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Home My WebLink About2022 CON Thirty Five Productions - Audio Visual Equipment - Kimball ParkN A04-04F"'-- :0, 1717 ,-01,81i I oft /if 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 THIRTY FIVE PRODUCTIONS S (CONTRACTOR")who agree as follows: 1, aprvicesle.beReermeday,C. TRAQT I : The CONTRACTOR ACTO makes the following representations and agrees to do the work described in accordance with the stated terms and conditions herein. D.escriptlori of Services.: - Provide r _ r t rn I two r i r ph nos 1 ptopi udb rcli, disc racer ,_ moving dance l i h s one iight^p--trot_ rrs, Date: December mber 10, 2 2 Start Time: 12:00pnLEnci Time: 9:00pm Location: Ki bail I rk.. r J .lc t ork 1-VAyonue . Terni: The term of this Agreement shall commence on the 1 th day of December, 2022, and shall terminate on the olh day of December, 2022, unless earlier terminated pursuant to Section ill . , pompen atio : The following shall be the terms of payment to CONTRACTOR I for services rendered: Total Fee for Services Not to Exceed: $1,860.00 Payment Terms: CITY will make payment .with heck on Saturday, December e! 2 once ward is onn letd. . Method oLRran nt: 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 i t„. 6. Jnpend..t.QCN.....OR: 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 I In the performance of the services hereunder, the CITY only being concerned with the finished results of the work being performed. s such, the CONTRACTOR and C TF ACT 's employees are not entitled to any of the rights, benefits, or privileges 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 ,natters. C NTRACT I 's employees providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims t, any compensation and benefit, including, but not limited to, ell ibility to enroll in California Public Employees Retirement System ("PERS") an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contrlbutios for PERS benefits, 7. -I nity�: To the fullest extent available under the law, the CONTRACTOR agrees to defend (with counsel acceptable to CITYr), indemnify and hold harmless the CITY and its respective officers, officials, agents, employees, and volunteers (collectively "I DEi N ITEES") 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 find or nature whatsoever, resulting from or arising out of: (a) this Agreement; (b) the CONTRACTOR'S 'S performance or failure to perform the services; o 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 1Tl ACT '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. . ,Insurance: 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 Il 1DE1 i [ITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR maintains higher limits, IN EMNITE S shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. R. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to IND I INITEES. 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 I IDEMNITEES, which shall be submitted to the May 2022 CITY, Any insurance or self-insurance maintained by INDEMNITEES shall be excess of the C NTl ACT 's insurance and shall not contribute with it, The CONTRACTOR shall provide an endorsementth t the workers compensation Insurer waives the right of subrogation against INDEMNITEES. . Commencement of Services: CONTRACTOR ACT shall not commence the performance f services under this Agreement until the required insurance is approved by the City'City's Risk Manager. 10. Termination; This Agreement may be terminated by the CITY upon one I days written notice. 11. jp.rrn_W,: CONTRACTOR shall provide the CITY a signed IRS Form W- : Request for Taxpayer Identification Number and Certification, 12. fflng: This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No changes or varlations of any kind in the Agreement or the services to be performed are authorized without ut the prior written consent of the CITY. 13. Cornlino __ r►ith _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, A (Business and Professions Code section and the Child Abuse and Neglect Reporting Act (Penal Code sections 111 - 11 4 3), 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. a, nin - Aut grit : The representative signing on the CONTRACTOR'S behalf hereby (a) declares that authority has been obtained to sign on the C TI ACT f 's behalf; (b) agrees to hold INDEMNITEES harmless If it is later determined that such authority does not exist; o declares that such representative has read and understood this Agreement; and (d) agrees on CONTRACTOR'S behalf to be bound by the terms and conditions herein. City of National City: Contractme THIRTY 1 E PRODUCTIONS Prepared by El ana Dei a --- I ate, _.. . Representatilve: e Daniel A. C till° Title pr~ ti ri_$u rvl or Title -- J Approved b ., Date 13 Signature Title__ I_(h -- w Date2/1/22 'Phone 6 6851644 Check: • Insurance subm i d and approved Address_1447....Phillips Circle _I,t.,CA 92083 Email thirtyflypproductions@qr .il.c r -- May 2022