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A Garden Inc. A2017-237A2017-237 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 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 Compensation Not -to -Exceed: $ 4,750.00 ® Expiration Date: November 25, 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. AGREEMENT IS EFFECTIVE AS OF DATE LAST SIGNED BELOW. Company Name: By (Print name & title)- (� A Garden Inc. Audra Danzak 4 abari�( — Company Mailing Address: City, State, Zip: 3801 Las Vegas Blvd South Las Vegas, NV 89109 Phone: E -Mail Address: (702) 419-7525 audra@agardenfloral.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/Departm ei Vendor's Authorized Vendor's Authorized Contract Compliance Department Director/ Date initiated: 08/24/17 Date signed: C Date signed: Date Approved. Date Approve? `Il - 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. 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, 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. 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. .1 A R D E N A Style • Design • Decor Holiday Decor Installation Proposal -2017 Mike Adams 8/16/17 Chino Hills Community Services Department & City Hall Building Tentative Installation Date- Saturday November 25, 2017 A Garden Inc. will provide professional holiday decor installation for an existing 16 ft. Tree. City Hall One existing 16 ft. tree will be initially assembled and set up by The City of Chino Hills with all ornaments & decor brought to tree location. A Garden will install and stylizing all decor utilizing a narrow profile scissor lift, provided by A Garden. McCoy Equestrian Center The proposal for McCoy Equestrian includes decorating and stylizing one 9 foot tall rustic tree, materials will be brought to McCoy and tree will be set up for A Garden to fluff, decorate & stylize. City of Chino Hills Proposal includes decorating and stylizing one 12 foot and one 9 foot lobby trees. Both trees will be assembled and set up by City of Chino Hills with ladders provided. Budget & Payment Schedule Annual Total Cost: $4,750. 00 50% deposit $2,375.00 is required by November 15th with balance due upon project completion. Cost does not include new lights or decor if needed. Recommendations of any new decor can be provided upon request. Owner will set up all trees in the appropriate locations with all materials prior to decorating. A Garden will fluff tree branches and decorate all trees. Cost includes all travel costs, equipment and materials needed for the project with all decor installed and stylized by professional designers. Cost is based on decorating all areas in one full day estimated 8-10 hours. If the project runs into an additional day due to access a $300.00 cost per year will be added to the budget. Owner will remove and store all decor. Thank you! A Garden Floral is licensed and fully insured.