1 Rev. 1/09/2025
SERVICES CONTRACT
THIS AGREEMENT is made at Fairfield, California, as of ____________________, 20____ by and between the City of Fairfield ("the CITY") and FOLGER GRAPHICS, INC. ("SERVICE PROVIDER").
1. SCOPE OF SERVICE
SERVICE PROVIDER agrees to perform the following work: To provide printing services and delivery to the Post Office for the Activity Guide as needed for the Parks & Recreation Department of the City of Fairfield. SERVICE PROVIDER shall provide no less than Three (3) Activity Guides per calendar year unless otherwise directed by the CITY in writing.
2. PAYMENTS.
a. The total contract price for services rendered by SERVICE PROVIDER under this Agreement shall be no more than $16,500 (Sixteen-thousand five hundred dollars) per Activity Guide for a total payment not to exceed $150,000 (One-hundred and fifty thousand dollars) for the three (3) year term of the contract. b. Payment shall be made to SERVICE PROVIDER on a time and materials basis, and SERVICE PROVIDER shall submit invoices no later than 30 days up production and delivery of each Activity Guide.
c. Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and SERVICE PROVIDER and shall be billed on a time and materials basis to the City of Fairfield.
3. TERM. This Agreement shall be effective as of the Effective Date and shall remain in effect for a period of three (3) years following the Effective Date (the “Initial Term). Following the Initial Term, the Agreement may be extended for one additional three (3) year term by the CITY providing written notice to the SERVICE PROVIDER of intent to extend signed by the City Manager or his/her designee.
4. INSURANCE.
Before signing this agreement check with your insurance provider to make sure you can comply with the insurance requirements listed below.
a. WO
RKERS’ COMPENSATION . During the term of this Agreement, SERVICE PROVIDER shall fully comply with the terms of the law of California concerning workers’ compensation.
Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability SERVICE PROVIDER may have for workers’ compensation. Said policy shall also include employer’s liability coverage no less than $1,000,000 per accident for bodily injury or disease. b. G
ENERAL LIABILITY INSURANCE . SERVICE PROVIDER shall obtain at its sole cost and keep in full force and effect during the term of this agreement commercial general liability insurance in the amount of no less than $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. Said insurance shall provide (1) that the CITY, its officers, agents, employees and volunteers shall be named as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and (3) that no other insurance effected by the CITY or other named insureds will be called upon to cover a loss covered thereunder. 2 Rev. 1/09/2025
c. AUTOMOBILE LIABILITY INSURANCE. SERVICE PROVIDER shall obtain at its sole cost and keep in full force and effect during the term of this agreement automobile liability insurance in the amount of no less than $1,000,000 per occurrence for bodily injury and property damage. Said insurance shall provide (1) that the CITY, its officers, agents, employees and volunteers shall be named as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and (3) that no other insurance effected by the CITY or other named insureds will be called upon to cover a loss covered thereunder.
d. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the SERVICE PROVIDER; products and completed operations of the SERVICE PROVIDER; premises owned, occupied or used by the SERVICE PROVIDER; and automobiles owned, leased, hired or borrowed by the SERVICE PROVIDER.
The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers e. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
f. The minimum limits stated above shall not serve to reduce the SERVICE PROVIDER’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
g. CERTIFICATES OF INSURANCE. SERVICE PROVIDER shall file electronically with Risk Management upon the execution of this agreement via email at [email protected] and certificates of insurance shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City of Fairfield or the Designee prior to the effective date of such cancellation, or change in coverage.
5. INDEMNIFY AND HOLD HARMLESS. To the fullest extent allowed by law, SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by the SERVICE PROVIDER or any person directly or indirectly employed by or acting as agent for SERVICE PROVIDER in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers
It is understood that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve SERVICE PROVIDER from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3 Rev. 1/09/2025
SERVICE PROVIDER’S responsibility for defense and indemnity shall survive termination or completion of this Agreement for the full period of time allowed by law.
LABOR AND WAGE CODE GUIDELINES
a. Attention is directed to Section 1777.5 of the Labor Code as it applies to apprenticeship standards
b. SERVICE PROVIDER, as defined for this agreement, shall pay prevailing wages to the extent required by California Labor Code Section 1771. The general prevailing wage rates for each craft, classification, or type of workman shall be as determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/DLSR/statistics.research.html select
the appropriate wage decision and then collect the wage decision for Statewide, Northern California and Solano County). A copy of these wage rate determinations are kept on file and are available for review at the Office of the City Engineer located at 1000 Webster Street.
c. In accordance with the provision of Section 1860 of the California Labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contractor will be required to secure the payment of compensation of his or her employees.
6. CONTRACTORS AND SUBCONTRACTORS. The SERVICE PROVIDER shall require all contractors and subcontractors to meet the requirements of this Agreement, including the indemnity and insurance requirements, for work performed under this Agreement.
7. BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at
www.fairfield.ca.gov/biz.
8. Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets
9. CANCELLATION. This agreement may be canceled at any time by CITY for its convenience upon written notice to SERVICE PROVIDER: provided, however, that the SERVICE PROVIDER shall be entitled to receive full payment for all services performed and all costs incurred to the date of its receipt of written notice to cease work.
10. TERMINATION. This agreement may be terminated:
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