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HomeMy WebLinkAbout1999-02-16; City Council; Resolution 99-591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 99-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT. WHEREAS, the City of Carlsbad requires the services of a custodial maintenance contractor, an1 WHEREAS, proper bidding procedures have resulted in the receipt of bids from qualified vendor! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The bid of Quality Building Maintenance is hereby accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract fc these services, a copy of which is attached hereto, for and on behalf of the City of Carlsb; for the period of one year with the option for the City Manager to renew for three addition one-year periods, with revised contract prices set by mutual agreement. 3. The Purchasing Officer is hereby authorized and directed to issue a purchase order fc custodial maintenance services.. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City ( Carlsbad held on the 16th day of February , 1999, by the following vote to wit: AYES: Council Members Lewis, Hall, Nygaard and Kulchin NOES: &me ABSENT: Council Member Finnila ATTEST: (SEAL) 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the Isth. day 1: . .. .A February "- , 19:@, by and between the CITY OF CARLSBAD, a municip; corporation, hereinafter referred to as "City1', and Quality Building Maintenancc hereinafter referred to as "Contractor." RECITALS City requires the services of a custodial maintenance Contractor; and Contractc possesses the necessary skills and qualifications to provide the services required b the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenant contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS A. General i. Take responsibility for the performance of all work described in this agreement. ii. Provide all labor, materials, and equipment except where otherwise indicated in this agreement, and supervise the performance of the work. iii. Furnish a supervisor and make every effort to keep himlher on the job at all times. iv. Comply with all laws, ordinances, rules, and regulations of governmeni authorities, federal, state and local, including Worker's Compensation rev. 812519E -1 - e e and Immigration Reform and Contract Act of 1986, pertaining to the performance of work. v. Maintain current copies of MSDS sheets on site for all chemicals usec and stored at each facility. vi. Comply with all necessary appropriate safety measures. vii. Perform all work necessary and incidental to the orderly performance of the work. viii.Rep0t-t any emergency of a safety, security or health problem to the City Police/Fire Dispatcher (931-2197) including, but not limited to, an unlockable exterior door, broken ground floor window, plumbing stops or leaks, electrical power outage, cooling or heating malfunction or other similar problem that cannot wait to be repaired until the next work day. Emergency problems reported to the Dispatcher and non- emergency items that require attention will be expeditiously submitted in writing to the Facilities Manager, Community Services Department, 405 Oak Avenue, Carlsbad, California 92008-3009 on the next workday. B. Schedule of Tasks i. Daily Maintenance Work Items: a. Empty trash containers; re-line as needed; wipe containers clean, as necessary; remove all trash to a designated central location for disposal. b. Empty and damp wipe all ashtrays and cigarette urns. c. Hand dust and/or damp wipe without streaking all flat surfaces, including but not limited to, counters, and office furnishings suc as file cabinets, desk chairs, tables, bookcases; hand dust and/or damp wipe without streaking all other types of office rev. 8/25/9 -2 - 0 e furnishings such as telephones, lamps, pictures, thermostats, fire extinguishers; desk tops will be excluded unless the employee has cleared the desk top and requested cleaning. d. Hand dust andlor damp wipe all ledges and flat surfaces belov 72” from the floor. e. Remove all finger marks, smudges, and other marks around light switches, door knobs, entry doors, metal partitions and corridor walls. f. Clean out outside ashtrays at entrance. g. Wipe clean all chrome, aluminum, stainless steel and other metal trims, such as, but not limited to, push plates, kick plates door handles and railings. h. Dry wipe all chalkboards when chalkboards contain no writingldrawings; vacuum chalk dust from chalk trays and erasers; clean marker boards with appropriate cleaning solutions, as needed, when board contains no writingldrawinga i. Dust mop all resilient tile and hardwood floor surfaces; damp mop as required; wood floors with one ounce per gallon solutio of Super Shine-All; sweep all stairways. j. Maintain separate dust mops for use only on gymnasium and activity room floors and treat with Hilyard Super Hil-Tone Dressing. rev. 812519 -3 - 0 a k. Spray buff and/or apply S.O.S. floor finish as required on . Harding Community Center auditorium floor to eliminate slippe conditions. I. Thoroughly vacuum traffic areas of all carpets and rugs; spot clean