CONTRACT 6376 One Page Service Agreement CLOSEDAgreement No. 6376
CON7MCTOR: Morningstar Productions, LLC
Services Agreement
DATE MAILED: 0�10412022
Below you wig 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 forth 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 he 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.
®ComDrefiensive General Liabit including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® 1000 000 per occurrence.
❑ 1 t)0 000 -..399,900 per occurrence.
❑ As required by State Statutes, A copy of your current policy must be submitted naming yourself and or your company.
® Workers" Comoensalidn Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ B sinew Llcens , 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).
❑ Permits: 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.
❑ Co of valid icture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FORTHE CITY.
Submitted b ks : COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
By (Print name & title):
Moroi star Productions. LLC
Alan Morgenstern President
Company Street Address:
Vendors Authorized Signature required: o ;
t'
41213 Sandalwood Cir
s
Clty, State, Zip:
Date signed: 0 5 / 16 / 2 02 2
ti+lurieta CA92662
Phone: 951-677-4443
FAX:951-677-6477
Vendor's Email address:
audiogu,y@msmp.com
Mail original agreement and insurance to; City of El Segundo —City Clerk 350 Main
OdginatorlDepartrnentContact; RyaZ Delgado
Department Head Approval:
Finance Approval:
City Manager. N _ City Clerk:
` Y"+✓&Vy
Morningstar Productions, LLC k,I z, u
Room 5, El Segundo, CA 90245.3813
Date initiated: / --
Date Approved: 20
t
Date Approved: .�
,City Attorney,
514122
Agreement No. 6376
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and 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
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
by law.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
%INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract
for similar service to be performed for other employers while under
contract with City. Seller is not an agent or employee of City and is not
entitled to participate in any pension plan, insurance, bonus or similar
benefits City provides for its employees. Any provision in this order that
may appear to give City the right to direct Seller as to the details of doing
the work or to exercise a measure of control over the work means that
Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising from Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County.
Morningstar Productions, LLC 5/4/22
Agreement No. 6376
City of El Segundo
Recreation and Parks Department
401 Sheldon Street
El Segundo CA 90245
EXHIBIT "A"- SOPE OF SERVICES
MORNINGSTAR PRODUCTIONS LLC. agrees to provide sound system rental services for the City of El Segundo's 2022
Fourth of July Celebration. Details for equipment rental and labor services are itemized in quote #Q-05877
Any changes to dates and times will require an approval from Recreation & Parks Department.
EXHIBIT "B"- COMPENSATION SCHEDULE
City agrees to pay MORNINGSTAR PRODUCTIONS, LLC for the performance of such services, the sum of;
o Seven thousand, eight hundred dollars. ($7,800.00)
Morningstar Productions, LLC 5/4/22
Agreement No. 6376
41213 Sandalwood Cir
Murriela, CA 92562
Phone: 951-6774443
Fax: 951-677-6477
www.MSMP.com
The City of El Segundo
350 Main Street
El Segundo, CA 90245
Quote
Quote Number: Q-05877
City of El Segundo 4th of July 2022
On Site Contact 1 Details
Ryan Delgado 1(310) 524-2741.
Morningstar to deliver and set at
10:00am on July 3, 2019.
Event on July 4, 2019 from
10:00am to 3:00pm and 5pm to
10:00pm
Mornincstar to remove after the
401 Sheldon Street
El Sequndo, CA 90245
Account Manager
Job Reference or PO #
Terms
Discount
Alan Morgenstern
Required
See Below
Tax Rule
Deposit
Deposit Due Date
Shipping Method
Tax Murrieta April 2019 $0.00
7/3/2019
MSTAR DELIVERY
Ship Date
Load In
Show Start
Load Out
Return Date
7/3/2022 8:00 AM
7/3/2022 10:00 AM
7/4/2022 10:00 AM
7/4/2022 10:00 PM
7/4/2022 11:30 PM
Type Qty. Description
Note 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 91 Bs Subwoofer
Sub woofers for
stage right and
stage left fill.
Rental 2 JBL Threaded Speaker Pole Extension Speaker poles for
stage left and right
fill.
Rental 6 JBL SR4702X 12" Speaker/Monitor
Stage Monitors
Rental 1 Amp Rack 5 (Itech)
Amp rack for mains.
Rental 1 Amp Rack 6 (Itech)
Amp rack for fill
speakers.
Rental 1 Amp Rack 7 (2 XTI)
Monitor amps.
Rental 1 MIDAS M32 Digital Audio Console
32 channel digital
audio console.
Rental 1 Apple IPAD
Wireless control of
audio console.
Rental 1 Denon CD MP3 Bluetooth Media Player CD. flash drive, SD
card, blue tooth
audio player.
Rental 1 Work Box "C"
Microphone, DI,
Cable and Adapter
Package
5/3/2022 11;41 AM
Page 1 of
Agreement No. 6376
Quote (Quote Number: Q-05877)
Type
City.
Description
Note Time Rate Price Price Ext.
Rental
1
Mic Stand Package - C
Microphone stands.
Rental
1
Shure QLXD 2 Pack Combo System
Wireless
w/Distro
microphone
systems.
Retail
8
AA Battery
Batteries for wireless
microphone
systems.
Audio Equipment: $4,482.72
Power and Acceossires
Rental
1
5 Wire Cam Set Banded 2 AWG - 50'
50` of power cable
from generator to
stage.
Rental
1
Distro Panel - LEX Cam Tails
Cam Tails In With 4
-20 Amp Edison and
3 - 50 Amp Hubbel
Outs
Rental
1
Power Distro Kit - B
Audio power distro
kit.
Rental
1
6/4 Power Cable - 25'
Cable from Distro
panel to amp racks.
Rental
10
Cable Ramp Guard Dog
Power and Acceossires: $390.00
Labor
Note
Labor
Labor
1
Lead Audio Technician on July 3 and 4,
For delivery, set up,
2022
operation, and
removal.
Labor
1
Assistant Audio Technican on July 3 and
For delivery, set up,
4, 2022
operation, and
removal.
Show Expense
Show 1 Insurance Waiver of Subrogation
Expense
Trucking
Note
Trucking
Service
1 24' Bobtail Truck
Service
200 Trucking Mileage
Misc
1 Fuel Surcharge
Labor: $2,400.00
Show Expense Total: $255.00
Trucking: $1,861.50
5/3/2022 11:41 AM Page 2 of 3
Agreement No. 6376
Notes:
Terms:
1. Net 30 with City of El Segundo purchase order.
2. All prices and discounts are based on payment 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. 100 amp 3 Phase 208 Volt Service.
e. Late payments after agreed upon terms are subject to a foss of any and
all discounts and a late payment finance charge of 2%.
X
Agreed and Accepted By: Date:
5/3/2022 11:41 AM
Quote (Quote Number: 0-05877)
Subtotal:
$9,379.22
Discount:
($1,579.63)
Sales Tax:
$0.41
Total:
$7,800.00
Total Applied Payments:
$0.00
Balance Due:
$7,800.00
Page 3 of 3
Agreement No. 6376
M?R�jr Murrieta
PR Ovm, 41213 Sandalwood Cir
ra
Murrieta, CA 92562
Quote Number
Q-05877
Name
City of El Segundo 4th of July 2022
Phone: 951-677-4443
Account Manager
Alan Morgenstern
Fax: 951-677-6477
www.MSMP.com
Quote Date
51312022
Client Venue Address
The City of El Segundo 401 Sheldon Street
350 Main Street El Sequndo, CA 90245
El Segundo, CA 90245
Ship Date Return Date Status Terms Total
7/3/2022 8:00 AM 7/412022 11:30 PM Inquiry See Below $7,800.00
RENTAL/SALIRS (M"TRACT"TE 1!WS AND CONDITIONS, IREW]SEI) JANUARY 2017
�For einergency sea -vice please email SERV1Cr,@MSM&CDM
iIts" '4, vai P vvA vW 'Lp'�
11'r I!: ui i r: R 6
.NP
L 1! U
Yr4,!I I 1111, e R I :j 1�
5, 41 Ili% I ' aV'V- 'i F�w�� sk�j�
6, b°r .r., F"ILi„d flvou.: ",'IvNo di':'i s d.
vO "„" , ( , ° I i „ "' I .h ! l !I, 'I' C U !! ¢ ':I,,, l"' Y a pi.' � .nu , k � I :� , d "il ,, Pi ; 'u „,I t'O 1 1 C r k°,v I n u 1 u..V 1 i"
An ';pYa�IIp i;� L., piq i 11 r' ro C".id i,60� i j Y'j n�J, 1" 04 '� r c no �T P �t 1 A v I� i, ��u k kl
i w ch :.'i� q T� 7 Y 1) 111 1 1 Oli Iry n w vE I "J
1 1 11 R 1, 211 W I ��p -o 'I'v d� 4
"'d o 1 c' 1 1 1
j
%
Gwk ire ihuI':Iulor j�j"qOvd IN, :N'TA 'o,, jl"Io!�[N lo �ki" iw%�';8
,i '�Ln' no°uvr`nd w ca?in Owr O 'Iwl! �!"O ir'j"�,.)Gr�11r.Jjj8
;"rld I'li"
V i i jAS'61 N N K I t I i
k N 0' 1' h I,_ :o,lur-Hira' kid wi� 5��[t-i� tw fk"' I N
V 01 1, 1
�j
v w 1- 11, 1 &1 , 1 11 1 �In� I Z
K % Vk. R'W-, I "A F N "I
"I' OR. S I
X
d N 'I"T i'h I"! i i"
P, RIt i P E III, I'Y S N, 1C1 h1'k f .'h,6b,.Crlb. 1, irk F R If, I, i N 1 1 7" N R, 1("F"
FM V1 t M 1 1`'N AE, !,'I, I ws 41i C dnd"i 1� R M, 1:1 S N i -%Tf%'PS o'R 4 S' i !I N N 1 ECT VX 11 E 1:1 ('K 11 N 1, k 1
��j pf i-y N p 0 f V '1''i N I. k 1" N 'I L 1 111 1 R i", V R 1 S f S k i N
I S' T� 0 k! ACTR."N�"" 'I ", i Z I � N N
VANS, W A:' KE"IEN 1: X 0 7 �OY K XTA', ER" .1J, I V. !).'0 1,, E.M'T. 1N4a,'ROM Y(WIi, LN" A W
.v
"'-u ag!av o �r�d-nmflfll'",&iij RAJ
ra, NO
1"C"Qn ow ods Lwwr"G h�hcvo•' k 'I vo7k"a'-
iD.' 111dC1 'j'n'd p:,fl !)U ()T IhT'
j"� A I0 ii
d -q
Date: Date:
Company Client
Signature: Signature:
Name/Title- Namerritle;