HomeMy WebLinkAbout2022 CON Thirty Five Productions - Audio Visual Equipment - MLK Community CenterF
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LIBRARY & COMMUNITY SERVICES
SERVICE AGREEMENT
This Community Services Service Agreement "Agreement" Is made and entered into by and between the CITY OF
NATIONAL AL CITY, a general law city and municipal corporation ("CITY"), and THIRTY TY FIVE PRODUCTIONS
("CONTRACTOR') who agree as follows:
I. Services to be Performed b CONTRACTOR: The CONTRACTOR male the following representations and agrees
to do the work described in accordance with the stated terms and conditions herein.
2. CAI !tl n- Services: Provide sound s_steidmicrop o hones jpQpLqundboard, , , disc I rr
um P r, r i n I ar 11 t i t an dprzes
Date: December 1, o ,_St rt Time: I I :OOamr d Time: :00 m
Location: MIX Jr. Co u lty -C nt r 0 E. 't 24' Street National City, CA 91950
. Term: The term of this Agreement shall commence on the 1 tb day of December 2022, and shall terminate on the
1 th day of December, 2022, unless earlier terminated pursuant to Section 111
. Compensation: The following shall be the. terms of payment to CONTRACTOR for services rendered:
Total Fee for Services Not to Exceed: 2 . Payment Terms: CITY will make payment with check on _Frida ,
December 16,2022 once -work is completed
. Method of P vment: The compensation provided in Section 4 shall be paid in full upon completion of services
rendered. The corn pensation provided in Section 4 shall be paid by CITY in the amount of ,t..
. lride endent CONTRACTOR: ACTOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent
or employee of the CITY. CONTRACTOR r 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 C ITI A T F 's employees are not
entitled to any of the rights, benefits, or pirivlleges of a CITY employee including, but not'limited to, overtime, medical or
Workers' ers' 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. C NTF ACT 's mplo Tees providing services under thls 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
emplyee.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 BIND MNIT ES") 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 vhatsoe er, 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 C I TRACT R'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.
. Insur nc : CONTRACTOR shall obtain and maintain Commercial General Liability ("CGL"Insurance, Automobile
Liability insurance (Any Auto), Worker's Compensation. Declaration; 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, II I EMNITEES 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 insurance and coverage
shall be available to II I E INITEESI 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 1NDEMN1TEES, which shall be submitted to the
May 2022
CITY. Any insurance or self-insurance maintained by INDEMNITEES shall be excess of the CONTRACTOR's insurance
and shall not contribute with it. The CONTRACTOR shall provide an endorsement that the workers compensation insurer
waives the right of subrogation against INDEMNITEES.
ITEES.
9. Commencement f 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 `l day's written notice.
11. Fawn W-9: CONTRACTOR shall provide the CITY a signed IRS Form W-9: 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 ITY.
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, AB508 (Business and Professions Code section 1 and the Child Abuse and Neglect
Reporting Act (Penal Code sections 11164 - 11 `I 7 . , unemployment insurance benefits, FICA laws, and income
reports, and that it and each and every person performing any of the services on C NTRAGTOR's behalf does and will,
at all times, comply with such requirements whether now in force or subsequently enacted.
14. Si nin _ thorit : The representative signing on the CO TRACT R'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; declares that such representative has read and understood this Agreement; and
(d) agrees on CO TRA T R's behalf to be bound by the terms and conditions herein.
City f National ional City:
Contractor Name THIRTY FIVE PRODUCTIONS___ Prepared by EI ana del ado fate_ 11 /1 1 0 _
Title _Recreation . u p rvi or
Title DJfM - Approved by Date
Signature Title : :� Check:
Representative lame Daniel . astillo
Date 12/1 / 2- Phone 0) 685.1644. - -- -.—
Address 447 Phillips Circle
_ Vista, CA 92083...
Email thirtyfiveprocluctionsgmail.com
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! insurance submitted and approved
pp .ed
Ma 2022