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Elliot, James A2015-77 ikt.5-"7 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. Only those items checked-off are MANDATORY,however If your standard policies exceed the minimum requirements please include. Commercial general liability Insurance must meet or exceed the requirements of ISO•CGL Form No.CG 00 01 11 85 or 88. The , amount of Insurance set forth below will be a combined single limit per occurrence for bodily Injury,personal Injury,and property damage for the policy coverage. Liability policies will be endorsed to name the City,Its officials,and employees as "additional insured's"under said Insurance coverage and to state that such Insurance will be deemed"primary"such that any other Insurance that may be carried by the City will be excess thereto. Workers'Compensation policies shall waive all rights of subrogation against City,its officers,officials,employees and agents for losses arising from work performed by Consultant for City. Such Insurance must be on an"occurrence,"not a"claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a Contract order or an authorization to begin work, ❑ Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least$1,000,000 per occurrence. The City of Chino Hills is to be listed as an additionally insured party. [Si Auto Liability,Including owned,non-owned and hired vehicles with at least: ❑ $1,000,000 per occurrence. ❑ 8100.000-300,000 per occurrence. ® As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ❑ Workers'Compensation Insurance:as required by State Statutes including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ❑ Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or , purchase said license(at no cost to the City). ® Scope of Services and/or Compensation Attachments ® Total Compensation Not-to-Exceed: $2.500.00 . ® Exoiration Date: August 31.2015 . PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU(VIA FAX OR HARD COPY)BY THE CONTRACT COMPLIANCE OFFICER,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Company Name: I By(Print name&title): James Elliot I James Elliot Company Mailing Address: I City,State,Zip: 255 N,El Cielo,Suite 140-62 I Palm Springs,CA 92262 Phone: I E-Mall Address: 760.699-8891 I ielliotmusic( vahoo.com Mall two copies of the original agreement along with proof of insurance to:City of Chino Hills—City Clerk,14000 City Center Drive,Chino Hills,CA 91709 Originator/Department Contact: Mike Adams . Date Initiated: 2120/15 Vendor's Authorized Signature: AA 4 / 1 A . ,, // Date 1 Risk Management Approval: s.'. �!-� /;b roved: 3—12.—IJ f Department oireclodCityManager Approval: /)1/11, •if , ' •/1's" /fa •ate Approver, /b '" __ _I I 1.GENERALLY. The services ( 'Contract') covered by this should any claim be brought against it by suit or otherwise, services agreement must be furnished by Contractor subject to all whether the same be groundless or not, arising out of the the terms and conditions contained in this contract which Contract or their performance, Contractor will defend City (at Contractor,In accepting this contract, agrees to be bound by and City's request and with counsel satisfactory to City)and indemnify comply with in all particulars. No other terms or conditions are City for any judgment rendered against It or any sums paid out in binding upon the parties unless subsequently agreed to in writing. settlement or otherwise. For purposes of this section °City` Written acceptance of all or any portion of the Contract covered includes City's officers, elected officials, and employees. It is by this contract constitutes unqualified acceptance of all terms expressly understood and agreed that the foregoing provisions and conditions in this contract. The terms of any proposal will survive termination of this contract. The requirements as to referred to in this contract are included and made a part of the the types and limits of insurance coverage to be maintained by contract only to the extent it specified the Contract,the price, and Contractor, and any approval of such insurance by City, are not the delivery, and then only to the extent that such terms are intended to and will not in any manner limit or qualify the liabilities consistent with the terms and conditions of this contract. and obligations otherwise assumed by Contractor pursuant to this 2.CHANGES. City may make changes within the general scope contract,including,without limitation,to the provisions concerning of this contract by giving notice to Contractor and subsequently indemnification. confirming such changes in writing. If such changes affect the 8.WARRANTY. Contractor agrees that the Contract is covered by cost of or the time required for performance of this contract, an the most favorable commercial warranties the Contractor gives to equitable adjustment in the price or delivery or both must be any customer for the same or substantially similar services, or made. No change by Contractor is allowed without City's written such other more favorable warranties as is specified in this approval. Any claim by Contractor for an adjustment under this contract. Warranties will be effective notwithstanding any section must be made in writing within thirty (30) days from the Inspection or acceptance of the Contract by City. date of receipt by Contractor of notification of such change unless 9.ASSIGNMENT.City may assign this contract. Except as to any City waives this condition in writing. Nothing in this section payment due under this contract, Contractor may not assign or excuses Contractor from proceeding with performance of the subcontract the contract without City's written approval. Should contract as changed. City give consent, it will not relieve Contractor from any 3. TERMINATION. This agreement will terminate on the date obligations under this contract and any transferee or noted unless extended in advance and in writing by the City subcontractor will be considered Contractor's agent. Manager or Department Director, as applicable. City or 10.INSURANCE. Contractor must provide the insurance Contractor may terminate this contract at any time,either verbally indicated on the face sheet of this Services Agreement. or in writing,with or without cause. Should termination occur, City 11.PERMITS. Contractor must procure all necessary permits and will pay Contractor as full performance until such termination the licenses, and abide by all federal, state, and local laws, for unit or pro rata contract price for the performed and accepted performing this contract. portion of the Contract. City may provide written notice of 12.INDEPENDENT CONTRACTOR. City and Contractor agree termination for Contractors default if Contractor refuses or fails to that Contractor will act as an independent contractor and will have comply with this contract. If Contractor does not cure such failure control of all work and the manner in which is it performed. within a reasonable time period, or fails to perform the Contract Contractor will be free to contract for similar service to be within the time specified(or allowed by extension), Contractor will performed for other employers while under contract with City. be liable to City for any excess costs incurred by City. Contractor Is not an agent or employee of City and is not entitled 4.TIME EXTENSION. City may extend the time for completion If, to participate in any pension plan, insurance, bonus or similar In City's sole determination, Contractor was delayed because of benefits City provides for its employees. Any provision in this causes beyond Contractors control and without Contractors fault contract that may appear to give City the right to direct Contractor or negligence. In the event delay was caused by City, as to the details of doing the work or to exercise a measure of Contractors sole remedy is limited to recovering money actually control over the work means that Contractor will follow the and necessarily expended by Contractor because of the delay; direction of the City as to end results of the work only. there is no right to recover anticipated profit. 13,WAIVER. City's review or acceptance of,or payment for,work 5.REMEDIES CUMULATIVE. City's rights and remedies under product prepared by Contractor under this contract will not be this contract are not exclusive and are In addition to any rights construed to operate as a waiver of any rights City may have and remedies provided by law. under this Agreement or of any cause of action arising from 6.PAYMENT, City will pay Contractor after receiving acceptable Contractors performance. A waiver by City of any breach of any invoices for services rendered and accepted. Drafts will not be term, covenant, or condition contained in this contract will not be honored. deemed to be a waiver of any subsequent breach of the same or 7.INDEMNIFICATION. Contractor agrees to Indemnify and hold any other term, covenant, or condition contained in this contract, City harmless from and against any claim,action,damages,costs whether of the same or different character. (including, without limitation, attorney's fees), Injuries, or liability, 14.INTERPRETATION. This Agreement was drafted in,and will arising out of the Contract, or their performance, regardless of be construed In accordance with the laws of the State of City's passive negligence, but excepting such loss or damage California,and exclusive venue for any action Involving this which is caused by the sole active negligence or willful agreement will be in San Bernardino County. misconduct of the City. Should City be named in any suit,or 4 The City of Chino Hills 11110, Community Services Department Cit)of Summer Concerts in the Park 2015 Chino Hills 1. City agrees to pay Group "Queen Nation" $2,500 for a one and one half-hour concert with no breaks within specified timeframe. 2. Group agrees to perform on WEDNESDAY.August 12. 2015 from 6:45 p.m.—8:15 p.m. at Veterans Park. Veterans Park is located on 14877 Eucalyptus Avenue, at the corner of Eucalyptus and Chino Hills Parkway in Chino Hills. 3. Group agrees to set-up its equipment prior to the concert,no earlier than 4:30 p.m. for a sound check at or before 6:15 p.m.,and will be ready to perform promptly at 6:45 p.m. 4. Group is solely responsible for transport, set up and supervision of all equipment owned and operated by Group. Group is responsible to work safely and properly supervise all concert-related activities. City is not responsible for any damage to Group's equipment or injury to any members of Group. 5. Group is responsible for the provision of workman's compensation insurance for employees of Group. The parties agree and understand that a Performer will not be an employee of the City,but will be solely an independent contractor acting under the terms and conditions specified herein and as a self-employed person,shall be solely responsible for payment for payment of federal and state income and other taxes, and will not be an employee of City for Worker's Compensation or any other purposes, will not have Unemployment Insurance Benefits, Social Security coverage or other employee benefits. Performer understands and agrees that neither Performer nor any person employed by Performer shall be in any way an employee of City as that term is defined in the California's Labor Code. 6. City agrees to pay Group via City of Chino Hills check at the completion of the concert, provided Group begins at 6:45 p.m. and performs until 8:15 p.in. If Group does not begin at 6:45 p.m. or ends the concert prior to 8:15 p.m. Group will not receive a check at the completion of the concert, but instead will receive a check via mail. Said check will be prorated at a reduced rate,reflecting the time not performed. 7. City will provide a 14'X 36'stage with necessary lighting and electrical outlets. 8. City will provide a complete sound system and professional operator. 9. Group agrees not to consume alcoholic beverages or illegal drugs in Veterans Park and understands that such substances are prohibited in Veterans Park. 10. Group agrees to exclude from their performance any lewd comments or gestures as well as comments, gestures ox songs that promote or practice any form of discrimination based on race, creed, color, national origin or sexual orientation. 11. Group may submit a Technical Ryder with the signed contract. 12. Group shall not subcontract the services required by this Agreement without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in 11. Group agrees to indemnify, defend and hold harmless City and all of its officers, agents and employees from any and all liability, claims, damages, or injuries to any person,including injury to Performer's employees and all claims, which arise from or are connected with the performance of or failure to perform the work of other obligations of this agreement, or as caused or claimed to be caused by die acts or omissions of Performer,its agents or employees, and all expenses of investigation and defending against same provided, however that this indemnification and hold harmless shall not include any claim arising from the active negligence, willful misconduct or sole negligence of the City,its agents or employees. 12. If automobiles are to be used to transport persons or equipment for the concert, the Group agrees to provide the City, prior to the concert,proof that automobile liability insurance will be in full force and effect at the time of the concert for each automobile to be used at the Minimum Liability Insurance Requirement in die State of California. 13. Group agrees to allow the City to photograph die Group and release die use of the photographs for publicity in City publications other information tools. 14. Failure to follow die terms in this agreement may cause die cancellation of the concert and/or a deduction of payment for damages. 15. This writing constitutes the entire agreement between the Group and City; there are no oral agreements or amendments between parties. This agreement shall not be amended except by a writing executed by both parties to this agreement.