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HomeMy WebLinkAbout2012 CON Nomad Arts - 125th Anniversary Picnicr CITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT # (This form can only be used for relatively low risk services as determined by the Purchasing Agent, City Attorney, or Risk Manager) This contract dated this 20 day of August, 2012, is made by and between the CITY OF NATIONAL CITY, a municipal corporation, (hereinafter "CITY"), and Nomad Artz (CONTRACTOR). NOW, TIIEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide one-time services as outlined in attached proposal, Exhibit `A'. 2. Length of Agreement. Work to be started on September 22, 2012 (between 11 am and 3 pm) and, completed on the same date. 3. Compensation. The compensation for CONTRACTOR'S work shall be based upon (and not exceed) the rates given in Exhibit 'A' (the labor rates) without prior written authorization from the Purchasing Agent. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one time cost of $4,400 . 4_ Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing written notice to CONTRACTOR, 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. tEr-If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City 1243 National City Blvd National City, CA 91950-4301 8. Prevailing Wage. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, §§1720, 1720.2, 1720.3, 1720.4 and 1771. Contractor is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, Hiles, and regulations. 9. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any Liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 10. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Miscellaneous Provisions. 2 A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR. CONTRACTOR _x_ Sole Proprietorship (one signature) Signature: Print Name: Company Name: Address: Phone: Email: P-e Title: (1 o, A. Q- ?, (36 sl c, (M NLI Fax: C, Y _3 i t, 2 S Grnc.cl c ram. (¢ "Taxpayer I.D. #: 3-0 S aSz t S o 3 CITY City of National City 140 E. 12th Street, National City, CA. 91950 Ph: (619)336-4290 Fx:(619)336-4292 baulston@nationalcityca.gov 4 Brad Raulston Executive Director of Community Development Dated: (Revised 8/12) lc Entertainment Ec ect J CLIENT INFORMATION Loren Maxilom City of National City 125 City Birthday LmaukOm6i naticmalcit\ca.goV 619-336-4289 Address: Website: http://www.ci.national-city.ca.us/ EVENT INFORMATION Sept 22,2012 Location: National City in Kimball Park Theme: 1887 / old school community picnic feel Time: l lam — 3pm (4hrs) Guests 300 — 500 EXHIBIT A (PAGE 1/1) TYPE OF ENTERTAINMENT REQUESTED: Juggler: 4 hours with breaks. Classes and Shows. Living Music Box: 4 hours with breaks. Stilt Walker: 4 hours with breaks. Photographer: onsite for 4 hours : includes: Event Coverage/ Includes 2hr post production/ 150 medium res digital pictures/Pictures Burned to Dvd or uploaded to website or FTP. All entertainers to be dresses in 1887 time period costuming. FINANCIAL AGREEMENT: A La Cart Rate: $4,400 Package Rate if paid by Sept 22: $3,960 (10% discount) Payment made to: Nomad Artz , 4723 Bancroft St , San Diego, CA 92116 EIN# 20-5050150 Check # $ Cash $ Credit Card: Visa / Master Card # Expiration Date: Billing Zip Code: Last 3 digits on back Amount: $ *(add 4% for credit card "cash/check pricing discount above") RIDER On the day of the event our performers will need the following: • Free parking at the venue and near the performance area. • Water to Entertainers • A private dressing room near the performance area • An electrical outlet near performance area. If one area please provide an extension cord. • All pets must be put away during the performance. is not near performance Overtime: Begins at 3:l0pm If Entertainers are detained at the event longer than the agreed time, an extra $100 per entertainer per 1/2 hour will be paid by the Client directly to Nomad Artz within 15 days of event. 1 Form YID-9 (Rev. January 2005) Department of the Tensor/ Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) 6✓"lr -Q i, -r - Business name, it different from above IndividuaV Check appropriate box: ❑ Sole proprietor ❑ Corporation ❑ Partnership ❑ Other ► Exempt from backup ❑ withholding Address f (number, tstreet, and apt. or^suiitte no.) e 1 2 J t.A'•T ' c-r U J C't- 'f"rG- 1G Requester's name end address (optional) City, state, and ZIP code 5'91-1 >7I'C] Crn a 2- i ( List account numbers) here (optional) Part 1 Taxpayer Identification Number Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals. this is your social security number (SSN). However. fora resident alien. sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, R is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. Note. /f the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number or Employer identification number 1IO5 I5lHI)I5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contnbutions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends. you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here Signature of U.S. person ► Date ► Aug 16, 2012 Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes you are considered a person if you are: o An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or ® Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Cat. No. 10231X Form W-9 (Rev. 1-2005) i-�, ® AC o CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlY'lYY) 06/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER RJF Minneapolis 7225 Northland Dr N #300 Minneapolis, MN 55428 CONTACT Stephanie Weiss PHONE 715-246-8908 FAX 715-246-4257 (A/C. No. Elu): (Ala, No): E-MAIL certs@specialtyinsuranceagency.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC S INSURER A: Lexington Insurance Company 19437 INSURED Performers of the U.S. and Club Members Phone: 715-246-8908 Fax: 715-246-4257 Attn: Stephanie Weiss PO BOX 24 New Richmond, WI 54017 INSURER B: INSURER C : INSURER D: INSURER E: INSURER F : • COVERAGES lice l lr.VM, c rn,ni n,.. -' — - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL INSR SUBRI Wy0' POLICY NUMBER POLICY EFF ( M/DDIYYYYI POLICY EXP (MDDJYYYYI M/ LIMITS LTR A GENERAL X X LIABILITY COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE X 1 OCCUR LX9776 08104 X 1 X 014245884 04/25/12 04/25/13 EACH OCCURRENCE $ 3.000.000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL A ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 5,000,000 X LX0404 PRODUCTS - COMP/OP AGG $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY JECT PER: LOG $ - - LIABILITY ANY AUTO ALL OWNED SCHEDULED (E cider SINGLE LIMIT COMBINEDAUTOMOBILE a accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accMem) $ PROPERTY DAMAGE (Peso, accident) $ $ UMBRELLA LIAB EXCESS LIAR 7 OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS AND ANY (Mandatory (Mandatory If yes, D DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space I required) PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S. (FORM LEXD00O21 LX0404): Gabriel S. and Leilainia R. Penix dba Background Productions, Nomad Artz Additional Insured: Kimball Park, City of National City, 1243 National City Blvd., National City, CA 91950-4301 Attn: Lauren D. Maxilom Email: LMaxilom@nationalcityca.gov CERTIFICATE HOLDER Kimball Park. 148 E. 12th Street National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT # 011 This endorsement, effective 12:01 AM 04/25/2012 Forms a part of policy no.: 014245884 Issued to: PERFORMERS OF THE U.S. CLOWNS OF THE U.S. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY, COVERAGE APPLICABLE TO COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (SECTION I - COVERAGES) ONLY A. Section II - Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described A additional insured under this endorsement is limited as follows:: 1. COVERAGE A BODILY INJURY AND PROP- ERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an additional insured with respect to liability arising out of "your work" or "your product". 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an archi- tect's, engineer's, or surveyor's rendering of or failure to render any professional services, including, but not limited to: i. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii. Supervisory, inspection, architectural, or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "product -completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. C. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with ail of the policy's terms and conditions. Failure to comply with this provision may, at our option, result in the claim or "suit" being denied. Authorized Representative OR Countersignature (In states where applicable) Includes copyrighted information of the Insurance Services Offices, Inc., with its permission. All rights reserved. LX9776 I0&,041