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