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HomeMy WebLinkAboutA70-04 Special Election Services Martin ChapmanAGREEMEN T THIS AGREEMENT is made and entered into in the City of San Luis Obispo on November 24, 2004, b y and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Marti n & Chapman Company, a California corporation, hereinafter referred to as Contractor . WITNESS ET H : WHEREAS, the City, in order to assure that a special municipal election scheduled to be held on April 26 , 2005, is conducted in a timely manner and within the legal requirements of law, wants to acquire the services an d necessary and proper election supplies . WHEREAS, Contractor is qualified and willing to perform the required services and provide the prope r election supplies, and has submitted a proposal to do so that has been accepted by City . NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter : 1 . CONTRACTOR'S OBLIGATIONS .Contractor shall render the following services i n connection with the Special Municipal Election to be held on Tuesday, April 26, 2005 : (a)To be on call by telephone ; to be available at any time to the City Clerk, prior to, during and for a reasonable time after the election, and during the same period to, upon request, appear in person and wor k in cooperation with the City Clerk upon any election task or problems which may arise . (b)To furnish additional working forms, outlines, check lists and schedules which will aid the City Clerk i n keeping track of procedural details of the election . (c)To prepare and mail the Voter Information Pamphlets . (d)To otherwise provide such other special and unique services in close cooperation with the City Clerk a s may be necessary for the successful conduct of the election . The Contractor shall furnish to the City the election services and supplies as designated in its proposal o f November 24, 2004, which is attached to this Agreement as Exhibit "A" and incorporated by reference . In the event that more or less supplies are actually furnished than is shown in this Agreement, those supplies will b e billed according to the unit price shown for each item . Estimated pamphlet prices are based on number of registere d voters and number of pages and may increase or decrease accordingly . /99o-Oy Exhibit B :Contract Performance Terms Page B-2 2.CITY'S OBLIGATIONS . The City shall pay to Contractor for the services to be performed an d materials and supplies to be furnished for the Special Municipal Election to be held on Tuesday, April 26, 2005, a n amount not to exceed $57,418 .40 including sales tax on materials furnished . Payment will be made in due course o f payments of the City, upon the completion of the delivery of the supplies and the furnishing of the required service s for the election . 3. TERM . The term of this Agreement shall commence upon its execution by the City and shal l terminate upon the completion of the services following the official canvass of the election . 4. AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City . 5.BUSINESS TAX .Contractor must have a valid City of San Luis Obispo business tax certificat e prior to execution of the contract . Additional information regarding the City's business tax program may be obtaine d by calling (805) 781-7134 . 6.LAWS TO BE OBSERVED .Contractor shall keep itself fully informed of and shall observe an d comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulation s and adopted codes during its performance of the work . 7.CONTRACTOR NON-DISCRIMINATION .In the performance of this work, Contracto r agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination i n employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion o f such persons . 8. PAYMENT TERMS .The City's payment terms are 30 days from the receipt of an origina l invoice and acceptance by the City of the services provided by Contractor (Net 30). 9.INTERESTS OF CONTRACTOR .Contractor covenants that it presently has no interest, an d shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with th e performance of the work hereunder . Contractor further covenants that, in the performance of this work, no sub - contractor or person having such an interest shall be employed . Contractor certifies that no one who has or will hav e any financial interest in performing this work is an officer or employee of the City . It is hereby expressly agree d that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contracto r and not an agent or employee of the City . Exhibit B : Contract Performance Terms Page B-3 1 . 