Loading...
HomeMy WebLinkAboutSUSY PARTY RENTAL 6City of Santa ! a Clerk of the Council COTC Office Use Only -- ---- AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all 9 Pil 12 amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements CITY OF S AN TA ANA have been satisfied prior to signing the termination form. CLERK OF COUNCIL Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with �la��1r1t>l� N-2018-131 No. was completed on (, and final payment has been made. (list all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: �� _4� I Cs Date: l C) Revised: 10-18-16 • Avfa - need m TT • Gv 4•s-tq N-2018-131 INSURANCEp NDT ON FILE Wo ' WORK MAY NOT PROCEED CLERK OF COUNCIL AGREEMENT WITH SUSY PARTY RENTALS DATE: in 10 2010 FOR PROVISION OF CANOPIES FOR FOURTH OF JULY EVENT THIS AGREEMENT is made and entered into this 28' day of June, 2018 by and between Susy Party Rental ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide tent canopies and related equipment for the Fourth of July event that the City is hosting on July 4; 2018 (`Event"). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide and remove forty (40) tent canopies, at the Fourth of July Event at Centennial Park, as described in Exhibit A. Vendor will deliver and remove equipment -as provided in Exhibit A. City requires that all equipment must be delivered and set up by 12moon " on the day o`f the Event. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services and equipment, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Two Thousand Eight Hundred and Ninety Three Dollars ($2,893.00) -This amount includes a 10% contingency of $263.00 to -be used.at the City's sole discretion. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. Page 1 of 7 3. TERM This Agreement shall commence on July 3, 2018 and terminate on July 5, 2018, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a.- Commercial General"Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of-$1;000;000-per occurrence,--and-S-2,000;000-in the aggregate. Such insurance -shall -(a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business -auto mobile- liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's _Compensation Insurance. In accordance with the provisions of California state law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Page 2 of 7 d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination, Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct w-indirect operations -of Contractor -or -its -contractors subcontractors; -agents,, vinployees; or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Page 3 of 7 Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This indemnification provision No. 6 shall survive any expiration or termination of this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons; To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:(714) 647-6956 With -copies -to; Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 "T1 Fax:(714) 571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax:(714) 647-6515 Page 4 of 7 To Contractor: Susy Party Rental 1517 S. Sycamore Santa Ana, CA 92707 Phone: 714 543-9556 www.susyp4lWentals.com A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon seven (7) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. Page 5 of 7 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities related to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the teen of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or -_..- withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 6 of 7 N-2018-131 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Maria D. Huizar 7 Clerk of the Council APPROVED AS TO FORM: Laura A. Rossini Senior Assistant City Attorney RE; AL: F A PROVAL: Ralph J. NuNez, Interim xe ti Director, Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Raultodinez II City Manager CONTRACTOR J �J ame: Tit e: Yle✓� ✓ley �y� �� Page 7 of 7 1517 S. Sycamore EXHIBIT A Santa Ana, CA 92707 714-543-9556 (office) 714-329-103(cell) 714-543-4614(fax) www.susypartyrentals.com Chairs*Tables*Tents*Portable Bathrooms*Jumpers*Linens & much morel Sillas*Mesas*CarDas*Banos *Pastas de Bails*Jtmnnam*Manralna ......., ti ... .v 1NVOICE # Toda 's Date: 5/17118 Event Date: 7/4118 Client Name: Sonia Batres Delivery location: Centennial Park 3900 We Edin er Company Name: City of Santa Ana Santa Ana CA Phone # 714-571.4227 Delivery time Mate: 713 at 2 m Phone # (cell): Pickup time & date: 7/5 at gam Email address: sbatres anta•ana.or Driver's License # & Ex date Date Out: Date In: Out Used In Description of Equipment Quantity Unit Price Total Amount 1 Tents 40 $2 480.00 2 Insurance $150.00 3 4 5 5 7 8 9 10 11 12 13 14 15 Notes: MY pay by check Sub total $2,630.00 Delivery Charge Security Deposit Other services/fees Total $2,630.00 Down Payment Balanee Due ACORO® CERTIFICATE OF LIABILITY INSURANCE `/ Dnre (mWoomrr) 1 06/18/2018 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: B the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. B 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 endorsements . PRODUCER McLure Insurance Brokerage, Inc. 17731 Irvine Blvd. Suite 104 N-2018-131 Tustin CA 92780 CT Ra Mclure PHONe (714 664-8911 Fac No: (714) 664-0011 no was: 'ervice@mclurains.com INSURERS AFFORDING COVERAGE MAIC e INSURER A: COLONY INSURANCE COMPANY 39993 INSURED .:�..SUSV PARTY RENTALS 1517 S. SYCAMORE STREET SANTA ANA CA 92707 INSURER B: STATE FUND INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. RISK LTR TYPE OFINSURANCE A00 8 eft POLICY E POLICY EFF MMIDD POLICY EXP LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAa1SJdADE � OCCUR PREMISES e S 100,000 MED EXP (An one non $ 5,000 PERSONAL&ADVINJURY s 1.000,000 A Y 101 PKG 0044107-02 06/05/2018 06/0512019 GENL AGGREGATE LIMB APPLIES PER: GENERAL AGGREGATE s 2,000,000 X POLICY El JxE-CCT ❑ LOC PRODUCTS-COMP/OP AGO s INCLUDED OTHER.$ AUTOMOBLE UABILIN COMBINED SINGLE LIMIT Ea aaldeM s BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS BODILY INJURY (PeraaMaM) 3 PROPERTY DAMAGE acddenl $ HIRED NONAWNED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAR OCCUR EACH OCCURRENCE 9 AGGREGATE 1 EXCESS LIAR CLNMSAIADE DEO I I RETENTION $ WORKERS COMPENSATION STATUTE AND EMPL0YERW LIABILITY Y� EL EACH ACCIDENT s 1,000.000 B ANY CUTNE NIA Y 9215258-17 07/23/2017 - 07232016 EL DISEASE -EA EMPLOYEE s 1,000,000 OFFICEPoMEMBEREXCLUDER (Mandatary In MH) EJ- DISEASE -POLICY LIMIT S 1,000,000 Iryea, daaal a under DESCRIPTION OF OPERATIONS be. BUILDING LIMIT: $450,000 A B,p.p, Y 101 PKG 0044107-02 06M52018 06/05/2019 LIMIT: $100.000 DESCM"ON OF OPERATMNSI LOCATIONS I VEHICLES (ACORO tat, Additional Remarba 9chetlule, may be ribahad N mpro Spam la nqulnd) THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYE ENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS ("ADDITIONAL INSUREDS') WITH REGARD TO LIABILITY AND DEFENS UITS ARISIN OM THE OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. \ \� �ey\eAA a CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTAANA CA 92701 SHOULD ANY OF THE,49DVE DE THE EXPIRATION GATE THIEF ACCORDANCE WITH THE POLICY AUTHORNED REPRESENTATIVE ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD tf POLICIES BE CANCELLED BEFORE NOTICE WILL BE DELIVERED IN 101 PKG 0044107.03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Locations) of Covered Operations: AS DESIGNATED IN WRITTEN CONTRACT AS DESIGNATED IN WRITTEN CONTRACT WITH THE NAMED INSURED WITH THE NAMED INSURED The insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured A. SECTION 11— WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above, A person(s or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connect! �brk the project (other than service, maintenance or repairs) to be peog on b f of the additional insured(s) at the location of the covered operations h s be r 2. That portion of "your work" out of which the injury or damage arises has been inuse by any person or organization, Negligence of Additional Insured Q��✓ U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission.