HomeMy WebLinkAboutCC AG PKT 2008-12-08 #VAGENDA STAFF REPORT
DATE: December 8, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: SURFSIDE BEACH CLEANING AGREEMENT
SUMMARY OF REQUEST:
The City Council Adopt Resolution No. 5820 approving the Surfside Beach
Cleaning Agreement with Surfside Colony, Ltd. and approve payment for
services rendered.
BACKGROUND:
Since the mid-1990's, the City and Surfside have had an arrangement whereby
Surfside would be responsible for removing trash and liter from the public beach
and the City would pay them $1,620 per month. This arrangement was never
formalized. Staff believes it is something which should be memorialized by an
agreement to legitimize the relationship.
Key points of the proposed agreement include:
• Area to be cleaned -from Naval Weapons Station to the southerly city
limit, from the homes to the mean high tide line.
• Cleaning to be done 3-5 times per week or more often if needed
• Sanitize beach twice per year
• Generally, maintain to City standard
• Compensation is $2,000 per month adjusted for Consumer Price Index not
to exceed 3% per year
• Thirty day termination by either party
• Insure and indemnification for City
Staff has not processed any payment requests under the prior arrangement since
December 2007. Through December 2008 the amount not paid is $19,400.
Surfside would like the City Council to authorize payment for these services
rendered.
Agenda Item V
Page 2
FINANCIAL IMPACT:
Current and future funding for these services is provided in the current City
budget, Beach and Tidelands account. Additional funding is not required.
RECOMMENDATION:
The City Council Adopt Resolution No. 5820 approving the Surfside Beach
Cleaning Agreement with Surfside Colony, Ltd. (Surfside) and approve payment
for services rendered.
SUB ED
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
aa~-j,
David Carmany, City Manager
Attachments:
A. Resolution No. 5820
B. •Agreement
RESOLUTION NUMBER SSZO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING THE SURFSIDE BEACH
CLEANING AGREEMENT WITH SURFSIDE COLONY, LTD. AND
APPROVE PAYMENT FOR SERVICES RENDERED.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves that certain Agreement with
Surfside Colony, Ltd. to provide beach maintenance services.
Section 2. The City Council approves payment of $19,440 to Surfside Colony
Ltd. for services previously rendered.
Section 3. The City Council hereby authorizes the City Manager to execute the
agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 8th day of December , 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5820 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 8th day
of December , 2008
City Clerk
SURFSIDE BEACH CLEANING AGREEMENT
between
City of Seal Beach
211 - Sth Street
Seal Beach, CA 90740
Surfside Colony, Ltd
P.O. Box 235
Surfside, CA 90743
(562) 592-2352
This Professional Service Agreement ("the Agreement'') is made as of [DATE] (the "Effective
Date''}, by and between Surfside Colony, Ltd {"Surfside Colony"), a _ ],
and the City of Sea] Beach ("City"), a California charter city, {collectively, "the Parties").
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C•1Documents and Settingsluser\Local Settings\Temporary lniernet Files\OLK51 Wgreement re Surfside Beach Cleamn~ (5)
F~anl f 1 2008.DOC
RECITALS
A. City desires to contract for the cleaning of Surfside Beach.
B. Surfside Colony represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
t.0 Scope of Services
1.1. For purposes of this Agreement, ``Surfside Beach" is that portion of state tidelands
under the City's jurisdiction located below the mean high tide line and that is generally bounded
by the United States l~Taval Weapons Station to the northwest and the southerly City limits, as
depicted on Exhibit A, which is hereby incorporated by this reference.
1.2. Surfside Colony must keep Surfside Beach clean and free of trash and debris to
the same standard to which the City maintains its other beaches. Cleaning is to be provided _3-
ti times per week or morc often if needed as determined by the City.
1.3. Surfside Colony must sanitize Surfside Beach to the same standard to which the
City maintains its other beaches at least twice annually, with a beach sanitizer approved by the
City.
l .4. Surfside Colony must perform all Services under this Agreement in accordance
with the standard of care generally exercised by professionals who regularly engage in the type
of services to be provided by Surfside Colony under similar circumstances and in a manner
reasonably satisfactory to the City.
1.5. In performing this Agreement, Surfside Colony must comply with all current
applicable provisions of federal, state, and local law.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue
until terminated as provided by this Ab~reement.
3.0 Surfside Colony's Compensation.
3.1. City will pay Surfside Colony $2000 per month for services rendered pursuant to
this Agreement. This amount to be adjusted annually starting in July 2010 based on changes to
the Consumer Price Index for All Urban Consumers (CPI-Ll): for Los Angeles-Riverside-Orange
County, CA (1982-84=100) All Items. Increases in any one year will be limited to t three
percent (3%) per year
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3.2. City will not compensate Surfside Colony for any work performed not specified
in Section 1 of this Agreement unless the City authorizes such work in advance and in writing.
4.0 Method of Payment
4.1. Surfside Colony must submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices must be submitted within 15 days of the end of the
month during which the services were rendered and must describe in detail the services rendered
during the period. City will pay Surfside Colony within 30 days of receiving Surfside Colony's
invoice. City will not withhold any applicable federal or state payroll and other required taxes,
or other authorized deductions from payments made to Surfside Colony.
SA Termination
~.1. This Agreement may be terminated by either Party without cause upon giving the
other party written notice thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to Surfside
Colony if Surfside Colony fails to provide satisfactory evidence of renewal or replacement of
comprehensive general liability insurance as required by this Agreement at least 20 days before
the expiration date of the previous policy.
