HomeMy WebLinkAbout24B389 - Aarron Han dba Polar Electrical CompanyCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
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Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Electrical Maintenance & Installation Services-REC-Secondary
Aaron Han dba Polar Electrical Company
William Han
ploarelectricusa@gmail.com
provide electrical maintenance & installation services for the
Recreation department.
$315,000
January 13, 2025 - January 12, 2028
Yes
Aaron Han, polarelectricusa@gmail.com
Recreation
January 9, 2025
24B389
N/A
Yes
Pending
Pending
Procurement
N/A
No
IFB 24-37
N/A
N/A
N/A
12/4/2024 Brian Sotak-Rossman
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CONTRACT SERVICES AGREEMENT 24B389
ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on January 13, 2025, by and between the City of Palm Springs, a California charter city and
municipal corporation (“City”), and Aaron Han dba Polar Electrical Company, a sole
proprietorship, (“Contractor”). City and Contractor are individually referred to as “Party” and are
collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed vendor to provide electrical maintenance
and installation services on an as-needed basis for the Recreation Department, (“Project”).
B. Contractor has submitted to City a bid to provide electrical maintenance and
installation services, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants,
and conditions contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide services to City as described in the Scope of Services/Work attached to
this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar
conditions. In the event of any inconsistency between the terms contained in the Scope of
Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement
shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state,
and local laws, statutes and ordinances and all lawful orders, rules, and regulations when
performing the Services. Contractor shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the Services
required by this Agreement.
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1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it
has carefully considered how the Work should be performed and fully understands the facilities,
difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither
Party shall be accountable for delays in performance caused by any condition beyond the
reasonable control and without the fault or negligence of the non-performing Party. Delays shall
not entitle Contractor to any additional compensation regardless of the Party responsible for the
delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit “A”. The total amount of Compensation shall not exceed $315,000.
3.2 Method of Payment. In any month in which Contractor wishes to receive
payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City’s finance
director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized
services performed. City shall pay Contractor for all expenses stated in the invoice that are
approved by City and consistent with this Agreement, within thirty (30) days of receipt of
Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including, but not limited to, any additional fees. An amendment may be entered
into:
A. To provide for revisions or modifications to documents, work product, or
Work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not made,
this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time
period extension must be approved in writing by the Contract Officer.
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4.3 Force Majeure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Contractor notification, the Contract Officer shall investigate the facts
and the extent of any necessary delay and extend the time for performing the Services for the
period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this
Agreement. The Contractor will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement,
this Agreement shall continue in full force and effect for a period of three years, commencing on
January 13, 2025, and ending on January 12, 2028, unless extended by mutual written agreement
of the Parties. In addition, the term may be extended at the sole discretion of the City upon written
notice to the Contractor, for two (2) additional one (1) year terms.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at
any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health, safety,
and general welfare, the period of notice shall be such shorter time as may be determined by the
City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services
except such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer after such notice. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed Services and shall not be entitled to damages or
compensation for termination of Work. If the termination is for cause, the City shall have the right
to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the
cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice
to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified Services: Aaron Han, Owner. It is expressly
understood that the experience, knowledge, education, capability, and reputation of the foregoing
principal is a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term of this Agreement for directing all activities
of Contractor and devoting sufficient time to personally supervise the Services under this
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Agreement. The foregoing principal may not be changed by Contractor without prior written
approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the Services. Contractor shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and employees, were
a substantial inducement for City to enter into this Agreement. Contractor shall not contract with
any other individual or entity to perform any Services required under this Agreement without the
City's express written approval. In addition, neither this Agreement nor any interest may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated
in this Agreement including without limitation the insurance and indemnification requirements. If
Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is
for persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents or employees, perform
the Services required, except as otherwise specified. Contractor shall perform all required
Services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Contractor’s work product,
result, and advice. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. Contractor shall pay all wages, salaries,
and other amounts due personnel in connection with their performance under this Agreement and
as required by law. Contractor shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance. Contractor shall not have any
authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by Contractor
by providing written notice to Contractor.
