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Home My WebLink About2016 CON Foghorn Enterprises DBA San Diego PR - Electronic Newsletter Consulting ServicesCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FOGHORN ENTERPRISES, INC., DBA SAN DIEGO PR THIS AGREEMENT is entered into this 15h day of February, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and FOGHORN ENTERPRISES, INC., a California Corporation, DBA SAN DIEGO PR (the "CONSULTANT"). 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 provide services as outlined in attached Exhibit "A". 2. Length of Agreement. The duration of this Agreement is one (1) year beginning February 15, 2016 and expiring on February 15, 2017. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000. 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. Insurance. CONTRACTOR shall obtain: A. n If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. A „tomobile ; o 0 .,l1 bo.lily injury .,n.1 perty d.f age D incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 and hired vehicles ("any auto"). B. 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 with limits f t le st $ ,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. ELC. 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. 1 D. 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. CAE. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, 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. IMF. 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. LG. 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. 3.H. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. I� I. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Management 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. 2 City of National City and 2016 Agreement Foghorn Enterprises, Inc., DBA San Diego PR 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 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 laws, 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. I. 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. [Signature Page to Follow] 3 City of National City and 2016 Agreement Foghorn Enterprises, Inc., DBA San Diego PR CITY OF NATIONAL CITY By: 11,Q.L Leslie Deese, City Manager APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 FOGHORN ENTERPRISES, INC., DBA SAN DIEGO PR (Signatures of two corporate officers required) Michael Simms, Vice President By: (Name) (Print) (Title) CONTACT INFORMATION Phone: (619) 336-4289 Fax: (619) 336-4327 Contact: Lauren Maxilom Title: Management Analyst Dep.: City Manager's Office Email: LMaxilom@nationalcityca.gov SAN DIEGO PR 380 Calla Avenue Imperial Beach, CA 91932 Phone: (858) 248-2820 Fax: (619) Contact: Michael Simms Title: Vice President Email: michael@sandiegopr.pro Taxpayer I.D. No.: 45-2935038 4 City of National City and 2016 Agreement Foghorn Enterprises, Inc., DBA San Diego PR EXHIBIT A page 1 Introduction San Diego PR ("SDPR") is pleased to provide professional consulting services to City of National City ("CITY") in connection with the following tasks: • Task 1 — Layout and Distribute Bimonthly Electronic Newsletter Approach Task 1: Layout and Distribute Bimonthly Electronic Newsletter SDPR proposes the following approach: 1. Layout of client -supplied content in existing template 2. Two hours of editing 3. One round of changes/approvals 4. List Maintenance 5. Distribution 6. Post -send Reporting Assumptions The following are assumptions under this Statement of Work: 1. Work to be performed primarily by SDPR staff at SDPR offices in National City. 2. Travel expenses ARE NOT authorized for this project. 2016 Agreement between City of National City and Foghorm Enterprises, Inc. DBA San Diego PR EXHIBIT A page 2 Fees & Expenses The following are the estimated fees for this Statement of Work: Task 1 Task Descriptions & Deliverables Per Newsletter Fee 2.1 Layout of client -supplied content in existing template $600 2.2 Two hours of editing included 2.3 One round of changes/approvals included 2.4 List Maintenance included 2.5 Distribution included 2.6 Post -send Reporting included Per Newsletter Total $600.00 CONSULTANT will invoice CITY $600 upon distribution of each subsequent newsletter. One (l) year contract with six (6) bi-monthly electronic newsletters for an annual cost of $3,600. Payments are due within thirty (30) days of invoice. 2016 Agreement between City of National City and Foghorm Enterprises, Inc. DBA San Diego PR AW O CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/Y1'YY) 02/10/2016 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 THE CERTIFICATE HOLDER. 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 endorsement(s). PRODUCER Phone. (619) 741-5118 Fax (619) 741-4971 CONTRACTOR SOLUTIONS INSURANCE AGENCY, INC. P.O. BOX 3047 LA MESA CA 91944 INSURED FOGHORN ENTERPRISES, INC DBA SAN DIEGO PR 380 CALLA AVENUE IMPERIAL BEACH CA 91932 Agency Lic#. OF50099 rCONTTACT Contractor Solutions Insurance Agency, Inc. PHONE No, )(619) 741-5118 _1(mm, ,40) (619) 741.4971 E-MAIL Supporttcsiaonline.com INSURER(S) AFFORDING COVERAGE ADDRESS NAIC # INSURER A Hartford Fire Insurance INSURER e State Compensation Insurance Fund INSURER C INSURER D: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 25709 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 TYPE OF INSURANCE ADD INSO AURA VVVD POLICY NUMBER POLICY EFF POLICY EXP [MMJODIYYYY) IMMJDp/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 57SBMRI3833SC 10/12/15 10/12/16 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE `_X OCCUR DAMAGE TO RENTED PREMISES (Ea occurence) $ 1,000,000 MED. EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB (Ea accident) $ ANY AUTO SCHEDULED BODILY INJURY (Per person) $ ALL OWNED AUTOS A AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED PROPERTY DAMAGE (per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 9139229-15 09/28/15 09/28/16 X1 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYEE $ 1,000,000 R yea, describe antler DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requ red) Cancellation: 10 days for non -pay; 30 days all other City of National City, its officers, agents and employees are included as additional insured under the General Liability policy per policy form to follow from carrier. CERTIFICATE HOLDER CANCELLATION City of National City ATTN: Risk Management 1243 National City Blvd. National City, CA 91950-4301 Attention: ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENEATI Renee Mroz-Powell 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD okATED Al /////I//lll1,,„ ri, ,,nl 1\\\V\\\\ CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk FOGHORN ENTERPRISES dba SAN DIEGO PR Consulting Services — Electronic Newsletter Lavonne Leon (City Manager) Forwarded Copy of Agreement to San Diego PR