HomeMy WebLinkAboutFair Play Score Board; 2009-03-03; PWGS448PUBLIC WORKS
LETTER OF AGREEMENT
PWGS #448
This letter will serve as an agreement between Fair Play, a Corporation (Contractor) and the City
of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to
remove and install gymnasium scoreboards(scoreboards and wireless package provided by the
City), per the Contractor's proposal dated January 8, 2009 and City specifications, for a sum not
to exceed Two Thousand -Five Hundred-Eighty dollars ($2,580). The work is to commence upon
issuance of a Purchase Order and is to be completed within thirty (30) calendar days thereafter.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its agents, officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of this Contract or work; or from any failure or alleged failure
of the contractor to comply with any applicable law, rules or regulations including those
relating to safety and health; except for loss or damage which was caused solely by the active
negligence of the City; and from any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or indirectly from the nature of the work
covered by this Contract, unless the loss or damage was caused solely by the active
negligence of the City. The expenses of defense include all costs and expenses, including
attorney's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and
a combined policy of workers compensation and employers liability in an insurable amount of
not less than five hundred thousand dollars ($500,000) each, unless a lower amount is
approved by the City Attorney or the City Manager. Said policies shall name the City of
Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that
have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are
admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, Catifornia
Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101
through 1525), to include but not limited to, verifying the eligibility for employment of all agents,
employees, subcontractors and consultants that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the
California False Claims Act, Government Cade sections 12650, et seg.. and Carlsbad
Municipal Code Sections 3.32.025, et seq. I IJrtSvinit U?C>\t,r ipit SwjJ<i£cT" To
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6. The Contractor hereby acknowledges that debarment by another jurisdiction is groi
City of Carlsbad to disqualify the Contractor from participating in contract bidding.
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
Revised 9/28/00
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of applicable wage rates is on file in the office of the
City Engineer. The contractor to whom the contract is awarded shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in the execution of
the contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Gian Lauro
Project Mgr)
Recreation
(Department)
3420 Camino de IPS Coches Carlsbad CA 92009
(Address)
F/yiR- -
(Contractor's License Number)
(Sign Here)(Print Name and Title)
By:
(E-mail Address)
X i ^
(Sign Here)<\. /
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation.)
APPROVED AS TO FORM:
RONALD
BY:
2 Revised 9/28/00
February 24, 2009
Attachment A
To whom it may concern:
It is our belief that we have maintained the requirements outlined by State of California for our
contractors license, but that the proof of our worker's compensation insurance has not yet been
recorded by the State of California Department of Consumer Affairs Contractors State License Board.
Please find within this document correspondence that details our insurance company's timely
submittal of the necessary documentation, as well as our license status as displayed on the California
Department of Consumer Affairs Contractors State License Board web site.
In instances such as this where the license status is not listed as current, the State of California suggests
you ask for proof of insurance. We have provided that proof herein.
Despite our repeated efforts, the State of California has not yet provided a date when our license will be
properly recorded. We realize that the State has experienced significant budget cuts this year, and that
acknowledgement may not come for some time. It is our hope that you find this document acceptable
as proof that we have fulfilled the requirements regarding our California Contractors License.
Initialed:
/It i /•"« f
_ This <£~H day of •fj^^di A-&$r 2009
' Of LjU.i/^ - 2009
Attachment A page 1 of 7