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Pine Mountain Logs A2017-086A2017-086 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 insureds" 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, Auto Liability, including owned, non -owned and hired vehicles with at least: 0 $1,000,000 per occurrence. 1100,000 - 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.) EJ 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 F-1 Total Annual Compensation Not -to -Exceed: Total Contract Compensation Not -to -Exceed: $U00,00 -- Expiration Date: June 28, 2017 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: By (Print name & title): Dann Gillen Dann Gillen Company Street Address: City, State, Zip: 5277 Winterberry Avenue Simi Valley, CA 93063 Phone: E -Mail Address: (805) 210-0075 danngillen@danngillen.com Mail two copies of the original agreement along with proof of insurance to: City of Chino Hills —City Clerk, 114000 City Center Drive, Chino Hills, CA 91709 Originator/Department Vendor's Authorized Risk Management Appi Department Director/Cil Date initiated: 2114/17 Date signed -Z Date Approved: 3 - ,'2 2:~/Z Date Approved: e./ Z -( h 7 1.GENERALLY, The services ( "Contract") covered by this services agreement must be furnished by Contractor subject to all the terms and conditions contained in this contract which Contractor, in accepting this contract, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance of all or any portion of the Contract covered by this contract constitutes unqualified acceptance of all terms and conditions in this contract. The terms of any proposal referred to in this contract are included and made a part of the contract only to the extent it specified the Contract, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this contract, 2.CHANGES. City may make changes within the general scope of this contract by giving notice to Contractor and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this contract, an equitable adjustment in the price or delivery or both must be made. No change by Contractor is allowed without City's written approval. Any claim by Contractor for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Contractor of notification of such change unless City waives this condition in writing. Nothing in this section excuses Contractor from proceeding with performance of the contract as changed. 3. TERMINATION. This agreement will terminate on the date noted unless extended in advance and in writing by the City Manager or Department Director, as applicable. City or Contractor may terminate this contract at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Contractor as full performance until such termination the unit or pro rata contract price for the performed and accepted portion of the Contract. City may provide written notice of termination for Contractor's default if Contractor refuses or fails to comply with this contract. If Contractor does not cure such failure within a reasonable time period, or fails to perform the Contract within the time specified (or allowed by extension), Contractor will be liable to City for any excess costs incurred by City. 4, TIME EXTENSION. City may extend the time for completion if, in City's sole determination, Contractor was delayed because of causes beyond Contractor's control and without Contractor's fault or negligence. In the event delay was caused by City, Contractor's sole remedy is limited to recovering money actually and necessarily expended by Contractor because of the delay; there is no right to recover anticipated profit. S,REMEDIES CUMULATIVE, City's rights and remedies under this contract are not exclusive and are in addition to any rights and remedies provided by law. 6.PAYMENT, City will pay Contractor after receiving acceptable invoices for services rendered and accepted. Drafts will not be honored. 7.INDEMNIFICATION. Contractor agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Contract, or their performance, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City be named In any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Contract or their performance, Contractor will defend City (at City's request and with counsel satisfactory to City) and indemnify City for any judgment rendered against It or any sums paid out in settlement or otherwise. For purposes of this section "City" includes City's officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this contract. The requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this contract, including, without limitation, to the provisions concerning indemnification. &WARRANTY. Contractor agrees that the Contract is covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar services, or such other more favorable warranties as is specified in this contract. Warranties will be effective notwithstanding any inspection or acceptance of the Contract by City. 9.ASSIGNMENT, City may assign this contract. Except as to any payment due under this contract, Contractor may not assign or subcontract the contract without City's written approval. Should City give consent, it will not relieve Contractor from any obligations under this contract and any transferee or subcontractor will be considered Contractor's agent. 