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HomeMy WebLinkAboutFriendly Pony PartiesAGREEMENT THIS AGREEMENT is made and entered into on the 15th day of May 2025 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Friendly Pony Parties (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: CONTRACTOR as defined in Exhibit A for the Town Picnic petting zoo and pony rides. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR as described in Exhibit A along with compensation, ownership of materials and conflict of interest. 3. TERMS. The services and/or materials furnished under this Agreement shall commence May 15th 2025 and shall be completed by June 1st, 2025 unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed three thousand dollars seven hundred dollars and zero cents ($3,700.00) within thirty (30) days following completion/ delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/ services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills with Friendly Pony Parties S. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including commercial form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds to the general and auto liability policies. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills - Contracts 26379 Fremont Road Los Altos Hills Town of Los Altos Hills with Friendly Pony Parties c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills with Friendly Pony Parties h. ENTIRE AGREEMENT. This Agrement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Emina Mahic Community Services Supervisor Town of Los Altos Hills 26379 Fremont Road Los Altos Mills, CA 94022 esteta@losaltoshills.ca.gov Town of Los Altos Hills with Friendly Pony Parties CONTRACTOR: By: T4L441 5/15/25 Signature Date TOS Terry Tenzing, Owner Print name, Title Exhibit A Proms Friendly Pony Parties-Llane To; Fmina Mahl[: Terry Tenzlna Subjects Friendly Pony Parties Invoice and Contract - June 1, 2025 Dater Monday, May 12, 2025 3;20:09 PM Attachments) oettlno zoo.Emina-. Dhoto ofset uD_arsa.Dna_ 6/1/25 Upon receipt of this contract you are officially on our books and we are holding a spot for your event. *****If you no longer want to confirm this boollIp ease let us know Immediately **** Next 2 steps — *****Please submit your payment in full within 24 hrs of receipt of this Invoice and contract (unless other arrangements have been made). Payment Is due upon receipt of this contract. Press RETURN and type your name and Initials in the spaces asking for Initials and signature to Indicate your agreement to our terms of the contract. Then hit SEND to EMAIL It back. If you do not complete this step, please note that you are agreeing to the terms of this contract by submitting your payment and confirming a spot on our books. If you have specific terms with regard to Covid that you require you must state them at the time of contract, and we must agree to those terms prior to completing our written agreement and contract. If you have not informed us of your terms but go ahead and book with us, submit your payment, and we are holding a spot on our calendar for you, there will be no refunds. Additionally, if you have to cancel because someone has contracted Covid our standard Booking Cancellation Policy will apply. Thank youl We look forward to being there with you. andfiai'nyard PAIR Mobile Pony aides & Petting Zoos, Croat Yoga, - Birthday Parties On -the -Farm, Wedding Animals, Beverage Burros, Unicorn Photo Booths, Animal -Crams Affiliated with Pastorino's F rtta based in Half Moon Aayt CA ., just minutes from sant Mateo Friendly Pony Parties and Barnyard Pals INVOICE and CONTRACT 1. DATE - Sunday, June 1, 2025 2.TIME (Start and ending time of OUR services) - 12pm to 4pm 3. PACKAGE BOOKED - 3 hand led ponies and a medium petting zoo 4. Your Name - Emina Steta 5, Your email - esteta@josaltoshills.ca.gov 6. CELL for day of the event Your Cell phone - 408-691-3972 7, Alternative Contact (name and cell phone) - $. EVENT ADDRESS - Purissima Park, 27500 Purissima Road, Los Altos Hills CA 94022 9, FEES Total Due = $3,700 PETTING ZOOS SET UP SURFACE _(NO long grass due to ticks) -X-Short grass/dirt (preferred) (do not water 3 days prior) —Concrete/Asphalt _Tarp & Straw Covering ($60) SUN PROTECTION _We will bring canopies but please also try to set the petting zoo in a shaded area if possible to best protect the animals. Please describe your setup area - In the same area as always LOCATION SCHOOLSILARGE EVENT -- -2000 Number of Attendees - _picnic_ Type of EVENT all_Age of attendees yes—Able to pull up to set up location? _# Feet from our Vehicle Feet _Need to move Vehicle? _(Preferred - Vehicle as close as possible to animals in the event of an emergency) _ Best option - petting zoo and pony rides can be side by side. _ If set up is more than 100 feet from vehicle, assistance with load in and load out of equipment and animals will be required _ No set up next to or near stage/loud music, jumpy house generators or port -a -potties, carnival games or balloons that can pop PONIES _WEIGHT LIMIT 65 pounds _Parents and guardians will lift their child on and off the pony _One pony can give about 20 to 25 children a ride in an hour RIDING LOCATION _Ponies cannot be near loud music, jumpy houses, carnival games or balloons that can pop. _Ponies need to walk in an area apart from other activities _Ponies cannot walk downstairs _Petting zoo and pony rides located side-by-side (preferred) DOGS .All dogs must be locked up inside for the safety of our ponies and animals for the duration of our visit PARKING _Save parking as close to our set up location as possible. _SAVE (3) parallel spots for truck and horse trailer _Parking Location? See map - red marked area _Parking arrangements must be made in advance _Any time spent rearranging cars or us needing to look for parking will be taken out of your event time. PHOTOS _Please note that any photographs we take of our animals or people with them while at an event may be used for social media purposes unless otherwise specified. CONFIRMATION You will receive an email about a week prior to your event confirming your details _The morning of your event we will contact you with our estimated arrival time. _ Have your cell phone on you so that we are able to reach you with ease PAYMENT _PAYMENT DUE AT TIME OF CONTRACT Payment method _VENMO--https://venmo com/code?m id=17670970005258 42 166 _X -CHECK Made out to Friendly Pony Parties. Be sure to write the event date in the memo section of check. Mailed to PO Box 637, Half Moon Bay CA 94019, TIPPING Animal wranglers greatly appreciate acknowledgment of their committed service ADDITIONAL COMMENTS: — PLEASE HIT REPLY, THEN ELECTRONICALLY INITIAL 'THE BOOKING COMMITMENT' AND 'RAIN POLICY' AND SIGN THE ACKNOWLEDGEMENT OF RISK' AND SEND — ++++++++++++...4+++++++++++++++++++++++++ TERRY TENZING, OWNER FRIENDLY PONY PARTIES & BARNYARD PALS PO BOX 637 HALF MOON BAY CA 94019 TELEPHONE: Celli (650) 303-4281 If you have any last minute comments, concerns, or adjustments on the day of your event, please text Terry at the cell number above or email her at FdencUyEDnyEarties@gmall.com. We will do ourbest to address the matter. +++++++++++++++++++++++++++++++++++++++++ Thank youl Terry Tenzing, Owner DATE May 12, 2025 Booking Commitment We are 100% committed to our clients and their appointed time slot. We therefore require that our clients are 100% committed to us. This booking commitment ensures that our clients are guaranteed we will show up for their special eventl The only cancellation is in the event of illness or a death in the family. In that case, we will reschedule at a mutually agreed upon time within a year. This is a nonrefundable payment and secures your spot on our calendar so that we are both 100% committed to each other. In the event of a death, Illness In the person booking the event, an act of God or pandemic we can reschedule at a mutually agreed upon date up to one year from the original contracted date. Holiday bookings are null and void of this rescheduling option. Please type initials here Friendly Pony Partles"'Rain Policy" is based on twenty-nine years of providing reliable service to the greater Bay Area. We are a rain or shine company which means you can count on us to be there for your eventl We can set the zoo up in a garage or under an awning and suggest that you tell your guests to bring a change of clothes for their children and their rain gearl We can carry umbrellas over the children as they ride the ponies and have funl The children generally don't mind at all and actually find it more like an adventure. With this said, we have done this for twenty-nine years and rarely end up working in the rainlll :) This Is so often the case, that at this point, we even jokingly say we have an "IN" with the rain godsl No refund Is offered due to a cancellation due to weather, but you may reschedule at a mutually agreed upon time within one year, This is a decision that must be made by 8A0 AM on the day of your event. Please type initials here ACKNOWLEDGEMENT OF RISK ACCEPTANCE OF RESPONSIBILITY & RELEASE OF LIABILITY I, the undersigned, hereby acknowledge that I have voluntarily applied to engage in an activity of horseback riding or pony riding and/or interacting with pelting zoo animals with Friendly Pony Parties and Barnyard Pals. I understand that the activity of horseback riding and pony riding and/or Interacting with petting zoo animals involves numerous Inherent risks of injury that are an integral part of such an activity. I assume full responsibility for all such risks, Including loss of control, collisions, and obstacles whether they are obvious or not obvious. I and/or my family further understand that an animal, irrespective of its training and usual past behavior and characteristics, may act or react unexpectedly or unpredictably at times, and I also assume such risks. I understand that I may encounter variations in terrain, which may result in injury or damages. I acknowledge that these are my responsibility, and I assume the risk for these hazards, including breaks, growth, debris, rocks, cliffs, and other hazardous surface or subsurface conditions and obstacles, whether they are obvious or non obvious, man-made or natural. I understand that animals are unpredictable and that the risk of Injury is Inherent to the activity. I understand that animals may bite, scratch, kick, or jump up on people in this activity. I agree to assume all risks of Injury or death caused by horseback riding, pony riding or Interacting with petting zoo animals, whatever the cause, except as provided by law. As consideration for being permitted to engage In the activity of horseback riding, pony riding and/or petting zoo, I do hereby waive any claim, and release all of the animal owners, officers, members, affiliated organizations, landowners, agents, employees, and/or volunteers for any Injury or death caused by or resulting from my participation in the activity of horseback riding, pony riding and/or petting zoo animals. This contract shall be legally binding upon my heirs, my estate, my assigns, my legal guardians, my personal representatives, and myself. -I have carefully read this agreement and fully understand the contents, I am aware that I am releasing certain legal rights that I otherwise may have, and I enter Into this contract on behalf of myself and/or my family of my own free will. THIS IS A RELEASE OF LIABILITY. DO NOT SIGN OR INITIAL THIS RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.