10.HOLD HARMLESS AND INDEMNIFICATION .Contractor agrees to defend, indemnify , protect and hold the City and its agents, officers and employees harmless from and against any and all claim s asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by th e acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, an d all expenses of investigating and defending against same ; provided, however, that Contractor's duty to indemnify an d hold harmless shall not include any claims or liability arising from the established sole negligence or willfu l misconduct of the City, its agents, officers or employees . 11.CONTRACT ASSIGNMENT . Contractor shall not assign, transfer, convey or otherwise dispos e of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City . 12.INSURANCE . Contractor shall procure and maintain for the duration of the contract insuranc e against claims for injuries to persons or damages to property that may arise from or in connection with th e performance of the work hereunder by Contractor, its agents, representatives, employees or sub-contractors . a .Minimum scope of insurance .Coverage shall be at least as broad as : •Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). •Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, code 1 (an y auto). •Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance . •Errors and Omissions Liability insurance as appropriate to Contractor's profession . b . Minimum limits of insurance .Contractor shall maintain limits no less than : General Liability : $1,000,000 per occurrence for bodily injury, personal injury and property damage . I f Commercial General Liability or other form with a general aggregate limit is used, either the genera l aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit . •Automobile Liability : $1,000,000 per accident for bodily injury and property damage . •Employer's Liability : $1,000,000 per accident for bodily injury or disease . •Errors and Omissions Liability : $1,000,000 per occurrence . c .Deductibles and self-insured retentions .Any deductibles or self-insured retentions must be declared t o and approved by the City . At the option of the City, either : the insurer shall reduce or eliminate such Exhibit B :Contract Performance Terms Page B-4 deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers ; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, clai m administration and defense expenses . d . Other insurance provisions .The general liability and automobile liability policies are to contain, or b e endorsed to contain, the following provisions : •The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects : liability arising out of activities performed by or on behalf of Contractor ; products and complete d operations of Contractor ; premises owned, occupied or used by Contractor ; or automobiles owned, leased , hired or borrowed by Contractor . The coverage shall contain no special limitations on the scope o f protection afforded to the City, its officers, official, employees, agents or volunteers . •For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respect s the City, its officers, officials, employees, agents and volunteers . Any insurance or self-insuranc e maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it . Any failure to comply with reporting or other provisions of the policies including breaches of warrantie s shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers . Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought , except with respect to the limits of the insurer's liability . Each insurance policy required by this clause shall be endorsed to state that coverage shall not b e suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City . e.Acceptability of insurers .Insurance is to be placed with insurers with a current A .M . Best's rating of n o less than A :VII . f.Verification of coverage .Contractor shall furnish the City with a certificate of insurance showin g maintenance of the required insurance coverage . Original endorsements effecting general liability an d automobile liability coverage required by this clause must also be provided . The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf . All endorsements are to be received and approved by the City before work commences . Exhibit B :Contract Performance Terms Page B-5 13.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be o f any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the partie s hereto . 14.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows : Audrey Hooper, City Cler k City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Scott Marti n Martin & Chapman Co . 1951 Wright Circl e Anaheim, CA 92806-602 8 15.AUTHORITY TO EXECUTE AGREEMENT . Both City and Contractor do covenant that eac h individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r first above written . ATTEST : %l Audrey Hooper City Clerk City Contractor CITY OF S UIS OBISPO, A Municipal Corporatio n Ala ta-',A, Ken Hampi ..n City Administrative Office r APPROVED AS TO FORM : ACORD CERTIFICATE OF LIABILITY INSURANCE CSR MA DAT E MARTIN2 (MM ODNVYV 12/02/0 4 PRODUCE R PIASC Insurance Services, Inc . Lie . # 074742 0 P .O . Box 910936 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT E HOLDER . THIS CERTIFICATE DOES NOT AMEND, EXTEND O R ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . Los Angeles CA 90091-093 6 Phone : 323-728-9500 Fax :323-728-0483 INSURERS AFFORDING COVERAGE NAIC # INSURED Martin & Chapman CompanyAttn: Scott Marti n1951 Wright Circl eAnaheim CA 92806-6028 INSURER A :Atlantic/centennial Ins .Co . INSURERS :Preferred Employers Ins .Co .1090 0 INSURER C : INSURERD : INSURER E : COVERAGE S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDIN G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O R MAY PERTAIN . THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC H POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSHLTR AU U 'LNSRE TYPE OF INSURANCE POLICY NUMBER POLICYEFFECI1VEDATE (MMIDD/YY)POLICY EXPIRARO NDATE (MM/DD/YY)LIMIT S A X GENERALLIABILIT Y COMMERCIAL GENERAL LIABILITY 787-00-72-80-0002 02/18/04 02/18/05 EACH OCCURRENCE $1,000,00 0 PREMSES(Ea«curence)$1,000,00 0 CLAIMS MADE X OCCUR MED EXP(Anyone person)$ 10, 00 0 PERSONAL &ADV INJURY $1,000,00 0 GENERAL AGGREGATE $2,000,00 0 GENE AGGREGATE LIMIT APPLIES PER:n POLICY n jEC n LOC PRODUCTS-COMP/OPAGG $ 2,000,00 0 A X AUTOMOBILE LIABILIT Y ANY AUTO ALL OWNED AUTOS SCHEDULED AUTO S HIRED AUTO S NON-OWNED AUTOS 787-00-72-80-0002 02/18/04 02/18/05 COMBINED SINGLE LIMIT(Eaattident)$500,00 0 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAG E(Per accident)$ GARAGE LIABILIT Y ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY:AGG $ A _ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMSMAD E DEDUCTIBLE RETENTION $ 787-00-72-80-0002 02/18/04 02/18/05 EACH OCCURRENCE $1,000,00 0 AGGREGATE $ $ $ $ B WORKERS COMPENSATION AN D EMPLOYERS' LIABILRY ANY PROPRIETOR/PARTNER/EXECUTIV EO/MEMBER EXCLUDED ? If yes, yes, describe unde rSPECIAL PROVISIONS below 122873 —1 06/01/04 06/01/05 X ITORYLIMRS I 1%1- E.L. EACHACCIDENT $1,000,00 0 E.L. DISEASE - EA EMPLOYEE $1,000,00 0 E.L. DISEASE - POLICY LIMIT $1,000,00 0 A OTHER Errors & Omissions 787-00-72-80-0002 02/18/04 02/18/05 Special $1,000,00 0 Form $10,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISION S Certificate holder is named as Additional Insured with respects to wor k performed . CERTIFICATE HOLDER CANCELLATIO N CITYSLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTE N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL LCity of San Luis Obisp o Audrey Hooper, City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS O R 990 Palm Street REPRESENTATIVES. San Luis Obispo CA 93401-3249 AUTH ZED REPRESENTATIV E ACORD 25 (2001/08)©ACORD CORPORATION 198 8 DEC . 17 . 2004 12 :27PM MARTIN & CHAPMAN CO .NO . 3074 P .2 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . ADDITIONAL INSUREDS BY CONTRACT, AGREEMEN T OR PERMI T This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE FOR M The WHO Is AN INSURED section is amended to include as an Insured any person or organization with whom yo uagreed in a written contract, written agreement or permit to provide insurance such as is afforded under thi sCoverage Part, but only with respect to your operations, "your work" or facilities owned or used by you . This provision does not apply : 1 . Unless the written contract, agreement or permit has an effective date Ind has been issued prior to the "bodil yinjury", "property damage", °personal and advertising injury" or "personal injury " or "advertising injury "(whichever definitions are used in your policy); 2 . To any person or organization included as an insured under the Additional Insured - Broad Form Vendor sprovision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of thi sCoverage Part; 4. To any lessor of equipmen t a.After the equipment lease expires; or b.If the `bodily injury", "property damage", "personal and advertising injury" or "personal injury" or "advertisin g injury" (whichever definitions are used in your policy),arises out of the sole negligence of the lessor ; 5 . To any person or organization if the "bodily injury", "property damage", "personal and advertising Injury° o r `personal .injury" or "advertising injury" (whichever definitions are used in your policy), arises out of the renderin gof or failure to render professional services by or for you ; 6 . To any:. a.Owners or other interests from whom land has been leased; o r b.Managers or lessors of premises it The "occurrence" takes place after you cease :to be a tenant in that premises : o r The "bodily injury", "property damage"; '"personal and advertising Injury" or "personal injury" o r"advertising injury" (whichever definitions are used in your policy), arises out of structural alterations, ne wconstruction or demolition operations performed by or on behalf of the owners or other interests fro m whom land has been leased . Includes ooprrlglded malarial of Insurance Services Office. Inc O, Atlantic MutualpIn,is1ur,/a~nqce/~C~po,mpanIyI,,1f.99 3041teGGGGGGOGADa eoe e (1 ) (2 ) VCG 211 10 93 Page 1 Of 1 UA -9-442 c(,rQ.