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HomeMy WebLinkAboutLMUU Inc dba Sparkle Freshness; 2020-12-30; PSA21-1359FACDocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC AGREEMENT FOR FARMERS CLAIMS BUILDING DEEP CLEANING CUSTODIAL SERVICES (2351 FARADAY AVE) LMUU, INC. DBA SPARKLE FRESHNESS THIS AGREEMENT is made and entered into as of the 30th day of December , 2020 , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and LMUU INC., a California corporation dba Sparkle Freshness, ("Contractor"). RECITALS City requires the services of a cleaning contractor that is experienced in deep cleaning including striping and sealing of vinyl flooring. 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 a period of sixty (60) calendar days from the date first above written . 3. COM ENSATION The total fee payable for the Services to be performed will be three thousand one hundred twenty- five dollars ($3,125). 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 all 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 6/12/18 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC 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 Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, 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 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Barney Dresman Title Public Works Supervisor Department Public Works City of Carlsbad Address 405 Oak Ave Carlsbad CA 920089 Phone No. 760-434-2980 For Contractor Name Stephanie Barneburg Title CEO / Managing Partner Address 3129 Tiger Run Court, Ste. 217 Carlsbad, CA 92010 Phone No. 858-352-9860 Email info@sparklefreshness.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. 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 Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No 0 9. 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. City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC 10. 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-A FEMA REQUIRED PROVISIONS The City and Contractor shall comply with all applicable requirements of the Federal Emergency Management Agency (FEMA) which are outlined in Exhibit "B", which is attached and incorporated by this reference. 11. 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 seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. 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. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. 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. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 3 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC 15. AUTHORITY The individuals executing this Agreement and the instruments 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, LMUU INC., a California corporation dba Sparkle Freshness By: By: (sign here) Stephanie Denise Barneburg, President, CEO, Secretary (print name/title) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager 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 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: CELIA A. BREWER, City Attorney By~~ AS6istam: City Attorney City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC EXHIBIT "A" FARMERS CLAIMS BUILDING DEEP CLEANING (2351 FARADAY AVE) SCOPE OF SERVICES Contractor shall provide all labor, equipment and materials necessary to deep clean the building located at 2351 Faraday Avenue, Carlsbad, CA 92008. Contractor will furnish all necessary tile maintenance supplies inclusive of but not limited to: baseboard cleaners, strippers, sealers, finishes, disinfectants, degreasers & neutralizers. Contractor will furnish all the necessary tile maintenance equipment inclusive of but not limited to: floor machines, buffers, auto scrubbers, wet vacuums, back vacs, mop buckets, wringers, applications, micro fiber dusting clothes and/or materials, mops and brooms. Strip & Refinish -One-time • Area will be cleared of chairs, floor mats, trash containers and cardboard boxes. • Items stuck to the floor will be carefully removed using a putty knife or scraper. • Floor will be dust mopped or swept to remove surface dirt and debris. • Finish will be removed using floor machine and/or auto scrubber and appropriately diluted chemical stripper solution. • Careful attention will be given to thoroughly stripping of edges. • Baseboards will be cleaned as possible using edge machine, handheld pad or brush along with baseboard cleaner. • Dirty stripper solution will be picked up using wet-vac or squeegee and mop. • Floor will be rinsed several times with clean water, followed by a neutralizer solution, then allowed to completely dry before finish is applied. • Four (4) coats of sealer and/or finish will be applied using flat microfiber applicator or 100% rayon finish mop head to achieve hi-solid content and desired appearance. Deep Cleaning -One-time • Removal of all cobwebs. Highs and lows, corners and baseboards cleaned. • Interior and exterior windows cleaned. • Disinfect Restrooms. Clean walls, stall doors and all fixtures. • Clean inside all cabinets and drawers. • Shampoo carpet using encapsulation method. Standard Procedures Complete machine stripping and refinishing of the tile, deep cleaning and window cleaning: Total not to exceed $3,125. City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC Exhibit B Additional Terms and Conditions for FEMA Funded Agreements The following provisions are incorporated into the Agreement: 1. The contractor acknowledges Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2. The contractor shall not use the Department of Homeland Security (OHS) seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. 3. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City of Carlsbad, contractor, or any other party pertaining to any matter resulting from the contract. 4. The contractor acknowledges that 31 U.S.C. Sections 3801-3812 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 5. Access to Records. The following access to records requirements apply to this contract: (A) The contractor agrees to provide the City of Carlsbad, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (D) In compliance with the Disaster Recovery Act of 2018 (Pub. L. No. 115-254, §§ 1201- 1246 (2018)), the City of Carlsbad and the contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 6. Suspension and Debarment (A) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that neither the contractor nor its principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (B) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: BDE84DA3-D85F-480C-8822-870C24254254 PSA21-1359FAC (C) This certification is a material representation of fact relied upon by the City of Carlsbad. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California or the City of Carlsbad, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7. To the extent any Federally mandated provisions incorporated by Exhibit B conflict with other terms and provisions of this Agreement, the Federally mandated provision(s) shall prevail. City Attorney Approved Version 6/12/18 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ OR/31/2070 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 have ADDITIONAL INSURED provisions or 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 CONTACT Scott Clayton Summer Agency Insurance Brokers, Inc. NAME: PHONE ( 562)690-9770 I FAX 1530 W Whittier Blvd 'Air-t.l ... C..,♦\, IA/C Nol: (562)690-9771 E-MAIL scottclayton@lsummergroup.net La Habra, CA 90631 ADDRESS: License #: 0664578 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: C?--••-'1ale ln~•Jrance Comoanv INSURED INSURER B : LMUU, Inc. DBA Sparkle Freshness INSURER C: 3129 Tiger Run Court Suite 217 INSURER D : Carlsbad, CA 92009 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00044297-240949 REVISION NUMBER: 25 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,on ""'n POLICY NUMBER IMM/DD/YYYY\ IMMIDD/YYYY\ LIMITS A ~ COMMERCIAL GENERAL LIABILITY y CPS7226986 08/17/2020 08/17/2021 EACH OCCURRENCE $ 1 000 000 D CLAIMS-MADE [x] OCCUR DAMAGE TO RENTED ,--PREMISES /Ea occurrence\ $ 100 000 ,--MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1 000 000 ,-- GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~ □ PRO-DLoc PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident) ,-- ANY AUTO BODILY INJURY (Per person) $ ,--OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ,--HIRED ,--NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY {Per accident) $ ,--,-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ,-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I s¥trnTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. (SFC) All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by SFC on August 31, 2020 at 08:49AM STATE COMPENSATION INSURANCE FUND ISSUE DATE: 12-29-2020 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: POLICY NUMBER: 9242438-2020 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: 12-07-2021 12-07-2020/12-07-2021 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE# 16 DATED 12-07-2020 SP This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ti ,6:/ d---x:11~~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2020-12-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD ENDORSEMENT #1651 -STEPHANIE BARNEBURG P,S,T -EXCLUDED. EMPLOYER LMUU INC. 3129 TIGER RUN CT STE 217 CARLSBAD CA 92010 (REV.7-2014) SP PRINTED [P10,HO] 12-29-2020 SP WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: $5,000.00 13.30 % $ 665.00 3.00 % Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 + 19.95)