C19-17.1FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR
THIS FIRST AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT
CONTRACTOR ("Amendment") is made and effective as of the 17th day of March, 2020 by and
between the CITY OF BEAUMONT ("CITY"), a general law city, and The Mobile Turtle RV &
Auto Detailing, a California Corporation ("CONTRACTOR") in consideration of the mutual
promises and purpose contained herein, the parties agree as follow:
RECITALS
This First Amendment is made with respect to the following facts and purpose that the
parties agree are true and correct:
A. On March 19, 2019 the CITY and CONTRACTOR entered into that certain
agreement entitled "Agreement of Services by Independent Contractor" ("Agreement").
C. Term of Agreement states "...this agreement shall automatically terminate after one
(1) year unless extended by the parties with the approval of the City Council of the CITY."
AMENDMENT
Section 1 of the Agreement is hereby amended to extend the `Agreement of Services by
Independent Contractor' Agreement for a three-year term, with a one-year extension at the
option of City with Council approval, effective March 17, 2020 as allowed in Beaumont
Municipal Code 3.01.040.
The recitals to this Amendment are deemed incorporated herein by this reference. All
other terms of the Agreement not expressly amended by this Amendment shall remain in full
force and effect. In the event of a conflict between the Agreement and this Amendment, this
Amendment shall control.
[Signatures on following page]
SIGNATURE PAGE TO
CITY:
CITY OF BEAUMONT
By:
ATTEST:
Santos, Mayor
CITY OF BEAUMONT
FIRST AMENDMENT
APPROVED AS TO FORM:
By:
JET' Pinkn r, City Attorney
CONTRACTOR:
THE MOBILE TURTLE, A CALIFORNIA
CORPORATION
Print Name: H °'r lt'4 CCI,A�J
Title: (-)Wi ci2./ —
STATE
4OM PFN_A-ION
rd S t_ P P. N C E
FUND
ISSUE DATE: 03-10-2020
CITY OF BEAUMONT
550 E SIXTH ST
BEAUMONT CA 92223-2253
P.O. BOX 8192,
CERTIFICATE OF
POLICYHOLDER COPY
PLEASANTON, CA 94588
WORKERS' COMPENSATION INSURANCE
NA
GROUP:
POLICY NUMBER: 9272199-2020
CERTIFICATE ID: 3
CERTIFICATE EXPIRES: 03-06-2021
03-06-2020/03-06-2021
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form apprdved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
,11��CNZ[i�
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1651 - HECTOR ALVARADO P - EXCLUDED.
ENDORSEMENT #1651 - ELIZABETH ALVARADO • AVP ,S,T - EXCLUDED.
EMPLOYER
MOBILE TURTLE FLEET & AUTO DETAILNG (A CORP)
1364 BARBETTY WAY
BEAUMONT CA 92223
(REV.7-2014)
[P19,HO]
PRINTED : 03-10-2020
AC 'Re CERTIFICATE OF LIABILITY
�`
INSURANCE J DATE (MMIDWYYYY)
: 03/11/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER No Hassle Insurance Agency
1400 E. Cooley Dr. Ste. 202-A
Colton, CA 92324
License #: 0E74924
CONCT
EE MIGUEL ROJAS
PHONE Fax
No. - EY,): (888)440.4094 [A1C. No): (909)783-7900
,
LIMITS
,RELea; mrojassnohassleins.net
INSURER(S) AFFORDING COVERAGE
NAIC S
INSURER A: United States Liability Insurance
INSURER s: Infinity Commercial Auto
20260
INSURED
Mobile Turtle Fleet & Auto Detailing
1364 Barbetty Way
Beaumont, CA 92223
INSURER C:
02/21/2021
INSURERD:
$ 1,000,000
INSURER E:
CWWIS-MADE X OCCUR
INSURER F :
3 SO000
COVERAGES CERTIFICATE NUMBER: 00004966-0 REVISION NUMBER: 13
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
TYPE OF INSURANCE
MIM
---
tamp
POLICY NUMBER
POLICY EFF
IIMINCO/YYYYI
POLICY EXP
IMMAXINYYYL
,
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
MHB01F1347
02/21/2020
02/21/2021
EACH OCCURRENCE
$ 1,000,000
CWWIS-MADE X OCCUR
DAMAGE TO RENTED
PREMISES IE. ooanencel
3 SO000
MED EXP (Any one person)
3 5
PERSONAL &ADV INJURY
$ 1,000,000
GEN'L
_X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
JECT
PER:
LOC
GENERAL AGGREGATE
$ 23000,000
PRODUCTS - COMP/OP AGG
5 2,000,000
$
B
AUTOMOBLEUABILITY
_.__
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
"-'
X
__
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
504-61011-7130-001
03/11/2020
03/11/2021
RZN�EnDISINGLELIMn
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY {Peracciden y
$
PROPERTY DAMAGE
1Per accident
$
3
UMBRELLA LIAR
EXCESS LIAB
,
OCCUR
CLAIMS -MADE
EACH OCCURRENCE 5
AGGREGATE 5
DED 1 1 RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y 1t/
ANY PROPRIETOR/PARTNER/EXECUTIVE O