Name: Title:
Aaron Han Owner
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public
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works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Contractor shall maintain
registration for the duration of the Project and require the same of any subcontractors, as
applicable. This Agreement may also be subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with
all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified
Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims
arising from injuries to or death of persons (Contractor’s employees included), for damage to
property, including property owned by City, for any violation of any federal, state, or local law or
ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct committed by Contractor, its officers, employees, representatives,
and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct
of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits
set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other
liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration
or earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If
Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8),
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then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor
in the performance of the Services or this Agreement, and, upon Contractor obtaining a final
adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor
shall keep such books and records as shall be necessary to properly perform the Services
required by this Agreement and enable the Contract Officer to evaluate the performance of such
Services. The Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit, and make records and transcripts
from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement
shall be the property of City. Contractor shall deliver all above-referenced documents to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights or ownership of the documents and materials. Contractor may retain copies of such
documents for Contractor's own use. Contractor shall have an unrestricted right to use the
concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of Services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City, such
access to Contractor’s books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Contractor’s performance under this Agreement. Contractor shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final
payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
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or any other appropriate court in such county, and Contractor covenants and agrees to submit to
the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,
any rule of construction of contracts (including, without limitation, California Civil Code Section
1654) that ambiguities are to be construed against the drafting party, shall not be employed in the
interpretation of this Agreement. The caption headings of the various sections and paragraphs
of this Agreement are for convenience and identification purposes only and shall not be deemed
to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or
approval of any subsequent act of Contractor. Any waiver by either Party of any default must be
in writing. No such waiver shall be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either Party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled,
in addition to such other relief as may be granted, to recover from the non-prevailing Party all
reasonable costs and expenses. These include but are not limited to reasonable attorney fees,
expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default
or breach by City or for any amount which may become due to the Contractor or its successor, or
for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement, nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the term
of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
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10.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that
applicants are employed, and that employees are treated during their employment, without regard
to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement,
and in executing this Agreement, Contractor certifies that its actions and omissions hereunder
shall not incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship; and further, that Contractor
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either Party desires, or is required to give to the other Party or any other person shall be in writing
and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section. Either Party may change its address by notifying the other Party of
the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Aaron Han dba Polar Electrical Company
Attention: Aaron Han
35834 Blue Breton Dr.
Fallbrook, CA 92028
11.2 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or among the Parties with
respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the Parties.
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11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant
that they are duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled
of the State of California, Consultant shall fully and adequately comply with California Executive
Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant
shall also certify compliance with the Russian Sanctions Program by completing the form located
in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions
Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND
AARON HAN DBA POLAR ELECTRICAL COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
CONTRACTOR:
By: _____________________________ By: _______________________________
Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 01/09/2025 Item No. 1I
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________
City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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1/10/20251/10/2025
1/13/2025
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Scope of Work:
A. Contractor shall provide electrical maintenance and installation services on an as-
needed basis for all City of Palm Springs buildings/facilities for the Recreation
Department.
B. Contractor shall provide all necessary labor with certified technicians, materials, hand
and power tools, supplies and equipment in accordance with the provisions and terms
and conditions.
C. The scope of Work shall include, but is not limited to: general electrical repairs,
installation, troubleshooting, testing, inspecting, IR scanning, wiring, wire
management, distribution equipment testing and repair, cable pulling, lighting
upgrades, high and low voltage, and other work normally under the jurisdiction of a
licensed electrical construction contractor, the National Electrical Contractors
Association and the Sound Public Address and Communication Employees
Association (Work). Medium (1000 volts to 34,500 volts), line (up to 1000 volts) and
low (under 50 volts AC/DC) voltage Work are included under this contract. This may
include project estimation and budgeting of work. The scope of work will not include
A/V work.
D. Contractor shall respond to department within 48 hours from request for work.
E. The Contractor shall respond to emergency calls for service within 24 hours from
request. Emergency responses to include weekends, after-hours, and holidays.
F. Contractor shall provide sufficient resources to respond to multiple requests for work
simultaneously, dispatching crews to each project which may have overlapping
timelines.
G. Contractor shall be responsible for setting up proper site protection prior to
commencing services, as well as daily clean-up following completion of work.
H. The Contractor shall be solely responsible for correcting any damages caused by on-
site work, due to improperly protecting property.
I. Contractor shall have weekly written communication with the Project Manager to
provide project updates and provide forthcoming schedule updates.
J. Contractor shall discuss all modifications with the Project Manager prior to
commencement of work.
K. Contractor shall have knowledge of the City of Palm Springs Historic buildings and the
various historic classifications that shall define and outline the repair and
improvements allowed. Details are available at https://www.palmspringsca.gov/
government/departments/planning/historic-resources/historic-properties
L. Correction of work deficiencies:
1. Contractor shall correct work rejected by the City as failing to conform to the
requirements in the project documents within thirty days. The Contractor shall
bear the cost of correcting such rejected work, including the costs of uncovering,
replacement, and additional testing.
2. If the Contractor fails to commence correction of nonconforming work within a
seven day period after written notice, the city may correct the deficiencies by other
means. In such case, the City may exercise rights and remedies as provided in
section 9.4 of agreement.
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3. In addition to the Contractor’s other obligations, the contractor shall, for a period
of one year after substantial completion, correct work not conforming to the
requirements of the work.
