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HomeMy WebLinkAboutM and J Paul Enterprises Inc dba Jolly Jumps; 2018-08-31;AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR SPECIAL EVENT EQUIPMENT RENTALS M & J PAUL ENTERPRISES, INC. DBA JOLLY JUMPS This Amendment No. 1 is entered into and effective as of the 5V-41) day of Avvs.1- , 20 a extending and amending the agreement dated August 31,/2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and M & J Paul Enterprises, Inc. dba Jolly Jumps, a corporation, ("Contractor") (collectively, the "Parties") for special event equipment rentals. RECITALS A. The Parties desire to extend and fund the Agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on August 31, 2022 on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// City Attorney Approved Version 1/30/13 1 Digitally signed by Joshua Paul _Date: 2020.07.15 Pa U(Lign here) 16:36:35 -0700' By: City v1 '7.er or Mayor or Director By: Joshua BARBARA ENGLESON City Clerk C I 2/ Depkt )'Itt4c- BY. Assis City Attorney 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (print name/title) ATTEST: Digitally signed by By: Holly Paul Holly Paul Date: 2020.07.15 (sign her 1G.37:12 0700 e) A (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ---- 7 ® ACRE) CERTIFICATE OF LIABILITY INSURANCE L----- DATE (MM/DD/YYYY) 03/05/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Stonehouse Insurance Services 41391 Kalmia St Ste 130 Murrieta, CA 92562 License #: 0K07203 CONTACT NAME: David Weeks PHONE FAX (A/C No Ekt). (951)760-9429 (A/C, No): tu51)900-6020 E-MAIL ADDRESS: david@stonehouseins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Admiral Insurance Company INSURED M & J Paul Enterprises, Inc. DBA Jolly Jumps 41611 Date Street Ste B Murrieta, CA 92562 INSURER B: Progressive Insurance Company INSURER C: State Compensation Insurance Fund INSURER D : Gemini Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000256-130509 REVISION NUMBER: 54 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR VVVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY1 LIMITS A x COMMERCIAL GENERAL LIABILITY Y CA000029910-03 03/06/2020 03/06/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENII X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO-JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY v A. SCHEDULED AUTOS NON-OWNED AUTOS ONLY 02930956-4 03/22/2020 03/22/2021 C(E0aMaBccINidEeDnoSINGLE LIMIT $ 1 ,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A x UMBRELLA LIAB EXCESS LIAB - X OCCUR CLAIMS-MADE GX000002063-02 03/06/2020 03/06/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,00,000 DED RETENTION $ $ I-, ''''' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y 9152730 02/13/2020 02/13/2021 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liab. VNPL005752 03/06/2020 03/06/2021 General Aggre 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The following are additionally insured: City of Carlsbad, its officers, employees, volunteers and agents CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 799 Pine Avenue Carlsbad, CA 92008 ACORD 25 (2016/03) t) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by DJW on March 05, 2020 at 03:03PM AUTHORIZED REPRESENTATIVE (DJW) AUTHORIZED REPRESENTM1VE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 17, 2020 OLD DP 217 2572 BROKER COPY 9152730-20 RENEWAL NA 5-13-01-82 PAGE 1 OF 1 HOME OFFICE SAN FRANCISCO EFFECTIVE FEBRUARY 13, 2020 AT 12.01 A . M . ALL EFFECTIVE DATES ARE AND EXPIRING FEBRUARY 13, 2021 AT 12.01 A . M . AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS COMPENSATION INSURANCE FUND JOLLY JUMPS 41611 DATE ST STE B MURRIETA, CA 92562 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. Policy Number: CA000029910-02 CG 20 26 04 13 Effective Date: 03/06/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE" OR LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II— Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent peimitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 0 STONEFIDUSE INS SVCS 27315 JEFFERSON #J215 COMMERCIAL TEMECULA, CA 92590 CITY OF CARLSBAD 799 PINE AVE. CARLSBAD, CA 92008 Additional insured endorsement Name of Person or Organization CITY OF CARLSBAD 799 PINE AVE, CARLSBAD, CA 92008 Policy number: 02930956-4 Underwritten by: United Financial Cas Co Insured: M & 1 PAUL ENTERPRISES February 14, 2020 Policy Period: Mar 22, 2020 - Mar 22, 2021 Mailing Address United Financial Cas Co PO Box 94739 Cleveland, OH 44101 1-800-444-4487 For customer service, 24 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury Not applicable Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 02930956-4 Issued to (Name of Insured): M 811 PAUL ENTERPRISES INC Effective date of endorsement: 03/22/2020 Policy expiration date: 03/22/2021 Farm 1198 (01/04) AGREEMENT FOR SPECIAL EVENT EQUIPMENT RENTALS M & J PAUL ENTERPRISES, INC. DBA JOLLY JUMPS 1'. THIS AGREEMENT is made and entered into as of the ?-:, {t,t' day of t\~u~ , 20$, by and between the CITY OF CARLSBAD, a municipal corpoon, ("City"), and M & J Paul Enterprises, Inc. dba Jolly Jumps, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a company that is experienced in renting bounce houses, inflatables, walk around characters, trains, rock walls, etc. B. Contractor has the necessary experience in providing professional services and advice related to equipment rentals for special events. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work donP. under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or wlllfui misconduct of the Contractor, any subcontiactor, anyone directiy or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10. ·1 .1 Comrnei cial Genera: Liability (CG!_) :nsurance. !nsur:::ince written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor wiii obtain occum~nce co·..-erage, t:xciuding Professional Liabiiity, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from tne date of final payment under this ,i'\.greement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Rachael Shay Title Special Events Supervisor Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 9201 0 Phone No. 760-602-7519 For Contractor Name Joy Paul Title CEO --=.=-cc _____________ _ Addresc: 47611 Date Street, Ste-=B ____ _ Murrieta, CA 92562 ---------- Phone No. 951-461-9200 Email info@jollyjumps.net Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes D No [8J City Attorney Approved Version 6/12/18 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City ac~dress cnntained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 6/12/18 5 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignoran:::e of the false information or :n reckless disresard cf the truth or falsity of information. If City seeks to recover penalties pursuant to tt1e False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement Jnd its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II 6 City Attorney Approved Version 6/12/18 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) ~ _tt_o -fi~~W?_J5i1Lfau.\ (print name/title) 1 By: ___ .-_Jo_C)_l-(~_ \A'.\uL CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~ CHRISH Parks & Recreation Director ATTEST: t/JQ~~- BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ,-. I ,,,.,,---.._ BY:_=~-------- A~ City Attorney .atl&,?J- City Attorney Approved Version 6/12/18 7 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f<1VE.R.~1DE before me, Gy N TJ+J A l..-oGu£ JJOTA-R..j Pu.&, c (here insert name anc! title of the officer) personally appeared -~S_c_')_J_~C __ ~_A_l_A_L_---+--~:--~ O~o~H~l_( A~_D_~, _P~A~/-1~t-----___ _ ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~ubscribed to the within instrument and acknowledged to IJle that ~executed the same in ~ authorized capacity(ies), and that by hfsfhe~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature -----""--==-~b'--1-+----------,L-------,,__----(Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document ---------- The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of AC!rR-.EE Hf:::_, bet r Cl-fZ-Sf->sc. ( BL E-'v' E.-N--r E-Cl 1-A Lf'_l-_{ f:J'2 T _____________ _ containing _&!__ pages, and dated _,AH 6 U '6 T (,. .lc7) J?, The signer(s) capacity or authority is/are as: [l lndividual(s) I ] Attorney-in-Fact [J Corporate Officer(s) ___ _ [J Guardian/Conservator 1. J Partner -Limited/General I_J Trustee(s) I I Other: representing: _______ _ Title(s) Narnc(s) of Person(s) or [ntity(ies) Signer is f~epresenting Acldltlon1I Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: () form(s) of identification C) credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other LJ Additional Signer(s) [] Signer(s) Thumbprint(s) [] ([) Copyriq ht 2007-201 5 Notary Rotary, Inc. PO Box 41400, De':. Moines, IA 50311 0507 All Rights Reserved. Item Number 101 / /2 Please contact your Authorized Reseller to purchase copies of th 1s form EXHIBIT "A" SCOPE OF SERVICES M & J Paul Enterprises, Inc. OBA Jolly Jumps will provide as-needed rental equipment to help support city special events. Jolly Jumps will deliver, set up, monitor (as needed), and break down rental equipment. The City will contact Jolly Jumps prior to each event to book specific equipment. Rental costs will be based on the billing rates in Exhibit B. For each event, rental costs require pre-approval by the City. FEE SCHEDULE ITEM DESCRIPTION PRICE NO. 1 City special events may include, but are not limited to: $35,000.00 • Epic Teen Nights: Pine • EGGStravaganza • Pirate Plunge • Wild West Fest • Carlsbad Triathlon • Aloha Plunge • Snores & S'mores • Family Movie Night • Super Hero Obstacle Race • Pumpkin Plunge • Epic Tween Nights: Calavera • Holiday at the Rancho • Kids Camp Programs • L.1.T.E Programs TOTAL $35,000.00 Agreement amount shall not exceed $35,000 per year. City Attorney Approved Version 6/12/18 8 Items Bounce Houses EXHIBIT B SCHEDULE OF BILLING RATES Obstacle Courses/ Interactive Inflatables Slides Deluxe Trackless Train Food Machines/ Cotton Candy Etc. Laser Tag / Laser Maze Santa Throne Chairs Tables Dunk Tank Rock Wall/Bungee Trampoline Game Master DJ Photo Booth Magician Face Painter/ Airbrush Artist/ Bubble Artist/Entertainers Attendant Pop-up Canopy Catering Services ***Travel and Set Up charges may apply M & J Paul Enterprises, INC., OBA Jolly Jumps Price Range $99-$150 I Day $225-$995 / Day $195-$995 / Day $495-$995 I Day $90-$200 I Day $495-$995 I Day $150-$200 I Day $1.00-$1.25 I Pc. $10-$15 / Pc. $250-$350 / Day $200-$350 / Hr. $100-$175 / Hr. $450-$750/2+Hr $350-$725/2+Hr $200-$350/ Hr. $100-$350/Hr. $20-$40 / Hr. $75+/ Day $10-$40/Per Person ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 03/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Richard Maylott NAME: Northeast Insurance Center ;it)gNJo Extl: (239) 244-9777 I FAX (A/C Nol: (860) 627-8695 PO Box 151868 E-MAIL ricm@neinscenter.