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Home My WebLink AboutC-2671December 28, 2011 City of Arcadia 240 West Huntington Drive PO Box 60021 Arcadia, CA 91066 Amendment to Event Service Provider effective October 19, 2011, by and between City of Hope and City of Arcadia Dear City of Arcadia: 1100 -20 C- 2(Q -7/- / This letter agreement, effective as of November 5, 2011, when accepted by you and by the return of an executed copy hereof, shall amend the above referenced Agreement, as set forth herein. Capitalized terms in this Amendment shall have the same meaning as in the Agreement. Sections 2 of the Agreement is hereby deleted and replaced as follows: Section 2. Compensation: City of Hope agrees to pay Service Provider $99.00 per hour for 14 hours, totaling $1,386.00 amount as full compensation for the Services. Service Provider shall invoice City of Hope for all Services rendered under this Agreement and shall submit adequate documentation with all such invoices. City of Hope shall pay fees within sixty (60) days of receipt of any such invoice. All other terms and conditions of the Agreement shall continue in full force and effect. This Amendment, together with the Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof and supersedes any prior or contemporaneous agreement, understanding or negotiations. Sincerely, Director of National Events Acknowledged and agreed as of the date hereinabove set forth: City of Arcadia Signature: Print Name: Donald Penman Title: City Manager Date: January 3, 2012 COH 07.15.09 AMENDMENT OF AGREEMENT LETTER / /Xaw;w 021071 EVENT SERVICE PROVIDER AGREEMENT This Agreement is made and entered into by and between City of Hope, a California public benefit corporation (hereinafter referred to as "City of Hope "), and City of Arcadia, a charter city organized under the Constitution and laws of the State of California (hereinafter referred to as "Service Provider % and is effective as of the later date of the signatures below (the "Effective Date "). 1. Scope of Work: Under the terms of this Agreement, Service Provider will provide the services listed below at City of Hope's Walk for Hope, to be held at the City of Hope campus in Duarte, California on Sunday, November 6, 2011 (the "Event"): On Sunday, November 6, 2011, the City of Hope will host their annual "Walk for Life" event and they will be utilizing the Santa Anita Race Track for participant parking. Participants will be entering at all three gates and it is expected that between 5,000 to 8,000 people will be parking in the southern -most lot of the SART property. The officers assigned to this detail will work pedestrian and vehicular traffic control, via the signal boxes, at the Santa Anita Race Track, Gates Three, Five and Eight during the event times. One officer is required at each gate. All of the above services shall be referred to hereinafter as the "Services." Service Provider will receive the approval of Courtney Webb before (1) taking any action that would commit City of Hope to expend resources, incur obligations or execute contracts in connection with any of the above activities or (ii) using the City of Hope name or logo in any form. 2. Compensation: City of Hope agrees to pay Service Provider $98.00 per hour for 14 hours, totaling $1,372.00[doliar amount/rate/hour] as full compensation for the Services. Service Provider shall invoice City of Hope, for all Services rendered under this Agreement and shall submit adequate documentation with all such invoices. City of Hope shall pay such fees within sixty (60) days of receipt of any such invoice. 3. Term of Agreement: The term of this Agreement is from the date that Service Provider executes this Agreement through and including the date of the Event. Sections 6 and 7 will survive any termination of this Agreement. 4. Termination: City of Hope shall have the right to terminate this Agreement for its convenience at any time during the course of performance by written notice. Upon receipt of any termination notice, Service Provider shall immediately discontinue services on the date and to the extent specified in the notice, and collect and deliver to City of Hope whatever work product then exists in the manner requested by City of Hope. COH COC 07.17.09 EVENT SERVICE PROVIDER AGREEMENT 5. Independent Contractor: The relationship between Service Provider and City of Hope created hereby is intended to be that of independent contractor and not that of employer /employee or principal /agent. Service Provider shall be responsible for providing, at Service Provider's expense and in Service Provider's name, all disability, workers' compensation or other insurance, including insurance coverage for injury or loss suffered by Service Provider or its agents while performing the Services herein. Service Provider is solely responsible for withholding and paying any and all federal, state, and local taxes, social security payments, and any other taxes or payments which may be due incident to payments made by City of Hope for services rendered under this Agreement. 6. Tax Obligations: City of Hope shall not withhold from Service Provider's compensation taxes or any amounts that would normally be withheld from an employee's pay. Service Provider is solely responsible for and shall pay, when and as due, any and all taxes incurred as a result of Service Provider's compensation, including estimated taxes, and shall provide City of Hope with proof of payment on demand. Service Provider hereby agrees to indemnify City of Hope for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City of Hope arising out of Service Provider's breach of this section. 7. Indemnification: Service Provider shall and does hereby indemnify, defend and hold harmless City of Hope, and City of Hope's officers, directors, employees, and agents from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorney fees and costs, that City of Hope may incur or suffer and that result from, or are related to (i) any negligent or wrongful conduct or failure by Service Provider or its employees or agents; (ii) breach of this Agreement by Service Provider or its employees or agents; and (iii) failure to comply with applicable laws, rules or regulations by Service Provider or its employees or agents. 8. Insurance: Service Provider further agrees to maintain a policy of general liability insurance in the minimum amount of $1,000,000 to cover any negligent acts committed by Service Provider or Service Provider's employees or agents (if any) during the performance of the Services. 9. Service Provider's Qualifications. Service Provider represents that Service Provider has the qualifications and ability to perform the services in a professional manner, without the advice, control or day -to -day supervision of City of Hope. Service Provider shall be solely responsible for the professional performance of the services and shall have discretion and control of the manner in which the services are performed. Service Provider further represents that Service Provider has and maintains all requisite licenses or permits usual or necessary for performing the Services. COH COC 07.17.09 EVENT SERVICE PROVIDER AGREEMENT 2 10. Assignment and Amendments: Neither party shall assign the whole or part of this Agreement without the other party's prior written consent. This Agreement constitutes the entire agreement between the parties, and any amendment or modification must be in writing and signed by both parties. 11. ' Publicity: You will not have the right to identify City of Hope as a customer, client or employer or otherwise use the name, logos or trademarks of City of. Hope or of City of Hope's affiliates without City of Hope's prior written consent, in City of Hope's sole discretion. 12. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of California. CITY OF HOP ( "City of Hopv By: Daniel Lacovara Title: AVP, Communications Date: 1,0/1 ,7 /► COH COC 07.17.09 EVENT SERVICE PROVIDER AGREEMENT City of Arcadia ( "Service Provider") By: .- Donald Penman Title: City Manager Date: