CONTRACT 6557 One Page Service Agreement CLOSEDAgreement No. 6557
Services Agreement
DATE MAILED.1111612022
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 forth below wiff be a combined single limit per occurrence for bodly 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.
® Comprehensive General Liability, 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:
® $1,000,000 per occurrence.
❑ 1� Pq&0O 300 000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers` Com ensation. Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ �usiness 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).
❑ 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.
❑ Coov of vaW picture 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 FOR THE CITY.
Subrnitled b com lele all blanks): COLOR COPY REQUIRED BACK TO THE CITY
Company
Print me bill eQ
PacificCoast Entertainment
r ct tv� < , c7
Company Street Address.
Vendors Authoriz nature required.
7601 WoodvAnd Dr..
Zip:
Dot Igrtred (�
HuntiState,
tonBeach,CA„ 2647
Phone:
FAX:
714 841- 8455
'714 847 - 4271
Vendor's Email address:
ryan@�opce.com
Mail original agreement and insurance to: City of El
OriginatolDepartment Contact 6ulle Todd
Department Head Approval:
Finance Approval:
City Manager. City Clerk:
PCE SA-1 11622
City ler 50 in Street, Room 5, El Segundo, CA90245-313113
Dale initiated:
Ill Date Approved: �.
Dal p ov II y
,
my AtlomeY:
11116122
Agreement No. 6557
1,GENERALLY. The materials, supplies, or services (collectively,
&PAYMENT. City will pay Seller after receiving acceptable invoices for
'Purchased covered by this services agreement and purchase order
materials and supplies delivered and accepted or services rendered and
('order") must be furnished by Seller subject to all the terms and
accepted. City will not pay cartage, shipping, packaging or boxing
conditions contained in this order which Seller, in accepting this order,
expenses unless specified in this order. Drafts All not be honored.
agrees to be bound by and comply with in all particulars. No other terms
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
or conditions are binding upon the parties unless subsequently agreed to
harmless from and against any claim, action, damages, costs (including,
in writing. Written acceptance or shipment of all or any portion of the
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase covered by this order constitutes unqualified acceptance of all
Purchase or the order, or their performance. Should City be named in
terms and conditions in this order. The terms of any proposal referred to
any suit, or should any claim be brought against it by suit or otherwise,
in this order are included and made a part of the order only to the extent
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 (at City's request and
only to the extent that such terms are consistent with the terms and
with counsel satisfactory to City) and indemnify City for any judgment
conditions of this order.
rendered against it or any sums paid out in settlement or otherwise. For
2.INSPECTION. The Purchase fumished must be exactly as specified in
purposes of this section 'City' includes City's officers, elected officials,
this order, free from all defects in Seller's performance, design,
and employees. It is expressly understood and agreed that the
workmanship, and materials, and, except as otherwise provided, is
foregoing provisions will survive termination of this order. The
subject to inspection and test by City at all times and places. If, before
requirements as to the types and limits of insurance coverage to be
final acceptance, any any Purchase is found to be incomplete, or not as
maintained by Seller, and any approval of such insurance by City, are
specified, City may reject it, require Seller to correct it without charge, or
not intended to and will not in any manner limit or qualify the liabilities
require delivery of such Purchase at a reduction in price that is equitable
and obligations otherwise assumed by Seller pursuant to this order,
under the circumstances. If seller is unable or refuses to correct such
including, without limitation, to the provisions concerning indemnification.
items within a time deemed reasonable by City, City may terminate the
10.WARRANTY. Seller agrees that the Purchase is covered by the
order in whole or in part. Seller bears all risks as to rejected Purchases
most favorable commercial warranties the Seller gives to any customer
and, in addition to any costs for which Seller may become liable to City
for the same 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 Seller
be effective notwithstanding any inspection or acceptance of the
in accordance with the terms of this order for unaccepted Purchases.
