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Home My WebLink AboutWestern Sign & Awning Inc; 2014-02-20; PEM1063PEM1063 AGREEMENT FOR SIGN RELOCATION & REINSTALLATION SERVICES (WESTERN SIGN & AWNING, INC.) ^ THIS AGREEMENT is made and entered into as of the ^r^ day of 7^A/~^• 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("CrtV"), and WESTERN SIGN & AWNING, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of an exterior sign & awning company that is experienced in removal and storage of marquee signs. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for period of (90) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be two thousand eight hundred dollars ($2,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against alt claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 1/30/13 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V1I OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the pnor written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 1/30/13 14. AUTHORITY The individuals executing this Agreement and the instalments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WESTERN SIGN & AWNING. INC., a California corporation By: (print name/title) S-^f^-r^6^, CITY OF CARLSBAD, a municipal corporation of the^ State of California By: (sign here) (print name/tffle) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups:- Group A. Chairman, President, or Vice-President Group B. - Secretary, Assistant Secretary, - CFO or Assistant Treasurer Otherwisei 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: GELIA A. BREWER, Cit>Attorhey Assistant City Attorn City Attorney Approved Version 1/30/13 6- INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Raling guide of at least A-:Vll OR with a surplus line insurer on the State of California's Ust of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occui-rence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days pnor written notice to the City by certified maih City, will be narried as an additional insured on General Liability which shall provide primary coverage to the City. - Contractor will fumish certificates of insurance to the Contract Department, with endorsements to City prioi^ to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Confiict of Interest Code. The Contractor shall report '\ investments or interests in all four categories. ^ *^^^^.' 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state-and.federal laws and.Tegulation^ prohibiting '; discrimination and harassment and will obtain and maintain a'City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or'Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civi[ penalties for the filing of false claihis as set forth in the California False Claims Act, Government Code sections 12650, et sea., arid Carisbad Municipal Code Sections 3.32.025, et seg. Contractor further acknovvledges that debarment by another jurisdiction is grounds for the City of Cartsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, not" any monies due or to become due under it, without ttie prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Western Sign & Awning will provide sign removal, storage, and re-installation at New Village Arts located 2787 State Street, Carisbad CA, 92008 Scope of Work Cost • Remove existing theatre marque sign. • Leave brackets in place • Store the sign • Installation of sign after Re-Roof is complete $2,800 City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^^^Oi<Tj O On ^/^// y before me, CIVIL CODE 9 Here Insert Name and Tille ot the Officer personally appeared P^^iJ ^ r^^o ^5 ^-^^ge , ^/ChayJ D^l N3me(s) of Signer(! ROBIN T. DESROCHES { Commission # 1917074 I Notary Public - Californta | San Oiego County g who proved to me on the basis of satisfactory evidence to be the person(;?) whose nama^aj is/aw subscribed to the within instrument and acknowledged to me that heteherthey executed the same~lrr J^is/hciTTheir authorized capacity(ies), and that by l>s/h«f/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officiaLseal. Place Notary Seal Above Signature: OPTIONAL Signature of Notary Public Though fhe information below is not required by law, ii may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRII^ OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here I 2010 National Notary Association • NationalNolary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907