HomeMy WebLinkAbout2022 CON Royal Entertainers & San Diego Santas - Holiday Performers, Santa114100.1itp
LIBRARY & COMMUNITY SERVICES
SERVICE AGREEMENT
This Community Services Service Agreement "Agreement" is made and entered into by and between the CITY OF
NATIONAL CITY, a general law city and municipal corporation ("CITY"), , and Royal Entertainers & San Diego Santas
('CONTRACTOR")who agree as follows:
'l. Services to be Performed by CONTRACTOR: The CONTRACTOR makes the following representations and agrees
to do the work described in accordance with the stated terms and conditions herein.
2. Description of Services: CONTRACTOR will provide performers for Santa, Mrs. Claus, and the Grinch. In addition
to a Loveseat Throne for a total of 7 hours. Performers should be at Kimball Park 30 minutes before the start of the
event. Delivery of a Loveseat Throne should be at the location before 12:00 pm to be ready for Fire Inspection.
Date: 12/10/2022 Start Time: 2:00 PM End Time: 9:00 PM
Location: Kimball Park —148 E. 12th Street, National city CA. 91950
8. Term: The term of this Agreement shall commence on the 1 day of November, 2022, and shall terminate on the 11
day of December, 2022, unless earlier terminated pursuant to Section 11.
4. Compensation: The following shall be the terms of payment to CONTRACTOR for services rendered:
Total Fee for Services Not to Exceed: $3,330.00 Payment Terms: A one-time check payment will be paid by December
1OE2022.
. Method of Payment: The compensation provided in Section 4 shall be paid in full upon completion of services
rendered. The compensation provided in Section 4 shall be paid by CITY in the amount of 3,330. 0.
6. Ind p nd nt_CO TRA TOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent
or employee of the CITY. CONTRACTOR has and shall retain the right to exercise full control and supervision of all
persons assisting the CONTRACTOR in the performance of the services hereunder, the CITY only being concerned with
the finished results of the work being performed. As such, the CONTRACTOR and CONTRACTOR's employees are not
entitled to any of the rights, benefits, or privileges of a CITY employee including, but riot limited to, overtime, medical or
Workers' Compensation Insurance, retirement benefits, or injury or other leave benefits. CONTRACTOR is solely
responsible for all such matters, as well as compliance with social security and income tax withholding and all other
regulations and laws governing such matters. CONTRACTOR's employees providing services under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit,
including, but not limited to, eligibility to enroll in California Public Employees Retirement System ("PERS") as an
employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee
contributions for PERS benefits.
7. Indemnity: To the fullest extent available under the law, the CONTRACTOR agrees to defend (with counsel acceptable
to CITY), indemnify and hold harmless the CITY and its respective officers, officials, agents, employees, and volunteers
(collectively "INDEI NiTEES against and from any and all claims, demands, liabilities, losses, damages to property,
injuries to, or death of any person or persons, and costs (including attorneys' fees and expert costs), of any kind or
nature whatsoever, resulting from or arising out of: (a) this Agreement; (b) the CONTRACTOR'S performance or failure
to perform the services; (c) any act or omission of the CONTRACTOR or its employees, agents or subcontractors or
their violation of any law; or (d) alleged PERS eligibility of any person performing services on CONTRACTOR's behalf
or any employer and employee contributions for PERS benefits on behalf of such persons as well as for payment of any
penalties and interest on such contributions. This section survives termination of this Agreement.
8. Insurance: CONTRACTOR shall obtain and maintain Commercial General Liability "CGL" Insurance, Commercial
Automobile Liability Insurance (Any Auto), Sexual Abuse and Molestation insurance and Worker's Compensation and -.-.---.---
Employer's Liability coverage, minimum um of $1,000,000 each occurrence, and $2,000,000 general aggregate; AND an
Additional Insured Endorsement naming the INDEMNITEES as additional insured. All defense costs shall be outside
the policy limits. If the CONTRACTOR maintains higher limits, INDEMNITEES shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of
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insurance and coverage shall be available to INDEMNITEES. NITEES. CGL and auto liability policies shall be endorsed to provide
that the policies are primary and non-contributory to any insurance that may be carried by INDEMNITEES, which shell
be submitted to the CITY. Any insurance or self-insurance maintained by INDEMNITEES shall be excess of the
CONTRACTOR's insurance and shalt not contribute with it. The CONTRACTOR shall provide an endorsement that the
workers compensation insurer waives the right of subrogation against INDEMNITEES.
9. Commencement of Services: CONTRACTOR shall not commence the performance of services under this Agreement
until the required insurance is approved by the City's Risk. Manager.
10. Termination: This Agreement may be terminated by the CITY upon one (1) day's written notice.
11. Form W-9: CONTRACTOR shall provide the CITY a signed IRS Form W-g: Request for Taxpayer Identification
Number and Certification.
12. Changes: This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No
changes or variations of any kind in the Agreement or the services to be performed are authorized without the prior
written consent of the CITY.
13. Compliance with Law: The CONTRACTOR represents and warrants that CONTRACTOR is familiar with the
requirements of all applicable federal, state and local laws and ordinances applicable to performing the services,
including, but not limited to, AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect
Reporting Act (Penal Code sections 11164 - 1117 . ), unemployment insurance benefits, FICA laws, and income
reports, and that it and each and every person performing any of the services on CONTRACTOR's behalf does and will,
at all times, comply with such requirements whether now in force or subsequently enacted.
14. Signing Authority: The representative signing on the CONTRACTOR's behalf hereby (a) declares that authority has
been obtained to sign on the CONTRACTOR's behalf; (b) agrees to hold INDEMNITEES harmless if it is later determined
that such authority does not exist; (c) declares that such representative has read and understood this Agreement; and
(d) agrees on CONTRACTOR's behalf to be bound by the terms andconditions herein.
City of National City:
Contractor Name rp l Entertainers Inc. Prepared by: Juanita Castaneda Date: 8/2312022
Representative Name Brittany Skipper Title: Recreation Supervisor
Title CEO Approved by: Joyce Ryan ,-ir-41Date
Signature_ Title: Director of Library r, d omm my Services
Date Oil 0/2022 Phone 619) 922-4830 Check: 0 Insurance submitted and approved
Address
9950 Scripps Lake Dr. Suite 105 San
Diego, CA, 92131
Email
Info@royalentertainers.com
May 2022