or all of may suffer, incur, be responsible for or pay out (whether the same arise out of or in connection with the Services, or from any operations under or in connection with this Contract) as a result of bodily injuries (including death) to any person or damage (including loss of use) to any property occurring to or caused in whole or in part by, Contractor or any of its subcontractors, including those injuries and property damages caused by 1 of 5 the joint or concurring negligent acts or omissions of City and/or its employees. Upon the request of City, Contractor shall promptly defend any such demand, claim, and cause of action or suit. Contractor shall indemnify and save City and its employees harmless against any and all liabilities, penalties, demands, claims, losses of revenue, causes of action, suits, losses, damages, costs and expenses (including cost of defense, settlement and reasonable attorneys' fees) which any or all of them may hereafter suffer, incur, be responsible for or pay out (whether the same arise out of or in connection with the Services, or from any operations under or in connection with this Contract) as a result of non-performance of contracted Services as described on Exhibit A. City agrees that Contractor shall not be liable to Sponsor under this Section 5 for liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs and expenses arising out of bodily injury (including death) to any person or damage (including loss of use) to any property caused by or resulting from the sole negligence of Sponsor or its employees. 6. INSURANCE. Contractor shall not begin the Services under this Agreement until: (a) It has obtained all the insurance required here in, (b) It has furnished certificates of insurance satisfactory to Sponsor, and (c) Such insurance and the certificate have been approved by Sponsor. Every certificate of insurance providing evidence of the coverage required herein shall provide that no reduction, cancellation or expiration of such insurance coverage shall become effective until thirty (30) days from the date of receipt of a written notice. All written notices shall be addressed and delivered to the person designated in Section 8 here of as the recipient of notices to City. Additionally, during the term of this Contract, Contractor shall provide further certificates to Sponsor at least thirty (30) days prior to expiration dates shown on certificates furnished pursuant to sub paragraph (3) above evidencing that the insurance required herein is in effect after said dates. Contractor shall take out and maintain for the life of this Agreement (at its own expense unless otherwise specifically set forth) at least the following insurance: COVERAGE Worker's Compensation Employer's Liability Comprehensive or Commercial General Liability (Bodily Injury and Property Damage) Comprehensive or Commercial Automobile Liability (Bodily Injury and Property Damage) LIMITS Statutory $250,000 each accident $1,000,000 each occurrence combined single limit $1,000,000 each occurrence combined single limit 2 of 5 City shall be named as an additional insured on the Comprehensive or Commercial General Liability policy, the Comprehensive or Commercial Automobile Liability policy, and on the Employer's Liability policy. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. 7. NOTICE. Except as otherwise specifically provided, any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered in person, transmitted by teletype or telegraph or if deposited in the United States mails, postage prepaid, for mailing by first-class registered or certified mail, addressed as follows: The City's representative shall be addressed to: City of National City Public Works Department 2100 Hoover Avenue National City, CA 91950 Attention: Miguel Diaz The Contractors representative shall be addressed to: Urban Corps of San Diego PO Box 80156 San Diego, CA 92138-0156 Attention: Sam Duran or to such other address or individual as either party may specify from time to time by written notice given mutual parties. 8. TERMINATION -SUSPENSION. City may, at any time, terminate this Agreement in whole or in part, or suspend, delay or interrupt all or any part of the Services here under by written notice or verbal notice confirmed in writing. If City terminates for convenience, City will reimburse Contractor for those costs not in excess of the amount specified in Exhibit A, which were previously incurred by Contractor in good faith in connection with the Services, including a reasonable allowance for overhead and profit. Except for circumstances beyond the reasonable control of City, if the Services are suspended, delayed or interrupted by City and if Contractor is authorized by City to resume the Services, an equitable adjustment will be made to the amount specified in Exhibit A and/or completion schedule. 9. STANDARD OF CARE. Contractor agrees that it will perform the Services in a good and workmanlike manner, use sound principles and practices in the performances of the Services to be provided hereunder, and will exercise high standards of skill, care and diligence in the performance of the Services. Contractor shall be responsible for responding to and attempting to resolve any complaints arising from Contractor's perfouuance hereunder. Contractor shall keep City advised of and shall follow City 's guidance, if offered, as to the resolution of any such complaints. Where City determines that any complaint should be handled by City rather than by Contractor, Contractor 3 of 5 shall immediately cease in handling of the complaint and shall use its best efforts to cooperate with and facilitate City 's efforts in handling the complaint. 10. INDEPENDENT CONTRACTOR. Contractor shall not be deemed to be an agent, employee, partner, or joint venture of City by virtue of the relationship established hereunder, and Contractor shall have no authority to enter into any agreements or understandings on behalf of City or to otherwise obligate or bind City to any contract, obligation, or undertaking whatsoever, except as may be otherwise set forth herein. Contractor shall at all times be acting and performing as an independent contractor with respect to City, performing services in accordance with its own judgment as to the method of rendering such service. Contractor shall not be entitled to participate in any benefit plans maintained by City for its employees, nor shall City make any deduction for payroll taxes, unemployment or workers compensation insurance, pensions, annuities, or benefits measured by wages, salary or other compensation paid to Contractor. Contractor shall not have any claim against City for vacation pay, sick leave, retirement benefits, social security, workers compensation, disability or employee insurance benefits or any other employee benefits of any kind or nature. Contractor shall not have the right to appoint any sub -Contractors unless the desired sub -Contractors approved in advance and in writing by City; the sub -Contractor agrees in writing with City to act in accordance with and subject to all of the provisions of this Agreement and Contractor agrees in writing that the Contractor shall assume any and all liability arising out of or related to the sub -Contractor's activities and that sub -Contractor has no direct or indirect right to compensation from City. 11. RELATIONSHIP OF PARTIES: The sole relationship between the parties is that of independent contractor, as set forth in this Agreement, and no partnership, joint venture, fiduciary or other relationship is intended or created between the parties. Contractor represents that Contractor has read and understood each and every term and condition of this Agreement, including any exhibits, and has consulted with, or has had adequate opportunity to consult legal counsel prior to and regarding the terms and conditions of this Agreement, including any exhibits, and that this Agreement shall be treated as if mutually drafted by the parties. 12. COMPLIANCE WITH LAWS: Contractor shall comply with all Federal, State, and local statutes, laws, ordinances, regulations, rules and codes applicable to the Services. 13. SAFETY: Contractor acknowledges and recognizes the importance of the safety and health of all persons. Contractor agrees to devote special care and attention to, and to exercise its best efforts to attain, the desired objective of performing the Services without injury to any person. 14. ASSIGNMENT: Contractor shall not assign this Agreement or any payments due or to become due hereunder without the prior written consent of City. Any attempted assignment without such consent shall be void. Assignment attained under proper approval shall not operate to relieve Contractor of any of its obligations under this Agreement. 15. CAPTIONS: Headings of particular articles and paragraphs are inserted only for convenience and are in no way to be construed to be a part of this Agreement or as a limitation of the scope of the articles or paragraphs to which they refer. 4of5 16. BINDING EFFECT: This Agreement shall bind and insure to the benefit of the successors and assigns of City unless expressly released and discharged by Contractor or by operation of law. 17. APPLICABLE LAW: THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORNDANCE WITH THE LAWS AND JUDICIAL DECISIONS OF THE STATE OF CALIFORNIA AND ALL QUESTIONS OF PERFORMANCE HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS AND JUDICAL DECISIONS; BY EXECUTION OF THIS AGREEMENT, CONTRACTOR AGREES TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA. 18. AUTHORITY: The signatories hereto decree that they have full authority to enter into this Agreement on behalf of the parties to this Agreement. 19. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between City and Contractor with respect to the subject matter hereof. All prior negotiations and dealings regarding this Agreement if any, and the subject matter hereof shall be deemed superseded by and merged into this Agreement. 20. APPROVALS: IN WITNESS WHEREOF, City and Contractor have executed this Agreement effective as of the date set forth at its beginning. CITY; City of National City CONTRACTOR; :hi - "xec , ive Officer Urba orps of San Diego Date: Date: 5 of 5 EXHIBIT A A. Scope of Work The Urban Corps of San Diego will provide grounds maintenance, and limited security services for the City of National City Public Works Department to start May 16, 2005 and end prior to August 1, 2005. Urban Corps will provide two interns daily from Monday through Friday to provide eight (8) hours of service each. Interns shall report daily at City location and report to City staff to receive daily task details. B. Service Area Service locations shall limited to the following locations: 1. Kimball Park 2. City Administration Building 3. City Library 4. City's Public right-of-way C. Payment The City will compensate Urban Corps a total fee of $20 per hour per intern for the deliverance of services for a total contract amount shall not exceed $13,000. Payment is due upon receipt of invoice. Any questions concerning billing should be brought to the attention of Erwin Sanvictores, Urban Corps of San Diego Deputy Director, (619) 235- 6884 Ext. 331. ERNEST BLOOMFIELD & ASSOCIATES REHABILITATION & RECOVERY INSURANCE AGENCY, INC. License #:FB-02001561RR-0572858 22 Battery Street, Suite 503 San Francisco, CA 94111 415.956-2130 FAX 415-956.2944 FAX TRANSMITTAL PAGES-3 DATE: May 19, 2005 TO: The City of National City ATTN: Miguel Diaz FAX NO.: 619-336-4594 FROM: Flora Le RE: Urban Corps of San Diego Certificate of Insurance Attached please find a Certificate of Insurance along with a CG2026 Additional Insured Form for the above - mentioned insured. The original will follow in tonight's mail. Please contact me should you have any questions. Since lo, rr Account Representative CC: Ben Heusso, UCO 619-235-5425 Fax L.,: 'P QRQ CERTIFICATE OF LIABILITY INSURANCE Pa00u ER 'u 415-956-21 ERNEST BLOOMFIELD $ ASSOCIATES REHABILITATION Si RECOVERY INS AGENCY 22 BATTERY STREET, SUITE 503 SAN FRANCISCO, CA 94111 INSURED URBAN CORPS OF SAN DIEGO P.O. BOX 80156 SAN DIEGO, CA s)2138-0156 COVERAGES NSR D i eO LTA 1 s..nl TYRE(gF!ti§!9RAAICE I POLICYNDMBER POLICY EFFECTIVE POLICY EYPIRATIONr DATPIMMJ:D/TY) DATF(MMJOD/YY) LIMITS A DAAIAOCIIETUSIEaisD s 1,000,000 10/25105 PREMISES(Ea ocYrer9e) $ 200,000 DATE (MMIDDIYYYY) I 05/19/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND NO RIGHTS UPON THE CERTICATE HOLDER. TTH S0NFERS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA, FIRST NATIONAI. INS CO OF AMERICA INSURER B WSUFERO: W SURER D; LIN3URER E: THE POLICIES OF INSURANCE LISTED BELOW -!AVE}gEIE)q icS n,m —.: RI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT THE "'0^€D NAMED ABOVEE. FOR THE POLICY PERIOD INDICATED. MAY BE ISSUED 0G N. ESCT OR DESCRIBED OTHER REIN IS WITH RESPECT E T WHICH THIS EXCLUSIONS CERTIFICATE MAY io s S OR MAY PERTAIN. THE AGGREGATE LIMITS AFFORDEDOWNY BY THE EN REDUCED DE BYIBED CLAIMS IS SUBJECT TO ALL THE TERMS, EXCLUSION$ AND CONDI?IONS OF SUCH POLICIES. AGGREGATE LIFa!!TS SHOWN MAY HAVE SEEN P.EDUC=u BY PAID CLAIMS, GENERAL LIABILITY 'X 1 COMMERCIALGENER<.L LIABILITY I 25C'IC04100520 CLAIMS MADE l r` 1 OCCUR L--y GERI AGGREGATE LIMIT APPLIES PER! POLICY j X PRO,1-7 ACT I COO AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.O W NEO AUTOS GARAGE LIABILITY ANY AUTO EEXCESS/UMBRELLALIABILITYABILi7y r j OCCUR Eli CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNEFUESECUTIVE OFFICERIMEMEER EXCLUDED? P yes. *scabs, untie SPECIAL PROVISIONS bclaw OTHER NOT COVERED THRU OUR AGENCY 10/25/04 MEDEXP(Any one person) S 10,000 PERSONAL& AOV INJURY S 1,000,GOO GENERAL AGGREGATE S 3,000,000 PRODUCTS.COMPtO PAGG S 3,000,000 COME/NED SINGLE LIMIT i IEsaaddanl) e per INJURY (Perer person) BODILY INJURY (Peraccieeni) PROPERTY DAMAGE (Perecc,aent) AUTO ONLYIEA ACCIDENT OTHER THAN AUTO ONLY; $ EA ACC T AGO S EACH OCCURRENCE J3 AGGREGATE 11$ $ $ I WCSTATLa OTH, TORT LIMITS E.L. EACH ACCIDENT $ Ef L. DISEASE: EA EMPLOY E.L. DISEASE, POLICY LIMIT S DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES / EXCLUSION®ADDED 8Y ENDORSEMENT! SPECIAL PAOVIeIDNS THE CITY OF NATIONAL CITY, ITS OFFICIEIRS, AGENTS, AND EMPLOYEES ARE NAMED AS AN ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED. "10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER THE CITY OF NATIONAL crTY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA. 91950 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL!-IDS AE CANCELLED BEFORE TIE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE Y0 THE CERTIF)CATE HOLDER NAMED TQ THE LEFT, OUT FAILURE TO DO 5O SHALL IMPOSE NO OBLIGATION OR LIABILITT OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESEN T ATIVEO, AUTHORIZED REPRESENTATIVE ACORD CORPORAT)ON 1988 rnn7„ ,n.9,";] Drr" :V POLICY NUMBER: 25CC004105520 COMMERCIAL GENERAL. LIABILITY CO20260704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I "panne Of Additional Insured Person(s) Or Organization(s) The City of National City 1243 National City Blvd. National City, CA. 91950 Information required to complete this Schedule, if not shown above, will be shown In the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG20260704 © ISO Properties, Inc., 2004 Page 1 of 1