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CONTRACT 6558 One Page Service Agreement CLOSEDAgreement No. 6558 Services Agreement CONTRACTOR Roger PuIGs DATE MAILED 11222022 Below you will find a checklist relating to Insurance and other requvemonls that' are required for doing business with the City of Ef 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 I O-CGL Form No. Cf3 00 01 1185 or 88, The amount of insurance set forth below will be a combined single Wil per occurrence for bodily injury, personal injury, and properly damage for the policy coverage Liability policies will be endorsed to inr!mr the City, its officials„ and employees ae "additional insureds" 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; "claimti made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prJor 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 operakins, independent contraclors. personal rnlury and contractual obligations mth combined single limits of coverage of at least 5f 000 per occurrence. Auto llabild . including owned, non and hired vehicles with al IeasL 1 000 000 per occurrence. ❑ S 100,000.300,000 per occurrence ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company ® LWYorkers' Com ensatton Insurance: as required by State Stalutes. (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). ❑ Permds- Plans must be approved and permit(s) issued (no fee) by the Community. Econonrc and Development Services Department if approphale. Call the Building Manager @ (310) 524-2345 if you have questions. ❑ OSy of va 1d 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, rnorot try r inn r ie a i oiaia, COLOR COPY REQUIRED BACK TO THE CRY Company Name: By int OaMc- 5 ,1ie Felix Lighting omoany Serer Address' �dendi�rNTr r r1r 'rid Phone SBr s9264 i 80 Vendors Entail address: rogerCafe!!xhgnt!ng Com_ Mail original agreement and insurance to: City of Originator Dwar•ment Contact __ 4 D!oa,,! + nt Head Approver Finance ADpravd: Clij Ma -roger C".,v Om Fe' " 09Hma so 5;E Segundo, CA 90245.38)9 DaArm* 11 2222 Agreement No. 6558 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 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 ar 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. 5JIME 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. 6.1REMEDIES 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. 1G.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. 14.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 Seiler 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. %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. Felix Lighting 12022 Agreement No. 6558 City of El Segundo Recreation, Parks and Library Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT "A!— SCOPE OF SERVICES FELIX LIGHTING agrees to provide automated lighting rentals and various equipment for the City of El Segundo's ,Joy Around the World,. Any changes to dates and times will require approval from Recreation, Parks and Library Department. EXHIBIT "B" — COMPENSATION SCHEDULE City agrees to pay FELIX LIGHTING a sum not to exceed five thousand two -hundred dollars ($5,200). Per quote: LA22-4272 Felix Lighting 12/8/22 Agreement No. 6558 Felix Lighting 17116 Valley View Ave La Mirada, CA 90638 Phone: 562.926.4780 Fax: 562.926.4860 CITY OF EL SEGUNDO 350 Main Street El Segundo, CA 90245 Lighting Designer: Jeff Cason Mobile: 310-529-4911 Invoice Invoice Number: LA22-4272 I!I ! I[II I IIlI[111[IIIB II !I[II [II LA22-4272 JOY AROUND THE WORLD (Jeff Cason) 'WILL CALL PICKUP" FESTIVAL OF HOLIDAYS 350 Main Street El Segundo, CA 90245 Invoice Date Account Manager Customer PO Terms Shipping Method Sales Tax 11/30/2022 Roger Pullis Pre -Pay Upon Will Call Agreement Invoice Number Ship Date Return Date Due Date LA22-4272 121212022 10:00 AM 12/5/2022 9:00 AM 11/30/2022 Type Qty. Description Note Time Rate Automated Lighting Rental 16 Clay Paky Sharpy, Black 12+4 Spare 1 Week Rate Rental 16 PBG (M) to Powercon In 1 Misc 4 NO CHARGE for Spare Unit 1 Week Rate Rental 6 GLP Impression X4 4+2 Spare 1 Week Rate Rental 6 PBG (M) to Powercon In 1 Week Rate Misc 2 NO CHARGE for Spare Unit 1 Week Rate Rental 13 SGM P-10 RGBW LED IP 12+1 Spare 1 Week Rate Rental 13 SGM P-10 Filter Frame - Wide 45deg 1 Rental 13 PBG (M) to True1 In (new) 1 Misc 1 NO CHARGE for Spare Unit 1 Week Rate Rental 6 Color Kinetics ColorBlaze 72" RGB 4+2 Spare 1 Week Rate Rental 12 Hook Clamp Black 1 Rental 12 Floor Trunnion 1 Rental 6 IEC Cable 1 Misc 2 NO CHARGE for Spare Unit 1 Week Rate Cases Rental 1 ColorBlaze 72 Case - 6x 1 Week Rate Rental 1 Impression X4 Case - 6 unit 1 Week Rate Rental 4 Sharpy Case - 4 Unit 1 Week Rate DEPT ISO or REG PO P.O. ACT #L14, oo .. CZ5 e> PAS' THIS AMOUNT 1; 2- DATE , z i -z '2 12/112022 4:23 PM Page 1 of 2 Agreement No. 6558 Felix Lighting Legal: PAYMENT TERMS AND CONDITIONS - Upon Quote approval - Equipment rentals cancelled are subject to 25% restocking fee. - Within 5 business days of Ship Date - Equipment rentals cancelled are subject to 50% restocking fee, show labor payable at 100% rate. - Within 48 hours of Ship Date - Equipment rentals cancelled are subject to 100% restocking fee, event labor and prep labor payable at 100% rate. - There is a $35.00 fee for all returned checks. - A past due charge of 18% annually or 1.5% per month will accrue daily beginning the day after event based on the total outstanding balance due. - Credit card payments will be assessed a 4% administrative fee. - Labor is based on a 10 hour day, unless otherwise noted. - Client is responsible for all damages while in possession of Equipment. - Pricing and availability subject to inventory at time of confirmation. - Discounts only apply to on time payments. THE BELOW SIGNATURES CONFIRM THAT THE PARTIES HAVE READ AND ACCEPTED THIS QUOTE AND EACH AND ALL OF THE EQUIPMENT RENTAL TERMS AND CONDITIONS ATTACHED HERETO AS EXHIBIT A. PAYMENTS Please remit payment to: 17116 VALLEY VIEW AVE LA MIRADA, CA 90638 ATTN: ACCOUNTS PAYABLE Thank you. Notes: —Spare Counts Estimated and subject to change Invoice (Invoice Number; LA22-4272) Subtotal: $6,300.00 Discount: ($1,100.00) Sales Tax: $0.00 Delivery & Pickup: $0.00 Total: $5,200.00 Total Applied Payments: $0.00 Balance Due: $5,200.00 12/1/2022 4:23 PM Page 2 of 2