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER OTH-
STATUTE ER
EL EACH ACCIDENT 5
E.L. DISEASE- EA EMPLOYEE $
E DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 151, Additional Remarks Schedule, may be atlaohed if more space is required)
CERTIFICATE HOLDER
City of Beaumont
550 E. 6th Street,
Beaumont, CA 92223
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTMIVE
{MR1)
CI 1 -2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Printed by MRI on March 11, 2020 at 01:25PM
Attachment A
Agreement of Services by Independent Contractor
THIS AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR is made and
effective as of the 19th day of March, 2019, by and between the CITY OF BEAUMONT ("CITY")
whose address is 550 E. 6th Street, Beaumont, California 92223 and Hector Alvarado, doing
business as The Mobile Turtle RV & Auto Detailine, whose address is 1364 Barbetty Wak
Beaumont CA 92223 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Interior. Exterior and Detailing
Bus Washing Service; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such
professional services, which Proposal is attached hereto as Exhibit "A"; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance
with, the terms and conditions of this Agreement, and represents and warrants to CITY that
CONTRACTOR possesses the necessary shills, licenses, certifications, qualifications, personnel
and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants
contained herein, CITY and CONTRACTOR agree as follows:
1. Term of A}r eement. This Agreement is effective as of the date first above written
and shall continue until terminated as provided for herein. Notwithstanding anything in this
Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless
extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services
("Services") as follows: Interior. Exterior and Detailint Bus Washing, Service as provided in the
Proposal attached hereto as Exhibit"A". All Services shall be performed in the manner and
according to the timeframe set forth in the Proposal. CONTRACTOR designates Hector Alvarado
as CONTRACTOR'S professional responsible for overseeing the Services provided by
CONTRACTOR. Notwithstanding anything to the contrary herein, any provisions in the Proposal
that are in addition to or inconsistent with the terms of this Agreement shall be deemed invalid and
shall have no force or effect.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole
cost and expense, employ such competent and qualified independent associates, subcontractors
and consultants as CONTRACTOR deems necessary to perform the Services; provided, however,
that CONTRACTOR shall not subcontract any of the Services without the written consent of
CITY.
4. Compensation
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall
not increase any rate without the prior written consent of the CITY. Notwithstanding
anything in this Agreement to the contrary, total fees and charges paid by CITY to
CONTRACTOR under this Agreement shall not exceed $65,000.00.
4.02 CONTRACTOR shall not be compensated for any Services rendered nor
reimbursed for any expenses incurred in excess of those authorized unless approved in
advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (151) of
each month, itemized invoices for the Services rendered in the previous month. The CITY
shall not be obligated to pay any invoice that is submitted more than sixty (60) days after
the due date of such invoice. CITY shall have the right to review and audit all invoices
prior to or after payment to CONTRACTOR. This review and audit may include, but not
be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this
Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the
approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and
reasonable charge for the particular item. If CITY determines an item charged is
greater than usual, customary, or reasonable, or is duplicative, ambiguous,
excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR
with a request for explanation or adjust the payment accordingly and give notice to
CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within
thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall
pay the undisputed portion within the time stated above, and at the same time advice
CONTRACTOR in writing of the disputed portion.
