Loading...
CONTRACT 6101 One Page Service Agreement CLOSEDAgreement No. 6101 CONTRACTOR: Morningstar Productions, LLC Services Agreement DATE MAILED: ___L5ZJ1 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set Earth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional Insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other Insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work. ® Co rehen ive Genera LiabiNi' including coverage for premises, products and completed operagons, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least j 000 per occurrence. ® Alto labllaty, including owned, non -owned and hired vehicles with at least: N JQ29,000 per occurrence. ❑ 1-00000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® 0rk0M: Corn ensa ion InsaarAn: as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ®Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to the City). ❑ P r ts: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services Department if appropriate. Call the Building Manager @ (310) 524-2345 if you have questions. ❑ o of valid `oture i.D (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE IWORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SET TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Su. rrtilte co I tl hia ks : COLOR COPY REQUIRED BACK TO THE CITY Company Name: (Print Warne tittle): Mornin star Productions LLC - rian Shannon Manager Company Street Address: V dot"s Aulhor d S ute requked: 41213 Sandalwood' Cir City, State, Zip: _ Date signed: Murrieta, CA92562 June 7, 2021 Phone:w_w._w__ww_ FAX: 951 677A443 951 67l-6477 Vendor's Email address: brianshannon msm .com Mail original agreement and insurance to: City of Ell Se y Clerk w Main Street, Room 5, Et Segundo, CA 90245.3813 069inalor/Deparlment Contact: R an D a Date initiated: Department Head Approvat Dale Approved: 2 I Insurance Approval 7-1-21 Finance Approval: Oate Approved: Cc: Business License; City Clerk; Purchasing Agent; Requesting Dopt. name •, AP RAVED AS TO FORM. I.... .a Morningstar ~ Al 5120121 .. � �t for ity Cor �,, of P Segundo Agreement No. 6101 (collectively„ 1.GENERALLY. The materials„ supplies, o7ele 'Purchase") covered by this services agreemechase order &PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and ('order") must be furnished by Seller subject terms and accepted. City will rapt pay cartage, shipping, packaging or boxing conditions contained in this order which Selier, this ordeGn expenses unless specified in this order. lCrafts. Hell noI be honored. agrees to be bound by and oorpty with fn all parother forms S.lNl7EftNIFICATII}N, Seller agrees to indemnify and hilt City or conditions ,are binding upon the parties unless lly agreed' to harmless from and against any claim, action, damages„ costs (including, In writing. Written acceptance or shipment of all or any portion of he without fimi'lation, attorney's fees)„ injuries, or liability„ arising out of the Purchase covered by this order consfifules unqudred acceptance of all Purchase or the order, or their performance. Should City be named in terms end conditions in this order. The terms of any proposal referred to in this order are included and made a, part of the order only to the extent any sty or should any claim be brought against K by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or it specified the Purchase ordered, The price, and the delivery, and then order, or their performance, Seller will defend City fat City's request and only to the extent that such terms are consistent vifth the terms and with counsel satisfactory to City) and inderi City for any judgment conditions of this order, g',INVECTiON, The Purchase furnished must be exactly as specified in rendered against it or any warns paid out in settlement or otherwise. For purposes of this section 'City` includes City's officers, of red ogiciafs, this rider, free from all detects In Setters performance, design, and employees. Itis expressly understood ,and agreed 'that time workmanship, and materials, and, except as othervrlse provided, is subject to inspection and test by City atall times and places. If, before foregoing provisions will survive termination of this order. The requirements as to the types and limits of Insurance coverage to be fin ai acceptance, any any Purchase is tound to be incomplete, or not as maintained by Seller, and any approval of such insurance by Cityu are specified, City may reject lt, requlre Seller to correct it without charge, or not Intended to and will not in any manner limit or qualify the flabilities require delivery of such, Purchase at a reduction in price that is equilabfe and otillgalions olherwise assumed' by Seller pursuant to this order, under' (lie clrcumstances. If 'seller is unable or refuses to correct such including, without hrni to the prksions concerning indemnification, items within a time deemed reasonable by City, City may terminate the order in valuate or in part. Seller bears all rigs as to rejected Purchases 10.WtfARRANTiY. Seller agrees that the Purchase is covered by the most favorable commercial' warrantees the. Seller gives ka any customer and, in addition to any costs for which Seller may become liable to City for the some or substantially similar supplies or services, or such other under other Provisions of this order, 'must reimburse City for all more favorable warranties as is specified in this order. Warranties will transportation costs, other related costs incurred, or payments to Seiler be effective nolwfthstand(ng any inspection or acceptance of the In accordance with the terms of this order for unaccepted Purchases. Purchase by City. Notwithslanding Clty"s acceptance or any Purchase„ Seller is liable for ii ASSIGNfrl°lENT". City may assign this order, Except as to any latent defects, fraud, or such gross mistakes as constitute fraud. payment due under this order, Seller may not assign or subcontract the 3.CHANGES. City may snake changes within the general scope of this order without City's written epproval'. Should City give consent, it will not order In drawings and sped ftcations for specially manufactured supplies, reii'eve Seller from any obligations under this order and any transferee or place of delivery, method of shipment or packing a the order by giving subcontractor will be considered Seller's agent, +solace to Seller and subsequently confirming such changes in writing. 11' 17.INSURANCE. Seller must provide the insurance Indicated on tine such changes affect the cost of or the time required tot performance of face sheet of this Services Agreement. this order', an equitable adjustment in the price or delivery or both must 13,PERMITS. Seller must procure all necessary perri and licenses, be made. No change by Seller is allowed without City's varlt(en approval, and ,abide by all federal, state, and local laws, for performing this order. Any claim by Seller for an adjustment under this section must be made %INDEPENDENT CONTRACTOR, City and Seller' agree that Soller In writing within thirty (30) days from the date of recelpl by 'Seiler of will act as an independent contractor and will have control of all work notificalion of'such change unless City waives this condition in wiling. and the manner in whfdj Is it performed. Seller will be free to contract Nothing in this section excuses Seller from proceeding with performance for similar service to be performed for other employers while undar of time order as changed. contrail with City. Seller is not an agent or employee of City and is not 4. TERMINATION„ City may terminate this order at any time, either entitled to participate in any pension plan, insurance, bonus or similar verbally or in writing,with or without cause, 'Should termination occur, benefits City provides for its employees. Any provision in this order that City will pay Seller as full performance until such termination the unit or may appear to give City the night to direct Sauer as to the details of doing pro rata order ;price for the ,performed and accepted portion of the the work or to exercise' a measure of control over the work means that Purchase, City may provide written notice of termination for Seller's Seller will follow the direction of the City as to end results of the work default if Seller refuses or fails to comply with this order. If Seller does only. not cure such failure within a reasonable time period, or falls to perform 16VAIVER, City's review or acceptance of. or payment for. work the Purchase within the Ante specified (or allowed by extension), Seller product prepared by Seller under this order will not be construed to will be liable to City for any excess costs incurred by City, operate as a waiver of any rights City may have under this Agreement air 6.T'Ifi1E EXTENSION. City may extend the lime for completion if, in of any cause of action arising from Sellers performance. A waiver by Clty's sale' determination, Seiler was delayed because of causes beyond City of any breach of any term, covenant, or condition contained in th'i's Settees control and 'without Setter's fault or negligence. In time event order will not be deemed to be a waiver of any subsequent breach of the delay was caused by City, Seller's sole remedy is limited to recovering same or any other term, covenant, or condition contained in this order, money actually and necessarily expended by Seller because of the whether of the same or different character, delay; there is no right to recover anticipated profit, %INTERPRETATION. This Agreement was drafted in, and will be 6.REMEDIES CUMULATIVE. City's rights and remedies under this order construed in accordance with the laws of the State of Califomia, and are not exclusive and are in addition to any rights and remedies provided exclusive venue for any action involving this agreement will be in Los by law. Angeles County. 7.TITLE. Tide to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual Insoaclion and Cmtvr's 000arlunity to relact Momingstar 5/20121 Agreement No. 6101 City of El Segundo Recreation and Parks Department 401 Sheldon Street EI Segundo, CA 90245 EXHIBIT'W- SOPE OF SERVICES MORNINGSTAR PRODUCTIONS LLC, agrees to provide sound system rental services for the City of El Segundo's 2021 Fourth of ,July Celebration. Details for equipment rental and labor services are itemized in quote #Q-05010 Any changes to dates and times will require an approval from Recreation & Parks Department. EXHIBIT "13% COMPENSATION SCHEDULE City agrees to pay MORNINGSTAR PRODUCTIONS LLC for the performance of such services, the sum of: o Four thousand, nine hundred dollars. ($4,900.00) Morningstar 6/28121 Agreement No. 6101 41213 Sandalwood Cir Murrieta, CA 92562 Phone: 951-677-4443 Fax: 951-677-6477 www.MSMP.com CI The City of El Segundo 350 Main Street El Segundo, CA 90245 ift uote Quote Number: Q-05010 July 4, 2021 Audio On Site Contact / Details Ryan Delgado 1(310) 524-2741, Morningstar to deliver and set at 12:00 pm on July 4, 2021. Sound Check on July 4, 2021 starting at 5:00 pm. Event on July 4, 2020 from 6:00 pm to 9:30 pm Morningstar to remove after the Account Manager Job Reference or PO # Terms Discount Brian Shannon Required See Below Tax Rule Deposit Deposit Due Date Shipping Method Tax Murrieta April 2019 $0.00 7/4/2021 MSTAR DELIVERY Ship Date Load In Show Start Load Out Return Date 7/4/2021 9:30 AM 7/4/2021 12:00 PM 7/4/2021 6:00 PM 7/4/2021 10.00 PM 7/4/2021 11:30 PM Type Qty. Description (Vote Time Rate Price Price Ext. Audio Equipment Rental 2 JBL VRX 4 Pack Speakers Main left / right speakers. Rental 1 JBL VRX 3 Pack Speakers Ball field stage right fill. Rental 3 Genie ST 25 Lifts for speakers. Rental 4 Radian RPS 218 Dual 18" Subwoofer Main sub woofers. Rental 2 JBL VRX 2 Pack Speakers Far stage left and stage right fill. Rental 2 JBL VRX 918s Subwoofer Sub woofers for stage right and stage left fill. Rental 2 JBL Threaded Speaker Pole Extension Speaker poles for Rental 1 Avante Al2 Powered Speaker Rental 1 NL4 Speakon Kit - Medium Rental 1 Amp Rack 5 (Itech) Rental 1 Amp Rack 6 (Itech) Rental 1 MIDAS M32R Digital Audio Console Rental 1 Apple IPAD Rental 1 Denon CD MP3 Bluetooth Media Player Rental 1 Work Box "C" stage left and right fill. Amp rack for mains. Amp rack for fill speakers. Wireless control of audio console. CD. flash drive, SD card, blue tooth audio player. Microphone, DI, Cable and Adapter Package 6/28/2021 10:08 AM Page 1 of 3 Agreement No. 6101 Type City. Description Rental 1 K&M Mic Stand Boom Regular Black Rental 1 Shure QLXD 2 Pack Combo System w/Distro Retail 4 AA Battery Power and Acceossires Rental 1 5 Wire Cam Set Banded 2 AWG - 50' Rental 1 Distro Panel - LEX Cam Tails Rental 1 6/4 Power Cable - 15' Rental 1 614 Power Cable - 25' Rental 10 Cable Ramp Guard Dog Rental 1 Canopy White W/Sidewall - 10' x 10' Labor Note Labor Labor 1 Lead Audio Technician Labor , 1 Assistant Audio Technician Labor 1 Stage Hand Show Expense Show 1 Insurance Waiver of Subrogation Expense Trucking Note Trucking Rental 1 F350 & 20' Trailer Service 200 Trucking Mileage Misc 1 Fuel Surcharge Note Time Rate Wireless microphone systems. Batteries for wireless microphone systems. 50' of power cable from generator to stage. Cam Tails In With 4 -20 Amp Edison and 3 - 50 Amp Hubbel Outs Cable from Distro panel to amp racks. For set up, operation, and removal. For set up, operation, and removal. For set up and removal. Quote (Quote Number: Q-05010) Price Price Ext. Audio Equipment: $4,100.36 Power and Acceossires: $3115.00 Labor: $1,500.00 Show Expense Total: $255.00 Trucking: $324.50 6/2812021 10:08 AM Page 2 of 3 Agreement No. 6101 Notes: Terms: 1. Net 30 with City of El Segundo purchase order. 2. All prices are based on payments being made in cash or check. Other forms of payment are subject to a 3% Administrative fee. 3. Client is to provide for the following: a. All permits, licenses, and fees required by any local or state government agencies. b. Security for the safety of Morningstar Productions LLC's employees and equipment for the duration of time crew and equipment is at the job site. c. Parking for all of Morningstar Productions LLC's equipment and crew vehicles. d. All necessary electrical service to meet equipment specifications. If temporary power is to be utilized it must be grounded, balanced, and have 0 Voltage between neutral and ground. 4. Late payments after agreed upon terms are subject to a loss of any and all discounts and a late payment finance charge of 2%. X Agreed and Accepted By: Date: 6/28/2021 10:08 AM Quote (Quote Number: Q-05010) Subtotal: $6,494.86 Discount: ($1,595.07) Sales Tax: $0.21 Total: $4.900.00 Total Applied Payments: $0.00 Balance Due: $4,900.00 Page 3 of 3 Agreement No. 6101 Murrieta ?.RCkDUC IONS. �LLC 41213 Sandalwood Cir Murrieta, CA 92562 Phone: 951-677-4443 Fax: 951-677-6477 www.MSMP.com Client The City of El Segundo 350 Main Street El Segundo, CA 90245 Quote Number Q-05010 Name July 4, 2021 Audio Account Manager Brian Shannon Quote Date Venue Address 3/6/2021 401 Sheldon Street El Sequndo, CA 90245 Date: Date: Company Signature: Client Signature: Name/Title: Name/Tidw