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Cape Coral FL 33915 INSURER A: Admiral Insurance Co. 24856 INSURED INSURER B: M & J Paul Enterprises Inc. dba Jolly Jumps INSURER C: 41611 Date Street, #B INSURER D: INSURER E: Murrieta CA 92562 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP . LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f-----D CLAIMS-MADE [X] OCCUR DAMAGE TO RENTED f--PREMISES /Ea occurrencei $ 50,000 f--MED EXP (Any one person) $ A CA000029910-01 03/06/18 f-----03/06/19 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 29 DPRO-DLOC PRODUCTS -COMP/OP AGG 2,000,000 POLICY• JECT $ OTHER $ ./ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accidenti - ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED iP~?~fc~le~t~AMAGE $ HIRED AUTOS AUTOS -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS" LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ lf yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) MOBILE RENTAL AMUSEMENT COMPANY :INFLATABLE RENTALS (with and without operators),1 TRAILER, MOBILE BUNGEE TRAMPOLINE; MOBILE ELECTRIC TRAIN, MOBILE ROCK WALL, MOBILE LASER TAG, MOBILE LASER MAZE, ZOO & PONY RIDES City of Carlsbad its officers, employees, volunteers and agents are listed as an additional insureds in regards to general liability, within respects to the named insured operation.Coverage is for duration of policy period at various locations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue AUTHORIZED REPRESENTATIVE Carlsbad, California 92008 );, - _, / ~/ i: /::z •/ l~i I :". \ / ~/ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: CA000029910-01 M & J Paul Enterprises dba Jolly Jumps CG20100413 Effective Date: 03106118 TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nalllt' Of Additional Insured Person(s) LCKatton(s) Of Covered Operations Or Onanizatton(s) Any person or organization that is an owner or manager of All locations at which the Named Insured is perfonning real property or personal property on which you are per-ongoing operations. forming ongoing operations. or a contractor on whose be- half you are perfonning ongoing operations, but only if cov- erage as an additional insured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "property damage" first or..c1n:c;:. oc thP. "pP.t:<;onal 3.M aro1P.rti-.~ iaj1n:y" of&.n.~ i-. first committed, subsequent to the execution of the contract or run-cement. City of Carlsbad its officers, employees, voluntee sand agents Information Te(]uired to comvlete this Schedule. if not shown above. will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused. in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the add_tional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent pennitted by law: and l, lf wverag& provided ID 1m addjfjon.aJ .in5w-ed ~ required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work. including materials. parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or CG 20100413 © Insurance Services Office, Inc., 2012 Page 1 of2 a C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 A~D• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 02/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Carol Stickles NAME: Cossio Insurance Agency fljgNJn Ext\: 951-677-3030 I FAX IA/C No\: PO Box 5987 ~tlJ~ss: carol@cossioi nsurance .com Greenville, SC 29606 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: United Financial Casualty Company (Progressive) 11770 INSURED INSURER B: State Compensation Insurance Fund 35076 INSURER C: M & J Paul Enterprises OBA; Jolly Jumps INSURER D: 41610 Date Street #102 INSURER E: Murrieta, CA 92562 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR •••~n umn POLICY NUMBER /MM/DD/YYYYl IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f--------. ~ CLAIMS-MADE D OCCUR DAMAGE TO RENTED f--------. PREMISES /Ea occurrence\ $ f--------. MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl DPRO-DLoc POLICY JECT PRODUCTS • COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ ~ ./ ANY AUTO BODILY INJURY (Per person) $ -~ OWNED z SCHEDULED A A 02930956-0 03/17/2017 03/17/2018 BODILY INJURY (Per accident) $ ~ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION IXI ~-\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE ~ 9152730-17 02/13/2018 02/13/2019 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 / If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Party Rental Equipment operations located at 41611 Date Street Suite B, Murrieta, CA 92562. The following vehicles are scheduled on this policy: Trucks: 2016 Ram Ram 2500 3C6UR5CL5GG132856, 2014 Ram Ram 2500 3C6UR4CLXEG179033, 2007 Chev 4500 W45042 J8BC4B16177003028, 2006 Ford E450 Super Duty 1FDXE45S16DA58309. Trailers: 2007 & 1998 Bix Tex, 2003 Best, 2014 Georgia, 2008 Wells Cargo, 2007 Ampre,1995 lntegra, 2016 Haulmark Trailer. Verification of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN M & J Paul dba Jolly Jump ACCORDANCE WITH THE POLICY PROVISIONS. 41611 Date Street Suite B Murrieta, CA 92562 AUTHORIZED REPRESENTATIVE • D191tally signed by Carol Stickles Carol Stickles DNrna(amlSt,ckles.oo,. email=carol@cossioinsurance.com, c=US Date: 2018.02.21 11 :49:51 --08'00' I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD