Loading...
HomeMy WebLinkAboutNevada In-House Production, a dba of In-House Production - Services at Veterans Memorial AuditoriumAGREEMENT TO REFER SERVICES BETWEEN CITY OF FRESNO AND IN-HOUSE PRODUCTION Refer Services (hereinafter referred to as the "Agreement"), effective is entered between the CITY OF FRESNO, a municipal corporation d to as "C|TY"), and IN-HOUSE PRODUCTION dba Nevada ln- House Production, a Nevada corporation (hereinafter referred to as'PROVIDER"). PREFACE This Agreement sets forth the terms and conditions under which PROVIDER shall employ skilled House Technician(s) to perform a Scope of Work found in Exhibit A attached hereto and incorporated herein (hereinafter collectively referred to as the "Services"). RECITALS WHEREAS, CITY owns the Veterans Memorial Auditorium, located af. 2425 Fresno St., Fresno, CA 93721, which third parties utilize for various productions requiring the Services; and WHEREAS, CITY desires to refer PROVIDER's Services to third parties holding events at its Veterans Memorial Auditorium, and PROVIDER desires to provide such Services to such third parties for events, in full compliance with controlling federal, state and local laws, rules and regulations; and WHEREAS, PROVIDER employs individuals who possess unique and superior knowledge, skill, resources, training, and expertise in the rendition of the Services, and they are fully competent, qualified, authorized, and able to perform the Services, holding any and all required licenses, permits and/or approvals; and WHEREAS, PROVIDER provides such Services on a contract basis, as an independent contractor, possessed of and exercising the complete right to control the means of accomplishing said Services, and agrees to provide them to third parties holding events at the Veterans Memorial Auditorium ; and NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows: TERMS AND CONDITIONS 1. Term. This Agreement shall be effective from the date first set forth above ("Effective Date") and shall continue in full force and effect through February 28, 2018, with the possibility to extend the term of this Agreement on a yearto-year basis for up to two years on the same terms and conditions at the discretion of 2. the CITY'S Chief Administrative Officer or designee, subject to any earlier termination in accordance with this Agreement. Scope of Work. CITY agrees to refer PROVIDER's Services to all third partíes holding events at the Veterans Memorial Auditorium for the life of this Agreement. Such referral shall not create an employer-employee relationship between CITY and PROVIDER or any of PROVIDER's employees. PROVIDER shall employ skilled House Technician(s) described in Exhib¡t A. 2.1. PROVIDER acknowledges and agrees that any Services provided to third parties holding events at the Veterans Memorial Auditorium shall be on a non-exclusive basis. 2.2. The parties acknowledge and agree that the PROVIDER shall hire House Technician(s) when the event requires those workers. Compensation. lt shall be the obligation and responsibility of the PROVIDER to ensure that each employee working under an agreement resulting from the CITY's referral pursuant to this Agreement is compensated properly in accordance with the provisions of the Collective Bargaining Agreement between PROVIDER and Local 158. The current hourly rate for a House Technician is $38.37 per hour in 2016, and $39.92 per hour in 2017; however rates are subject to change at any time. Termination. Remedies and Force Majeure. 4.1. This Agreement shall terminate without any liability of CITY to PROVIDER upon thirty days (30) business days prior written notice by CITY to PROVIDER or by PROVIDER to CITY. 4.2. Upon any termination or expiration of the Agreement, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. 4.3. PROVIDER shall provide CITY with adequate written assurances of future performance, upon CITY's PARCS Director or designee's request, in the event PROVIDER fails to comply with any terms or conditions of this Agreement. lndemnitv. To the furthest extent allowed by law, PROVIDER shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, PROVIDER or any other person, and from any and all claims, demands 3. 4. 5. 6. and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. PROVIDER'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, fodeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers. lf PROVIDER should subcontract all or any portion of the work to be performed under this Agreement, PROVIDER shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. lnsurance Throughout the life of this Agreement, PROVIDER shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated no less than "A-Vll" in the Best's lnsurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The City of Fresno and each of its officers, officials, employees, agents and volunteers (hereinafter referred to collectively as "City") requires policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. Conflict of lnterest. Prior to CITY'S execution of this Agreement, PROVIDER shall complete a City of Fresno Conflict of lnterest Disclosure Statement. Said Statement is attached hereto as Exhibit C and incorporated herein by reference. During the term of this Agreement, PROVIDER shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by PROVIDER on Exhibit C. Nondiscrimination. PROVIDER shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. During the pedormance of this Agreement, PROVIDER will comply with all laws and regulations, as applicable. Specifically, no person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded 7. B. 9. from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. lnvalid Provisions. The provisions of this Agreement are severable. ln the event any term, covenant, condition or provision of the Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement. lndependent Contractor. PROVIDER is and throughout this Agreement shall be an independent contractor and not an employee, partner or agent of the CITY. However, CITY shall retain the right to verify that PROVIDER is performing his respective obligations in accordance with the terms hereof. 10.1. Because of its status as an independent contractor, PROVIDER and PROVIDER's employees shall have absolutely no right to employment rights and benefits available to CITY employees. PROVIDER shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. ln addition, together with his other obligations under this Agreement, PROVIDER shall be solely responsible for all matters relating to employment and tax withholding for and payment of PROVIDER's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. lt is acknowledged that during the term of this Agreement, PROVIDER may be providing services to others unrelated to CITY or to this Agreement. Partnership/Joint Venture. This agreement does not evidence a paftnership or joint venture between PROVIDER and CITY. Unless specifically provided for herein, the PROVIDER shall have no authority to bind the CITY absent CITY'S express written consent. Except to the extent othen¡vise provided in this Agreement, PROVIDER shall bear his own costs/expenses in pursuit hereof. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, by registered or certified mail, return receipt requested with postage prepaid, addressed to the 4 10. 11. 12. 16. 13. 14. 15. 19. 20. party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. 12.1. Personal seryice, as aforesaid, shall be deemed served and effective upon delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently served and effective as of 12:00:O1AM, on the fourth (4th) calendar day following date of deposit in the United States mail of such registered or certified mail, properly addressed and postage prepaid. Non-Assiqnment. This Agreement is personal to PROVIDER and there shall be no assignment by PROVIDER of his rights or obligations under this Agreement without the prior written approval of CITY. Non-Solicitation. PROVIDER represents and warrants that he has not paid or agreed to pay any compensation, contingent or othenruise, to solicit or procure this Agreement or any rights/benefits hereunder. Compliance with Law. ln providing the services required under this Agreement, PROVIDER shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any case, controversy or proceeding regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. Attorney's Fees. lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other pafty its reasonable attorney's fees and legal expenses in addition to any other relief to which such party may be entitled. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. General Provisions. 20.1. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all pafties, and each parties' respective heirs, 5 17. 18. 21. 22. successors, assigns, transferees, agents, seryants, employees and representatives. 20.2. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 20.3. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 20.4. ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 20.5. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. Final Aqreement. This Agreement and any documents, instruments and materials referenced and incorpoiated herein represents the entire agreement between the parties with respect to the subject matter hereof. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and PROVIDER. Recvcling Proqram. ln the event PROVIDER maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, PROVIDER at its sole cost and expense shall: 22.1 lmmediately establish and maintain a viable and ongoing recycling program, approved by CITY's Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. 22.2 lmmediately contact CITY's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. 6 22.3 Cooperate with and demonstrate to the satisfaction of CITY's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 23. Any notice required pursuant to this Agreement shall be deemed delivered if given in writing, mailed with postage prepaid, addressed and directed as follows (or at such other address as the parties may from time to time designate by written notice) CITY: PROVIDER: City of Fresno ln-House Production Attention: Manuel A. Mollinedo Attention: Patrick Bash 1515 E. Divisadero St. 6620 W. Arby Avenue Fresno, CA93721-1115 Las Vegas, NV Bg11B Phone: (559) 621-2900 Phone: (702) 631-4748 Fax: (559) 498-1104 Fax: (702)631-4027 il il lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. Manuel A. Mollinedo, Director Parks, After School, Recreation, and Community Services Department ATTEST: YVONNE SPENCE, CMC City Clerk Wl me: '\/¿td [if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary.l By: Lrs(lc APPROVED AS TO FORM: DOUGLAS T. SLOAN Addresses: CITY: City of Fresno Attention: Manuel A. Mollinedo 1 515 E. Divisadero St. Fresno, C493721-1115 Phone: (559) 621-2900 Fax: (559) 498-1104 Attachments: Exhibit A - Scope of Services Exhibit B - lnsurance Requirements Exhibit C - Conflict of lnterest Disclosure Form PROVIDER: ln-House Production Attention: Patrick Bash 6620 W. Arby Avenue Las Vegas, NV 891'18 Phone: (702) 631-4748 Fax: (702) 631-4027 CITY OF FRESNO, Title: [if corporation or LLC, Board or Vice Pres.l Amanda B. Fre an EXHIBIT A JOB DESCRIPTION Agreement for Services between CITY OF FRESNO and IN-HOUSE PRODUCTION Emplovment of House Technician HOUSE TECHNICIAN: This is the only union position that will be required at the Veterans Memorial Auditorium ("VMA") for all events. Duties are to oversee operations in and around the Veterans Memorial Auditorium for the CITY and work with CITY'S officials as required at the VMA. Upon request of the CITY, the House Technician may function as a liaison between the CITY and the show and/or promoter. House Technician's Duties may include but are not limited to the following: (1) House Technician will take the position as Union Job Steward on all work calls in or around the VMA. (2) Work with the VMA clients with opening (first one on site to open/un-lock the building) and closing the facility (last person to leave closing/lock the building). (3) Turning on basic work lights on stage and in the auditorium. (4) Turning light and sound equipment on as requested (5) Oversee the general use of building, theater, and associated common areas during move-ins, move-outs, rehearsals, performances and events. (6) Oversee the general housekeeping within the VMA. (7) Make sure all clients follow all safety standards set by the CITY, State and Federal regulations and their equipment is in safe working order. To oversee all on-site safety concerns in and around the VMA (8) Be the onsite building contact person for VMA events and answer client questions and concern as well enforcing rules when using the facility. (9) Make changes to the Marquee when requested by the client or CITY. (10) To request additional union stage technicians if required by the CITY, its clients, or when the client is unable to resolve the safety concerns within the VMA. (Exhibit A-2 ) (11) Responsible for making and maintaining the work calls based on the labor requirements provided by the Employer, or the CITY, or clients. (12) lnstituting any last minute revisions in work times, or labor calls as requested by the client. (13) Verifying times, reports, and reconciling them with payroll. (14) Observing, and reporting, of any or all injuries sustained on the job. (15) Making sure all VMA owned equipment is accounted for, and reports any damages to the CITY. (16) Making sure clients agreements are met and fulfilled before leaving at client's end of event. House Technician will notify the CITY on all matters. EXHIBIT A-2 ADDED JOB DESCRIPTIONS Agreement for Services between CITY OF FRESNO and lN-HOUSE PRODUCTION Employment of Added Employees other than House Technician if Required. KEY PERSONNEL Stage Carpenter: Carpenter to perform all moving of items on a stage, unpacking, assembly, erection, repair, use and removal of stage sets, backdrops, cudains, platforms, or any theatrical scenic elements, loading and unloading of trucks and working with all departments when use of the stage is required. Flyman: The Flyman will oversee the fly rail and what hangs from the moving arbors and pipes over the stage. Deal with ropes and rope locks on the rail, countenrueight system, curtains, curtain tracks, scenery hanging from fly rail, and working with all items that are attached to the fly rail system. Property Master: The handling of all elements intended for use by actors or speakers or others in front of an audience or as part of a presentation or production. Audio Technician: Operation of all elements of sound reinforcement and distribution, setting-up and striking of audio boards, microphones, amplifiers, audio cables, operation of audio boards for sound reinforcement within the showroom. ProjectionisWideo: One that works with anything that projects an image onto a surface using a single or multiple source setting, cabling, routers, switched through or into video walls, LED's or plasmas video screens or any size, retro boxes or screens, I-MAG, front or rear projection or any brand that may be incorporated through computers or any switching devices. All ENG, EFP, archive, or operating of video cameras for the event, show or presentation. Theatrical Lighting Technician: All lighting, on the stage or house that creates a mood and is incorporated through the use of dimmers packs or console controlled via robotic moving lighting units, programmable lighting, LED lighting. Setting-up, operating and striking of said equipment attached to the flyrail, truss support, ground support and running of all power cable, data lines for the working of lights. To program, operate of lighting boards for the event, show or presentation. RIGGERS Stage Riggers: To hang and install chain hoists, trusses used for lighting, using safety gear for hazardous work on or around the stage. To cover the work that goes above the flyman's duties. 2016 Key Personnel $3S.SB Riggers $51.50 2017 $36.92 $52.31 2018 $38.03 $53.88 Because final hourly numbers have employer taxes and workers insurance added into those number, and IHP is unable to control those numbers, hourly rates could change. lf taxes or workers insurance do change, a written letter will be sent explaining those changes and why. EXHIBIT B INSURANCE REQUIREMENTS Agreement for Services between CITY OF FRESNO and IN-HOUSE PRODUCTION Employment of House Technician MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: L The most current version of lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of lnsurance." 