(/a//3Jo,j Please Return with Application Fee - Minimum Tax $25 /Additional Downtown Surcharge $2 5 1 Np BUSINESS NO . II III City Of Sall IUIS OBIS O DATE/AMOUNT CLASS/GROUP/CATrillBUSINESS TAX CERTIFICATE APPLICATIO N Finance Department • (805) 781-7134 • 990 Palm Street / P .O . Box 8112 • San Luis Obispo, Ca 93403-811 2 Application for: )(New Business 3 Change Business Name 0 Change of Location 0 Change of Ownership ] Change of Mailing Addres s * Confirm with Community Development that the business is consistent with city regulations prior to establishing your business location .Community Development Department .(805)781-7170 • 990 Palm Street • San Luis Obispo, CA 93401 • Lower Level City Hal l Business Name f 3$f7/L'r r 4•Business Phone 7/4'99 Doing Business As (DBA) OR In Care of "L Legal Status (Corporation, Partnership, Sole Proprietor)eetrPJV/$N amBusiness Location X45//Vj/6le~C/LiZr %Suite No.CByieg ArZfL State /~/Zip /y7G.roS Mailing Location LA_r1 ~____ Suite No.City State Zip Owner Name 62 b//i~ Social Security No . State Franchise No .//2 - //~~( 15`7~a 9/22-6 Federal ID No ./~N y5'2S//2 State Sales Tax No ./6 .6/2994'l State License No . Of applicable)Business Open Date /p71i Gross Receipts 45'4a° List names, home addresses and SOCIAL SECURITY NUMBERS of all principles in the business (use additional pages if necessary ) Type of Business: J Retail U Wholesale )rofessional Service O Contractor (State Licensed)J Manufacturin g 0 Property Rental (Residential)J Property Rental (Non-Residential ) Does your business have non-profit status? 0 Yes XNo If yes, will you be doing solicitations? J Yes J N o If yes, the solicitations will be performed by : 0 Owner U Employee U Volunteer j Hawker U Permit #(Issued by Police Dept.) Fully describe your business (Include type of goods or services offered, hours, etc .): E/Eertwr/4a wL771vi ,c.(hPyccEs16ccv°OL'&c Please check one:%Ground Floor 0 Upper Floor U Number of Employees :/5 full-time part-time Approximate floor area occupied by the business :hIt600 square feet . Area devoted to outdoor sales or storage :1 square feet . Are you sharing with another business NO If yes, with whom : Name and address of Landlord as stated on Lease /YR If this application is for change of location, name, mailing address or ownership, complete the following : Previous Name or Owner Previous Location/Mailing Applicant/Representative :I have reviewed this application and the attached material . The information is accurate to the best of my knowledge .I understand the issuance of a business tax certificate does not constitute proof of compliance with other city, county, state and federa lregulations, I • i g but o imited zo 'ng, building code or other land use regulations (SLOMC 3 .01 .102). Signed ~~~/Title ‘a?)/Date /2/54 OFFICE USE ONLY ZONING INFORMATIO N What zone is this business In? Is the business anowea in this zone?q Yes, permit not required . q Yes, with a permit. q No , Zoning Regulations Classification REQUIRED PARKIN G City parking requirements are based on the floor area of your business . Check the City's Zoning Regulations and the Parking and Drivewa y Standards to determine the number, size and type of spaces required . Told number of off-street parking spaces provided exclusively for the business:. Total number of off-street parking spaces required by the City : HOME OCCUPATION PERMIT S A Home Occupation Permit is required if the home is in a residential zone and is the base of operations for a business • serving as a mailin g address, office, shop, or related use - even if work is performed In other locations . The property owner or manager must sign the permi t application, consenting to the home occupation . Is this a home occupation?q No q Yes If Yes, has a home occupation permit been applied for?q No q Yes Date Applie d SIGN PERMITS A sign permit may be required . (Signs for home occupations are not allowed). Refer to City's Sign Regulations . Is a Sign permit Required?q No q Ye s It Yes, has a sign permit been granted?q No q Yes Application Numbe r Received By Date DateApproved B y Notes to file MARTIN &CHAPMAN CO .Check Number : 38700 3870 0 CITY OF SAN LUIS OBISPO Check Date : Dec 3, 200 4 Check Amount : $25 .0 0 Item to be Paid - Description Discount Taken Amount Paid 25 .00