10.INSURANCE. Contractor must provide the insurance indicated on the face sheet of this Services Agreement 11.PERMITS. Contractor must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this contract. 12.INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and Is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this contract that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only. 13.WAIVER. City's review or acceptance of, or payment for, work product prepared by Contractor under this contract will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Contractor's performance. A waiver by City of any breach of any term, covenant, or condition contained in this contract will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this contract, whether of the same or different character. 14.INTERPRETATION, This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. The City of Chino Hills Community Services Department �nY� Independence Celebration 2017 Chino Hills Scope of Services for "Pine Mountain Logs" Exhibit A DESCRIPTION: This scope of services outlines details regarding a band performance for the Summer Concerts in the Park Series. In this scope of services, the "City of Chino Hills" will be hereinafter referred to as "City" and "Pine Mountain Logs - Dann Gillen" referred to as "Group." Co RACT TERMS: 1. Contract will consist of a live performance by Group on the date and location listed in Exhibit B 2. Group agrees to perform two, one hour sets with a 15 minute break within specified time in Exhibit B. 3. City agrees to pay Group agreed compensation rate listed in Exhibit B. A deposit of 50% will be issued by City to Group following the approval of the City service agreement. Payment for the remaining amount will be issued via check at the completion of the concert, provided Group begins at and performs until listed time in Exhibit B. If Group is not prepared to begin at or ends the concert prior to the scheduled time, Group will not receive a check at the completion of the concert, but instead will receive a check via mail. Payment will be discounted at a rate of $100 for every fifteen minutes the concert is delayed by Group. An encore may be played with approval from City staff and the contracted professional sound operator. 4. If Group cancels for any reason after City has issued the deposit, Group must pay back the full deposit amount within 30 days of notification. 5. Group agrees to set-up its own equipment prior to the concert and be prepared to complete sound check no later than time listed in Exhibit B. 6. Group is solely responsible for transport, setup, and supervision of all equipment owned and operated by Group. City is not responsible for any damage to Groups equipment or injury to any members of Group. 7. Group agrees not to consume alcoholic beverages or illegal drugs on City property or perform under the influence of such substances. 8. Group agrees to exclude any lewd comments, language, or gestures as well as comments, gestures, or songs that promote or practice any form of discrimination based on race, creed, color, national origin, or sexual orientation. 9. Group may submit a Technical Ryder for review with the signed contract. No request in the Technical Ryder is guaranteed. 10. In the event of inclement weather, City agrees to pay Contractor the agreed amount per concert. City will make the final decision to cancel due to inclement weather. 11. Failure to follow the terms of this scope of services may cause the cancellation of the services. SOUND EQUIPMENT/STAGE 1. City will provide a 14'x36' stage with necessary lighting. 2. City will provided a contracted professional sound operator, sound system, and electrical outlets. 3. Group may submit a stage plot with signed contract. Equipment request are not guaranteed. 4. City will provide waters, assorted drinks, and a dressing area for Group. Dressing area will consist of E -Z Ups and sidewalls. 5. City will provide nine (9), $10 meal tickets for each band member from a designated vendor on site. Page 1 Mbit B MT—NT LOCATION: Veterans Park 14877 Eucalyptus Drive Chino Hills, CA 91709 MNT DETAILS: TOTAL COMPENSAT14N, 2017; $5,600.00 Page 2 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL AND SUBJECTS 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 LABOR CODE § 3706, INTEREST, AND ATTORNEY'S FEES. I affirm under penalty of perjury under the laws of the State of California one of the following declarations: (_) I have and will maintain a certificate of consent of self -insure for workers' compensation, issued by the Director of Industrial Relations as provided for by Labor Code § 3700 for the performance of the work set forth the agreement with the City of Chino Hills. Policy No.: (_) I have and will maintain workers' compensation insurance as required by Labor Code § 3700 for the performance of the work for which the agreement with the City of Chino Hills is executed. My workers' compensation insurance carrier and policy number are: Carrier: Policy Expiration Date: Name of Agent: Phone #: (Z) I certify that, in the performance of the work set forth in the agreement with the City of Chino Hills, 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 Labor Code § 3700 1 must immediately comply with those provisions or the agreement will autolotically become void, - Date: I Signature Agreement for -&/I/,/ Dated: Reviewed by-