HomeMy WebLinkAbout2022 CON Jerry's Photo Booth - Themed Photo Booth and ServicesLIBRARY & COMMUNITY SERVICES
SERVICE AGREEMENT
This Community Services Service Agreement "Agreement" is made and entered Into by and between the CITY OF
NATIONAL CITY, a gerleral law olty and municipal rporaticn("CITY'), and Jerry's Photo Booth ("CONTRACTOR"
who agrees follows:
4 Servo be Per d !CONTFtACT : The CONTRACTOR makes the following representations and agrees
to do the work described in accordance with the stated terms and conditions herein.
,. Descriotion.of Ser Ice : Provide a photo booth with WInter themed props, unlimited 2x6 prints, online gallery, digital
copies, custom deign photo strip, backdrop, social media posting, stuplbreodown, delivery and aftendant during the
event.
Date. Friday, December ber 16, 2022 Start Time:;1 O �., .. Er d Tire:M)Qp-n1„ ., -. -
Location: Martin Luther Ring Jr. Community Center 140 E, 12th St. i atton l City, CA 91950
. Term: The term of this Agreement shall commence on the 1 t"day of December, 202Z and. shall terminate on the
16,hday of December, 2022, unless earlier terminated pursuant to SectIon 11.
. C r _ n atlg : The following shall be the terms of payment to CONTRACTOR for services rendered:
Total Fee for Services Not to Exceed: $549,00 Payment Terms: CITY will provide payment with check on Friday,
December 16, 2022 once work Is completed.
. Il eth d,, 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 $549,00.
6. Jrn t_ ITI A T : 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 a er lse fell control and supervision of all
persons assisting the CONTRACTOR ACTOIn 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 NTI A T l 's employees are not
entitled to any of the rights, benefits, or prlviJ g s of a CITY employee Including, but not 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' IT ALTO '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 t System " E! " 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.
Jndernntty To the fullest extent available under the fuel, t _CONTRACTORpgr s t_ f nd (with p n 1. p bl
tor CITY), Ider nify and hold harmless l the CITY and its respective officers, officials, agents, employees, an volunteers
(collectively "I DEi IT S") 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 arlsIng out of: 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 alleged PERS eligibility of any person performing services on CO T A T i 's behalf
or any employer and employee contributions for P l S 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. Jnsuranc: CONTRACTOR shall obtain and maintain Commercial General Liability "CGL"Insurance, minimum of
1,000,000 each occurrence, and $2,000,000 general aggregate, Automobile Liability Insurance (Any Auto), $100,000
each occurrence, end $200,000 general aggregate, Worker's er`s om r s tion 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 knits, INDEMNITEES ITE shall be Balled to coverage for the higher limits maintained
by the CONTRACTOR. Any avali bie Insurance proceeds in excess of the specified minimum limits of insurance and
coverage shallbe available to INDEMNITEES. CGL and auto liability policies shall be endorsed to provide that the
May 22
policies are primary and non-contributory to any insurance that may be carried by INDEMNITEES, which shall be
submitted to the CITY. Any. insurance or self-insurance maintained by IND Mi 1TEES 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.
9, Commencementof S .i : 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-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 perforated are authorized without the prior
written consent of the CITY.
13. Com liar ce vitb 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 Chid Abuse and Neglect
Reporting Act (Penal Code sections 11164 - 111 . , 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 tines, comply with such requirements whether now in force or subsequently enacted.
14. S!grting_Au h rity: The representative signing on the NT1 ACT R's behalf hereby (a) declares that authority has
been obtained to sign on the CONTRACTOR's ACTOR'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 CONTRACTORCONTRACTOR's behalf to be bound by the terms and conditions herein.
Contractor Name (,)_-_rf c_kcS ._ 0.1.-.19.-.73 a
Representative Name -;ipir"'o_----------- \ -" Title Recreation Supervisor
Title Approved b �, ,-- Date /216;i /7,2,-
Signature Title ••-' -� - . 0
-- �
� __ _._. — ram-- ---�- r-�—�� - � � ► . � - ---- - "' �--�
1S
Date _...TLISI 7 ......, Phone — 9rf€3L,._., Check; d
�Insurance submitted and approved
Address /4 %ro D.., C-ts-- 1,04
}
L.citi 1__4.1.-ft_
Email 3 cirj
CO Piet
City of National City:
Prepared by El ape Del ads Date i2. I S. I 2.2-1_
May 2022