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Certified Santa International A2013-65 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 1185 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 purchase 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. © Auto Liability, including owned, non-owned and hired vehicles with at least: [ $1.000,000 per occurrence. • $100.000-300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. El Workers' Compensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ❑ Business License: The CONTRACTOR 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). ❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @(909)364-2600 if you have questions. © Scope of Services and/or Compensation Attachments ❑ Expiration Date: PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Company Name: ' By([Jpt name&title); C Certified Santa Internationals •p 1Company Street Address: end Aulhoriz d Si nature: e 1718 7th Street ICity,State,Zip: Date signed? San Fernando,CA 91340 /.9)&41//d IPhone: Vendor's Email address: (916)335-1890 7)5--6 I )3 /6. -,P_ Mika 60,y Mall two copies of the original agreement along with// pfopf of Insurance to:City of Chino Hills—City Clerk,14000 City Center Drive,Chino Hills,CA 91709 Originator/Department Contact: Yasmin Ibrahim ti-fl Date initiated: October 24.2013 Risk Management Approval: r / Date Approved: I (-13-t3 Department Head/City Manager Approval: __/v v Date Approved: �i - 13 13 1.GENERALLY. The services ( "Purchase") covered by this otherwise, whether the same be groundless or not, arising out of services agreement must be furnished by Seller subject to all the the Purchase or order, or their performance, Seller will defend terms and conditions contained in this order which Seller, in City (at City's request and with counsel satisfactory to City) and accepting this order,agrees to be bound by and comply with in all indemnify City for any judgment rendered against it or any sums particulars. No other terms or conditions are binding upon the paid out in settlement or otherwise. For purposes of this section parties unless subsequently agreed to in writing. Written "City" includes City's officers, elected officials, and employees. It acceptance of all or any portion of the Purchase covered by this is expressly understood and agreed that the foregoing provisions order constitutes unqualified acceptance of all terms and will survive termination of this order. The requirements as to the conditions in this order. The terms of any proposal referred to in types and limits of insurance coverage to be maintained by Seller, this order are Included and made a part of the order only to the and any approval of such insurance by City, are not intended to extent it specified the Purchase ordered, the price, and the and will not in any manner limit or qualify the liabilities and delivery, and then only to the extent that such terms are obligations otherwise assumed by Seller pursuant to this order, consistent with the terms and conditions of this order. including, without limitation, to the provisions concerning 2.CHANGES. City may make changes within the general scope indemnification. of this order by giving notice to Seller and subsequently 8.WARRANTY. Seller agrees that the Purchase is covered by the confirming such changes in writing. If such changes affect the most favorable commercial warranties the Seller gives to any cost of or the time required for performance of this order, an customer for the same or substantially similar services, or such equitable adjustment in the price or delivery or both must be other more favorable warranties as is specified in this order. made. No change by Seller is allowed without City's written Warranties will be effective notwithstanding any inspection or approval. Any claim by Seller for an adjustment under this section acceptance of the Purchase by City. must be made in writing within thirty (30) days from the date of 9.ASSIGNMENT. City may assign this order. Except as to any receipt by Seller of notification of such change unless City waives payment due under this order, Seller may not assign or this condition in writing. Nothing in this section excuses Seller subcontract the order without City's written approval. Should City from proceeding with performance of the order as changed. give consent, it will not relieve Seller from any obligations under 3. TERMINATION. City may terminate this order at any lime, this order and any transferee or subcontractor will be considered either verbally or in writing, with or without cause. Should Seller's agent. termination occur, City will pay Seller as full performance until 10.INSURANCE. Seller must provide the insurance indicated on such termination the unit or pro rata order price for the performed the face sheet of this Services Agreement. and accepted portion of the Purchase. City may provide written 11.PERMITS. Seller must procure all necessary permits and notice of termination for Seller's default if Seller refuses or fails to licenses, and abide by all federal, state, and local laws, for comply with this order. If Seller does not cure such failure within a performing this order. reasonable time period, or fails to perform the Purchase within the 12.INDEPENDENT CONTRACTOR. City and Seller agree that time specified (or allowed by extension), Seller will be liable to Seller will act as an independent contractor and will have control City for any excess costs incurred by City. of all work and the manner in which is it performed. Seller will be 4.TIME EXTENSION, City may extend the time for completion if, free to contract for similar service to be performed for other in City's sole determination, Seller was delayed because of employers while under contract with City. Seller is not an agent or causes beyond Seller's control and without Seller's fault or employee of City and is not entitled to participate in any pension negligence. In the event delay was caused by City, Seller's sole plan, insurance, bonus or similar benefits City provides for its remedy is limited to recovering money actually and necessarily employees. Any provision in this order that may appear to give expended by Seller because of the delay; there is no right to City the right to direct Seller as to the details of doing the work or recover anticipated profit. to exercise a measure of control over the work means that Seller 5.REMEDIES CUMULATIVE. City's rights and remedies under will follow the direction of the City as to end results of the work this order are not exclusive and are in addition to any rights and only. remedies provided by law. 13.WAIVER. City's review or acceptance of,or payment for,work 6.PAYMENT. City will pay Seller after receiving acceptable product prepared by Seller under this order will not be construed invoices for services rendered and accepted. Drafts will not be to operate as a waiver of any rights City may have under this honored. Agreement or of any cause of action arising from Seller's 7.INDEMNIFICATION. Seller agrees to indemnify and hold City performance. A waiver by City of any breach of any term, harmless from and against any claim, action, damages, costs covenant, or condition contained in this order will riot be deemed (including, without limitation, attorney's fees), injuries, or liability, to be a waiver of any subsequent breach of the same or any other arising out of the Purchase or the order, or their performance, term, covenant, or condition contained in this order, whether of regardless of City's passive negligence, but excepting such loss the same or different character. or damage which is caused by the sole active negligence or willful 14.INTERPRETATION. This Agreement was drafted in,and will misconduct of the City. Should City be named in any suit, or be construed in accordance with the laws of the State of should any claim be brought against it by suit or California,and exclusive venue for any action involving this agreement will be in San Bernardino County. C'ea•tifi g d ti I_aat3a-a1Lxtico ilia i A Division of Whitaker Entertainment Enterprises, LLC. 1718 7'h Street, San Fernando, Ca, 91340 www.CertifiedSanta.com 916-715-5224 206-339-1690 fax INVOICE Invoice date: October 23, 2013 Event Location: McCoy Equestrian&Recreation Center 14280 Peyton Drive, Chino Hills, CA 91709 Event Date/Time: December 5, 2013, Spm to 7pm Contact person: Yasmin V. Ibrahim Contact number: 909-538-1230 Event Description: Adopt a Family Program, photos with Santa Santa: Don White Pricing: $150.00 per hour Total Due: $300.00 Deposit/Retainer Fee: Balance: $300.00 Accepted forms of payment are: Visa, Mastercard, Discover, American Express and company checks. Make checks payable to: Certified Santa International. We do not accept personal checks. This invoice and its enclosed pricing is valid for 14 days. If payment has not been received within the 14 days a new request must be submitted, CANCELLATION POLICY: Cancellation fees apply. Cancellations made within 14 days of invoice date will be eligible to receive a full refund, less a SSO service fee. Cancellations received after the stated deadline will not be eligible for a refund. Cancellations will be accepted via phone,fax, or e-mail and must be received by the stated cancellation deadline. Refunds will be credited back to the original customer via the same form of payment that was received.