carpets, as needed. Note: Building Maintenance Supervisor will schedule soil extraction on an annual basis. m. Clean glass entrance doors, insideloutside; spot clean metal framing, as needed. n. Clean rest rooms and showers; use germicidal detergent to clean all toilets and urinals, inside and outside including seats; clean and polish all flushometers and piping; Clean all wash basinskinks and wipe dry; clean and polish all basin fixtures and exposed pipes underneath; 0 Clean all mirrors, shelves under mirrors, and other shelves or brackets; 0 Spot clean partitions, doors, and wall areas, as needed; 0 Fill all paper and soap dispensers; wipe clean all dispenser: and trash receptacles (no refill supplies shall be stocked in vicinity of dispenser); 0 Damp mop floor using germicidal detergent; wet mop ceramic tile and terrazzo tile; 0 Completely sanitize restroom and shower floors and walls a1 all facilities. ii. Weekly Maintenance Work Items a. Those items listed under daily maintenance. b. Vacuum all carpeted areas completely. c. Vacuum all upholstered furniture; spot clean as needed. rev. 8/25/9& -4 - 0 0 d. Damp mop all resilient tile and wood floors, including stairs, spray buff all resilient tile areas. e. Treat water used for damp mopping all wood floors including gymnasium and activity room floors with one ounce per gallon solution of Super Shine-All. f. Clean all inside glass partitions. g. Clean and polish all metal entrance doors and jambs. h. Dust all baseboards, picture frames and other vertical surfaces of all office furniture; dust all molding, ledges, tops of partitions trim ventilators, louvers and air registers regardless of height above floor. i. Pour one gallon water containing two ounces of germicidal detergent down all floor drains; scrub and clean the custodian’s deep sink, if applicable. iii. Monthly Maintenance a. Those work items listed under daily and weekly maintenance. b. Scrub all resilient tile floors and stairs; apply new floor finish, as needed and polish floors. c. Machine scrub all hard tile (ceramic, quarry, etc.) floors. d. Dust all wood paneling; add lemon oil, as needed. e. Dust all partition tops, door tops, ceiling vents and light fixtures. f. Dust exposed pipes and overhead exposed mechanical equipment. iv. Quarterly Monthly Work Items (To be performed during the first month of each quarter) a. Those items listed under daily, weekly and monthly maintenance. b. Clean all windows, inside and outside. rev. 8/25/9E -5 - 0 a c. Clean watls and ceilings (including partitions.) d. Clean and polish marble, wood, etc., walls and paneling. e. Vacuum all upholstered furniture v. Semi-Annual Maintenance Work Items (To be performed during tt first and seventh month of the calendar year.) a. Those work items listed under daily, weekly, monthly and quarterly maintenance. b. Shampoo all carpeted traffic areas using methods approved by the Facilities Manager. c. Strip and re-seal all hard tile (ceramic, quarry, etc.) floors. d. Clean (wash) all window blinds. e. Clean all baseboards. f. Clean .all exterior window screens. g. Strip and refinish all resilient tile floor surfaces. Upon completion of this task, floor shall be free of all scuff marks, dirt dust, soil, spots, stains, deposits and film (dirt, oil, grease, etc.) vi. Annual Maintenance Work Items (To be performed during the firs two months of each calendar year.) a. Those work items listed under daily, weekly, monthly, quarterly and semi-annual maintenance. b. Vacuum, spot clean, and shampoo all carpets using-a soil extraction method approved by the Facilities Manager. Proper shampooing shalt result in a carpet free from all types of airborne soil, dry dirt, water soluble soils, and petroleum soluble soils. A clean carpet shall be uniform in appearance when dry and vacuumed. rev. 8/25/91 -6 - e 0 C. No chemicals or cleaning agents shall be stored at any facility without tt- express written permission of the Facilities Manager, but shall be carried 1 and from the job site daily. D. The Contractor will provide the City with a blanket fidelity bond covering all employees. E. The Facilities Manager will furnish keys to the Contractor who shall be responsible for locking and securing the buildings, including alarm systems, when leaving. The Contractor may NOT duplicate keys to buildings; additional keys, as needed, will be provided by the Facilities Manager. F. All lights are to be turned off when leaving unoccupied buildings. G. Contractor’s employees shall be required to be clean and neat in appearanc and wear identification. Contractor will be required to submit verification thal employees have the right to work in the United States. Contractor shall perform all obligations in a good professional and lawful manner; provide competent and sober personnel; efficient and clean equipment; and service the City in a courteous, helpful and impartial manner. The Contractor shall remove any of its employees from work on this contract for justifiable cause upon the request of the City. H. Contractor’s employees shall not use City phones, computers, copiers, fax machines, etc. 