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HomeMy WebLinkAboutDOYLE, DAVID; DBA ROCK N BOUNCE, LLCCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM 2020 �ES -6 Please complete this form in its entirety when the attached agreemen and all amendments (if any) are no longer in effect. CITY OF SA Note: If your agreement is grant related, please ensure that all grant retention requiremo,LsERK OF 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. COTC Office Use Only 4* 22 TA ANA DUNCIL The agreement with D(-X J t b No. N-2018-054 was completed on Ll IM; �R and final payment has been made. (List all amendments. Use space below if needed.) Department: YLc)A Phone/Ext.: Signature: Date: Revised: 10-18-16 P, LA — INSURANCE NOT ON PILE WORK MAY NOT PROCEED 6_ CLERK OF COUNCIL �� DATE- O: PRCS i f ) Silvia Cuevas AMUSEMENT DEVICE PROVIDER AGREEMENT THIS AGREEMENT is made and entered into this 111 day of April, 2018, by and between David Doyle dba:Rock N Bounce, LLC, (" Provider'D 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 supply Bungee Trampoline and Rock Walls for the City's ChiIdren's Day/Book Day (Dia de Jos Niftos) event to be held on April 21, 2018 ("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 drat it is knowledgeable in its field and that any services performed by Provider under this Agreement Nvill be performed in compliance with such standards as may reasonably be expected. NOW THERE'FORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Provider shall furnish (1) Bungee trampoline and (1) Rock wail, 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, and pick-up. The equipment shall be set-up and ready for operation by 11:00 a.m. on April 2111 at locations to be specified by City 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 the amount of One Thousand One Hundred Fifty Dollars ($1,150.00). The cost is identified in Exhibit B, attached hereto 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 which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. 3. TERM This tern of this Agreement shall commence on the first date written above and terminate on April 22, 2018, unless terminated earlier in accordance with Section 11 below. Page 1 of 7 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, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial General Liability Insurance. Consultant 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 Consultant's operations in the performance of this Agreement, including, without linutation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily raid personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 insureds provisions. b. Business automobile liabilityinsurance, 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 Section 3700 of the Labor Code, Consultant, if Consultant 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, Consultant 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 Consultant 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 Consultant 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 forthwith terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant 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 Consultant agrees to defend, and shall indemnify and hold harmless 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 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 Consultant 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. This indemnification provision shall survive any expiration or termination of this Agreement. Page 3 of 7 7. CONFLICT OF INTEREST Provider 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. 8. LIVE SCAN BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 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 copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: David Doyle dba Rock N Bounce, LLC, 211 Orange St., Unit B Newport Beach, CA 92663 Phone: (714) 697-8250 Email: rocknbounce yahoo.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 Page 4 of 7 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 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 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 is not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon seven (7) 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. 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, 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 in connection with any activities under this Agreement. Page 5 of 7 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 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. [signature page to follow] Page 6 of 7 N-2018-054 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ". MARIA D. I I AR d j `1-Clerk of the Council _ APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney By&�t1I�..�t�hrLi Lt LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: lq".�A. GERARDO MOUET Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager PROVIDER: ROCK N BOUNCE, LLC. Page 7 of 7 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Rock N Bounce LLC 211 Orange Street, Unit B Newport Beach, CA 92263 www.RocknBounce,com 714-697-8250 EVENT: Children's Day/Book Day (Dia de los Ninos) event SERVICE DATE(S): Saturday April 21, 2018 COMPENSATION: Not to exceed $1,150.00 DESCRIPTION: This vendor will provide entertainment services for a one -day event on Saturday, April 21, 2018 at the Main Library, 26 Civic Center Plaza, Santa Ana CA 92701. Rock N Bounce LLC will provide a Bungee Trampoline (llam-2pm) and a Rock wall (10:30am-1:30pm). The Bungee Trampoline and the Rock wall will each have one attendant for the duration of its services provided at the Children's Day/Book Day (Dia de los Ninos) event. The amount shall not exceed $1,150.00 total for services provided. The City will be responsible for setting up the space for the patrons attending and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to provide the services. 4/4/2018 Santa Ana Public Library Event 20181 Exhibit B Service Hours Hourly rate Estimated cost (1) Bungee trampoline 3 $200 $575 Rock wall 3 $200 $575 Delivery WAIVED Total $1,150 NON REFUNDABLE 50% DEPOSIT DUE UPON BOOKING WAIVED Remaining balance due within30 days of the event $1150 Event time 11:00 AM — 2:00 PM (Trampoline) 10:30am- 1:30 m Rock Wall) Delivery date Saturday, April 21, 2018 Delivery address Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92701 Contact Name & Phone Number Elvia Hernandez 714-647-5261 Please make check or money order payable to: Rock N Bounce Cash, check or money order accepted; Sorry No Credit Cards. Payment will be issued by customer within 30 days following the date of the event/service rendered. Thank you for your business! Equipment is on a trailer and must be towed into place by a vehicle Thank you for giving us the opportunity for your business. We have been in business since 1995 and have established a reputation for fun. We look forward to showing you that it is well deserved. Rock N Bounce LLC 211 Orange Street, Unit B, Newport Beach CA 92663 Phone:714-697-8250 Web: www.RocknBounce.com Email: RocknBounce@yahoo.com _"1 f+`v iru CERTIFICATE OF LIABILITY INSURANCE DATE /2D/YYYY) 02/28 02/28/2018 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 CERTIFICATE THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 lieu of such endorsement(s). PRODUCER Allied Specialty Insurance, Inc. 10451 Gulf Blvd Treasure Island, FL 33706-4814 NAMPC' Stephanie Moore PHONE 727-547-3121 FAX E A/C, N 1 MAIL smoore allleds ecialt com ADDRESS: Q P y INSURERS AFFORDING COVERAGE NAICp msuRERa: T. H.E. Insurance Company 12866 INSURED ROCK BOUNCE, LLC 211 Orange St. Unit B N-2018-054 Newport Beach, CA 92663. INSURERS: INSURER C: INSURER D : INSURERS: INSURER F -- ------ "-"'- navIO1v1Y IVUIYIumm: 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 ADDL'SUSR LTR TYPE OFINSURANCE DI POLICY NUMBER MMIDOYN MMIDD LIMITS A X, COMMERCIAL GENERAL LIABILITY CPP0101967-07 09/14/2017 9/14/2018 EACH OCCURRENCE $ 1,000,000 0 CLAIMS-MADE X OCCUR PREMISES Ea occurrence It 100,000 MED EXP (Any one person) $ - PERSONAL &ADV INJURY $ 1,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X 1 POLICY PRO- LOC JECT J PRODUCTS - COMP/OP AGO $ OTHER' AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT ANY O So accident l $ BODILY INJURY (Per person) $ OWNED OWNEDSCHEDULED POOP INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OAUTOS ONLY AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE _— $ Per accidentl g — I UMBRELLAUAB OCCUR an�° EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'UABILITY '* .. PER_ AERH $ YIN ANYPROPRIETOR/PARTNER/EXECUTIVE as E,L, EACH ACCIDENT It OFFICER/MEMBER EXCLUDED4 NIA +�-°,Y?r?j ,Q`�0 E.L. DISEASE - EA EMPLOYEE $ (Mandatary In NH) If yes, describe under^y.. E.L. DISEASE- POLICY LIMIT _ $ DESCRIPTION OF OPERATIONS below a", V " I a DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more apace Is requled) Event Date: 04/21/2018 Event Location: Santa Ana Public Library/Central - 26 Civic Center Plaza, Santa Ana, CA 92701 Additional Insured: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives as respects to the negligence of the named insured only. 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. Further this insurance will be deemed to be primary and non-contributory with respect to the insurance of such additional insured if you agreed to such a condition in the written contract with such additional insured. n verlv,n a Te+ ,,.., ,.,-., CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA. 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE REPRESENTATTIIVVEE C� V ©1 ........ 1 rlr.,ww name ano logo are registered marks of ACORD reserved. POLICY NUMBER: CPP0101967-07 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED 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): Event Date: 04/21/2018 Additional Insured: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives as respects to the negligence of the named insured only. Information required to complete this Schedule if not shown above, will be shown in the Declarations. 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, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C, CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 Page 11 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. J op CG 20 0110413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 N-2018-054 WORKERS' COMPENSATION DEQLA-RA,TLON I Jer Qy�� �Ow��r hereby affirm under penalty of perjury, the iNama"rnlc) following declaration I certify on behalf of &VA4.0-4C C that during the term of my (Crotsnitan(l nntpany Nana) contract for h.L u-X,kS� (yf ;. _ 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: By: Nam n Title: (Iio � 2gZ Telephone: 1 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SMALL 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. bX\,i 1pC