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CITY OF RICHMONDSHORT FORM CONTRACT
Department: RECREATION , Project Manager: DEBBIE HERNANDEZProject Manager E-mail: [email protected] Project Manager Phone No: 307-8086PRNo: Vendor No: P.O.!Contract No:
Description of Services:
Dragon and Lion Dance Performance for 2011 Chinese New Year at the Richmond Memorial Auditorium on February 5,2011.
1. Parties. The parties to this Agreement are the Cityof Richmond (herein referred to as the "City") and thefollowing named Contractor:
LEUNG'S WHITE CRANE DRAGON LION DANCE(Company) ASSOCIATION
(Street Address) 32 ST. LOUISE ALLEY
(City State, Zip Code) SAN FRANCISCO, CA 94133
(Contract Person) DANIEL LEUNG
(E-mail)[email protected]
(Telephone) (415) 720-8830
(Fax Number)
Richmond Business License No.
Expiration Date:
2. Term. The effective date of this Agreementis February 1, 2011and It terminates February 28, 2011unless sooner terminated as provided herein.
3. Payment Limit. City's total payment to Contractorunder this Agreement shall not exceed ($10,000.00)including expenses unless a contract amendment hasbeen approved by the City Councilor City Manager.
6. Contractor's Obligations.
To the satisfaction of the City's ProjectManager, Contractor shall provide thefollowing services:Provide a Dragon and Lion Dance
performance on Feb. 5, 2011 at the
Richmond Memorial Auditorium for the
annual Chinese New Year
7. Supplemental Conditions. ThisContract is subject to the SupplementalConditions attached hereto, which areincorporated herein by this reference.
8. Insurance Provisions. This Contract issubject to the Insurance Provisions whichare attached hereto and are incorporatedherein by this reference.
9. Signatures. These signatures attest theparties' agreement hereto:
CITY:
CITY OF RICHMOND, CAa municipal corporation
. .. . Cit Mana er r Desi nee4. City's Obligations. City shall pay the Contractor a y g. gnot to exceed amount of $ 1,1 00.00 Ge>f\ff~ORas total payment for all services rendered. CI I A' ~
5. Location of Services. Contractor shall perform the "'--~----P'.? d d S b itt d b. t f rth h . t th f II . I t· re are an u rru e y:services se 0 erern a e 0 owmg oca Ion: /,'. $OJ
Richmond Memorial Auditorium Project Manager Telephone:
Short Form ContractlEJ/TE 09-26-07
I Date: iZit'7/(DI >
For the Contract between the City ofRichmond andLEUNG'S WHITE CRANE DRAGON LION DANCEASSOCIATION
£5
SUPPLEMENTAL CONDITIONS
1. It is expressly agreed that Contractor is to perform the services described herein as anindependent contractor pursuant to California Labor Code Section 3353, under the control ofthe City as to the result of his work only but not as to the means by which such result isaccomplished. Nothing contained herein shall in any way be construed to make Contractor orany of its agents or employees, an agent, employee or representative of the City. Contractorshall be entirely responsible for the compensation of any assistants used by Contractor inproviding said services.
2. This Contract shall automatically terminate when the total accumulated compensation paid ordue to Contractor under this Contract reaches $10,000.00. The City shall not be responsiblefor compensating Contractor for any amounts in excess of $10,000.00 .:
3. Either the City or Contractor may cancel this Contract at any time upon giving the other partyten (10) days' written notice of such cancellation. In the event of cancellation, the City shall beliable only to pay to the Contractor compensation for services rendered up to the date of theContract's cancellation.
4. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractorhereunder without the prior written consent of the City.
5. Contractor shall indemnify, defend and hold the City harmless from and against all claims,demands and causes of action for injury, death or damage to any person or property whichmay arise or result from the contractor's performance of this Contract or from acts or omissionsof any person(s) employed by Contractor.
6. Contractor agrees to observe all applicable laws including, but not limited to, the provisions ofSection 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor orsubcontractor under a contract or subcontract to the City of Richmond for public works or forgoods or service to refrain from discriminatory employment practices on the basis of the race,color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, orapplicant for employment with, such contractor or subcontractor.
7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City ofRichmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if theContractor does not make more than five thousand dollars ($5,000.00) within the City ofRichmond during the fiscal year, then the Contractor shall be exempt from obtaining a City ofRichmond business license.
8. If this Contract does exceed five thousand dollars ($5,000.00), or if Contractor does makemore than five thousand dollars ($5,000.00) within the. City of Richmond during the fiscal year,then a City of Richmond business license shall be obtained before any payment under thisContract shall be authorized and the business license must be kept current during the term ofthis Contract for payments to continue to be authorized.
Short Form Contract Supplemental Conditions/EJITE 09-26-07
For the Contract between the C@ty ofRichmond and
Leung's White Crane Int'l Dragon & Lion Ass'n
SPECIAL CONDITIONS
The Supplemental Conditions of the Short Form Contract are hereby amended to include the followingmodifications:
1. The insurance provisions attached as Exhibit F are modified as follows:(a) The Commercial General Liability Policy limits shall be $1 million each occurrence/$2 million general aggregate.(b) No "additional insured" endorsement is required.
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07
It~VOICE
FromLeung's White Crane International Dragon
& Lion Association
For dragon and lion dance performance for theCity of Richmond Recreation & Parks Department/
Richmond Senior Center8th Annual Chinese New Year Celebration
at the Richmond Memorial Auditoriumon Saturday, February 5, 2011, from 6:00 to 6:45 p.m.
Total cost of services: $1,100.00
Leung's White Crane International Dragon & Lion Association3281., Louis Place, S.F. CA. 94133
Email: leungswhitecrane(a>.hotmail.comWebsite: vvww.sfwhitecrane.com
Tel: (415) 398-0985Fax: (415) 642-8081
Daniel LeungCell: (415) 720-8830
Exhibit "F"
City of Richmond - Insurance Requirements = Type 1:Consultants and Contractors
General Liability(primary and excess limitscombined)
PROJECT COST REQUIRED LIMIT----------------_.-.----------.---------- -------------------._--------------------_____________~9_~_~?_~!I~i_~~ ~_~_f"!l_i~I!?!l_p/~ _________J_~_£!l_i!I!?~_:_E~_~i!I!?~ J_~_~_i~I~~~_pl~ _____________?Y..~~_~~~U·l}!I!~~rl ~~9_~!I!i_~rl_'?{? _
Fireworks $5 million p/oIncludes coverage for bodily injury, personal injury, property damage andproducts and completed operations. The policy shall not exclude coverage forXCU perils (explosion, collapse, or damage to underground property). If thepolicy includes a general aggregate, either the general aggregate shall applyseparately to this project, service or location or the minimum requiredaggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Richmond as an additionalinsured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.Policy shall be endorsed to name the City of Richmond as an additionalinsured per the language detailed below.
Contractor's Pollution Liability (if Same limits as General Liability.applicable)Protects against:unexpected/unintended release ofpollution resulting from contractorscovered operations such as:HVAC, paving, carpentry, pipeline& tank installation, drillers,remediation contractors,maintenance, mechanical,demolition, excavation, grading,street/road construction,residential & commercial builders.
Builders' Risk/Course ofConstruction - Covers propertyunder construction, repair orrenovation as well as equipmentand materials to be installed.
(Only required for ConstructionProjects involving property andequipment installation.)
Coverage shall include all risks of direct physical loss, excludingearthquake, for an amount equal to the full completed value of thecovered structure or replacement value of alterations or additions,including soft costs and business interruption.
If the project does not involve new or major reconstruction, anInstallation Floater may be acceptable. For such projects, a propertyinstallation floater shall be obtained that provides for the improvement,remodel, modification, alteration, conversion or adjustment to existingbuildings, structures, processes, machinery and equipment. TheProperty Installation Floater shall provide property damage coverage forany building, structure, machinery or equipment damaged, impaired,broken or destroyed during the performance of the Work, including duringtransit, installation and testing at the City of Richmond's site.
The City of Richmond shall be named as loss payee as its interest mayappear. The insurer shall waive all rights against City.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating,CONTRACTORmust replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability and Automobile Liability Coverage.The City of Richmond, its officers, officials, employees, agents andvolunteers are to be named as additional insureds for all liabilitv arisinq out
Type 1- Page 2 of 4
Exhibit GGF"
City of Richmond = Insurance Requirements = Type 1~Consultants and Contractors
SubcontractorsCONTRACTORshall include all subcontractors as insured under its policies or shall furnish to the City for review andapproval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subjectto all of the requirements stated herein.
CONTRACTORagrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of eitherCONTRACTORor any subcontractor to take out or maintain the required insurance policies. The fact that insurance isobtained by CONTRACTOR,and/or CONTRACTOR'ssubcontractors, will not be deemed to release or diminish the liabilityof CONTRACTOR,including, without limitation, liability under the indemnity provisions of this contract. Damagesrecoverable by CITY from CONTRACTORor any third party will not be limited by the amount of the required insurancecoverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.The City of Richmond reserves the right to require complete, certified copies of all required insurance policiesincluding endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered tothe Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Desiqnated Project rv'ianager. However,Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous CoverageCONTRACTORshall maintain the required insurance for the life of the contract. Should the CONTRACTORcease to haveinsurance as required during this time, all work by the CONTRACTORpursuant to this agreement shall cease untilinsurance acceptable to the City is provided. In the event that CONTRACTORfails to comply with the City's insurancerequirements, the City may take such action as it deems necessary to protect the City's interests. Such action mayinclude but is not limited to termination of the contract, withholding of payments, or other actions as the City deemsappropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved bythe City, CONTRACTORmust provide updated certificates and endorsements indicating that the required coverage, termsand conditions are still in place. Renewal certificates and updated endorsements shall be mailed to theDesignated Project Manager.
Reporting RequirementsAny failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affectcoverage provided to the City, its officers, offlcials, employees or volunteers.
Consistent with Public PolicVThe insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only tothe minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy andthus enforceable.
Type 1 - Page 4 of 4
Page 1 of 1
Deborah Hernandez---------_._-----From: Robyn Kain
Sent: Tuesday, November 16,20104:57 PM
To: Deborah Hernandez
Subject: RE: Chinese New year 2010 in Richmond-* This is fine, we can waive the additional insured endorsement, auto and workers' cornp.
Robyn
from: Deborah HernandezSent: Tuesday, November 16, 20104:47 PMTo: Robyn KainSubject: FW: Chinese New year 2010 in Richmond
Hi robyn is this acceptable for insurance?debbie
From: White Crane [mailto:[email protected]]Sent: Tuesday, October 26,20109:15 PMTo: Deborah Hernandez; [email protected]; [email protected]: RE: Chinese New year 2010 in Richmond
hii just attach the certifcate pis send contract asap if you have any question pis call me thanks
Subject: Chinese New year 2010 in RichmondDate: Wed, 8 Sep 201014:37:14 -0700From: [email protected]: [email protected]: [email protected]
Hi Danny,I am working on your contract for the performance in February. I tried contacting your insurance for the followinginformation but they will not release any information to me and they said it must be in writing.
There are 3 things I need from the insurance:1. Under additionally insured, I need the insurance to say
City of Richmond3230 Macdonald Ave.Richmond, CA 94804
2. I need the CG 20 10 11 85 form as well as the certificate which your insurance had initially sent.3. auto liability and if you have workman's comp will need to be on the certificate.
Please call or email if you have a question or if there is a problem.510-307-8086 or my email [email protected]
Much thanks and we are looking forward to your performance in February!
Debbie
11116/2010