5. Obli ations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the
terms and conditions of this Agreement and the Proposal. In the event that the terms of the
Proposal shall conflict with the terms of this Agreement or contain additional terms other
than the Services to be rendered and the price for the Services, the terms of this Agreement
shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all
personnel, materials and equipment required to perform the Services. CONTRACTOR
shall provide its own offices, telephones, vehicles and computers and set its own work
hours. CONTRACTOR will determine the method, details, and means of performing the
Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the
Services by means of regular and frequent consultations. Additionally, when requested by
CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other
taxes, fees and withholding, including withholding state and federal taxes, social security,
unemployment and worker's compensation, incurred as a result of the compensation paid
under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless
CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY
resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings,
specifications and/or estimates, the same shall be furnished in conformance with local, state
and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary
or applicable to the performance of Services under this Agreement and the Proposal and
shall obtain and keep in full force and affect all permits and approvals required to perform
the Services herein. In the event CITY is required to obtain an approval or permit from
another governmental entity, CONTRACTOR shall provide all necessary supporting
documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment
Eligibility Verification information from CONTRACTOR's employees, in compliance
with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a),
and shall ensure that CONTRACTOR's employees are eligible to work in the United
States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise
utilizes any CalPers retirees in completing any of the Services performed hereunder, such
instances shall be disclosed in advance to the CITY and shall be subject to the C1TY's
advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the
CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of
California that the CONTRACTOR will comply with the requirements of the Drug -Free
Workplace Act of 1990 (Govemrnent Code, Section 8350 et seq.) and will provide a drug-
free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal
laws, rules, regulations, entitlements and/or permits applicable to, or governing the
Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health
and safety of its employees and agents in performing the Services under this Agreement and shall
comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and
agrees to maintain insurance in conformance with the requirements set forth below. If existing
coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend,
supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following
types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than
$1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to
have its insurer endorse the general liability coverage required herein to include as
additional insured's CITY, its officials, employees and agents. CONTRACTOR also
agrees to require all contractors and subcontractors to provide the same coverage required
under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in
performance of the Services hereunder, CONTRACTOR shall provide evidence of
personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees
that will be providing any Services hereunder. CONTRACTOR will have a state -approved
policy form providing statutory benefits as required by California law. The provisions of
any workers' compensation will not limit the obligations of CONTRACTOR under this
Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses
under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required — /Not
Required X; Errors and omissions insurance in a minimum amount of $2 million per
occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its
employees and/or agents in the performance of any Services for CITY.
7. General Conditions ertainin to Insurance Coy era e
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR
from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of
subrogation against CITY regardless of the applicability of insurance proceeds and shall
require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall
furnish CITY with certificates of insurance, endorsements, and upon request, complete
copies of all policies, including complete copies of all endorsements. All copies ofpolicies
and endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum
A.M. Best rating of "A:V1I"). The insurer(s) shall be admitted and licensed to do business
in California. The certificates of insurance hereunder shall state that coverage shall not be
suspended, voided, canceled by either party, or reduced in coverage or in limits, except
after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be
provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-
contributing
oncontributing basis in relation to any other insurance, indemnity or self-insurance available
to CITY.
7.05 All coverage types and limits required are subject to approval, modification
and additional requirements by CITY, as the need arises. CONTRACTOR shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect C1TY's protection without CITY's prior written
consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim
or loss against CONTRACTOR or arising out of the Services performed under this
Agreement. CITY assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they are likely to
involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and
officials should, to the extent permitted by law, be fully protected from any loss, injury,
damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court
costs or any other costs arising out of or in any way related to the performance of this
Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the
provisions of this indemnity are intended by the parties to be interpreted and construed to
provide the fullest protection possible under the law to CITY. CONTRACTOR
acknowledges that CITY would not enter into this Agreement in the absence of the
commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend,
indemnify and hold harmless CITY, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses, damages or costs of any kind, whether
actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs,
interest, defense costs, including expert witness fees and any other costs or
expenses of any kind whatsoever without restriction or limitation incurred in
relation to, as a consequence of or arising out of or in any way attributable actually,
allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include
any and all claims, suits and proceedings in which CONTRACTOR (and/or
CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are
incurred by CITY.
