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Souvenir Entertainment A2017-107A2017-107 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. ® 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. • 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 Annual Compensation Not -to -Exceed: • Total Contract Compensation Not -to -Exceed: $12,000.00 • Expiration Date: August 9, 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: Souvenir Entertainment Company Street Address: 13905 Ramona Avenue, Suite H Phone: (909)644-2680 By (Print name & title): Phil Reyes City, State, Zip: Chino, CA 91710 E-Mail Address: souvenirent@yahoo.com„ Mail 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: Michael Adams Vendor's Authorized Signature: 7l At� /J /I �, Risk Management Approval: (-4 7/ / u %U Department Director/City Manager Approval: Date initiated: 2/8/2017 Date signed: :fri /- j7i /7 -/7-» Date Approved: // h 7 I I Date Approved: 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. 5.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, attomey'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. 8.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. City of Chino Hills The City of Chino Hills Community Services Department Summer Concerts in the Park Scope of Services for Souvenir Entertainment Exhibit A DESCRIPTION: This scope of services outlines details regarding professional audio services for the Summer Concerts in the Park Series and Independence Celebration. In this scope of services, the "City of Chino Hills" will be hereinafter referred to as "City" and "Souvenir Entertainment" referred to as "Contractor." CONTRACT TERMS: 1. Contract will consist of a one year contract starting summer, 2016 with City option for a second and third year. 2. A 10% increase will be applied to the per concert rate if options year two and/or three are picked up. The percentage increase will be based on the following years per concert rate. 3. An overtime rate of $300 per hour in one hour increments will be applied. Contractor, at their discretion, may waive any overtime payment for a concert encore if it ends by 8:30 p.m. Vendor MUST notify pre - designated City staff prior to overtime rate going into effect. 4. Contractor must be available for all dates and times as designated in Exhibit B. 5. Contractor is solely responsible for transport, set up, and supervision of all equipment owned and operated by Souvenir Entertainment. Contractor is responsible to work safely and properly supervise all concert sound related activities. City is not responsible for any damage to Contractor's equipment or injury to any members of Contractor. 6. City will pay Contractor via the approved City payment process upon receipt of invoice from Contractor. If Contractor is not ready to operate at the designated start time or concludes prior to the designated end time (see exhibit B), payment will be discounted at a rate of $100 for every fifteen minutes impacted. 7. Contractor must complete set-up of its equipment and sound check as designated in Exhibit B. 8. Following the conclusion of the sound check, Contractor will provide City approved background music services until the start of the concert and 20 minutes following the conclusion of the concert. 9. City will provide a stage with necessary lighting. 10. Contractor acknowledges that alcoholic beverages or illegal drugs are not permitted at designated location (see exhibit b). 11. Contractor agrees to exclude from their services any lewd comments or gestures as well as comments or gestures that promoted or practice any form of discrimination based on race, creed, color, national origin, or sexual orientation. 12. 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. 13. Failure to follow the terms of this scope of services may cause the cancellation of the services. ELECTRICAL: 1. City will provide an electrical power source 2. Contractor will provide 2-50 amp spider boxes with dedicated circuits and Edison plugs. Contractor will also provide 100ft 6/4 cable with 50 amp twist lock connectors. SOUND EQUIPMENT/STAFFING: 1. Contractor will provide at minimum one sound engineer, one stage tech, and one road crew to setup. 2. Contractor will provide an adequate outdoor venue concert package (2,500 attendees) with the minimum provided as listed below: a. F.O.H.: Soundcraft 32/4 mixing console b. Processing racks: DBX Eq's & Compression, FX TC Electronics, 200 ft. snake, 32 x 6. c. Microphones: Shure drum kit, Shure vocal and instrument mic stands, DI boxes d. Pre/Post concert playback: MP3lap top with 75,000 song titles. e. Amp rack: Crown touring series amplifiers, tri-amp system. f. TBL Touring Custom Proprietary Cabinets: 4 JBL Dual Sub 18" bass cabinets, 4 single 15' JBL top cabinets with 2" JBL compression drivers. g. Monitor mix from F.O.H Position: Includes processing, EQ's FX, 4 stage mixes, 6 stage wedges (full range). Exhibit B EVENT LOCATION: Veterans Park 14877 Eucalyptus Drive Chino Hills, CA 91709 EVENT DETAILS: 2017 City stage Contractor setup Scheduled sound Event Event Compensation Concert arrival completion time: check completion start end time: rate: Dates: time: time: time: June 14 _June 21 June 28 *Independence Celebration July 5 July 12 July 19 July 26 August 2 August 9 3:15 p.m. 5:15 p.m. 3:15 p.m. 5:15 p.m. 1:00 p.m. 3:00 p.m. 6:30 p.m. 6:30 p.m. 4:45 p.m. 7:00 p.m. 8:30 p.m. 7:00 p.m. 8:30 p.m. 5:00 p.m. 9:00 p.m. $1,320 $1,320 $1,320 NO CONCERT DUE TO THE HOLIDAY 3:15 p.m. 15:15 p.m. 3:15 p.m. 15:15 p.m. 3:15 p.m. 15:15 p.m. 3:15 p.m. 15:15 p.m. 3:15 p.m. 5:15 p.m. TOTAL COMPENSATION. 2017: $10,560 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 7:00 p.m. 8:30 p.m. I $1,320 7:00 p.m. 8:30 p.m. I $1,320 7:00 p.m. 8:30 p.m. $1,320 7:00 p.m. 8:30 p.m. I $1,320 7:00 p.m. 8:30 p.m. $1,320 City of Chino Hills CITY OF CHINO HILLS WORKERS' COMPENSATION DECLARATION 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: Name of Agent: Policy Expiration Date: Phone #: (K) 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 f Labor Code § 3700 I must immediately comply with those provisions or the a ement will jannatically become void. ei Si'nature7 I Date: / ar , 7, / 7 , yaa. 7,81.07;7ca,,.11T is;Bvmsw,®rs..a.:®%.070,1io,.o,,rm947,0::Lei.4,,,s4VTa.W..nir,,dFmd!ra:1M'..,9,,AMs�:,,4, • Agreement for: c1'D!/Y /r1�L�f� �ng74-7 Dated: Reviewed by: