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Los Angeles Partyworks, Inc. A2019-061Services Agreement A2019-062 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 cor�bined 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. // � ■ // ■ �►1 ■ // Comprehensive General Liabilitv, 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. Ai itn I i?hilitv ihrli irliny p��inorl nnn-p��,ine�l ?r��l hirarl �ohic�ag \y!+h at �a?ct: �� ■ � $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. Cvber Liabilitv Insurance: Consultant/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, as outlined in Attachment C. Workers' Compensation Insurance: as required by State Statutes including Waiver of Subrogation. (Not needetl 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: four thousantl seven huntlred thirty-five dollars and twenty-five cents ($4,735.25) � Contract Term Dates: Julv 3, 2019 Number of One (1) Year Renewals: PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEIN� SENT TO YOU (VIA FAX OR HARD COPY) BY THE CONiRAC7 C��IPLIANCE OFFIGEa, iHUS NU7HORIZIiVG CCJM�i�NCtIViEN � OF WORK FOR THE CITY. Company Name: Los Angeles Parfyworks, Inc. Company Street Address: 19712 Alpaca Street Phone: (626)305-6655 By (Print name & title): Raquel Perez City, State, Zip: South EI Monte, CA 91733 E-Mail Atldress: raQuel(�a partvworksinteractive.com Mail two copies of the original agreement along with proof of insurance to: City of Chino Hills – Community Services Department, 14000 City Center Drive, Chino Hills. CA 91709 Michael Adams Originator/Department Contact: Vendor's Authorized Signature:/' /I(i '�4-�;�< 51 �/ �� � Department DirectorlCity Manager Approval: Attest: City Clerk: Services Agreement r� —/ / / � _� age 1 of 3 212012019 Date initiated: Date signed: � "� I — P � Date Approve ��f ��� / Date signed: Los Angeles Partyworks, Inc. 1.GENERALLY. The services ("Contract") covered by this seroices agreement must be fumished 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 condi6ons are binding upon the pa�ties unless subsequently agreed to in writing. Written acceptance of all or any po�ion 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 pnce, and the delivery, and then only to the e�ent 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 subsequentiy 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 cheny2 by Contractcr is ailawed rvith�ut Cify's v�ritten approval. My claim by Contractor for an adjustment under this section must be made in writing within thi�ty (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 terrninate 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 wntten notice of termination for Contractor's default if Contractor refuses or fails to comply with this contract. ff 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 bayand Contrac;cr's cant�ol 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 nght 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 conceming 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 r�ore favorable warranties as is specifie� in this contract. Warranties will be effec6ve 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 wo�C 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 t� direct Coniractor 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, wo�C 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 Califomia, and exclusive venue for any action involving this agreement will be in San Bernardino County. Services Agreement Page 2 of 3 Los Angeles Partyworks, Inc. ATTACHMENT A Scope of Services & Compensation SCOPE OF SERVICES: Event: Independence Celebration Event Date: ,luly 3, 2019 Event Location: Veterans Park,14877 Eucalyptus Dnve, Chino Hills, CA 91709 Delivery T�me: 12:00 p.m. Complete Setup: 4:00 p.m. Event Time: 5:00 p.m. — 9:00 p.m. Strike Down Time 9:00 p.m. 1. Vendor agrees to provide the following rental equipment for the date and time specified above. � Equipment Quantitv � Games � Quarterback Attack Inflatable 1 � Tip the Clown � Full Court Press Inflatable 1 � Rink Ross � Game booths w/no attendants 9 � Game booths lights 9 � Chairs Plastic aluminum 15 � Tables � ft 17 � Milk Can Toss � 6 Ball Roll Down � BasketToss � �ow� the Rabbit Hole Quantity 1 1 1 1 1 1 2. Vendor will be responsible for transport, set-up, and strike down of all rental equipment. Equipment must be ready at the spec�ed time listed above. 3. Vendor agrees not to consume alcoholic beverages or illegal drugs on City properly or perform under the influence of such substances. 4. Vendor agrees to exclude any lewd comments, language, or gestures as well as comments, or gestures that promote or prac6ce any form of discrimination based on race, creed, color, national origin, or sexual orientation. 5. In the event of an unexpected occurrence during transit such as a vehicle accident or mechanical breakdown, Vendor reserves the right to substitute rental equipment with a product of equal or greater value. If Vendor cannot substitute rental equipment, a refund will be provided to City as listed below. 6. City will provide necessary power for lighting and inflatables. COMPENSATION: 1. In consideration of the Vendor providing the service(s) mentioned above, the City hereby agrees to pay the Vendor a sum not to exceed $4,735.25 (four thousand seven hundred thirty-five dollars and twenty-five cents). 2. Vendor will be paid a 50% deposit in the amount of $2,367 (two thousand three hundred sixty seven dolla�s) once the agreement has been executed, in the fo�rn of a check. The remaining balance, provided all services and stipulations have been met, will be mailed on Wednesday, July 10. If disputes arise or seroices are not performed as stipulated above, the City reserves the right to pro-rate payment of services. 3. In the event that a product cannot be replaced after an unexpected occurrence during transit, Vendor will be responsible to provide a full refund. Should any of these incidents occur, remaining balance payment will be mailed to Vendor within 6(six) weeks after the event. 4. Overume rates wifi be �{cUiated based oi� ihe origina! duratio� and price, an� sh�lf be ct�arged for esch hour or portion thsreof for equipment kept in operation beyond the scheduled end time. 5. A change may consist of additions, deletions, or modifications to the approved service agreement; the agreement sum and time being adjusted accordingly. A minimum of $165 (one hundred sixty five dollars) per change will be charged and an additional fee may be incurred due to loss of rental opportunity on deletions of items and logisticicoordination fee related to additions and modification of the original. CANCELLATION POLICY: 1. The City may cancel this contract up to 30 (thirty) days prior to the date of service without obligation of payment of services. Cancellations with less than 30 (thirty) day notice require 100% payment by the City or an alternative date may be chosen to fulfill the contract. 2. If cancellation occu�s with less than 14 days' notice due to inclement weather, Vendor must be notified no less than 24-hours before the start of the event. If the 24-hour cancellation requirement is met, full compensation shall be credited for future rentals. Failure to cancel within the 24-hour cancellation requirement will result in full compensation due. 3. Failure to follow the terms of this agreement may cause for cancella6on of services. Services Agreement Page 3 of 3 Los Angeles Partyworks, Inc.