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2024/06/29 Dellinger Entertainment Dellinger Entertainment Service Contract AgreementMichael Dellinger C#:951-743-1889 Service Contract Agreement This is a contract between Michael Dellinger and The City of Menifee/Chelsea Bollinger, Independence Day Celebration who enter into an agreement for D.J. Services. This agreement is for the (Date) 29th day of June 2024 . The agreement is for services (Time) from: 4PM to 9:30PM. The client will receive DJ Services for the above specified time (Location/Address) At: Wheatfield Park 30627 Menifee Rd, Menifee, CA 92584 *Services of Dellinger Entertainment will receive (Wedding Package and/or Event Cost) The Rock Box DJ Package: $1,350.00 To include the following: 6 hours DJ/MC Services The Rock Box Vintage Truck Sound System Microphones Music Outline Yard Games Early Setup* If the client wishes to have the DJ extend services an additional fee payable in the amount of $150.00 per additional hour. Staying past the contracted hours is at the discretion of the DJ. The purchaser is responsible and acknowledges any damages resulting from the conduct of all persons attending the event, incl uding any damage done to Dellinger Entertainment equipment. Example: broken/damaged microphones from mic drops after a speech. Cancellation Policy Agreement: This agreement outlines the cancellation policy for Dellinger Entertainment. By engaging in our services, you agree to abide by the following terms: 1.Cancellation Timeline: Cancellations must be made at least 10 days prior to the scheduled service/event. Failure to provide timely notice may result in forfeiture of payment and a cancellation fee. 2. Refund Policy: A full refund will be provided if cancellation is made within the specified timeline. No refunds will be issued for cancellations after this period. No refund will be issued for non-refundable deposit and fee as made aware prior to booking with Dellinger Entertainment. We can accomadate dates to postponed events to a later date with no additional retainer and fee, subject to availability. Dellinger Entertainment urges clients to notify us with any changes or adjustments. Please provide us more t han one date to put a HOLD in place for that DATE. We apologize for the circumstances to postpone, and we support your request. 3. Cancellation Fees: In the event of late cancellation, a cancellation fee of 50% the total cost will be charged to cover administrative and preparation expenses. 4.Unforeseen Circumstances: Dellinger Entertainment reserves the right to cancel or reschedule services/events due to unforeseen circumstances if Dellinger Entertainment is unable to perform services the day of wedding/event, we will do our best to find a DJ who will continue services. Notification to contracted party will take place immediately to remedy the situation. Dellinger Entertainment will do our best to accommodate the client’s needs and/or provide a complete refund of the contracted amount. 5. Payment Obligation: Regardless of cancellation, the client is responsible for fulfilling the total cost as outlined in this agreement unless otherwise specified in writing by Dellinger Entertainment. The amount of $1,350.00 is the contracted quote price. Modifications of this agreement or updates can be made by Dellinger Entertainment at any time. An invoice for payment has been made. Fulfillment of payment can be made on or before the date of service. Services will not be performed unless the balance is paid in full . You may pay by cashier’s check, cash, SquareUp credit card services, Paypal or Dellinger Entertainments payment agreement option made specifically for the client. Client: Contact Number: Date Signed: City of Menifee Signature: ______________________________________________________ DocuSign Envelope ID: 4875CA6A-C521-4DE9-8799-DC62F47AC826 Attachment A, Insurance Requirements 1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to Dellinger Entertainment (Entity). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by Entity, and if a conflict occurs, the broader requirements shall prevail. 2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits of Insurance carried by or available to the Contractor shall be available to Entity and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement shall be either: 1 —all the Insurance coverage and limits carried by or available to the Contractor; or 2 —the minimum Insurance requirements shown in this agreement; whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to Entity. 3.Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory and Additional Insured endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsements Pages of the policies listing all policy endorsements to Entity before work begins. Entity reserves the right to require full-certified copies of all Insurance coverage and endorsements. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall procure and maintain for the duration of the contract, and for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. DocuSign Envelope ID: 4875CA6A-C521-4DE9-8799-DC62F47AC826 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Other Insurance Provisions: Additional Insured The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. Primary Insurance For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Notice of Cancellation Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. DocuSign Envelope ID: 4875CA6A-C521-4DE9-8799-DC62F47AC826 Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity. Waiver of Subrogation The Contractor hereby grants to the Entity a waiver of any right to subrogation which any insurer of the Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Indemnification Contractor shall hold harmless, defend and indemnify City of __________its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees which actually or allegedly arise out of the Menifee DocuSign Envelope ID: 4875CA6A-C521-4DE9-8799-DC62F47AC826 performance of the work described herein, caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City of _________ its officers, officials, employees and volunteers. I have read and understand the above requirements and agree to be bound by them for any work performed for the Entity. Authorized Signature: ________________________ Date: _____________________ CITY OF MENIFEE: ________________________ Date: _____________________ Menifee DocuSign Envelope ID: 4875CA6A-C521-4DE9-8799-DC62F47AC826 2/22/2024 2/22/2024