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HomeMy WebLinkAboutSUSY PARTY RENTAL (2) - 2017City of Santa A,-7 >r Clerk of the Coun...i AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. 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 COTC Office Use Only JIA 19 M 3: 12 Y OF SANTA ANA ERK OF COUNCIL No. N-2017-235 was completed on 11119)IJ and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.: 5d n Signature: < .�IuM lAjQA1 L/ Date: sIs4l(W Revised: 10-18-16 Auh- 0� ALLwC ieal0rr�lidn 04 '"' N-2017-235 C°/�'� INSORANCE N -T ON FILE WORK MAY ROT PROCEED --AGREEMENT WITH SUSY PARTY RENTALS CLERK OF COUNCIL FOR PROVISION OF CANOPIES FOR DATE: 14 �� PLAZA NAVIDENA EVENT THIS AGREEMENT is made and entered into this � day of November, 2017 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 Plaza Navidefia event that the City is hosting on November 18, 2017 ("Event'). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services perfomzed 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 ten (10) tent canopies, at the Event at Fourth Street and French Street in Calle Quatro, as described in Exhibit A. All equipment shall be delivered and set up by 12 noon before the Event and removed immediately following conclusion of Event (after 9:30 PM). 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 Seven Hundred and Eighty Dollars ($780.00). This amount includes a 20% contingency of $130.00. 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. 3. TERM Page 1 of 6 This Agreement shall commence on November 18, 2017 and terminate on November 19, 2017, unless terminated earlier in accordance with Section 12, below. INDEPENDENT CONTRACTOR Contractor shall, during the entire terns 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 $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 automobile 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. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: Page 2 of 6 (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. 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 or indirect operations of Contractor or its contractors, subcontractors, agents, employees, 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 terms 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 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 Page 3 of 6 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 With copies to: and Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 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 To Contractor: Susy Party Rental 1517 S. Sycamore Santa Ana, CA 92707 Phone:714 543-9556 www.susvpartyrentals.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 Page 4 of 6 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 mill 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. 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 Page 5 of 6 N-2017-235 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. 1S. PROFESSIONAL LICENSES Contractor 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, 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 for termination of this Agreement. 16, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow 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 damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: By: J44a Funk Assistant City Attorney RECOMMENDED FOR APPROVAL:. CITY Of SANTA ANA C Raul Gadinez 1. City Manager CONTRACTOR T. \ e Gerardo Mouet, Executive Director Parks, Recreation, and Community Services Agency Page 6 of 6 * C sant S. Sycamore EXHIBIT A r! - ` 714-543-9556 (office) 714-329-1031 (cell) • T_UO 714-543-4614 (fax) www.susypartyrentals.com & susy@susypartyrentals.com visit S like us on FB under Susy Party Rentals Chairs*Tables*Tents*Portable Bathrooms*Jumpers*Linens & much more! Sims"mesas"l:arpas"t3anos vistas cie 13alle" Jumpers"MantelOS y mucho maS! INVOICE. # Todav's Date: 10/19/17 ( Event Date- 11118/17 Phone # ; Delivery date & time: 11/18/17 ? Phone # (cell): Pick uo date & time: TBD? 1 10x10 tent 10 65.00 $650 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - AC"RV 11I03/2017 ® CERTIFICATE OF LIABILITY INSURANCE OATEIMMIDDNYYY) �� 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: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If 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 ileu of such endorsement(s), PRODUCER CONTACT Ray MClure McLure Insurance Brokerage, Inc. PHOONN Exlp (714) 664.8911 ac Nol: (714) 664-0011 EnM oc 17731 Irvine Blvd, Suite 104 s (71 ) 364 8911 s.com Tus(in CA 92780 NSURED SUSY PARTY RENTALS 1517 S, SYCAMORE STREET wsuRSRA: COLONY INSURANCE COMPANY 1 39993 1 Cr1VPRAI1PA BGRTIFICATP MIINIRGR- 01=111oA k! All IIVII]CR. 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. INSR R TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIODM'YY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 _ J CLAIMS -MADE X OCCUR AMAGE PREM SESOEa oNcurrOGnce $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 A _J Y 101 PKG 0044107-02 01/16/2017 01/16/2018 _- AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L X! POLICY PRO- jEcT L) TOO PROOUGTS- COMP/OP AGO $ INCLUDED $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accldenl $ BODILY INJURY (PP, person) $ ANY AUTO ! OWNED ABCHEDULED AUTOS ONLY UTOS HIRED NON OWNED AUTOS ONLY AUTOSSONLY - $ BODILY INJURY (Par accident) PROPERTY DAMAGE (Per accident) $ _ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ IAGGREGATE EXCESS LIAR CLAIMS -MADE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDEDV NIA PER OTW STATUTE ER E.L. EACH ACCIDENT i$ E. L. DISEASE EA EMPLOYE (Mandatory In NH) $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ BUILDING LIMIT: $450,000 A B.P.P, 101 PKG 0044107-02 01/16/2017 01/16/2018 LIMIT: $100,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached it more space Is required) THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENT *VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS ("ADDITIONAL INSUREDS") WITH REGARD TO LIABILITY AND DEFENSE OF BILL lCISIN,Ci FROM T OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. �'� f �rJS /0, eraG3 CITY OF SANTA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DWCRIBED Pg?,VtS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTME WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (� 19RR-2015 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD All riahts reserved_ 101 PKG 0044107.02 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): I Location(s) of Covered Operations: AS DESIGNATED IN WRITTEN CONTRACT AS DESIGNATED IN WRITTEN CONTRACT WITH THE NAMED INSURED WITH THE NAMED INSURED It is further agreed that this insurance shall be Primary and Non -Contributory but only in the event of a Named Insured's sole negligence. A. SECTION II — 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,dmages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work Oy�O "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with r NMYr', (@he project (other than service, maintenance or repairs) to be performed b r\V of the additional insured(s) at the location of the covered operations has r� or 2. That portion of'your work" out of which the injury or damage arises hat been pyVi s intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 with its permission. 101 PKG 0044107.02 insured(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. fed w 41 U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. tSr}i)111t)i ,\i,�' USfl.l> 'if3t.'-1; I°•ll;'.I I. Insurance Company Colony Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # K21 OV6 COL-Itl 10-relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 01 /16/2017 , tlus endorsement form as a part of Policy# 101 PKG 0044107-02 Issued to SUSY PARTY RENTALS Named Insured f Countersigned by horized Relg tative, � 5 CITY OR SANTA ANA RISK NIANAGENIEN'r 126 CIVIC CENTER PLAZA, SAN'I'A ANA, CA 92701 rEL (714) 571-4200 W0.1KERS' COMPENSATION DECLARATION hereby affirm under pecalry, of perjury, the following declaration cer^.ify on behalf of s t $" —that during the term of my (^ons lr ;(7ompuny Name) contract for rCly \ Q v9e ,T �12Gy ervlces with the City of Santa Ana, I will not ernpley any person, in any manner so as to became subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section J 700 of the Labor Code, I shall Forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: By: � t. Name: Tide: UL�-' �� T--P-- c Teiaphone; WAR` UNG: FAILURE TO SECURE WORICE.RS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN ENQ LOYER TO CRILIINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS (S [00,000'). IN ADDITIONTO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION J706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. S U da CX