M. Compliance with regulations and permits: Contractor shall comply with or exceed all
relevant statutes, codes, rules, and regulations as may be applicable to this contract
and shall be responsible for securing any and all permits as required by the governing
authority. The City shall reimburse the Contractor for only the actual cost of said
permits.
N. Equipment and supplies: Contractor shall provide, at no additional cost to the City, all
necessary equipment, hand, and power tools and supplies typically used by the job
classification and/or assigned trade person. Mechanical or other equipment used for
Work must be of a type that is approved by the industry and shall be operated in such
a manner as not to cause danger of any nature to employees or other persons or
damage to the building structure, fixtures, furnishings, etc. The City, at its sole and
absolute discretion, may approve to pay for equipment, tools, or materials it
determines is not typical of that job classification. Contractor must not store equipment
and/or supplies on any City property.
O. General safety requirements: The Contractor shall be responsible for all safety
precautions required in connection with their work, including regulations of the
Occupational Safety and Health Administration (OSHA) and other governing agencies.
The City reserves the right to oversee all service work from a safety standpoint and
require the Contractor to take appropriate action to ensure safety and code
compliance.
P. Damages: Necessary precautions shall be taken at all times to protect persons,
property and equipment from injury or damage. Any damage shall be reported,
reviewed, and discussed with the facility manager
Q. Security:
1. The Contractor is responsible for ensuring all entries/exits to the work area are
secure during the discharge of their duties (doors must not be propped open). The
Contractor does not have the authority and shall not grant access to any person
requesting entry into the building or specific work area.
2. Any items or articles of apparent value found by the Contractor’s personnel in any
areas of the building or site shall be turned over to the facility manager or on-site
Security. Any suspicious articles that may be found, or persons loitering or
conducting themselves in a manner to arouse suspicion or possibly in need of help,
shall be immediately reported to Police.
R. Uniforms and vehicles: The Contractor shall be required to properly uniform its service
personnel, and they shall present a clean and neat appearance at all times. Day
service personnel shall have color-coordinated shirts with company name and/or logo
provided by the Contractor. Contractor must abide by City’s requirements for visiting
City buildings, including wearing required face coverings. Contractor vehicles must
display company logo and name.
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1.2 Pricing :
A. The pricing included in this Contract shall be firm for the first year.
B. The unit prices may be adjusted (decreased or increased) once a year to correspond with
the most recent annual change to the Consumer Price Index for All Urban Consumers as
published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-
Ontario Areas.
C. The City will only pay for the items listed on the bid form. Contractor must incorporate all
of its costs in its unit bid prices, including but not limited to labor, supervision, project
management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel
charges, service call charges, parking, delivery, portal-to-portal charges, environmental
fees, shop supplies and consumable incidental materials. The City will not pay for
subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the
City authorized payment of the applicable items.
1.3 Payment:
The resulting contract for these services is an on-call as needed contract. No specific
amount of work is guaranteed. The contract value is an estimated value only. All work
authorized under the contract will be compensated on a time and material basis as
outlined in the Invoicing Section
1.4 Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase
order number and shall indicate the unit (contract) price. Contractor will be paid for the
actual hours worked at the rates shown in the contract. Parts, materials, equipment, and
subcontractor costs will be compensated at actual cost with receipts required with
allowable markup as outline in the contract. Contractor shall break out the line items on
the invoice in accordance with the line items on the bid form. Contractor must provide
back-up documentation for materials, subcontractor, rented equipment, permits, disposal
and recycling fees. Invoices that are submitted with incorrect prices may be returned for
correction before any payments to the contractor are authorized. It shall be the
contractor’s responsibility to submit a correct invoice. The City shall not be responsible
for payment until a correct invoice is received. The invoice shall be accompanied by
receipts, dated, and signed by a City Employee, verifying the work was done. Invoices
and receipts will be submitted to the Contract Officer for approval. All invoices are to be
sent as one document, per month to: Facilities.Billing@palmspringsca.gov.
1.5 Special Security Requirements:
A. Palm Springs Police Department: Any personnel of Contractor assigned to perform
services at the Palm Springs Police Department must pass a Criminal History Records
Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided
at no charge to Contractor. Contractor shall coordinate the record checks with the City’s
Contract Officer. The City will accept as evidence of passing such a test a LiveScan card
issued by another government agency.
B. Palm Springs International Airport:
1. Contractor will be required to complete and maintain authorized signatory training and
maintain an authorized signatory on staff.
