HomeMy WebLinkAboutEMERALD ISLE ENTERTAINMENT, INC.City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and al
amendments (if any) are no longer in effect.
Note: if your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
s 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.
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COTC Office Ilse QnIl
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City of Santa
JAN 11 2024
Gierk s, Office
and final payment has been made.
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL AMUSEMENT DEVICE PROVIDER AGREEMENT
DATE:
THIS AGREEMENT is made and entered into this) 5 day of February, 2022, by and
between Emerald Isle Entertainment, Inc., a California corporation ("Provider") 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 provider to furnish a two -person bungee amusement device for
the City Library's Dia de los Ninos, Dia de los Libros (Children's Day, Book Day) to be
held on April 30, 2022 at the Santa Ana Main Library ("Event").
B. Provider represents that Provider is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Provider represents that it is
knowledgeable in its field and that any services performed by Provider under this
Agreement will be performed in compliance with such standards as may reasonably be
expected.
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
Provider shall furnish a two -person bungee trampoline, setup, teardown, as well as the
equipment and at least two (2) staff members to operate the attraction, as more fully described in
Exhibit A attached hereto and incorporated by reference. City grants Provider the right to enter
its property for the purpose of delivery, set-up, operation, and pick-up. The event shall occur on
Saturday, April 30, 2022 from 10:30 a.m. — 2:00 p.m. at the Santa Ana Library, and shall be
disassembled and removed by Provider at the conclusion of the Event.
2. COMPENSATION
a. City agrees to pay, and Provider agrees to accept as total payment for its services an
amount not to exceed One Thousand Seven Hundred Fifty Dollars and Zero Cents ($1,750.00), as
identified in Provider's quote, attached hereto as Exhibit B and incorporated by reference.
b. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to the City's accounting procedures. Payment
need not be made for work that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by the City.
PENEVU*5351
This term of this Agreement shall commence on April 30, 2022 and end on May 1, 2022,
unless terminated earlier in accordance with Section I below.
Page 1 of 8
4. INDEPENDENT CONTRACTOR
Provider 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 manner in which Provider performs
the services which are the subject matter of this Agreement; however, the services to be provided
by Provider shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Provider 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. Provider is not an agent, representative or
employee of City and Provider shall have no authority to act on behalf of the City.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance:
Commercial General Liability Insurance. Provider shall maintain commercial
general liability insurance, which 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 Provider's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1),
or if Provider has no owned autos, hired, (Code 8) and non -owned autos (Code 9),
with a limit no less than $1,000,000 per accident for bodily injury and property
damage.
Worker's Compensation Insurance. In accordance with California State law,
Provider, if Provider 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, Provider agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
Page 2 of 8
4. If the Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or
the higher limits maintained by the Provider. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available
to the City.
b. Other Insurance Provisions
Additional Insured Status: The City, its officers, officials, employees,
and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations
performed by or on behalf of the Provider including materials, parts, or
equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an
endorsement to the Provider's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20
10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is
used).
2. Primary Coverage: For any claims related to this contract, the
Provider's insurance coverage shall be primary coverage at least as
broad as ISO CG 20 0104 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained
by the City, its officers, officials, employees, or volunteers shall be
excess of the Provider's insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall
provide that coverage shall not be canceled, except with notice to the
City.
4. Waiver of Subrogation: Provider hereby grants to City a waiver of any
right to subrogation that any insurer of said Provider may acquire
against the City by virtue of the payment of any loss under such
insurance. Provider agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to
and approved by the City. The City may require the Provider to purchase
coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses
within the retention. The policy language shall provide, or be endorsed
to provide, that the self -insured retention may be satisfied by either the
named insured or City.
Page 3 of 8
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's
rating of no less than A: VII, unless otherwise acceptable to the City.
Verification of Coverage: Provider shall furnish the City with original
Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage requiredby this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to
City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Provider's
obligation to provide them.
The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these
specifications, at any time.
8. Subcontractors: Provider shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Provider shall ensure that City is an additional insured on
insurance required from subcontractors.
9. Special Risks or Circumstances: City reserves the right to modify
these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
6. INDEMNIFICATION
Provider agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability 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 or indirect operations of the Provider or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section I of this
Agreement. The Provider 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 asserting personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arising 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. This indemnification provision No. 6 shall
survive any expiration or termination of this Agreement.
CONFLICT OF INTEREST
Provider covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any mamier with performance of services specified under this
Agreement.
Page 4 of 8
8. 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 copy to: Executive Director of Library Services
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
Fax(714) 571-4211
To Provider: Emerald Isle Entertainment, Inc.
980 N. Main St.
Orange, CA 92867
714-343-7022
info@emeraldevents.com
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. 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.
9. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Provider regarding the subject matter herein, 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 Provider. 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 Provider or the City. Each party to this Agreement aclmowledges that no
Page 5 of 8
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which is not embodied herein.
10. ASSIGNMENT
The experience, knowledge, capability and reputation of Provider were a substantial
inducement for City to enter into this Agreement. Therefore, Provider 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.
11. TERMINATION
This Agreement may be terminated by the City upon ten (10) days written notice of
termination. In such event, Provider shall be entitled to receive, and City shall pay Provider,
compensation for all services rendered prior to the effective date of termination.
12. CANCELLATION
City may cancel its reservation under this agreement pursuant to the procedures set forth
in Exhibit C.
13. RECORDS
Provider shall keep records and invoices in connection with the work to be performed
under this Agreement. Provider shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged
to the City for a minimum period of three (3) years, or for any longer period required by law,
from the date of final payment to City under this Agreement. Provider shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to City under this Agreement.
14. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
15. 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
Page 6 of 8
N-2022-044
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.
16. LICENSES
Provider shall, throughout the term 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.
17. SEVERABILITY
In the event that 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 hereunder.
18. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
19. AUTHORITY
The person(s) executing this Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that be so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
riarsy wmez
Clerk of the Council
CITY OF SANTA ANA
Kristine Ridge
City Manager
[signatures continued on nextpagel
Page 7 of 8
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By
randon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Brian Sternberg
Executive Director jUbrervices
Graham Hayden (Feb 1 , 02211:35 PST)
Name:
Title: Pr2sideK4-
Page 8 of 8
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
Emerald Isle Entertainment Inc.
980 N Main St, Orange, CA 92867
Main Office: 714-508-3690
info(a_emeraldevents.com
EVENT: Children's Day, Book Day (Dia de los Nihos, Dia de los Libros)
SERVICE DATE(S): Saturday April 30, 2022
COMPENSATION: Not to exceed $1,750.00
DESCRIPTION:
This vendor will provide entertainment services for a one -day community services event on Saturday,
April 30, 2022 at the Main Library, 26 Civic Center Plaza, Santa Ana CA 92701. Emerald Isle
Entertainment Inc. will provide a 2-person bungee trampoline from 10:30am-2:OOpm. The vendor will
setup the activity for the event and provide two attendants to run the activity for the duration of the
Children's Day, Book Day (Dia de los Ninos, Dia de los Libros) event. The amount shall not exceed
$1,750.00 total for services provided.
The City will be responsible for setting up the space for the patrons attending and advertising the event.
Vendor will be responsible for providing all equipment, materials, and personnel necessary to provide the
service.
City staff will be present during entire service time.
EXHIBIT B
Creators of The Original Bubble RollersTm
Emerald Ot Even is
Thrilling Entertainment for Any Occasion
Jan 21 s' 2022
Attn: Elvia Hernandez
City of Santa Ana
ehernandez5(2santa-ana.org
PH:714-647-5261
Re: Quotes for 2 person Bungee
Our proposal is detailed below.
All quotes are based on operation on Saturday, April 3012022 from 10:30am— 2pm at Santa Ana Library.
Quotes will include setup, Teardown, equipment and staff to operate the attractions.
• Dual Bungee with 2 team members
Requirements:
$1,750
• Electrical power source within 75ft from areas of operation
• Suitable area for operations.