2. Workers' Compensation insurance as required by the State of California and Employer's Liability lnsurance. MINIMUM LIMITS OF INSURANCE PROVIDER, or any party the PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY :(i) $1,000,000 per occurrence for bodily injury and propefty damage;(ii) $1,000,000 per occurrence for personal and advertising injury;(¡ii) $2,000,000 aggregate for products and completed operations; and(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. WORKERS' COMPENSATION INSURANGE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: $1,000,000 each accident for bodily injury; $1,000,000 disease each employee; and (i) ( ii) (iii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE ln the event PROVIDER purchases an Umbrella or Excess insurance policy(ies)to meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). ln addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF.INSURED RETENTIONS PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PROVIDER shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of lnsurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to CITY, its officers, officials, employees, agents and volunteers; or PROVIDER shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEM ENTS All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. PROVIDER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, PROVIDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). ln the event any policy is due to expire during the work to be performed for CITY, PROVIDER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days priorto the expiration date of the expiring policy. (i) (¡i) (i) (i i)The Commerical General Liability policy of insurance shall be endorsed to name CITY, its officers, officials, agents, employees and volunteers as additional insureds. PROVIDER shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 2037 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form cG 20 10 11 85. (iii) All such policies of insurance shall be endorsed so PROVIDER's insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. lf PROVIDER maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by PROVIDER. (iv) Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (v) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. PROVIDING OF DOCUMENTS - PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-lSO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, PROVIDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the unden¡vriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of PROVIDER shall also be required to provide all documents noted herein. CLAIMS-MADE POLICIES - lf any coverage required is written on a claims- made coverage form: (i) The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by PROVIDER. (i¡) lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iii) lf coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, PROVIDER must purchase "extended reporting" period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to CITY for review. (v) These requirements shall survive expiration or termination of the Agreement. MAINTENANCE OF COVERAGE - lf at any time during the life of the Agreement or any extension, PROVIDER or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve PROVIDER of its responsibilities under this Agreement, The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by PROVIDER shall not be deemed to release or diminish the liability of PROVIDER, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROVIDER, its principals, officers, agents, employees, persons under the supervision of PROVIDER, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - lf PROVIDER should subcontract all or any portion of the services to be performed under this Agreement, PROVIDER shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and PROVIDER shall ensure that CITY, its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with PROVIDER and CITY prior to the commencement of any work by the subcontractor. EXH¡BIT C DISCLOSURE OF CONFLICT OF INTEREST Ad ministrative Hearinq Officer YES*NO 1 Are you currently in litigation with the City of Fresno or any of its aqents? tr 2 Do you represent any firm, organization or person who is in litiqation with the Citv of Fresno? tr 3 Do you currently represent or pedorm work for any clients who do business with the Citv of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the Citv of Fresno? tr 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? T 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Proiect? tr * lf the answer to anv question is ves, please explain in full below. Explanation: c(I (name) (city, state zip) ! Additional page(s) attached. Page 1 of 1 Marco Martinez-V From: Sent: To: Cc: Subject: Hi Marco- Diane Printz-White Wednesday, June 08, 20i.6 11:58 AM Marco Martinez-Velasquez Michelle Marchini; Amanda Freeman Service Agreement with In House production Regarding the Services Agreement for ln House Production: this agreement falls under the <S5O,OO0 threshold. TheStagehands provided by ln House to work in the Veterans Memorial Theater are paid directly by the groups renting thetheater with the payment never coming through the city. This arrangement has been in place for rrny y..r, and ís thepreferred way to handle payment by both ln House and PARCS. The City only pays ln House directly for stagehand services in cases of occasional theater consultant work or maintenance, which would be less than 55,600 in any givenyear. Díane ?ríntz-^Wñíte Jvlanaq ement Ana(y st I I City of Fresno PARCS - Parks, After School, Recreation & Community Services 1515 E. Divisadero Street Fiesno CA9372t (ss9) 621-29ss