Purchase by City.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
11.ASSIGNMENT. 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 make changes within the general scope of this
order without City's written approval. Should City give consent, it will not
order in drawings and specifications for specially manufactured supplies,
relieve Seller from any obligations under this order and any transferee or
place of delivery, method of shipment or packing of the order by giving
subcontractor will be considered Seller's agent.
notice to Seller and subsequently confirming such changes in writing. If
12.INSURANCE. Seller must provide the insurance indicated on the
such changes affect the cost of or the time required for 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 permits and licenses,
be made. No change by Seller is allowed without City's written 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
14,INDEPENDENT CONTRACTOR. City and Seller agree that Seller
in writing within thirty (30) days from the date of receipt by Seller of
will act as an independent contractor and will have control of all work
notification of such change unless City waives this condition in writing.
and the manner in which 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 under
of the order as changed.
contract 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 right to direct Seller 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 Wthin a reasonable time period, or fails to perform
15.WAIVER. City's review or acceptance of, or payment for, work
the Purchase within the time 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 or
5.7IME EXTENSION. City may extend the time for completion if, in
of any cause of action arising from Sellers performance. A waiver by
City's sole determination, Seller was delayed because of causes beyond
City of any breach of any term, covenant, or condition contained in this
Sellers control and without Sellers fault or negligence. In the 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. I
16.INTERPRETATION. This Agreement was drafted in, and will be
&REMEDIES CUMULATIVE. City's rights and remedies under this order
construed in accordance with the laws of the State of California, 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. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actuall inspection and Crty's oopoinunity to reject.
PCE SA„117622 116122
Agreement No. 6557
City of El Segundo
Recreation, Parks and Library Department
401 Sheldon Street
El Segundo CA 90245
Quote #22-2269 0 FINAL
PCE SA-111622
Q1111612/2
Agreement No. 6557
Quote P AWl riiiiiiiiiiiiiiiiill
22-226
9 If v ii-a s Activated
Jeff Cason Festival of Holidays'"""'
76o1 Woodwind Drive, Huntington Beach, CA, 92647 • Phone: 714-84i-6455 • Fax: 714-847-4271 • www.goPCE.com
Bill To Designated Contact Venue
Jeff Cason - Personal Jeff Cason - Personal 350 Main Street
Mobile: (310) 529-4911 Mobile: (310) 529-4911 El Segundo, CA 90245
Phone: (310) 529-4911 Phone: (310) 529-4911
Email: Jeff.Cason@gmail.com Email: Jeff.Cason@gmail.com
Delivery Method: PCE Delivery
Delivery Window: Friday Dec 2 2022, 1o:oo AM - 12:00 PM
Return Method: PCE Pickup
Pickup Window: Saturday Dec 3 2022, 7:00 PM - 9:00 PM
Department:
Sales Rep:
Status:
Terms:
Rentals
Ryan Steidinger
Tentative
COD
Type Qty
Item Description
Billed At
Price Disc
Ext. Price
Rental 4
Antari S-200 Snow Machine - 3-Pin DMX
1 Day
125.00
500.00
Note: Machine comes Full with Fluid
Retail 4
Complimentary Fluid Fill for Fog/Haze/Snow Machine
0.00
0.00
Rental
Rental 4
Standard IEC Cable (Edison 5-15P to IEC C13)
0.00
0.00
Rental 4
Safety Cable
0.00
0.00
Rental 4
C-Clamp - Heavy Duty
0.00
0.00
Rental 4
Component: Remote for Antari/Elation Snow Machine
0.00
0.00
(SC2) - 4-PIN
Rental 4
Wooden Case for Antari S-200/SW-250
0.00
0.00
Fixtures Total: 500.00
Rental
1
ETC ION XE Lighting Console - 4 Universe (5-Pin)
1 Day 450.00
450.00
Rental
1
Component: Dust Cover for ETC ION XE 2000
0.00
0.00
Rental
1
Littlite - 3-Pin/Right Angle
0.00
0.00
Rental
1
Wired USB Mouse
0.00
0.00
Rental
1
Wired USB Keyboard
0.00
0.00
Rental
1
Standard IEC Cable (Edison 5-15P to IEC C13)
0.00
0.00
Rental
4
DMX 5-Pin Male to 3-Pin Female Adapter
0.00
0.00
Rental
2
Display Port Male to DVI Female Active Adapter
0.00
0.00
Rental
2
DisplayPort to HDMI Adapter
0.00
0.00
Rental
1
Component: ION XE 2000 Pelican Case
0.00
0.00
Rental
2
24" Monitor- Dell P2419H - VGA/HDMI
0.00
0.00
Rental
2
Component: Base for Dell P2419H
0.00
0.00
Rental
2
Component: Stand Riser for Dell P2419H
0.00
0.00
Rental
2
Standard IEC Cable (Edison 5-15P to IEC C13)
0.00
0.00
Rental
2
SKB Case for Dell P2419H Monitor
0.00
0.00
Rental
2
VGA Cable -Male to Male - 6' (Purple Rip -Tie)
0.00
0.00
Rental
2
HDMI Male to DVI-D Male Single -Link Cable - 6'
0.00
0.00
or longer
Rental
1
Chauvet Data Stream 3 and 5 Pin DMX Opti Splitter - 1 In
1 Day 25.00
25.00
and 4 Out
Quote 22-2269 Page a of 5 /J
Generated 9/26/2022 1:51 PM Bates 6240caab G Initial LL
Type Qty Item Description Billed At Price Disc Ext. Price
Rental 1 Standard IEC Cable (Edison 5-15P to IEC C13)
Rental
1
Cable Package
1 Day
Rental
8
Edison Cable - 15' (Green Rip -Tie)
1 Day
Rental
12
Edison Cable - 25' (Red Rip -Tie)
1 Day
Rental
18
Edison Cable - 50' (Blue Rip -Tie)
i Day
Rental
16
Cube Tap
i Day
Rental
36
DMX Cable 5 Pin - 5'
1 Day
Rental
8
DMX Cable 5 Pin - 25'
1 Day
Rental
6
DMX Cable 5 Pin - 50'
1 Day
Rental
6
DMX Cable 5 Pin - loo'
1 Day
Rental
4
DMX 3-Pin Male to 5-Pin Female Adapter
1 Day
Rental
4
DMX 5-Pin Male to 3-Pin Female Adapter
i Day
Rental
4
Genie ST-25 Super Tower - 25'
1 Day
Rental
8
Component: Genie ST-25 Fork Extension
Rental
8
Component: 4' Leg for Genie ST-25
Rental
8
Component: 3' Leg for Genie ST-25
Rental
4
12" GP Box Truss - lo' (Black)
1 Day
Rental
16
Truss Bolt Set - 5/8"
Rental
1
1.5" Schedule 4o Black Pipe - lo'
1 Day
Rental
2
1.5" Schedule 4o Black Pipe - 8'
1 Day
Rental
2
1.5" Schedule 4o Black Pipe - 6'
1 Day
Rental
4
Round Base - 5olb / 1.5" Thread
1 Day
Rental
2
Rigid Cheeseboro Clamp- Steel
1 Day
Rental
4
GAC-Flex Wire Rope Sling - 6'
1 Day
Rental
4
GAC-Flex Wire Rope Sling - 3'
1 Day
Rental
8
Shackle - 5/8"
1 Day
Rental
30
Production Sand Bag - 351b (Blue Strap)
i Day
Rental 9 SteelDeck - 4'x8'
Rental 54 Bolt with Wingnut for SteelDeck - Miox6omm Grade
8.8
Rental 36 Stage Leg for SteelDeck (No Coupler) - 36" F.H.
Rental 2 24" - 48" Adjustable Stairs for Steel Deck - Six Step
Rental 4 Component: Handrail for 24" - 48" Adjustable Stairs
for Steel Deck
Rental 4 Bolt with Wingnut for SteelDeck - Miox6omm Grade
8.8
Rental loo Wood 1/2" 12"x12" Pad
Trucking 35 Point to Point Miles- Box Truck
0.00
Control Total:
0.00
5.00
6.00
8.00
1.50
2.00
3.00
6.00
10.00
2.00
2.00
Cable Total
175.00
0.00
0.00
0.00
75.00
0.00
10.00
8.00
6.00
15.00
2.50
5.00
4.00
3.00
6.00
Rigging Total:
1 Day 55.00
0.00
1 Day 0.00
1 Day 150.00
0.00
0.00
475.00
0.00
40.00
72.00
144.00
24.00
72.00
24.00
36.00
6o.00
8.00
8.00
488.00
700.00
0.00
0.00
0.00
300.00
0.00
10.00
16.00
12.00
6o.00
5.00
20.00
16.00
24.00
180.00
1,343.00
495.00
0.00
0.00
300.00
0.00
1 Day 1.50 150.00
Staging Total: 945.00
Both Ways
626.00 626.00
Quote 22-2269 Page 2 of 5 Av / p
Generated 9/26/2022 1:51 PM Bates 6240caib G �1 Initial far"",
Type Qty Item Description Billed At Price Disc xt. Price
Trucking Total: 626.00
Quote 22-2269 Page 3 of 5
Generated 9/26/2022 1:51 PM Bates 6240caib G Initial "'
Quote
22-2269
Jeff Cason Festival of Holidays
Agreem .6557
PCE
F-.venrs,Activated
7601 Woodwind Drive, Huntington Beach, CA, 92647 • Phone: 714-84i-6455 • Fax: 714-847-4271 • www.goPCE.com
Summary for Quote22-2269
Carefully review the following for accuracy
Delivery Method: PCE Delivery
Delivery Window: Friday Dec 2 2022, ro:oo AM - 12:00 PM
Return Method: PCE Pickup
Pickup Window: Saturday Dec 3 2022, 7:00 PM - 9:00 PM
Venue:
350 Main Street
El Segundo, CA 90245
Subtotal: $4,377.00
Orange County Sales Tax: $0.00
Total: $4,377.00
By signing this Contract, you indicate that you are an authorized agent of the above -named 'Bill To" Account.
Your signature constitutes your acceptance of this Contract and our Standard Terms & Conditions (below).
signature: ",,—i _j
PL
Quote 22-2269 Page 4 of 5
Generated 9/26/2022 1:51 PM Bates 624ocaib /R�D�QG Initial
Standard Terms and Conditions between Lessee and Bar None Group, inc dba Pacific Coast Entertainment (PCE) Agreement No. 6557
Revised o9/29/2o2o
Availability: Equipment availability and pricing are subject to the availability at which time a quote is moved to Confirmed status in PCE's rental system, PCE does not hold or reserve any equipment
until a signed quote is received and PCE has had time to verify the availability of such equipment, PCE reserves the right to make substitutions to equipment on an as needed basis, and will always use like
or better substitutions,
Purchase Orders: Ifyour organization requires a Purchase Order (PO), please send that to us ASAP, If a PO is required and not provided, Pacific Coast Entertainment is not responsible for pursuing the
PO, Once the invoice is sent to the client (with or without the PO), payment is still due according to the terms of the contract,
Rental Deliveries: Delivery times are provided to customers in 2-hour windows, It is the customers responsibility to beat the delivery location ready to accept equipment during this window. Any
delays caused by customer map result in additional charges, or a missed delivery. In the event of a missed delivery, the customer may pay an additional delivery fee, and reschedule delivenat PCE's
availability. On rental orders with delivery and/or pickup, PCE only provides a driver to assist in the loading and unloading of equipment It is the customers responsibility to assist in unloading as
needed, Once equipment leaves PCE's truck custody is transferred to the lessee. Delivery windows are not guaranteed and may be subject to delays within or outside of PCE's control, PCE shall not be
liable for consequences or damages resulting from delays in delivery resulting from circumstances within or outside of PCE control.
Rental and Production Cancellation Policy: For any, rental orders cancelled within 1 business day of your expected ship or will call time a 75% restocking fee will be assessed, For rental orders
cancelled within 3 business days of expected ship, a 5o% restocking fee will be assessed, For any production order cancelled within 5 business daps of your expected delivery time, customer will be liable
for a 75%restocking fee on equipment, as well as the full value of labor and delivery charges for first scheduled day of work.
Retail Cancellation and Restocking: Returns are accepted on in stock and special -order items for a period of 7 days from the time of delivery and are subject to the following restocking fees, In stock
retail items are subject to a 3o% restocking fee. Special order items are subject to a 60% restocking fee. Custom and made to order products may' not be cancelled and are non-refundable and non-
returnable due to the custom nature of these items.,
Rush Orders: For rental and production orders that confirm within 24 business hours of the ship time, PCE may charge a $150 nonrefundable rush fee,. This fee will remain in place even in the event of
order cancellation, in addition to standard cancellation fees. Orders confirmed within 24 business hours are still subject to equipment and labor availability,. Confirm with your agent the feasibility of such
orders,.
Interest and Credit Card Fees: If any balance owed to PCE is over 14 days past due, the remaining balance will bear an interest of r.5% per month. Lessee agrees to pay' any attorney, court, legal or
collection fees related to the collection of any balance that is 45 days or more overdue. A 3.5% Processing Fee will be added to the total of any Credit Card payment applied to a Quote totaling $2,500..00 or
greater.
Use and Return of Equipment; Lessee agrees to return equipment in the same condition that it was received, All equipment must be returned by the time and date stated on confirmed contract, unless
otherwise agreed to, in writing, between lessee and PCE. If equipment is not returned by the agreed upon time, lessee will incur additional charges for each day equipment is not returned, and shall be
liable for any losses PCE incurs due to the late equipment„ If lessee fails to return equipment or loses equipment, PCE will bill lessee at PCE's list rate for missing equipment. It is lessee's responsibility to
ensure that all equipment is received at time of pickup, and returned by the time and date stated on confirmed contract,. PCE will inform lessee of any missing equipment once returned items have been
checked in to PCE's system, and items have been thoroughly inspected for damage Equipment shall only be used by qualified agents determined by the lessee. Failure to operate equipment due to a lack of
training, or qualification is not cause for refund and shall incur full rental charges if equipment is deemed by PCE to be in working order. Lessee agrees to adhere to any restrictions and laws during the use
of this equipment. Once equipment is in the possession of the lessee, the lessee is responsible for any loss, damage or theft including but not limited to: burglary, fire, fraud, disappearance, water,
confiscation or acts of God. In such instances lessee agrees to pay PCE the full replacement value of the item(s) without depreciation in addition to PCE losses or damages resulting from the inability to
rent such equipment, and PCE inventory control costs as determined by PCE. If an item can be repaired as determined by PCE, the lessee agrees to pay the costs as determined by PCE to repair the item.
Liability of PCE: The lessee acknowledges that it has examined all equipment and found it inappropriate working order. Non-functioning equipment shall be reported to PCE immediately at the time of
discovery via the PCE after hours phone number- 714-727-5400.. In the instance of damaged or inoperable equipment the lessee shall return the equipment during regular operating hours to PCE for
repair or replacement, In the instance that PCE cannot repair or replace the equipment, the lessee is entitled to a pro -rated refund or credit, that is limited to the rental value of the non-functioning item,
Lessee accepts that any and all senices, equipment and labor are provided without guaranty of any kind. Lessee further understands that PCE assumes no liability whatsoever for any person, company or
other entity for any type of injury or damage claim related to a) equipment b) use of equipment c) any labor or services provided as a result of this contract. Lessee waives the right to any claims against
PCE.
Ownership: Lessee acknowledges that PCE maintains sole ownership of all equipment.. Lessee shall not sub -rent or transfer any of the equipment under this agreement to any other party, Lessee does
not have any right to mortgage or guarantee any equipment in this contract to any other party.
Representations and Warranties: PCE makes no warranties. Lessee acknowledges that the equipment is of a model, size, and design selected by or equal or exceeding that selected by the Lessee,. PCE
has not made and does not make anv representation or warrant), regarding the condition, quality, durability, suitability, or merchantability of equipment as to the use to which it is being applied. Lessee
agrees to hold PCE harmless for any illegal use, nonperformance of equipment, and specifically for any unauthorized use where life -threatening or substantial risk to life and/or property may be present.
PCE shall not be responsible for any subsequent costs incurred by lessee for equipment failure.
Indemnity: Lessee agrees to indemnify and hold PCE and all of its employees, subcontractors, officers and agents harmless from any legal claims, actions, lawsuits, and other proceedings resulting from
use of equipment or execution of this lease. The exception to this being the willful negligence of PCE.
Shipment: Unless otherwise specified and agreed upon by PCE and the lessee, the lessee is responsible for any and all costs of shipment to and from the lessee.,. Lessee is responsible for any, loss or
damage of equipment during shipping. PCE's acceptance of returned equipment does not waive lessee's responsibility for damage prior to return, PCE will test and check all equipment and inform lessee of
any identified damages within 7 days of return.
Union and Incidental Costs: Lessee agrees to be responsible for all union fees, venue fees, promoter fees, dock fees, parking and yard fees, electrical fees and any fees pertaining to weight of
equipment, trucking and permitting and any storage fees pertaining to this contract,
Insurance / Security Deposit:
a, Equipment: Lessee agrees that it is responsible, at the lessees cost, to insure all equipment for its full replacement cost Coverage must begin at the time the equipment leaves PCE's premises„ Insurance
should name PCE as the payee for loss or damage to the equipment, Limit of insurance must be sufficient to cover the replacement cost of the entire contract,
b, General Liability: Lessee agrees to maintain, at its cost, a general liability policy including coverage for independent contractors and contractual liability pursuant to this contract in a policy amount
meeting or exceeding $1,000,000 per occurrence, Insurance should name Bar None Group, Inc, as additionally' insured for the term of the contract and must include Broad Form Contractual Liability,
Personal Injury Liability, Completed Operations and Products Liability, In the case of a claim this policy must be exhausted before any obligation arises under PCE's Insurance.
c. Insurer: Any insurance obtained by the lessee pursuant to this contract must be issued by an insurance carrier who is authorized to do business in the state of California and who maintains a BEST rating
of A or better.
d. Waiver: All insurance maintained by the lessee in accordance with this contract and its above terms and conditions shall contain a waiver of subrogation against PCE.
e. Certificate of Insurance: Before taking possession of any equipment the lessee shall provide a certificate of insurance along with any other insured, loss and payee endorsements confirming the coverage
specified in the above terms and conditions,: All certificates must be signed by an authorized agent of the insurance company.
I. A Credit Card authorization must remain on file with PCE to cover lost, missing, late, and/or damaged equipment,. This card will be charged for such overages unless another payment method is
provided, Said card must remain active and maintain an available balance sufficient to cover the maximum damages applicable to your order, including total loss and lost revenue damages.. ATM and
debit cards will not be accepted; cards must be a true credit card drawn on a major institution. PCE reserved the right to determine card eligibility on a case by case basis.
Legal Proceedings: This lease shall be governed by the laws of the state of California, Lessee agrees that any legal proceedings resulting from this contract will be brought in the Superior Courtin the
State of California for the County of Orange. Lessee agrees to pay PCE's legal fees that arise from legal proceedings relating to PCE's enforcing the terms and conditions of this contract, The lessor and
lessee agree that if the lessor was to breach the provisions of this contract by failing to provide agreed equipment or services that damages would be extremely difficult to determine and any proof of
damages would be speculative. Due to these facts, parties agree that in such an event PCE will be obligated to pay the lessee up to a sum of $5oo as liquidated damages and the lessee shall accept this sum
in lieu of all other monetary damages that have or may have been suffered due to lessor's said breach„
Government Permits and Licensing Laws: Lessee is responsible to obtain any permits or licenses pertaining to the use or operations of equipment. Furthermore, the lessee agrees to comply with all
applicable laws and regulations.
Penal Code Provisions: Lessee acknowledges the California Penal Code Section-484 which states that the intent to commit theft by fraud may be presumed if one who has leased or rented the personal
property of another pursuant to a written contract fails to return the property to its owner within 20 days after the owner has made a written demand following the expiration of the lease or contract.
Lessee also acknowledges that Penal Code Section-484 also states that such intent may be presumed if one presents to the owner the personal property identification which bears false information for the
purposes of obtaining a lease or rental agreement,.
Additional Provisions: The general terms and conditions addressed above shall apply to all and any equipment rented or leased from PCE. Section headings are for convenience and should not be
considered among the terms and conditions of this contract.
Severability: If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or
provisions contained within this Agreement, but such term or provision shall be deemed modified to the extent necessary in the courts opinion to render such term or provision enforceable, and the rights
and obligation of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreement of the parties herein set forth.
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