1. The Contractor will agree to and pay for background checks if required on all personnel providing custodial services at City facilities in cooperation with thf Carlsbad Police Department. In the event such background check reveals a1 item which Carlsbad Police deems a security problem, the City may request that such individual be removed from the list of personnel authorized to provide custodial services in City facilities. J. Work hours shall be after normal operating hours for each facility and between the hours of 6:OO p.m. and 6:OO a.m., Sunday through Friday, -7 - rev. 8/25/91 0 0 except holidays, dependent upon scheduled use. Any change in work hour: by the Contractor must be approved, in advance, by the Facilities Manager ( appointed designate. K. Holidays observed will be: New Year’s Day, Lincoln’s Birthday, Washington Birthday, Memorial Day, July 4”, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. L. The Contractor shall maintain a record of work accomplished which shall include date, time in, time out, location of work and persons who did the wor This report shall be submitted with the monthly billing. In addition, the repot shall indicate any work that needs to be accomplished. M. The Contractor shall have an “on-site” representative with authority to contractually bind the Contractor in matters which may arise during the agreement performance period. The Contractor shall provide, prior to commencement of work under this agreement, in writing to the Facilities Manager, a statement indicating by name, the specific authority vested in thc “on-site” representative. The Contractor’s “on-site” representative will be responsible for instructing and training of Contractor’s personnel in the prope and specified work method and procedures; directing, scheduling, and coordinating all custodial services and functions to completely accomplish thl work as required by this agreement. The “on-site” representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:OO a.m. to 5:OO p.m., Monday through Friday). N. Within five (5) work days after the award of the contract, the Contractor shall submit to the Facilities Manager a complete plan of his operations, indicating the names and addresses of the custodians (including all specialists and relief personnel) and the specific areas assigned to each, the days and times rev. 812519 -8 - 0 0 on which other than nightly duties will be performed, and the names and addresses of all supervisors. The plan will be kept current by the Contractor 2. GIN OBLIGATIONS The Facilities Manager or appointed designate shall monitor the custodial contract service and act as liaison to the Contractor. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt ( notification to proceed by the City. Extensions of time may be granted if requested b the Contractor and agreed to in writing by the Facilities Manager. The Facilitie Manager will give allowance for documented and substantiated unforeseeable an unavoidable delays not caused by a lack of foresight on the part of the Contractor, c delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $7,807.50 pe month. No other compensation for services will be allowed except those items coverec by supplemental agreements per Paragraph 7, "Changes in Work." 5. DURATION OF CONTRACT This agreement shall extend for a period of one (I) year from date thereof. Thc contract may be extended by the City Manager for three (3) additional one (1) yea periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. rev. 8/25/98 -9 - 0 0 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. Services not performed will be deducted from the monthly Pavment based upon the dailv prorated amount for each facilit 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or tt City, and informal consultations with the other party indicate that a change in tt conditions of the contract is warranted, the Contractor or the City may request a chang in contract. Such changes shall be processed by the City in the following manner: letter outlining the required changes shall be forwarded to the City by Contractor ' inform them of the proposed changes along with a statement of estimated changes I charges or time schedule. A Standard Amendment to Agreement shall be prepared b the City and approved by the City according to the procedures described in Carlsba Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend6 ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained an company or person, other than a bona fide employee working for the Contractor, tl solicit or secure this agreement, and that Contractor has not paid or agreed to pay an company or person, other than a bona fide employee, any fee, commissior percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin! from, the award or making of this agreement. For breach or violation of this warranb the City shall have the right to annul this agreement without liability, or, in its discretior to deduct from the agreement price or consideration, or otherwise recover, the fu amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. rev. 8/25/9( -10 - e e 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardir nondiscrimination. 