HomeMy WebLinkAboutContract 1839 a__( 347
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
SIGNATURE CLEANUP
This Agreement for Services("Agreement") is entered into as of August 28, 2019("Effective
Date") by and between the City of Cathedral City, a municipal corporation ("City") and Signature
Cleanup ("Service Provider"). City and Service Provider are sometimes hereinafter individually
referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by request for qualifications the performance of the services defined
and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter
into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that the
terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained here and other consideration, the value and adequacy of which are hereby
acknowledged, the Parties agree as follows:
TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the
Term of this Agreement is for 2 years commencing on the Effective Date.
SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Scope of Services. Service Provider agrees to perform the services set forth in Exhibit"A"
"Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this
reference.
Schedule of Performance. The Services shall be completed pursuant to the schedule
specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the
Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole
discretion, may choose not to enforce the Default provisions of this Agreement and may instead
allow Service Provider to continue performing the Services.
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ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its
performance of this Agreement that are in addition to or outside of the Services unless such
additional services are authorized in advance and in writing in accordance with Section 25
"Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when
such additional work is authorized, such additional work shall be deemed to be part of the Services.
COMPENSATION AND METHOD OF PAYMENT.
Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the
amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this
reference.
Each month Service Provider shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month. The invoice shall detail charges by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
Service Provider contracts. Sub-Service Provider charges shall be detailed by the following
categories: labor, travel, materials, equipment and supplies. If the compensation set forth in
subsection (a) and Exhibit"B" include payment of labor on an hourly basis(as opposed to labor and
materials being paid as a lump sum), the labor category in each invoice shall include detailed
descriptions of task performed and the amount of time incurred for or allocated to that task. City
shall independently review each invoice submitted by the Service Provider to determine whether the
work performed, and expenses incurred are in compliance with the provisions of this Agreement. In
the event that no charges or expenses are disputed, the invoice shall be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Service Provider for correction and
resubmission.
Except as to any charges for work performed or expenses incurred by Service Provider
which are disputed by City, City will use its best efforts to cause Service Provider to be paid within
forty-five (45) days of receipt of Service Provider's correct and undisputed invoice.
Payment to Service Provider for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Service Provider.
INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Service Provider's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Service Provider's work by City
shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
Section 15 "Indemnification" and Section 16 "Insurance."
OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents prepared, developed or discovered by Service
Provider in the course of providing the Services pursuant to this Agreement shall become the sole
property of City and may be used, reused or otherwise disposed of by City without the permission of
the Service Provider. Upon completion, expiration or termination of this Agreement, Service
Provider shall turn over to City all such original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps,
models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files,files
or other documents prepared, developed or discovered by Service Provider in the course of
providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in
Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to
such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents.
SERVICE PROVIDER'S BOOKS AND RECORDS.
Service Provider shall maintain any and all documents and records demonstrating or relating
to Service Provider's performance of the Services. Service Provider shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records
evidencing or relating to work, services, expenditures and disbursements charged to City pursuant
to this Agreement. Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed so as to
permit an accurate evaluation of the services provided by Service Provider pursuant to this
Agreement. Any and all such documents or records shall be maintained for three(3)years from the
date of execution of this Agreement and to the extent required by laws relating to audits of public
agencies and their expenditures.
Any and all records or documents required to be maintained pursuant to this section shall be
made available for inspection, audit and copying, at any time during regular business hours, upon
request by City or its designated representative. Copies of such documents or records shall be
provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise,
unless an alternative is mutually agreed upon, such documents and records shall be made
available at Service Provider's address indicated for receipt of notices in this Agreement.
Where City has reason to believe that any of the documents or records required to be
maintained pursuant to this section may be lost or discarded due to dissolution or termination of
Service Provider's business, City may, by written request, require that custody of such documents
or records be given to the City. Access to such documents and records shall be granted to City, as
well as to its successors-in-interest and authorized representatives.
INDEPENDENT CONTRACTOR.
Service Provider is and shall at all times remain a wholly independent contractor and not an
officer, employee or agent of City. Service Provider shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,whether
by contract or otherwise, unless such authority is expressly conferred under this Agreement or is
otherwise expressly conferred in writing by City.
The personnel performing the Services under this Agreement on behalf of Service Provider
shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any
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elected or appointed boards, officers, officials, employees or agents of City. shall have control over
the conduct of Service Provider or any of Service Provider's officers, employees, or agents except
as set forth in this Agreement. Service Provider shall not at any time or in any manner represent
that Service Provider or any of Service Provider's officers, employees, or agents are in any manner
officials, officers, employees or agents of City.
Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Service Provider expressly waives any claim Service Provider may have to any
such rights.
STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
Service Provider represents and warrants that it has the qualifications, experience and
facilities necessary to properly perform the Services required under this Agreement in a thorough,
competent and professional manner. Service Provider shall at all times faithfully, competently and
to the best of its ability, experience and talent, perform all Services. In meeting its obligations under
this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing services similar to the Services required of
Service Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria may be set
forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider's work under
this Agreement. Where there is a conflict between a general and a specific standard of
performance or performance criteria, the specific standard or criteria shall prevail over the general.
Service Provider warrants that(1) it has thoroughly investigated and considered the work to
be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3)
it has carefully considered how the work should be performed, and (4) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state
and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Service Provider shall obtain any and all licenses, permits and authorizations
necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or
appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity,
as a result of any failure of Service Provider to comply with this section.
PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do
not apply to this Agreement because the Agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated
thereunder: Construction, alteration, demolition, installation, or repair work performed on public
buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of
public funds. In this context, "construction" includes work performed during the design and
preconstruction phases of construction including, but not limited to, inspection and land surveying
work.
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NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, in the employment of persons to perform
the Services in violation of any federal or state law prohibiting discrimination in employment,
including based on the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, of any person, except as provided under California
Government Code section 12940.
CONFLICTS OF INTEREST.
Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of
City or which would in any way hinder Service Provider's performance of the Services. Service
Provider further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express
I written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of
interest or the appearance of any conflicts of interest with the interests of City in the performance of
this Agreement.
City may determine that Service Provider must disclose its financial interests by completing
and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such
a determination is made, Service Provider shall file the subject Form 700 with the City Clerk's Office
pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of
the request.
City understands and acknowledges that Service Provider is, as of the date of execution of
this Agreement, independently involved in the performance of non-related services for other
governmental agencies and private parties. Service Provider is unaware of any stated position of
City relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
City understands and acknowledges that Service Provider will perform non-related services
for other governmental agencies and private Parties following the completion of the Services under
this Agreement. Any such future service shall not be considered a conflict of interest for purposes
of this section.
CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
All information gained, or work product produced by Service Provider in performance of this
Agreement shall be considered confidential, unless such information is in the public domain or
already known to Service Provider. Service Provider shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization
from the City Manager, except as may be required by law.
Service Provider, its officers, employees, agents or subcontractors, shall not, without prior
written authorization from the City Manager or unless requested by the City Attorney of City,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Service
Provider gives City notice of such court order or subpoena.
If Service Provider, or any officer, employee, agent or subcontractor of Service Provider,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Service Provider for any damages, costs and fees,
including attorney's fees, caused by or incurred as a result of Service Provider's conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees,
agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder.
City retains the right, but has no obligation, to represent Service Provider or be present at any
deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Service Provider. However, this right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional
standard of care for Service Provider's services, to the fullest extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind,whether actual, alleged or threatened, including
attorney's fees and costs, court costs, interest, defense costs, and expert witness fees)arise out of,
are a consequence of, or are in any way attributable to, in whole or in part, any negligent or
wrongful act, error or omission of Service Provider, or by any individual or entity for which Service
Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of
Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance
of professional services and to the full extent permitted by law, Service Provider shall indemnify,
protect, defend and hold harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,whether
actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense
costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or
by any individual or entity for which Service Provider is legally liable, including but not limited to
officers, agents, employees or subcontractors of Service Provider.
(c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this section from each
and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of
Service Provider in the performance of this Agreement naming the Indemnified Parties as additional
indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as
required herein, Service Provider agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
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obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to the
contrary, design professionals are required to defend and indemnify the City only to the extent
permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the design professional. The term "design professional," as defined in Section
2782.8, is limited to licensed architects, licensed landscape architects, registered professional
engineers, professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions Code.
(e) City's Negligence. The provisions of this section do not apply to claims occurring as
a result of City's sole negligence. The provisions of this section shall not release City from liability
arising from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Service Provider agrees to provide City with copies of required policies upon request.
ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and entities who
will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In
recognition of that interest, Service Provider shall not assign or transfer this Agreement or any
portion of this Agreement or the performance of any of Service Provider's duties or obligations
under this Agreement without the prior written consent of the City. Any attempted assignment shall
be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to
any and all remedies at law or in equity, including termination of this Agreement pursuant to Section
19 "Termination of Agreement." City acknowledges, however, that Service Provider, in the
performance of its duties pursuant to this Agreement, may utilize subcontractors.
CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of
Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service
Provider shall notify City of any changes in Service Provider's staff and subcontractors, if any,
assigned to perform the Services prior to and during any such performance.
TERMINATION OF AGREEMENT.
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City may terminate this Agreement, with or without cause, at any time by giving thirty (30)
days written notice of termination to Service Provider. In the event such notice is given, Service
Provider shall cease immediately all work in progress.
Service Provider may terminate this Agreement for cause at any time upon thirty (30) days
written notice of termination to City.
If either Service Provider or City fail to perform any material obligation under this Agreement,
then, in addition to any other remedies, either Service Provider, or City may terminate this
Agreement immediately upon written notice.
Upon termination of this Agreement by either Service Provider or City, all property belonging
exclusively to City which is in Service Provider's possession shall be returned to City. Service
Provider shall furnish to City a final invoice for work performed and expenses incurred by Service
Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this
Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in
Section 4 "Compensation and Method of Payment" of this Agreement.
DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City
shall not have any obligation or duty to continue compensating Service Provider for any work
performed after the date of default. Instead, the City may give notice to Service Provider of the
default and the reasons for the default. The notice shall include the timeframe in which Service
Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be
extended, though not reduced, if circumstances warrant. During the period of time that Service
Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed
with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay
some or all of the outstanding invoices during the period of default. If Service Provider does not
cure the default, the City may take necessary steps to terminate this Agreement under Section 19
"Termination of Agreement." Any failure on the part of the City to give notice of the Service
Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights
arising out of any provision of this Agreement.
EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of Service
Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of
federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes,
embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably
adjusted for any delays due to such causes.
COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City
as public records, and which are necessary for carrying out the Services shall be furnished to
Service Provider in every reasonable way to facilitate, without undue delay, the Services to be
performed under this Agreement.
NOTICES.
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All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: Signature Cleanup
Attn: Brett Fiore
31855 Date Palm Drive Ste 3-251
Cathedral City, CA 92234
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile
or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal
Service.
AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider represents
and warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Service Provider to the performance of its obligations hereunder.
ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her
designated representative. The City Manager shall have the authority to issue interpretations and
to make amendments to this Agreement, including amendments that commit additional funds,
consistent with Section 27 "Amendment" and the City Manager's contracting authority under the
Cathedral City Municipal Code.
BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the Parties.
AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Service Provider and by the City. The City Manager shall have the authority to
approve any amendment to this Agreement if the total compensation under this Agreement, as
amended, would not exceed the City Manager's contracting authority under the Cathedral City
Municipal Code. All other amendments shall be approved by the City Council. The Parties agree
that the requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
WAIVER.
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Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any
breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a
waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by
City of any work or services by Service Provider shall not constitute a waiver of any of the
provisions of this Agreement.
LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the Parties, venue in state trial courts shall lie
exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court,
venue shall lie exclusively in the Central District of California, in Riverside.
ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of
this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an
award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it
may be entitled.
ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits"A"through "C", is the entire, complete,final
and exclusive expression of the Parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered into
between Service Provider and City prior to the execution of this Agreement. No statements,
representations or other agreements, whether oral or written, made by any Party which are not
embodied herein shall be valid and binding.
SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall not be affected thereby, and the Agreement shall be read and construed without
the invalid, void or unenforceable provision(s).
CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of
any Exhibit hereto, or with the terms of any document incorporated by reference into this
Agreement, the terms of this Agreement shall control.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and
year first-above written.
CITY OF CATHEDRAL CITY Signature Cleanup
p)1
arles P. McClendon By: fro
City Manager Its: rbc,),� 1���� �
ATTEST:
By:
Its:
Ct0A2 nix] ci(SI
Tracey R. Martinez CMC
City Clerk
APPROVED AS TO F• -M
Eric S. Vail
City Attorney
NOTE:SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED
BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY.
11
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
COUNTY OF RIVERSIDE•
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On Sc. �� �C r C) , 2019, before me, 1 \. 11.� V ' �Y4 ` L
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personally aappeared ��'p�k \L 1�'
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
persons}whose name(s)is/are-subscribed to the within instrument
and acknowledged to me that he/shetttmy executed the same in
his/her/their authorized capacity(ies), and that by his/hcNthcir
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.
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WITNESS my hand nd official seal.
"U4k. M. HTA
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OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's
Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Exhibit A
Scope of Services
I. SIGNATURE CLEANUP will perform the following Services:
Provide qualified and experienced labor and equipment for Illegal Dumping and
Homeless Encampment Clean Up&Support Services which will include:
removing large items,biohazardous material and other illegally dumped and
encampment waste material from sites, determined by the City,with the
objective of leaving the site clean and safe. Support Services to be provided as
requested and indicated by the City.
Services will include:
1. Coordinating with the City on a site-by-site basis to determine the work
order for each encampment or illegal dumping cleanup.
2. Post and document City provided "notice to vacate" signs at the work
site.
3. Supply all labor,materials,tools,protective clothing/gear and equipment
that is needed to perform the work.
4. Provide bags and tags to identify "personal property."
5. Provide supervision of crews to ensure all necessary safety procedures are
followed.
6. Collecting debris, dismantling temporary structures,handling,
removing,transporting,and disposing of all solid and human waste in
accordance with all applicable laws,leaving a clean site.
7. Follow best practices to safely manage any hazardous materials found on
the job.
8. Trim shrubs and vegetation,as required by the City.
9. Photograph the illegal dumping or encampment site before and after
cleaning and provide an electronic copy to the City.
to. Notify the City in the event an adjacent homeless encampment is
discovered.
Ii. Contact the Cathedral City Police Department if a weapon is found.
12. Perform work in a timely and efficient manner.
City of Cathedral City
Proposal for Illegal Dumping and Homeless Encampment Cleanup Services
Page 5 of 8
II. As part of the Services,SIGNATURE CLEANUP will prepare and deliver the
following tangible work products to the City:
• Appropriate equipment,tools, and vehicles to perform cleanup
• OSHA approved protective gear for all laborers
• Primary Contact: Daniel Vergara,SIGNATURE CLEANUP Supervisor
III. SIGNATURE CLEANUP will provide cleanup status updates to the City via direct
Contact and delivery of reports upon completion
• The Primary Contact,Daniel Vergara,will communicate directly with the
Police and Public Works Departments
• Contact information including email and cell phone number will be
provided to the City.
• Status reports will be submitted to the city along with photos at the
conclusion of each work day.
IV. The performance of services and subsequent reports will follow the schedule
below:
• Signature Cleanup can mobilize a cleanup crew and equipment to a
project site within 48 hours of notification from the city.
• The primary contact will submit Project Status Reports via email at the
conclusion of each work day.
V. SIGNATURE CLEANUP will utilize the following personnel to accomplish the
Services:
• Primary Contact:Daniel Vergara
• Secondary Contact: Brett Fiore
• Experienced laborers:on average 3-4 per cleanup site
The number of laborers will depend on the size and difficulty of the cleanup project.
VI. SIGNATURE CLEANUP will not be utilizing subcontractors.
• Signature Cleanup will not use subcontractors to complete the services
outlined in this proposal. Every member of our team is qualified and
trained to handle all aspects related to the removal and disposal of illegal
dumping and homeless encampments.
City of Cathedral City
Proposal for Illegal Dumping and Homeless Encampment Cleanup Services
Page 6 of 8
}
Exhibit 13
Compensation
I. SIGNATURE CLEANUP shall use the following rates of pay in the performance of
the Services:
Pre-Cleanup and Post Cleanup Duties:
• Coordinate and Report Updates to the City
• Post Signs
• Transport personal items to storage
• Submit Status Reports along with before/after photos to the City
No Charge
Illegal Dumping and Homeless Encampment Cleanup Duties&Support Services:
• Dismantle structures
• Load trash and debris into dump trailer
• Landscape maintenance
• Transport waste to approved disposal facility(no additional charge for
fuel)
• Collect and dispose of small quantities of household hazardous waste(no
additional charge for disposal)
• Prep for transport biohazardous waste exceeding 4o gallons
• Maintain backup documentation:photos, disposal receipts
Prevailing Wage: $55.73 per hour/labor/tools
Edom Hill Transfer Station Disposal Fees:
• Riverside County Approved Rate:July 1,2019
• No markup if City agrees to reimburse Signature Cleanup within 3o days of
submitted payment request,otherwise 2o%markup would apply
• Disposal Receipts submitted with Payment Request
Solid Waste Disposal Fee: $48.97 per ton
City of Cathedral City
Proposal for Illegal Dumping and Homeless Encampment Cleanup Services
Page 7 of 8
Hazardous Waste Disposal Fee:
• Any biohazardous waste exceeding 40 gallons will be secured and contained
on-site. Prevailing wage$55.73 per hour/labor applies.
• Meet with the Public Works Department immediately to determine the most
cost efficient process for disposal.
• Transport materials to disposal facility. Prevailing wage$55.73 per
hour/labor.
• Provide OSHA required protective gear for laborers.
• No markup if City agrees to reimburse Signature Cleanup within 30 days of
submitted payment request,otherwise 20%markup would apply.
• Disposal Receipts submitted with Payment Request.
Hazardous Waste Disposal Fee:TBD
Fees vary depending on type and weight of waste and determined at permitted
hazardous waste disposal facility.
Vehicle and Equipment Fees:
Signature Cleanup owns and operates the following equipment and vehicles:
• Chevy Silverado - 3500HD/ 1 ton 4-wheel drive Pickup
• Chevy Silverado - 2500 HD/ 3/4 ton 4-wheel drive Pickup
• Chevy Express 2500 HD Cargo VAN
• BIG-TEX 12' Heavy Duty dump trailer- dual axle
• Smaller 8' utility trailer- single axle
• AZTEC - 12' single axle - ramp gate
The Aztec trailer is specifically to navigate through the desert and soft-sand terrain
Vehicle Equipment Fee: $100 per day/per unit/includes fuel
City of Cathedral City
Proposal for Illegal Dumping and Homeless Encampment Cleanup Services
Page 8 of 8
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance,
acceptable to the City, in full force and effect throughout the term of this Agreement, against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the Services by Service Provider, its agents, representatives or employees. Service
Provider shall procure and maintain the following scope and limits of insurance:
Only the following "marked" requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to
protect Service Provider and City against liability or claims of liability which may arise out of this
Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an
annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as
Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG
0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for
either insured vs. additional insured claims or contractual liability. All defense costs shall be outside
the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than
$1,000,000 for injuries, including accidental death, to any one person, and subject to the same
minimum for each person, in an amount not less than one million dollars ($1,000,000) for each
accident, and property damage insurance in an amount of not less than one million dollars
($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than
$2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be
at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability,
including code 1 "any auto"and endorsement CA 0025, or equivalent forms subject to the approval
of the City.
X Workers' Compensation Insurance: Workers' Compensation insurance that includes a
minimum of one million dollars($1,000,000) of employers' liability coverage. Service Provider shall
provide an endorsement that the insurer waives the right of subrogation against the City and its
respective elected officials, officers, employees, agents and representatives. In the event a claim
under the provisions of the California Workers' Compensation Act is filed against City by a bona fide
employee of Service Provider participating under this Agreement, Service Provider is to defend and
indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the
Service Provider's profession in an amount not less than one million dollars $1,000,000 per
occurrence. This coverage may be written on a"claims made" basis, and must include coverage for
contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon, arising out of or related to Services performed
under this Agreement. The insurance must be maintained for at least three (3) consecutive years
following the completion of Service Provider's services or the termination of this Agreement. During
this additional three (3) year period, Service Provider shall annually and upon request of the City
submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
C-1
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed
and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to
this Agreement, reduced in coverage or in limits except after 30 days'prior written notice by certified
mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials, and
employees and volunteers are to be covered as additional insureds as respects: liability arising out
of activities Service Provider performs; products and completed operations of Service Provider;
premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or
borrowed by Service Provider. The coverage shall contain no special limitations on the scope of
protection afforded to City, and their respective elected and appointed officers, officials, or
employees.
b. Service Provider's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with, Service Provider's insurance.
c. Service Provider'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.
d. Any failure to comply with the reporting or other provisions of the
insurance policies, including breaches of warranties, shall not affect coverage provided to City, and
its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise
agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its
respective elected and appointed officers, officials, employees and agents for losses arising from
work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the
effective date of this Agreement, certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied with. The City may require that Service
Provider furnish City with copies of original endorsements effecting coverage required by this
Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies
of all required insurance policies, at any time.
C-2
1. Service Provider shall furnish certificates and endorsements from each
subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved
by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects City or its respective elected or appointed officers, officials,
employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of
losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be
construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
C-3