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HomeMy WebLinkAboutCO 2026-027 - Priceless PetsPage 1 of 6 Last Revised: May 22, 2024 Approved by Risk Management: May 22, 2024 ____________ Vendor Initials City of Rancho Cucamonga SERVICE AGREEMENT CO#: Event: Healthy RC Teen Summit Date: 4/1/26 Location: 11200 Base Line Rd. Time(s): 9am-3pm Rancho Cucamonga, CA 91730 This agreement is entered by and between the City of Rancho Cucamonga (hereinafter “CITY”) and Priceless Pets (hereinafter “INDEPENDENT CONTRACTOR”). The CITY and INDEPENDENT CONTRACTOR are referred to herein collectively as the “Parties.” Whereas, the CITY desires to make available for its resident’s special event and performing arts activities at the above list ed event, and whereas the INDEPENDENT CONTRACTOR is specially trained, experienced and competent to provide such activities, as described below and in Exhibit “A” to this Agreement, the Parties enter into this Agreement upon the following governing terms and conditions: SERVICES: The INDEPENDENT CONTRACTOR agrees to provide all personnel and materials necessary to fulfill the requirements of the above listed special event in accordance with the description described below or otherwise as specificall y set forth in the Scope of Services to this Agreement in Exhibit A. The INDEPENDENT CONTRACTOR will use its independent judgment and specialized knowledge in providing the services outlined in this Agreement. The services to be provided are for Puppy Yoga Wellness Breakout as described further in the Scope of Services section of this agreement attached as Exhibit A. Additionally, INDEPENDENT CONTRACTOR agrees as follows: A.SERVICES: The INDEPENDENT CONTRACTOR shall be and act as an independent contractor and as such will determine the method, details, and means of performing the work described in this agreement. The CITY shall not control the manner or determine the method of accomplishing the services provided by the INDEPENDENT CONTRACTOR. As an independent contractor, the INDEPENDENT CONTRACTOR is free to work and/or contract with any other person, agency, or organization with respect to these or any other services. B.MATERIALS: The INDEPENDENT CONTRACTOR is responsible for obtaining and supplying all personnel, materials, supplies, and equipment, necessary to perform and complete the work described in this agreement. C.OWNERSHIP OF WORK PRODUCT: The INDEPENDENT CONTRACTOR is responsible for preparing, creating, and providing any equipment, labor and services necessary to fulfill the requirements of this Agreement. All writings containing ideas, concepts, drawings, photographs, and/or other information, is the property, inclusive of all intellectual and proprietary rights, of the INDEPENDENT CONTRACTOR. However, the CITY shall reserve the right to prohibit or reject the use of any such material that in its sole discretion it deems objectionable or improper for a CITY affiliated service. D.CALPERS: The INDEPENDENT CONTRACTOR shall provide the CITY notice if any of its employees or its subcontractors and/or subcontractors’ employees that are proposed to provide INDEPENDENT CONTRACTOR services are retirees from or current members of the California Public Employees’ Retirement System (CalPERS). It is CITY Practice to decline the services of employees of INDEPENDENT CONTRACTOR who are CalPERS retirees or current members of CalPERS on any services. In addition, INDEPENDENT CONTRACTOR’S employees or subcontractors’ employees providing INDEPENDENT CONTRACTOR services shall work no more than 960 total hours in a fiscal year (July 1-June 30) combined for the CITY and other CalPERS agencies. E.CALPERS INDEMNITY: In the event that INDEPENDENT CONTRACTOR or any employee, agent, or subcontractor of INDEPENDENT CONTRACTOR or the subcontractor’s employee, providing services under this Contract, is City of Rancho C ucamonga CONTRACT NUMBER 202ϲ-ϬϮ7 Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Page 2 of 6 Last Revised: May 22, 2024 Approved by Risk Management: May 22, 2024 ____________ Vendor Initials determined by a court of competent jurisdiction or staff of CalPERS, an Administrative Law Judge or the CalPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the CITY, or by any other state or federal agency to be an employee of the CITY under any circumstances, INDEPENDENT CONTRACTOR shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CalPERS, payment of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgments or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CalPERS any other state or federal agency, and payment of reasonable attorneys’ fees incurred by the CITY in relation thereto. F. AFFORDABLE CARE ACT: INDEPENDENT CONTRACTOR agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the CITY for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges that the CITY may incur as a result of INDEPENDENT CONTRACTOR or any employee, agent, subcontractor of INDEPENDENT CONTRACTOR or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the CITY n relation thereto. G. CALIFORNIA SICK LEAVE LAW (AB 1522): INDEPENDENT CONTRACTOR agrees to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the CITY for the payment of any related penalties, fines, damages, assessments, awards, judgments or charges that the CITY may incur as a result of INDEPENDENT CONTRACTOR or any employee, agent, or subcontractor of INDEPENDENT CONTRACTOR or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the CITY in relation thereto. H. FEDERAL FAIR LABOR STANDARDS ACT: INDEPENDENT CONTRACTOR agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the CITY for the payment of penalties, fines, damages, assessments, awards, judgments or charges that the CITY may incur as a result of INDEPENDENT CONTRACTOR, or any employee, agent, or subcontractor of INDEPENDENT CONTRACTOR, or subcontractor’s employee, performing services under this Contract and payment of reasonable attorneys’ fees in relation thereto. I. CITY FACILITIES: The INDEPENDENT CONTRACTOR’s use of the designated CITY facility is subject to the following governing terms and conditions: i. NO SMOKING: Smoking is prohibited at all CITY facilities including the surrounding property, parking lots, parks, sidewalks and any other CITY owned property. Chapter 8.21 of Title 8 Section 8.21.035, 8.21.045, 8.21.055, 8.21.065 of the RC Municipal Code. ii. INSPECTION: The INDEPENDENT CONTRACTOR using any CITY facility or off-site location must inspect the facility or designated area prior to use and report any problems to the CITY staff immediately. iii. SET-UP/CLEAN-UP: The INDEPENDENT CONTRACTOR is responsible for the set-up and clean-up of any and all of its materials, supplies, equipment, or other property. CITY staff is responsible only for set -up and clean-up of CITY property. At the conclusion of the event, the INDEPENDENT CONTRACTOR shall clean any and all areas of the CITY facility used and shall return the facility in the same condition found. J. LICENSES: The INDEPENDENT CONTRACTOR must obtain and keep up-to-date all necessary licenses relevant to their work for CITY. Copies of these licenses must be provided to CITY prior to commencing work. INDEPENDENT CONTRACTOR is responsible for obtaining a business license if generating revenue in the City of Rancho Cucamonga. K. FORM W-9: The INDEPENDENT CONTRACTOR shall, as a condition of payment for services rendered hereunder, provide a completed copy of a Form W-9 to CITY. The INDEPENDENT CONTRACTOR shall promptly notify CITY of any changes to its TIN information provided herein. L. TERMINATION BY CITY: The CITY may, for any reason, with or without cause, terminate this agreement upon five (5) days written notice to the INDEPENDENT CONTRACTOR. Notice shall be deemed made upon the CITY’s mailing of the notice of termination to the address of INDEPENDENT CONTRACTOR listed below. If special event is cancelled prior to event for any reason by CITY, no fees will be due to INDEPENDENT CONTRACTOR. Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Page 3 of 6 Last Revised: May 22, 2024 Approved by Risk Management: May 22, 2024 ____________ Vendor Initials M. FORCE MAJEURE: In the event of unforeseen circumstances that prevent the service from taking place as planned, such as natural disasters, epidemics, acts of war, government restrictions, or severe weather conditions that significantly impact the safety or feasibility of the service, both parties will work together to find solutions. This may include postponing the service, and/or relocation to a suitable venue. CITY obligations will be paused until a solution is found. If a suitable alternative cannot be reached within 30 days of the original event date, either party may terminate the agreement in writing. In the case of termination by CITY due to unforeseen circumstances, INDEPENDENT CONTRACTOR will provide a full refund of any payments received from CITY for the contracted services. N. ASSIGNMENT AND DELEGATION: The INDEPENDENT CONTRACTOR shall not assign the rights or delegate the performance of any services required under this agreement, in whole or in part. Any assignment or delegation of this agreement is null and void. O. INDEMNIFICATION: The INDEPENDENT CONTRACTOR shall defend, hold harmless and indemnify the CITY and its elected officials, officers, director, employees, servants, volunteers, and agents for any and all damages, liabilities, losses, reasonable defense costs or expenses arising out of, pertaining to, or concerning death or injury to any person and/or damage to any property caused by the sole or concurrent negligence, recklessness, or willful misconduct of the INDEPENDENT CONTRACTOR, its employees, agents, and subcontractors arising out of or reasonably related to this agreement, whether said injury or damage occurs on or off CITY property, except for any injury or damage which directly results from the CITY’s sole negligence or willful misconduct. P. INSURANCE: The INDEPENDENT CONTRACTOR shall procure and maintain in full force and effect, for the duration of this contract, the following insurance policies: i. COMPREHENSIVE GENERAL LIABILITY: A commercial general liability insurance policy insuring the minimum sum of $1,000,000 per occurrence for bodily injury, personal injury and property damage. The insurance policy shall name the City of Rancho Cucamonga as an additional insured as set forth below. If INDEPENDENT CONTRACTOR fails to secure a policy as set forth herein, the CITY reserves the right at its sole discretion to obtain on behalf of INDEPENDENT CONTRACTOR a policy that complies with the requirements of this section at the sole expense of INDEPENDENT CONTRACTOR. ii. WORKERS COMPENSATION: A workers’ compensation insurance policy in the amount required by law or a letter, signed under penalty of perjury, stating that the INDEPENDENT CONTRACTOR is the sole employee. iii. AUTOMOBILE LIABILITY: If the services of the INDEPENDENT CONTRACTOR require traveling off site and use of an automobile, by any person or entity for the beneficial use of the activity, an automobile policy providing business use coverage and insuring the minimum sum of $1,000,000 per accident for bodily injury and property damage. The insurance policy shall name the City of Rancho Cucamonga as an additional insured. iv. TERMS OF INSURANCE: All such insurance must be in a form mutually acceptable to both parties and protect CITY against liability which may arise out of this agreement. In addition, INDEPENDENT CONTRACTOR agrees to provide an endorsement to this policy stating: “Such insurance as afforded to this policy shall be primary, and any insurance, or self-insurance carried by CITY shall be excess and non- contributory.” Such endorsement shall include a thirty (30) day written notice of cancellation or deduction in coverage. INDEPENDENT CONTRACTOR agrees to name CITY and its officers, officials, employees, designated volunteers and agents as additional insureds under each said policy. Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the “Contractor”, its employees, agents and subcontractors. v. WAIVER OF SUBROGATION: Independent Contractor hereby agrees to waive rights of subrogation which any insurer of Independent Contractor may acquire from Independent Contractor by virtue of the payment of any loss. Independent Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Q. LIQUIDATED DAMAGES: INDEPENDENT CONTRACTOR agrees that if the work or services to be provided under this Agreement are not performed due to cancellation or non-appearance by INDEPENDENT CONTRACTOR, that the CITY will incur certain costs, expenses or other losses as a result. Accordingly, INDEPENDENT CONTRACTOR agrees Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Page 4 of 6 Last Revised: May 22, 2024 Approved by Risk Management: May 22, 2024 ____________ Vendor Initials to provide advance notice of cancellation for any reason of any scheduled event a minimum of five (5) business days (Monday through Friday). Notice shall be deemed effective when personally delivered or, in the case of mailing, post mark shall be two (2) days prior to effective date of Notice. Should INDEPENDENT CONTRACTOR fail to provide Notice as described herein, INDEPENDENT CONTRACTOR shall be responsible to pay CITY the sum of $0 as a result of such cancellation. Both parties expressly understand and agree that such payment is not a penalty but a good faith and agreed upon estimate of costs and expenses reasonably agreed that will be suffered by the CITY in the event of such cancellation. R. COOPERATION: The Parties agree to cooperate with each other at all times for the duration of this agreement, as may be necessary for the Parties’ performance of the contract terms. In the event a claim or action is brought against CITY relating to the INDEPENDENT CONTRACTOR’s services under this agreement, the INDEPENDENT CONTRACTOR shall provide whatever reasonable assistance and cooperation the CITY might require to investigate and defend such claim or action. S. COMPLIANCE WITH LAWS: The INDEPENDENT CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force and effect during the duration of this contract. T. NOTICES: All Notices to the Parties shall be in writing and given either by (a) personal service or (b) by U.S. Mail, mailed either by Registered or Certified mail, directed to: TO CITY: TO INDEPENDENT CONTRACTOR: City of Rancho Cucamonga Name: Priceless Pets Post Office Box 807 Address: 15350 Fairfield Ranch Rd. Rancho Cucamonga, CA 91729 City/Zip: Chino Hills, CA 91709 Attn: Alondra Alonso U. PRIOR AGREEMENTS: This agreement constitutes the entire agreement between the parties to it and supersedes any prior understanding or agreement with respect to the matters described in this agreement. It may be amended only by a written agreement executed by all parties to this agreement. CITY’S LIMITED DUTIES: The CITY agrees to: A. PAYMENT: In consideration of the services the INDEPENDENT CONTRACTOR will provide, the CITY agrees to pay the INDEPENDENT CONTRACTOR the amount of $350.00, which is compensation in full for all services, materials, supplies, and equipment necessary to fulfill the obligations under this agreement. B. CITY FACILITIES: The event will be held at a designated CITY facility or other agreed upon location. The CITY will assign INDEPENDENT CONTRACTOR a specific location for INDEPENDENT CONTRACTOR to provide its services under this agreement. Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Page 5 of 6 Last Revised: May 22, 2024 Approved by Risk Management: May 22, 2024 GOVERNING LAW: The terms and conditions of this agreement shall be governed by the laws of the State of California with venue in San Bernardino County, California, Rancho Cucamonga District. This agreement is entered into on this 16th day of March, 2026. Independent Contractor Name: Priceless Pets City of Rancho Cucamonga: Tax ID Number or SSN: 26-1167234 By: By: Signature Date Signature Date Name Name Title Title By: By: Signature Date Signature Date Name Name Title Title (Two signatures required if corporation) Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Makalee Price 3/23/2026 | 6:29 PM PDT Event Coordinator Engagement and Special Programs Director 3/24/2026 | 7:05 AM PDT Michael Parmer Page 6 of 6 Last Revised: May 22, 2024 Exhibit A Scope of Services ____________ Vendor Initials INDEPENDENT CONTRACTOR, Priceless Pets, shall provide the City of Rancho Cucamonga with Puppy Yoga for the City event entitled Healthy RC Teen Summit. This service shall take place on April 1, 2026 at Central Park located at 11200 Base Line Rd., Rancho Cucamonga. 1. INDEPENDENT CONTRACTOR Schedule During Event Day: • Service Set-Up: INDEPENDENT CONTRACTOR shall arrive at the assigned Arrival Time and is required to have all necessary equipment and material set up and complete by Set-Up Completion Time below. o Set-Up Start Time: 11:30am o Set-Up Completion Time: 12:00pm o Designated Set-Up Location: Grizzly Gulch Room • Event Operations: o Breakout Wellness Sessions: 12:15-1:15pm ▪ First Session: 12:15-12:45pm ▪ Second Session12:50-1:20pm • Concluding Services: o Tear-Down Start Time: 1:30pm o Tear-Down Completion Time: 2:00pm 2. INDEPENDENT CONTRACTOR services will include: • List of services included in the agreement: o Instructor for two Puppy Yoga Breakout Wellness Sessions o 6 Cane Corso puppies o Small X-pen o Puppy pads o Hand sanitizer o Wipes o Speaker o Puppy cleanup supplies • Automobile Services: INDEPENDENT CONTRACTOR is not required to drive to complete the services outlined in this agreement. 3. CITY shall provide: • Facility use – Dedicated Room indoors • 60 yoga mats • Marketing for event 4. Additional Information: • CITY reserves the right to broadcast, televise, and photograph INDEPENDENT CONTRACTOR, its employees, agents, or subcontractors during the event for use in advertisements, promotions, and other general business purposes without liability or compensation of any sort. • CITY may, at its sole discretion, alter event location, schedule, and/or other event details to meet CITY needs. Docusign Envelope ID: AF7BE196-B974-473C-8CC1-112C937740AA Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: AF7BE196-B974-473C-8CC1-112C937740AA Status: Completed Subject: Service Agreement for Priceless Pets and the City of Rancho Cucamonga Source Envelope: Document Pages: 6 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Emily Serrano AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Emily.Serrano@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 3/17/2026 10:16:12 AM Holder: Emily Serrano Emily.Serrano@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Makalee Price makalee.pricelesspets@gmail.com Event Coordinator Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2603:8002:7ef0:e640:101c:9488:3741:ec0c Signed using mobile Sent: 3/17/2026 10:22:49 AM Resent: 3/23/2026 3:55:50 PM Viewed: 3/23/2026 6:29:08 PM Signed: 3/23/2026 6:29:34 PM Electronic Record and Signature Disclosure: Accepted: 3/23/2026 6:29:08 PM ID: 076f7534-ccd5-416a-a2ce-132d7df073ce Michael Parmer Michael.Parmer@cityofrc.us Engagement and Special Programs Director City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 96.40.148.128 Sent: 3/23/2026 6:29:35 PM Viewed: 3/24/2026 7:05:38 AM Signed: 3/24/2026 7:05:48 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Clerk Contracts ClerkContracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 3/24/2026 7:05:49 AM Viewed: 3/24/2026 8:30:33 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/17/2026 10:22:49 AM Certified Delivered Security Checked 3/24/2026 8:30:33 AM Signing Complete Security Checked 3/24/2026 7:05:48 AM Completed Security Checked 3/24/2026 8:30:33 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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