10. INSPECTIONS The Facilities Manager and other concerned City personnel, as appropiate, will meet periodically to review the agreement performance. The Contractor will be appraised how the City views the Contractor’s performance and the Contractor will appraise the City of problems, if any, being experienced. The Contractor will also notify the Facilitie Manager in writing of any work being performed, if any, that the Contractor considers tl be over and above the requirements of the agreement. Appropriate action shall be taken to resolve outstanding issues. All performance (which includes services, materials, supplies, and equipment furnishec or utilized in the performance of this agreement, and workmanship in the performance of services) shall be subject to inspection and approval by the City at all times during the term of the agreement. The Contractor shall provide adequate cooperation to any inspector assigned by the City to permit the inspector to determine the Contractor’s conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the City shall be made in such a manner as not to unduly interfere with Contractor performance. If any services performed hereunder are not in conformity with the specifications and requirements of this agreement, the City shall have the right to require the Contractor tl perform the services in conformity with said specifications and requirements at no additional increase in total contractual amount. When the services to be performed are of such nature that the difference cannot be corrected, the City shall have the right to (I) require the Contractor immediately to take all necessary steps to ensure future rev. 8/25/9 -11 - 0 0 performance of the services will be in conformity with requirements of the agreement, and (2) reduce the contractual price to reflect the reduced value of the services performed. In the event the Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of the agreement, the City shall have the right to eithe (I) have the services performed in conformity with the agreement specifications and charge to the Contractor any cost occasioned to the City that is directly related to the performance of such services, or (2) terminate this agreement for default. 11. TERMINATION OF CONTRACT in the event of the Contractor's failure to prosecute, deliver, or perform the wo as provided for in this contract, the City Manager may terminate this contract fi nonperformance by notifying the Contractor by certified mail of the termination of tt Contractor. The Facilities Manager shall make a determination of fact based upc documents delivered to City of the percentage of work which the Contractor t-t: performed which is usable and of worth to the City in having the contract completed Based upon that finding as reported to the City Manager, the Manager shall determin the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (3( days written notice to the other party. In the event of such suspension or terminatiot upon request of the City, the Contractor shall assemble the work product and put saw in order for proper filing and closing and deliver said product to City. In the event ( termination, the Contractor shall be paid for work performed to the termination datc however, the total shall not exceed the fee payable under paragraph 4. The Cii Manager shall make the final determination as to the portions of tasks completed an the compensation to be made. rev. 812519 -12 - 0 0 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must k asserted as part of the contract process as set forth in this agreement and not anticipation of litigation or in conjunction with litigation. The Contractor acknowledgc that if a false claim is submitted to the City, it may be considered fraud and tt Contractor may be subject to criminal prosecution. The Contractor acknowledges th California Government Code sections 12650 et seq., the False Claims Act, provides fl civil penalties where a person knowingly submits a false claim to a public entity. The: provisions include false claims made with deliberate ignorance of the false informatic or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1 to recover penalties pursuant to the False Claims Act, it is entitled to recover i litigation costs, including attorney’s fees. The Contractor acknowledges that the filing a false claim may subject the Contractor to an administrative debarment proceedir wherein the Contractor may be prevented to act as a Contractor on any public work improvement for a period of up to five years. The Contractor acknowledges debarme by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contract( from the selection process. & (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02f 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference (Initial) 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s ow way as an independent Contractor and in pursuit of Contractor’s independent callin! and not as an employee of the City. Contractor shall be under control of the City on1 as to the result to be accomplished, but shall consult with the City as provided for in th request for proposal. The persons used by the Contractor to provide services under thi agreement shall not be considered employees of the City for any purposes whatsoever rev. 812519 -13 - 0 0 The Contractor is an independent Contractor of the City. The payment made ' the Contractor pursuant to the contract shall be the full and complete compensation ' which the Contractor is entitled. The City shall not make any federal or state t: withholdings on behalf of the Contractor or its employees or subcontractors. The Ci shall not be required to pay any workers' compensation insurance or unemployme contributions on behalf of the Contractor or its employees or subcontractors. Tt Contractor agrees to indemnify the City within 30 days for any tax, retireme contribution, social security, overtime payment, unemployment payment or workel compensation payment which the City may be required to make on behalf of tt Contractor or any employee or subcontractor of the Contractor for work done under th agreement or such indemnification amount may be deducted by the City from ar balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reforl and Control Act of 1986 and shall comply with those requirements, including, but nl limited to, verifying the eligibility for employment of all agents, employee subcontractors and Consultants that are included in this agreement. 14. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and i officers, officials, employees and volunteers from and against all claims, damage losses and expenses including attorneys fees arising out of the performance of tt work described herein caused by any willful misconduct, or negligent act, or omission ( the contractor, any subcontractor, anyone directly or indirectly employed by any of ther or anyone for whose acts any of them may be liable. 15. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monie due thereunder without the prior written consent of the City. rev. 812519 -14 - 0 0 16. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under tk contract by the Contractor, Contractor shall be fully responsible to the City for the ac and omissions of Contractor’s subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omissions persons directly employed by Contractor. Nothing contained in this contract sh; create any contractual relationship between any subcontractor of Contractor and tt City. The Contractor shall bind every subcontractor and every subcontractor of subcontractor by the terms of this contract applicable to Contractor’s work unle: specifically noted to the contrary in the subcontract in question approved in writing t the City. 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City negotiate, make, accept, or approve, or take part in negotiating, making, accepting, ( approving of this agreement, shall become directly or indirectly interested personally i this contract or in any part thereof. No officer or employee of the City who is authorize in such capacity and on behalf of the City to exercise any executive, supervisory, ( similar functions in connection with the performance of this contract shall becorr directly or indirectly interested personally in this contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of tt- City, either before, during or after the execution of this contract, shall affect or modif any of the terms or obligations herein contained nor entitle the Contractor to an additional payment whatsoever under the terms of this contract. rev. 8/25/9 -15 - 0 0 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, "Hold Harmless Agreement," i terms, conditions, and provisions hereof shall inure to and shall bind each of the partit hereto, and each of their respective heirs, executors, administrators, successors, ar assigns. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writte above. 21. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and tt City's conflict of interest code, that the Contractor will not be required to file a conflict I interest statement as a requirement of this agreement. However, Contractor herek acknowledges that Contractor has the legal responsibility for complying with tt Political Reform Act and nothing in this agreement releases Contractor from thi responsibility. 22. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and an and all amendments insurance against claims for injuries to persons or damage t property which may arise out of or in connection with performance of the WOI hereunder by the Contractor, his agents, representatives, employees or subcontractor! Said insurance shall be obtained from an insurance carrier admitted and authorized 1 do business in the State of California. The insurance carrier is required to have , current Best's Key Rating of not less than "A-:VI and shall meet the City's policy fc insurance as stated in Resolution No. 91-403. rev. 812519 -16 - e 0 A. Coverages and Limits. Contractor shall maintain the types of coverages and minimum limi indicated herein, unless a lower amount is approved by the City Attorney or Ci Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combine single-limit per occurrence for bodily injury, personal injury and property damage. If th submitted policies contain aggregate limits, general aggregate limits shall app separately to the work under this contract or the general aggregate shall be twice th required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved fc Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi injury and property damage. 3. Workers' Compensation and Employer's Liability. Worker! Compensation limits as required by the Labor Code of the State of California an Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate t the contractor's profession with limits of not less than $1~000,000 per claim. Coverag shall be maintained for a period of five years following the date of completion of th work. 9. Additional Provisions. Contractor shall ensure that the policies of insurance required under thi: agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policie: excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the Cit before commencement of work. 3. The Contractor shall obtain occurrence coverage, excludins Professional Liability which shall be written as claims-made coverage. rev. 8/25/91 -17 - 0 0 4. This insurance shall be in force during the life of the agreement ai any extension thereof and shall not be canceled without 30 days prior written notice the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverag required herein, then the City will have the option to declare the Contractor in breach, may purchase replacement insurance or pay the premiums that are due on existil policies in order that the required coverages may be maintained. The Contractor responsible for any payments made by the City to obtain or maintain such insuran and the City may collect the same from the Contractor or deduct the amount paid frc any sums due the Contractor under this agreement. .. . .. . .. - .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .-. .. . .. . .. . .. . .-. .. . .-. .. . .. . .-. .. . .. . .. . .. . ... .. . .. . .. . .. . ... ... rev. 812519 -?8 - 0 0 23. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to recei! written notice on behalf of the City and on behalf of the Contractor in connection wi the foregoing are as follows: For City: Title Facilities Manager Name Chuck Walden Address 405 Oak Avenue Carlsbad CA 92008 For Contractor: Title &&xNr Name /fJ&&N&&M Address .&’”?$? ~L%-A+- ,,&kv&, &&ir~ & 24. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for th duration of the contract. ... ... ... ... ... ... ... ... ... ... . .. ... ... ... . .. ... . .. ... ... . .. . .. . .. . .. . .. rev. 8/25/9t -19 - 0 0 25. ENTIRE AGREEMENT contemplated herein, embody the entire agreement and understanding between t parties relating to the subject matter hereof. Neither this agreement nor any provisi, hereof may be amended, modified, waived or discharged except by an instrument writing executed by the party against which enforcement of such amendment, waiver discharge is sought. Executed by Contractor this &22 day of &f&&kY ,19B CONTRACTOR: This agreement, together with any other written document referred to (print nameltitle) ATTEST: By: (sign here) hfLLVG AMHA L.@~&EN@ANZ (print nameltitle) City Clerk KAREN R. KUNDTZ, Assistant City Cler (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign fc corporations. If only one officer signs, the corporation must attach a resolution certifiE by the secretary or assistant secretary under corporate seal empowering that officer t bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney n BY LJ"d2L ksistmt City Attorney 417 177, -20 - rev. 812519: * CALIFORNIA ALL-PURPO 9 E ACKNOWLEDGMENT a c State of crkleulk County of 4~ '?>I EGG. " On - q+h Date 1 - It444 ' before me, b"& LiLlifi.d+EbT; personally appeared +&&,a j R k&6/s- c Name(?.) ~dk4-d of Signer(s) w- OR - d proved to me on the basis of satisfactory evidence to be the persong whose name@$ is/&t%ubscribed to the within instrumel and acknowledged to me that he/s&a#S+executed th same in his/be&ecauthoriized capacity(- and that t his-signaturewon the instrument the person($ or the entity upon behalf of which the person(s) actec executed the instrument. WITN9S my hand and official seal. Name and Title of Officer (e.9.. "Jane Doe, Notary Public") "&.&&A SignaturePf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could preven fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CbW- w dF C-A/@ Document Date: S"fh ; ** iq-4 Number of Pages: a Signer(s) Other Than Named Above: dAl- Capacity(ies) Claimed by Signer(s) Signer's Name: $Individual, %L& aka - ' fl~ Corporate Officer Title(s): Partner - 0 Limited 0 General Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: Signer's Name: 0 Individual Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator Other: I I1 I Signer Is Representing: Signer Is Representing: -1 I -~ - ~ ~~". ~"~ "" ~ 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 71% - Canoga Park, CA 91309-7184 ~ "" ~ """_ ~~~" ~~"~ "~"""""_ Prod. No. 5907 Reorder: Call Toll-Free 1-1