• Line control and crowd control by customer
• Drive up access and smooth, flat, level concrete or similar (no uneven/soft area)
All quotes are subject to availability and may change as date approaches.
The aubbla anlbn TskFvmiss
980 N. Main St., Orange, CA 92867 1 www.EmeraidEvents.com 1 info@emeraldevents.com 1714.508.3690
EXHIBIT C
Creators of The Original Bubble RollersTm
Emerald Evens
Thrilling Entertainment for Any Occasion
Cancellation and rain Policies- Please read carefully:
If a customer decides to cancel their reservation, they must do so 72 HOURS (3 days) before their
reservation day. If customer cancels their order 48 hours (1-2 days) of their reservation date, a
cancellation fee of 50% of the rental total will be applied. If the customer cancels their order the day of
the rental, they will be charged the whole rental amount.
If the customer cannot get a hold of the company, or has called after business hours, it is still the
customer's responsibility to leave a message in the company's messaging system about cancelling
their reservation and sending an email to infona,emeraldevents.com regarding the cancellation.
Please read the Rain Policy below and in case rain or unfavorable weather is to happen on the day of your
rental; both email infoc@emeraldevents.com and call 7145083690 or 7147958298 before 6pm on the day
before the event if the event starts before 2pm or before 6am on the event day if your event stars after
2pm to leave a voicemail to let us know if the rental can be setup indoors instead.
RAIN POLICY: In case of rain or severe weather conditions (high winds exceeding 20mph) during your
rental date, customer is allowed to cancel the same day as delivery (excluding Ice Rinks and some other
items) without any cancellation fee (also pertains to forecasts with probabilities of rain or high winds
greater than 50% likelihood). Customer MUST CALL and email before 6pm on the day before the event if
the event starts before 2pm or before 6am on the event day if your event stars after 2pm (voicemail and
emails are ok for cancellation). If customer cancels the order, it will be canceled for the rest of the rental
period with no guarantee that Emerald Events can deliver if weather conditions get better.
If customer decides to go ahead with the order even though the weather forecast says it will rain, but it is
not actually raining at the time, then we will go ahead and deliver the order. However, if it does start to rain
during the rental time, Emerald Events reserves the right to cancel the order, due to safety concerns, with
NO refund provided.
During rain/inclement weather, it is unsafe for anyone to play inside an inflatable; therefore we do cancel
orders during raining/inclement weather days. However, since people do have events and parties that are
usually planned out weeks/months before, or may take place indoors, we give customers the option to
deliver the order or cancel it for days that are predicted to rain.
It is the customer's responsibility to call Emerald Events to cancel their order or go through with it during
these rain/inclement weather days as above. If customer decides to cancel order once Emerald Events
driver has already left our location, then Emerald Events reserves the right to charge customer full
cancellation fee for not contacting and for making our crew work and drive out to your location.
Thank you for understanding.
tna Oabbl Nonam ♦rrao.va.r A
980 N. Main St., Orange, CA 92867 1 www.EmeraidEvents.com I infoL@emeraidevents.com 1 714.5083690
NOTICE OF COMPLIANCE
CITY "A,AM I1111RINT I'IIII Pi I1111A E AND INCLUDE Ck I 111 1AGREEMENTTOT111IE CLERK CSC 1111IE COUNCIL
Contractor Emerald Isle Entertainment Inc.
Name:
Project N-2022-044
Number:
Project Amusement Device Provider Agreement
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY
EXPIRATION
COI DATE
FILE NAME
NUMBER
DATE
1. The City of
Santa Ana Al
AUTOMOBILE LIABILITY
BA040000031976
02/04/2024
03/21/2023
End PNC 2023-
merged.pdf
1. The City of
GENERAL LIABILITY
ZISMB048804
05/02/2023
02/14/2023
Santa Ana Al
End PNC 2023-
merged.pdf
1. The City of
WORKERS COMPENSATION AND
9005057
02/09/2024
02/24/2023
Santa Ana Al
EMPLOYERS' LIABILITY
End PNC 2023-
merged.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
3/21/2023 7:22 PM