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HomeMy WebLinkAboutGALAXY PARTY RENTALS - 2018City of Santa Ana Clerk of the Council 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 SANTA ANA OF COUNCIL No. N'208-��r(0 was completed on v �� �b and final payment has been made. (List all amendments. Use space below N needed.) Department: r �J V—Q�A Phone/Ext.: Signature: eSk \� CAA A#IkCi Date: 3fILl I Lii, Revised: 1 n-1 & 16 iASURANGE NOT ON FILE �RK-MAY NO PROCEED � CLERK OF OUNC L DATE: Q i-A -lea IO0, 1VC Aeclarci}i(y) 4: PRC9 ) AGREEMENT WITH GALAXY PARTY RENTALS Silvia Cuevas THIS AGREEMENT is made and entered into this 171h day of April, 2018 by and between GalaxyParty Rentals ("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 having special skill and knowledge in the field of providing and removing rental equipment for special events such as the Santa Ana Public Library's Children's Day/Book Day event on April 21, 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 consulting 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, install, set-up, maintain and remove rental equipment at the Santa Ana Public Library located at 26 Civic Center Plaza, Santa Ana, CA 92701 for the Event. Equipment to be provided by Contractor includes, but is not limited to tables, chairs, canopies and balloons as set forth in Exhibit A to this Agreement (the "Equipment"). 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services,, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Three Thousand Five Hundred Dollars, $3,500. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 22, 2018, unless terminated earlier in accordance with Section 1.2, 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, agents, volunteers, and employees 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. Contractor shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City of Santa Ana. 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 ofinsured'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 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: (i) Consultant 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 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 defend, indemnify and hold ham2less the City, its officers, agents, employees, Contractors, 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 the Contractor or its 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. The 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. 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 Fax: (714) 571-4221 and 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: Galaxy Party Rental It 787 Cardinal Circle Garden Grove, California 92843 Phone: (714) 569-1638 A party may change its address by giving notice in writing to the other party. If sent by snail, 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 three (3) 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. NONDISCRIMINATION 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 services performed under 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 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 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 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. Signature Page to Follow N-2018-056 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY ATTORNEY Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ,&IA.� lq6 Gerardo Monet, Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA Raul Godinez II City Manager CONTRACTOR: Galaxy Party Rentals Name: �bef0 AVO 4 Title: Go • Owner Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Galaxy Party Rentals 11787 Cardinal Circle Garden Grove, CA 92843 (714) 569-1638 EVENT: Santa Ana Public Library's Children's Day/Book Day SERVICE DATE(S): April 21, 2018 COMPENSATION: Not to exceed $3,500 DESCRIPTION: Galaxy Party Rentals is a party equipment rental service. This vendor is to provide their service on Saturday, April 21, 2018 for the Children's Day /Book Day event, also known as Dia. The event will take place at the Main Library and Plaza of the Sun located at: 26 Civic Center Plaza, Santa Ana, CA 92701. The City will be responsible for obtaining the proper approvals for use of City space and for advertising the event to patrons. Vendor will be responsible for providing equipment, materials, supplies and personnel necessary for the setup of the space the morning of the event and break down of the space after the event is done. The services include but are not limited to tables, chairs, canopies, and balloons. Exhib Party Rentals Price List Standard Folding Chair..... .85 Rectangular Table (6')....... 6.50 10' x 10' Canopy........... 75.00 15' x 20' Canopy........... 180.00 8' x 10' Canopy Wall....... 15.00 Canopy Weight (90 LBS)... 5.00 1 Dozen Balloons ............... 10.00 A�Qhtd CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/21/2018 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must 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 lieu of such endorsements . PRODUCER A J INSURANCE 1000 Macarthur Blvd #66 Santa Ana, CA 92707 N-2018-058 OF57419 CONTACT NAME. PHONE (714) 673-5549I FAx AIC No: E-MAIL a insurance com DDREss. 7 INSURERS AFFORDING COVERAGE NAICW INSURERA; MESA UNDERWRITERS SPECIALTY INS. 36838 INSURED GALAXY PARTY RENTALS ZAVALA, ROBERTO AND EUGENIO PEREZ 11787 CARDINAL CIR GARDEN GROVE, CA 92843 INSURERS: INsuRE INSURERD: INSURER E: INSURER F: r.n\/FRAnF.Q CFRTICICATC KII WIRF[A 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 BYPAID CLAIMS. INBR LTA TYPE OF INSURANCE SR viva OLICVNU B POLICY EFF M D V POLICY ENE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE O OCCUR S Ea occurrence) $ 100,000 MED EXP An one arson $ 5,000 A X DED: $500 MP0004014000837 09/26/1709/25/18 PERSONAL & ADV INJURY $ 1,000,0001 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,000 X OLCV PRO- L $ OMOBILE LIABILITY COMBINED SINGLE MIT (Eaaccident BODILY INJURY (Per person) $ ANVAUTO ALLOWNED SCHEDULED AUTOS AUTOS H BODILY INJURY (Par (a I $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per aord t $ UMBRELLA LIAR OCCUR EACH OCCURRENCE IS AGGREGATE $ EXCESS LIAR CLAIMS -MADE QED I I RETENTION WORKERS COMPENSATION ANDEMPLOVERS'LIABILITV YIN ANY PROPRIETORIPARTNERIEXECUTIVE O OFFICERIMEMBER EXCLUDED? NIA WCSTATU- I X OTH- TORY I WITS PR EL EACH ACCIDENT .NT $ EL DISEASE- EA EMPLOYEE $ (Mandatory in NH) If lyqS tlescribe under DESCRI PTION OF OPERA ION bal E. L. DISEASE -POLICY LIMIT CONTENTS: A PROPERTY MP0004014000837 09/26/1709/26/18 $250,0000 DED: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remelts Schedule, if more space is required) PARTY RENTAL STORE: City of Santa Ana, its officers, agents and employees are named as additional i`n,96ni. {� 4'4� SHOULD ANY OF THE ABOVE DESCRIBED �ELCED BEFORE City of Santa Ana Public Library THE EXPIRATION DATE THEREOF OTICE W(lt4L DELIVERED IN 26 Civic Center Plaza ACCORDANCE WITH THE POLICY. VISIONS. Santa Ana, CA 92701 4 AUTHORIZED REPRE U 1 - 1 All rights reserved. ACORD25 (2010105) The ACORD name and logo are registered marks of ACORD 01 ADDITIONAL INSURED ENDORSEMENT Insurance Company MESA UNDERWRITERS SPECIALTY INS. MP0004 014 0 o c InQ tifies such insurance as is offered by the provisions of Policy Number: relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative 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 the additional insureds, this insurance shall not be cancelled, 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 counteisi"gnature, is required to make this endorsement effective.) Effective 03 / 0 8 / 18 , this endorsement form part of Policy# MP0004014000837 Issued to (Name Insured) GALAXY PARTY RENTAL Countersigned by r` N-2018-056 WORKERS' COMPENSATION DECLARATION I Roberto Zavala hereby affirm under penalty of perjury, the (Nome/Title) following declaration: I certify on behalf of _Galaxy Party Rentals that during the term of my (Consultant/Company Name) contract for Santa Ana Public Library_ services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 03/21/2018 By. Name: Roberto Zavala Title: Co -Owner Telephone: 714-569-1638 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.