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HomeMy WebLinkAbout2015 CON Dwight Cleaning Service - Custodial Cleaning ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DWIGHT CLEANING SERVICE THIS AGREEMENT is entered into this 7th day of October, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Dwight Cleaning Service, (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall perform custodial cleaning services at the National City Police Department and National City Nutrition Center as described in Exhibit "A", and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through January 4, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $3,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. 1 nsurance. CONTRACTOR shall obtain: A. fJ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 13. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"), C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" fonn, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 1. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. T. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with, the laws of the State of California. The CONTRACTOR shall comply with all Iaws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. T. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY Leslie Deese, City Manager PROVED AS TO FORM: Claudia Gacitua S City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov DWIGHT CLEANING SERVICE (Corporation — signatures of two corporate officers required) (Partnership— one signature) (Sole proprietorship — one signature) By: 6/ (Nam (Print) By: (Title) /row (Print) (Title) DWIGHT CLEANING SERVICE Complete Address: 364 5th Ave. #217 Chula Vista, CA. 91910 Phone 619-410-7013 Fax: none Contact: Dwight Fowler Title: Owner Email: dwightfowler4@gmail.com Taxpayer I.D. No. 331178517 Revised August 2019 4 Dwight Cleaning Service 3645t11Ave#217 Chula Vista, CA 91910 619.410.7013 City Lic: 77095 Rick Hernandez Facilities Maintenance Supervisor Re: janitorial Cleaning Bid Bid: $ 3000.00 9/29/2015 o 3 Thank you for requesting a cleaning bid from my company Dwight Cleaning Service, I do not bid on cleaning jobs by the hour only by the job and have there will be staff of two sometime three to clean your facilities. Per your request you need cleaning from December 18, 2015 to January 4, 2016 on two of your facility the National City Police Department and the National City Nutrition Center, below are the prices for cleaning of each building and on the following page(s) are what the price cover for each building. National City Police Department $ 2250.00 National City Nutrition Center $ 750.00 Dwigl7 owlet. Dwight Cleaning Service 364 5th Ave # 217 Chula Vista, CA 91910 619.410.7013 l3uilding Coverage: National City Nutrition Center Dinningroom Area • Vacuum the whole dinning room also under tables Kitchen Area • Pick Up Floor Matts And Take Outside And Wash • Swept Floor • Mop Floor • Empty Trash Cans • Replace Floor Matt Bathroom • Clean Toilet • Clean Sink And Mirrow • Spot Clean Door For Hand Print • Swept Floor • Damp Mop Floor Office Area • Fmpty Trash Cans • Vacuum Carpet 9/29/2015 City Lie: 77095 Z of 3 Dwight Cleaning Service 9/29/2015 364 5th Ave # 217 Chula Vista, CA 91910 City Lic: 77095 619.410.7013 Building Coverage: National City Police Department Bathroom Cleaning • Clean All Sink And Counters • Mirrows • Toilets And Urinals • Top of Lockers • Showers • Empty Trash Cans • Swept Floors • Damp Mop Floors Office Area • Dust • Clean All Sinks And Counters • Empty Trash Cans • Spot Clean Hand Prints On Doors • Vacuum All Carpet Area • Clean Glass In Doors Lunchroom • Empty All Trash Cans • Damp Wipe All Table Tops • Clean All Sink And Counters Dispatch • Clean All Sink And Couters • Damp Wipe Front Of Kitchen Cabinet • Swept Floor • Damp Wipe Bathroom Floor A `rl' CERTIFICATE OF LIABILITY INSURANCE DATEIAD/YYYYj (LH 12/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poficy(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 endorsement(s). PRODUCER NORTHEAST AGENCIES, INC- 6467 MAIN STREET STE 103 WILLIAMSVILLE, NY 14221 CONTACT NAME: PHOPE FAX LAIC to E"u' NeN. E-StAHNo. ADDS` INSURER(S) AFFORDING COVERAGE NAILS INSURER A : Contractors Bonding and insurance Company 37206 INSURED Dwight Fowler dba : DWIGHT CLEANING SERVICE 364 5TH AVENUE APT. 217 CHULA VISTA, CA 91910 INSURER e INauROR c : INSURER D : INSURER E: INSURER F : COVERAGES rGOT-ICU+arc wremo..- - -- - - -- . _ .. — "—.— itLV 15ION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS VIM IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTI( TYPE OF INSURANCE ADOL3tJ8 11112 ME POLICY NUMBER LICY EFF Mablootrry I POLICY EILP GIMANNYY YYI UNITS A X COMMERCIAL GENERAL UABIUTY I X EACH OCCURRENCE $ 1000000 f f ClAIMS-MADE OCCUR C115K2848 12/11/2014 12/11/2015 s PNl ) $ 300000 MED EXP (Any one person) $ 5000 PERSONAL AADV INJURY $ 1000000 GENL X AGGREGATE LIMIT APPLIES 1(O"T P132: GENERAL AGGREGATE $ 2000000 P POLICY LOC PRODUCTS - COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LABILITY COMBINE ]LSINGLE L MIT It's accident) $ A ANY AUTO ALL OWNED — BODILY INJURY (Per person) $ A AUTTOS AU NON-OWNEDO BODILY NJtKiY (Paraa9derA) $ H HIRED AUTOS PROPERTY DAMAGE (Per acddent) $ 1 UMBRELLA LIAR EXCESS LIAR OCCUR EACH ONCE $ CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' UABLITY T, / N ANY PROPRIETOR/PARTNER/EXECUTIVE I ETSTATUTE ER 0,,......... EXCLUDEB? n N IA E.L EACH ACCIDENT $ (Mandatary In NH) If describeder E.L. DISEASE - EA EMPLOYEE $ D DESCRIPTION OF OPERATIONS below E.L DISEASE - POLIC`! LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, maybe Manned I more spas. Is required CERTIFICATF Nnl ITFR _ _ _____ _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED R ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE \-goazpx`±'2id1nY ACORD 25 (2014/01) 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Servicing Office: Freeway Insurance Services, Inc. 05021002 P.O. Box 669 Cypress, CA 90630-0000 (800)300-0227 Dwight Delano Fowler 364 5TH AVE APT 217 CHULA VISTA, CA 91910-3770 Plaza Indemnity Company Personal Automobile Policy Number: 1056081199 Named Insured: Dwight Delano Fowler Please contact your producer at the number provided above if you have any questions. All drivers living in the household must be listed or excluded. Auto Insurance Declarations Page This declarations page replaces all previously issued declarations pages, if any. Your insurance policy contract and any policy endorsements contain a full explanation of coverage. Your policy coverage period is effective from 12:01 am on August 21, 2014 and expires at 12:01 am on August 21, 2015. Current Transaction: New Business Effective: August 21, 2014 Transaction Time: 2014-08-21T09:33:32 PST Driver(s) Information Number Name 1 Dwight Delano Fowler Driver Class Driver's License Rating Points .> SR22 SM53 K0868108 N Summary of Coverage Vehicle 2 Rated Driver: Dwight Fowler 1997 GMC Suburban VIN:1GDEG16R3VJ725811 Territory: 337 Annual Miles: 10000 Coverage Description Limit of Liability Deductible Bodily Injury/Property Damage Liability 15,000/30,000/10,000 Uninsured Motorist BI 15,000/30,000 Collision Deductible Waiver See Deductible Vehicle Coverages Comprehensive Coverage / Collision Coverage Subtotal Policy Premium Policy Rewrite Fee (Non Refundable) Miscellaneous Fraud Fee Usage: Pleasure Premium Symbol $534.00 $40'.U0` $10.00 500 / 500 $222.00 $806.00 $13, 00 $1.80 Total 12 Month Policy Premium and Fees $820.80 Page 1 of 3 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk November 16, 2015 Mr. Dwight Fowler Dwight Cleaning Service 364 5th Avenue #217 Chula Vista, CA 91910 Dear Mr. Fowler, On October 7th, 2015, an Agreement was entered into between the City of National City and Dwight Cleaning Service. We are enclosing for your records a fully executed original Agreement. Sincerely, il 4 Michael R. Dalla, CMC City Clerk Enclosure