2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California
workers’ compensation laws. Such insurance shall be kept in full force and effect during the term
of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty
(30) days advance written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insureds by original endorsement shall be delivered
to and approved by City prior to commencement of services. The procuring of such insurance
and the delivery of policies, certificates, and endorsements evidencing the same shall not be
construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million
dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least
one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual
aggregate is:
_________ required
___X_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by
the State of California and Employer’s Liability Insurance with limits of at least one million dollars
$1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s
Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and
Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
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4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Contractor’s services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Contractor’s
services under this Agreement. Contractor shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII,
or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Contractor’s insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers’
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work
performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any
and all work performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before
work commences. All certificates of insurance must be authorized by a person with authority to
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bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of work shall not waive the
Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or services
under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its elected officials, officers,
employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, and defense expenses. Certificates of
Insurance must include evidence of the amount of any deductible or self-insured retention under
the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer’s liability.
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EXHIBIT “C”
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$107.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Aaron Han
DBA: Polar Electrical Company
Owner:Polar Electrical Company
Mailing Address:35834 BLUE BRETON DR
FALLBROOK, CA 92028
License Number:CBL-007784-2024
Expiration Date:12/31/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:35834 BLUE BRETON DR,
FALLBROOK, CA 92028
Business Description:C-10 Contractor
CSLB 948132
DIR 1000635609
TO BE POSTED IN A CONSPICUOUS PLACE
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Evidence of Insurance/Lienholder Interest
farmers.com
25-8976 9-13
Underwritten By:Farmers Insurance Exchange
6301 Owensmouth Ave.
Woodland Hills,CA 91367
Your Agent:Young Jo
7677 Ronson Rd Ste 210
San Diego,CA 92111-1538
(858)277-8383
FAX:(858)277-8384
yjo@farmersagent.com
Policy Number:19970-11-95
Policy Edition:1st
Effective:2/17/2017 12:01 AM
Expiration:Continuous until cancelled
Expiration Time:12:01 AM
Insured:Aaron C Han
35834 Blue Breton Dr
Fallbrook,CA 92028-6600
Page 1 of 2
Vehicle Information
Year Make Model VIN
2015 Nissan Nv Van 2500/3500 Standard Roof 1N6AF0KX2FN802975
Coverages
Coverage Type Limit/Deductible
Bodily Injury Liability $500,000 each person
$1,000,000 each accident
Property Damage Liability $100,000 each accident
Permissive User Limit of Liability Full (See Permissive User Limit
of Liability in your policy)
Medical Coverage Not Covered
Uninsured Motorist Bodily Injury $100,000 each person
$300,000 each accident
Comprehensive $1,500 Deductible
Coverage Type Limit/Deductible
Collision $1,500 Deductible
Additional Equipment $1,000
Uninsured Motorist Property
Damage with Collision Covered
Towing and Road Service Not Covered
Other Covered
Lienholders and Additional Interests
1st Lienholder Loan Number
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs,CA 92262-6959
Not Applicable
This evidence is subject to all of the terms,conditions and limitations set forth in the policy and endorsements attached to it.It is
furnished as a matter of information only and does not change,modify or extend the policy in any way.It supersedes all previously issued
certificates.
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farmers.com
Evidence of Insurance/Lienholder Interest (continued)
Page 2 of 225-8976 9-13
Loss payable provisions
(Applicable only if lienholder is named,and no other Automobile loss payable endorsement is attached to the policy)
It is agreed that any payment for loss or damage to the vehicle
described in this policy shall be made on the following basis:
1.At our option,loss or damage shall be paid as interest may
appear to the policyholder and the lienholder shown in the
Declarations,or by repair of the damaged vehicle.
2.Any act or neglect of the policyholder or a person acting on
his behalf shall not void the coverage afforded to the
lienholder.
3.Change in title or ownership of the vehicle,or error in its
description shall not void coverage afforded to the
lienholder.
The policy does not cover conversion,embezzlement or
secretion of the vehicle by the policyholder or anyone acting in
his behalf while in possession under a contract with the
lienholder.
A payment may be made to the lienholder which we would not
have been obligated to make except for these terms.In such
event,we are entitled to all the rights of the lienholder to the
extent of such payment.
The lienholder shall do whatever is necessary to secure such
rights.No subrogation shall impair the right of the lienholder to
recover the full amount of its claim.
We reserve the right to cancel this policy at any time as provided
by its terms.In case of cancellation or lapse we will notify the
lienholder at the address shown in the Declarations.We will give
the lienholder advance notice of not less than 10 days from the
effective date of such cancellation or lapse as respects his
interest.Mailing notice to the loss payee is sufficient to effect
cancellation.
The following applies as respects any loss adjusted with the
mortgagee interest only:
1.Any deductible applicable to Comprehensive Coverage shall
not exceed $250.
2.Any deductible applicable to Collision Coverage shall not
exceed $250.
12/4/2024
Authorized Representative Date
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