AGREEMENT FOR SERVICES BETWEEN THE CITY OF YREKA AND [CONTRACTOR] WHEREAS, Contractor has the necessary experience in providing the services; and

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1 AGREEMENT FOR SERVICES BETWEEN THE CITY OF YREKA AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of, 2014, by and between the City of Yreka, a municipal corporation, hereinafter referred to as City, and [Contractor], hereinafter referred as Contractor, with respect to the following facts: RECITALS: WHEREAS, City requires the services of a Contractor that is licensed and experienced in providing backflow prevention device inspection services on backflow preventers; and WHEREAS, Contractor has the necessary experience in providing the services; and WHEREAS, Contractor is expected to achieve the desired results in a timely fashion; and WHEREAS, the Contractor is in the business of providing backflow prevention device inspection services on backflow prevention devices and the Contractor s rate schedule on the project is acceptable to the City. NOW, THEREFORE, CITY and CONTRACTOR agree as follows: 1. City retains Contractor to perform, and Contractor agrees to render backflow testing services (hereinafter the services ) identified in Exhibit A, in accordance with the terms and conditions set forth herein. 2. The term of this Agreement shall become effective on the date first written above, and shall remain in effect with a one year term renewable annually for three years, unless canceled. 3. City shall pay Contractor for services based on Exhibit B Contractor Standard Rate Schedule and approved by the City. City will pay the Contractor with warrants drawn in the normal course of business. 4. Service of any notices, bill, invoice or other documents required or permitted under this agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City Contractor Mark Schmitt Name Building Official Firm 701 Fourth Street Address #1 Yreka, CA Address #2 5. Contractor shall not subcontract parts or the whole of this agreement without the City s prior written consent. 6. Contractor is an independent Contractor and shall not, for any purpose, be deemed to be an employee, agent, or other representative of the City.

2 7. City shall have no liability for the payment of any salaries, wages, fees, equipment, materials, or services provided to the Contractor by any person or firm. 8. Contractor agrees to comply with all applicable Federal, State and local laws, regulations, and policies governing the funds provided under this contract. 9. Contractor understands that its performance of the services constitutes doing business in the City of Yreka, and it shall therefore register for and pay a business license tax pursuant to Chapter 5.04 of the Yreka Municipal Code. 10. Except as to the sole active negligence, or willful misconduct of City, Contractor shall defend, indemnify and hold harmless the City, its officers and employees, from any and all loss, damage, claim for damage, liability, expense or cost, including attorney s fees, which arises out of or is in any way connected with the performance of work under this Agreement and from all claims by Contractor s employees, agents and subcontractors compensated for services rendered to Contractor in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or Contractor s employees, agents or subcontractors. This section shall survive termination or expiration of this Agreement. 11. Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of whatever nature, including court costs and attorney s fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the acts or negligence of Contractor, its Subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement. 12. Contractor shall procure and maintain for the duration of the contract insurance in accordance with Exhibit C against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his Subcontractors, agents, or representatives for the ongoing operations and the completed operations for the full period allowed by law. The cost of such insurance shall be included in the Contractor s price and Contractor shall not provide any non-standard forms as evidence of insurance coverage. 13. This Contract and its Exhibits, if any, constitute the entire agreement between the parties. Any prior agreements, promises, negotiations or representations not expressly set forth in this Contract are of no force and effect. Any amendment or modification of this Contract shall be of no force and effect unless it is in writing and signed by the parties. This Contract shall be governed and construed according to the laws of the State of California and the venue for any enforcement shall be Siskiyou County, California. 14. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers compensation or to undertake self-insurance before commencing any of the work. Contractor shall carry insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers Compensation Act.

3 By execution of this Agreement, Contractor certifies that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. CITY OF YREKA, a municipal corporation CONTRACTOR [Firm] By: Steve Baker, City Manager Attest: Liz Casson, City Clerk By: [Name] Owner By: [Name] Owner Date:

4 EXHIBIT A Sample Scope of and Terms for Services Contractor shall perform backflow device inspection services on backflow prevention devices. Contractor shall lift and replace backflow device box lids security and safety when device is in a box. If initial test fails, Contractor shall provide basic onsite cleaning of internal components of assemblies and retest. By the next business day, Contractor shall provide written notification to City, via or in hard copy form, of assemblies that do not pass tests following onsite cleaning and retest. Such written notification will include the nature of the observed conditions that may contribute to the inability of the backflow prevention device to pass the test. Contractor shall, upon identifying assemblies that do not pass tests following onsite cleaning and retest, schedule a time to repair, if possible, the assembly in accordance with the submitted proposal. Contractor shall complete and provide the City a test report for each backflow assembly that is inspected. City agrees that Contractor will be afforded adequate time to complete requested tasks. Contractor agrees to make reasonable effort to complete accepted projects in a timely and workman like manner. City will assist by providing access to information and data that are in the records and required in connection with these backflow prevention device inspection services on backflow prevention devices including, but not limited to: maps, reports, standards, policies, procedures, rights of way, restrictions and easements. City will, upon request, provide access to, and make all provisions necessary to enter upon public or private lands as required for Contractor to perform such work and inspections as are required in the course of the project. Contractor shall complete and provide the City with inspection reports for each backflow assembly that is inspected. Contractor shall identify to the City any backflow assemblies that fail testing.

5 EXHIBIT B Contractor Standard Rate Schedule

6 Exhibit C City of Yreka Insurance Requirements Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers Compensation insurance as required by the State of California and Employer s Liability Insurance. Minimum Limits of Insurance Coverage shall maintain limits no less than: 1 General Liability: (including operations, products, and completed operations, as applicable) $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Liability $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 3 Employer s Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The commercial general liability and automobile liability policies are to contain or be endorsed to contain the following provisions: 1. The Entity, its officers, officials, employees, and volunteers are to be covered as insured s as respects: liability arising out of work or operations performed by or on behalf of the Contractor or automobiles owned, leased, borrowed, or hired by the Contractor. 2. For any claims related to this project, the Contractor s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, and volunteers shall be excess of the Contractor s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating no less than A-VII, unless otherwise acceptable to the City s Risk Manager. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity s forms provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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