b. Without affecting the rights of CITY under any provision of this
Agreement or this Section, CONTRACTOR shall not be required to indemnify and
hold harmless CITY as set forth above for liability attributable solely to the fault of
CITY, provided such fault is determined by agreement between the parties or the
findings of a court of competent jurisdiction.
9. Additional Services. Chan_ es and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than
those described herein without the prior written approval of the City Manager and/or City
Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials
not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance
Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition,
event or accumulation of events which may affect the scope and/or cost of Services. All
proposed changes, modifications, deletions and/or requests for additional services shall be
reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of A eement
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole
option, may terminate this Agreement with or without cause, or for no cause, at any time
by giving twenty (20) days' written notice to CONTRACTOR
10.02 In the event of temiination, the payment of monies due CONTRACTOR for
undisputed Services performed prior to the effective date of such termination shall be paid
within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to
CITY all original documents, reports, studies, plans, specifications and the like which are
in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way
as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and
not as an employee of CITY. However, CONTRACTOR shall regularly confer with
CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits
afforded to CITY's employees, including disability or unemployment insurance, workers'
compensation, retirement, CalPers, medical insurance, sick leave, or any other employment
benefit. CONTRACTOR is responsible for providing, at its own expense, disability,
unemployment, workers' compensation and other insurance, training, permits, and licenses
for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that
it possesses the qualifications and skills necessary to perform the Services under this
Agreement in a competent, professional manner, without the advice or direction of CITY
and that the Services to be rendered pursuant to this Agreement shall be performed in
ecordance with the standards customarily applicable to an experienced and competent
professional rendering the same or similar services in the same geographic area where the
CITY is located, Further, CONTRACTOR represents and warrants that the individual
signing this Agreement on behalf of CONTRACTOR has the full authority to bind
CONTRACTOR to this Agreement.
12. Ownership of Documents: Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs,
specifications, data, notes, manuals, warranties and all other documents of any kind or
nature prepared, developed or obtained by CONTRACTOR in connection with the
performance of Services performed for the CITY shall become the sole property of CITY,
and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At
the CITY's sole discretion, CONTRACTOR may be permitted to retain original
documents, and furnish reproductions to CITY upon request, at no cost to a Y.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY
shall hold all intellectual property rights to any materials developed pursuant to this
Agreement. CONTRACTOR shall not such use data or documents for purposes other than
the performance of this Agreement, nor shall CONTRACTOR release, reproduce,
distribute, publish, adapt for future use or any other purposes, or otherwise use, any data
or other materials first produced in the performance of this Agreement, nor authorize others
to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period riot less than four
years following termination of this Agreement, all time records, accounting records and
vouchers and all other records with respect to all matters concerning Services performed,
compensation paid and expenses reimbursed. At any time during normal business hours
and as often as CITY may deem necessary, CONTRACTOR shall make available to
CITY's agents for examination all of such records and shall permit CITY's agents to audit,
examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and
all previous agreements, either oral or written, between the parties hereto with respect to
r
the rendering of Services by CONTRACTOR for CITY and contains all of the covenants
and agreements between the parties with respect to the rendering of such Services in any
manner whatsoever. Any modification of this Agreement will be effective only if it is in
writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest
in this Agreement without the prior written consent of CITY. Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest
Statements with CITY if required by California law and/or the CITY's conflict of interest
policy.
13.04 If any legal action or proceeding, including an action for declaratory relief,
is brought to enforce or interpret the provisions of this Agreement, the prevailing party will
be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which
that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County
of Riverside in the State of California and shall in all respects be interpreted, enfbrced and
governed under the laws of the State of California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its
firm has any interest, nor shall they acquire any interest, either directly or indirectly, which
will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person
having such interest shall be employed by it as an officer, employee, agent, or
subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et
seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of
public officers and employees. CONTRACTOR agrees that they are unaware of any
financial or economic interest of any public officer or employee of the CITY relating to
this Agreement. It is further understood and agreed that if such a financial interest does
exist at the inception of this Agreement, the CITY may immediately terminate this
Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements
of Government Code section 87100 et seq. and section 1090 in the performance of and
during the term of this Agreement.
13.08 Imo ro er Consideration. CONTRACTOR shall not offer (either directly or
through an intermediary) any improper consideration such as, but not limited to, cash,
discounts, services, the provision of travel or entertainment, or any items of value to any
officer, employee or agent of the CITY in an attempt to secure favorable treatment
regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may
immediately terminate this Agreement if it determines that any improper consideration as
described in the preceding sentence was offered to any officer, employee or agent of the
CITY with respect to the proposal and award process of this Agreement or any CITY
contract. This prohibition shall apply to any amendment, extension or evaluation process
once this Agreement or any CITY contract has been awarded. CONTRACTOR shall
immediately report any attempt by any CITY officer, employee or agent to solicit (either
directly or through an intermediary) improper consideration from CONTRACTOR..
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to
be effective as of the day and year first above -written.
Bus Washing Service
1. Most buses are out on route, most of the day Monday -Friday. Coordination of bus
availability will be conducted with Pass Transit Operations Supervisor. Some buses will
be made available in the early mornings (4 a.m.) and late afternoons (after 5 p.m.) Monday -
Friday as well as all day Saturday. Will you be able to accommodate these hours?
X Yes No
2. It is important that water used in the process of cleaning the vehicles is captured and not
allowed to run off into drain system. Are you able to capture run-off water and dispose of
properly? X Yes No
3. Exterior washing (done weekly): Includes washing the exterior of the bus including body
and tires. Windows/glass should be wiped down and left in a streak -free spotless condition.
Please list your price for completing this task for the different size buses listed:
3- 40' commercial buses $ 50.00 each
1- 32'commercial bus $ 30.00 each
2- GMC CS50 $ 30.00 each
6- Ford E-450 $ 30.00 each
2- Chevy C5500 $ 30.00 each
5- Ford F550 $. 30.00 each
4. Interior washing (done weekly): Drivers area and interior coacb area. Includes: wipe
down and disinfect all surfaces including seats, seatbelt buckles, handrails, console,
steering wheel/mount, etc. Vacuum and mop the floor. Remove trash debris between seats,
wall/back panels and back/bottom cushions. Windows/glass should be wiped down and
left in a streak -free spotless condition. Please list your price for completing this task for
the different size buses listed:
3- 40' commercial buses $ 30.00 each
1- 32'commercial bus $ 20.00 each
2- GMC CS50 $ 20.00 . each
6- Ford E-450 $. 20.00 _ each
2- Chevy C5500 $ 20.00 each
5- Ford F550 $ 20.00 each
5. Detailing every 3 months: Includes cleaning, treating, polishing of: fender skirts, bumpers,
light fixtures (inside and out), headlights, tail lights, etc., exterior window frames, window
tracks, side mirror housings. Remove debris and clean window, floor, and seat tracks.
Special attention to comers, doorways and the intersection of the sidewall and floor.
Disinfect all panels and surfaces including side panels, ceiling panels, escape hatch,
modesty panels and driver area. Please list your price for completing this task for the
different size buses listed:
3- 40' commercial buses $ 200.00 each
1- 32'commercial bus $ . _ 120.00 each
2-
GMC C550 $ 120.00 each
6- Ford E-450 $ ._.. 120.00 each
2- Chevy C5500 $ . 120.00 each
5- Ford F550 $ 120.00 each
6. Contact information:
Name: HECTOR ALVARADO
Signature: Hector Alvarado
Date: MARCH 5, 2019
Business Name: THE MOBILE TURTLE RV & AUTO DETAILING
Address: 1364 BARBETTY WAY BEAUMONT CA 92223
Phone: (909) 786-6689
Email: themobileturtle@outlook.com