6.0 Parry Representatives
6.1. The City Manager is the City's representative for purposes of this Agreement.
6.2. Colony President is Surfside Colony's sole representative for purposes of this
Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement- shall be deemed made
when personally delivered or when mailed 48 hours after deposit in the li.S. Mail, first class
postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
l.os Angeles, CA 90071-3101
Attn: Quinn M. Barrow
To Surfside Colony: Surfside Colony, Ltd
P.O. Box 235
Surfside, CA 90743
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(562) 59?-332
Attn: Colony President
7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
8.0 Independent contractor
8.1. Surfside Colony and any of its subcontractors are independent contractors and
neither is an employee of the City. All sen~ices provided pursuant to this Agreement shall be
performed by Surfside Colony or under its supervision. Surfside Colony will determine the
means, methods, and details of performing the services. Any additional personnel performing
services under this Agreement on behalf of Surfside Colony shall also not be employees of City
and shall at all times be under Surfside Colony's exclusive direction azid control. Surfside
Colony shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of services under this Agreement and as required by law. Surfside Colony
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Surfside Colony shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials, From any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Surfside Colony's alleged violations
of personnel practices. City shall have the right to offset against the amount of any fees due to
Surfside Colony under this Agreement any amount due to City from Surfside Colony as a result
of Surfside Colony's failure to promptly pay to City any reimbursement or indemnification
arising under this Section 12?.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of
the City. Surfside Colony is fully responsible to City for the performance of any and all
subcontractors.
10.0 Assignment
Surfside Colony must not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported assignment
without such consent shall be void and without effect.
11.0 Insurance
11.1. Surfside Colony must not cornrnence work under this Agreement until it has
provided evidence satisfactory to the City that Surfside Colony has secured all insurance
required under this Section. Surfside Colony must furnish City with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms satisfactory
to the City. The certificates and endorsements for each insurance policy must be signed by a
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person authorized by that insurer to bind coverage on its behalf, and must be on forms provided
by the City if requested. All certificates and endorsements must be received and approved by the
City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
11.2. Surfside Colony must, at its expense, procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of this Agreement. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City. Coverage must be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 0001, code 1 (any auto). Surfside Colony must
maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury,
personal injury and property damage and if Commercial General Liability Insurance or other
foam with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this Agreemendlocation or the general aggregate limit shall be twice the required
occurrence limit; and (2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
11.3. The insurance policies must contain the following provisions, or Surfside Colony
must provide endorsements on forms supplied or approved by the City to state: (1) coverage
shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by
certified mail, return receipt requested, has been given to the City; (2) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage must be primary
insurance as respects the City, its directors; officials, officers, employees, agents and volunteers,
or if excess, must stand in an unbroken chain of coverage excess of the Surfside Colony's
scheduled underlying coverage and that any insurance or self-insurance maintained by the City,
its directors, officials, officers, employees, agents and volunteers shall be excess of the Surfside
Colony's insurance and must not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall
be covered as additional insureds with respect to the services or operations performed by or on
behalf of the Surfside Colony, including materials, parts or equipment furnished in connection
with such v<~ork; and (5) for automobile liability, that the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Surfside Colony or for which the Surfside Colony is responsible.
11.4. All insurance required by this Section must contain standard separation of
insureds provisions and must not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions must be declared to and approved by
the City. Surfside Colony guarantees that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors,
officials, officers, employees, agents, and volunteers; or (2) the Surfside Colony shall procure a
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bond guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
1:2.0 Indemnification, Hold Harmless, and Dnt3~ to Defend
Surfside Colony must indemnify, and hold the City, its officials, officers, employees,
volunteers and agents (collectively "indemnities") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
acts or omissions of Surfside Colony, its employees, or its agents in connection with the
performance of this Agreement, including without limitation the payment of all consequential
damages and attorneys fees and other related costs and expenses. With respect to any and all
such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or
instituted against Indemnitees, Surfside Colony must defend Indemnitees, at Surfside Colony's
own cost, expense, and risk, and must pay and satisfy any judgment, award, or decree that may
be rendered against Indemnitees. Surfside Colony must reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Surfside Colony's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents or volunteers. All duties
of Surfside Colony under this Section shall survive termination of this Agreement.
13.0 Laboi• Certification
By its signature hereunder, Surfside Colony certifies that it is aware of the provisions of
Section 3700 of the California Labor Code that require every employer to be insured against
liability for Worker's Compensation or to undertake self-insurance in accordance with the
provisions of that Cade, and agrees to comply with such provisions before commencing the
performance of the Services.
14.0 Entire Agreement
This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings, or agreements. This
Agreement may only be modified by a writing signed by both parties.
15.0 Severability
The invalidity in whole or u7 part of any provisions of this Agreement shall not void or
affect the validity of the other provisions of this Agreement.
16.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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17.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party as a
result of this Agreement.
18.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. I~'o waiver, benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual nights by custom,
estoppel, or otherwise.
19.0 Prohibited Tnte><-ests
Surfside Colony maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Surfside Colony, to
solicit or secure this Agreement. Further, Surfside Colony warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Surfside Colony, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City has the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or her
service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20.0 Attorneys' Fees
If either Party eornmences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party all of its attorney's fees and
other costs incurred in connection with such action.
2] .0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as
if set forth in full herein. In the event of any material discrepancy between the terms of any
exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall
control.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year fizst above written
By:
Attest:
By:
CITY OF SEAL BEACH
David Carmany, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
SURFSIDE COLONY, LTD.
Name: ~~-~ ~. ~ v.~w-s
Its: ,Pry. s "- d ~..7-
By: '~
Name: a~ ~ ~. r-~ ~~~ t~ ~ ~
Its: SC 1~~~- ~IS~wh ~~° i
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S7296-0001\1091242v4.doc
EXHIBIT A
DESCRIPTION OF SURFSIDE BEACH
The sand area an the beach between Anderson Street and the Seal Beach Naval Weapons Station
from sundecks to the mean high tide line.
S7246-0001 \1091242v4.doc