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CONTRACT 6686 One Page Service Agreement CLOSEDAgreement No. 6686 Services Agreement CONTRACTOR Morningstar Productions, LLC DATE MAILED: 6119/2023 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 20 10 1185 or equivalent. 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 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. ❑ 00,000 - 300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® LA orkers' Corn ensation Insurance: as required by State Statutes with Waiver of Subropattorl. (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). ❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions. ❑ Copy of valid picture I.C. (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 PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by (compLeje all I n : COLOR COPY REQUIRED BACK TO THE CITY Company Name: ant naA tip . Moran IarProdlSc ons,LLC Tian �an on Operations Manager Company213 Sa dalwood Crlr Vert r s Aulho a nature ►e4uired: Morgenstern" y 2, City, State, Zip: 2023 Murietap CA 92662 Phone: 3 F151-677-6477 Vendor's Email address: Vendors Web site: -briarrshannon@msFnp.com 1Msm xorn Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, Ell Segundo, CA 90245-3813 Originator/Department Contact: R n De ado Date initiated: 5/3012023 Department Head Approval: 0",ra ce Approval: G� City ttomey ._ . N/A City Manager Date App ad: 61191Z023 Dale 9ryjd: K-� z �f " for City Clerk ., Morning Star Productions Services Agreement 2023 Revised 312W3 Agreement No. 6686 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 particutars, 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 Sellers performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. 11, 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 c1rcumstanoes. 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 ail transportation costs, other retated costs incurred,, or payments to Seller in accordance with the terms of this order for unaccepted Purchases, Notwithstanding CiVs acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud. &CHANGES. City may make changes within the general scope of this order In drawings and specifications for specialty manufactured supplies, place of defivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such chance 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 wriften approval, Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of recelpt 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 performarmoe until such termination the unit or pro rasa order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Sellers default if Seller refuses or falls to comply with this order, If Seller does not cure such failure within a reasonable Gme 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.TERM 1 TIME EXTENSION. This Agreement's term will be from 71112023 to 7110/2023 City may extend the time for completion if, in City's sole determination, Seller was delayed because of causes beyond Seller"5 control and without Seller's fault or negligence. In the event delay was caused by City, Seller's sole remedy its limited to recovering money actually and necessarily expended by Seller because of the delay, there is no right to recover an0cipatedl profit,. CREMEDIES CUMULATIVE. City"s rights and remedies under this order are not exclusive and are in addition to any legal rights and remedies. 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 Citv's opportunity to reject.. Morning Star Productions Services Agreement 2023 &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.. 9.11NDEMNIFICATIOK Seiler agrees to indemnity 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 perfonance. 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 Cily"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 wig 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. %INOEPENDENT 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 dratted 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. 17. PREVAILING WAGES. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by A9 975 (2001)), 1771. 1774, 1775, and 1776, CONTRACTOR must pay its .workers Agreement No. 6686 prevailing wage. It is CONTRACTOR'S responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damage resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2. copies of the prevailing rate of per diem wages are available upon request from CITY s Engineering Division or the webs'ite for State of California Prevailing wage determination at h0y:11w r.dir.m: govMLSRJP"u U A copy of the prevailing rate of per diem wages must be posted at the job site. 18.CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, this Agreement takes precedence over any attached exhibit with conflicting provisions. 18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for CONTRACTORSs services not to exceed a total of $8,280 for the work. CITY will pay for work as specified in the attached Exhibit 'A,' which is incorporated by reference.. 20.EXHIBITS. [IDENTIFY AND LIST EXHIBITS] Morning Star Productions Services Agreement 2023 Agreement No. 6686 City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo CA 90245 74NIBIT - SOPE OF SEROft+ E MORNINGSTAR PRODUCTIONS LLC. agrees to provide sound system rental services for the City of El Segundo's 2023 Fourth of July Celebration. Details for equipment rental and labor services are itemized in quote #0233946 Any changes to dates and times will require an approval from Recreation & Parks Department. City agrees to pay MORNINGSTAR PRODUCTIONS, LLC for the performance of such services, the sum of: o Eight thousand, two hundred and efighty dollars. ($8,280.00) Morning Star Productions Services Agreement 2023 Agreement No. 6686 41213 Sandalwood Clr Murrieta, 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: Q233946 City of El Segundo 4th of July 2023 Ryan Delgado 1(310) 524-2741. Morningstar to deliver and set at 10:00am on July 3, 2023 Event on July 4, 2023 from 10:00am to 3:00pm and 5pm to 10:00pm Morninastar to remove after the Account Manager I Job Reference or PO 0 1 Sheldon Street Sequndo, CA 90245 Discount Brian Shannon Required See Below Tax Rule Deposit Deposit Due Date Shlpping Method Tax Murrista April 2019 $0.00 7/3R023 MSTAR DELIVERY Ship Date Load In Show Start Load Out Return Date 7/3/2023 8:00 AM 7/3/202310:00 AM 7/4/2023 10.00 AM 7/4/2023 10:00 PM 7/4/2023 11:30 PM Type Qty. Description Note Time Rate Price Price Ext. Audio Rental 2 JBL VRX 4 Pack Speakers Main left / right speakers. Rental 1 JBL VRX 3 Pack Speakers Ball field stage right fl1. Rental 3 Genie ST 25 Lifts for speakers. Rental 12 Wood Shims for Genies Rental 6 Genie Safety Rental 4 Radian RPS 218 Dual 18" Subwoofer Main sub woofers. Rental 2 JBL VRX 2 Pack Speakers Stage left and stage right fill. Rental 2 JBL VRX 918s Subwoofer Sub woofers for stage right and stage left fill. Rental 2 JBL Adjustable Threaded Speaker Pole Speaker poles for Extension - 36" to 58" stage left and right fill. Rental 6 JBL SR4702X 12" Speaker/Monitor Stage Monitors Rental 2 NL4 (F) to Dual NL4 (F) Rental 1 NL4 (F) to Dual NL2 (M) Rental 1 NL4 Speakon Kit - Large 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 2 Subsnake 6 Channel - 30' Rental 1 MIDAS M32 Digital Audio Console Rental 1 Apple [PAD Rental 1 Dual RCA (M) to Dual 1/4" TS (M) 6/21/2023 8:36 AM Page 1 of 3 Agreement No. 6686 Quote (Quote Number. 0233946) Type t'dty. Description Note Time Rate Price Price Ext. Rental 1 Work Sox "B" Microphone, DI, Cable and Adapter Package Rental 1 Mic Stand Kit- C Rental 1 Shure QLXD 2 Pack Combo System w/Distro Retail 8 AA Battery Audio Total: $4,609.12 Power and Accessories Rental 1 5 Wire Cam Set Banded -2 AWG 50' Rental 1 Distro Panel - LEX Cam Tails Cam Tails Ih With 4 -20 Amp Edison and 3 - 50 Amp Hubbel Outs Rental 1 Power Dlstro Kit- B Rental 2 6/4 Power Cable - 25' Rental 10 Cable Ramp Guard Dog - 35.5" Long 35.5" Long Without End Connectors Rental 1 Cable Ramp Cart Rental 1 Canopy White -10' x 10' Rental 4 Sand Sag Black - 35 LB Rental 1 Bucket of Wood Shims (20) Rental 1 6ft Table Spandex - Black - 6' Power and Accessories Total: $449.00 Labor Labor 1 Lead Audio Technician Labor 1 Assistant Audio Technician Labor 1 Morningstar Labor Load In Labor 1 Morningstar Labor Load Out Labor Total: $3,500.00 Transport and Lodging Travel 1 Hotel Travel 2 Per Diem Rental 1 F350 & 24' Trailer Service 200 Trucking Mileage Transport and Lodging Total: $1,090.00 6/21/2023 8:36 AM Page 2 of 3 Agreement No. 6686 Notes: Terms: 1. A signed copy of the quote due by March 1, 2023. (All pages) 2. NET 30 with City of El Segundo purchase order. 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 firne 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%. S. This quote is valid until March 1, 2023. X Agreed and Accepted By: Date: Subtotal: Discount: Sales Tax: Administration Fee: Total: Total Applied Payments: Balance Due: Quote (Quote Number. 0233946) $9,648.12 ($1,648.74) $0.62 $280.00 $8,280.00 $0.00 $8,280.00 6/21/2023 8:36 AM Page 3 of 3 Agreement No. 6686 Murrieta Rit ' , WE PC 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 0233946 Name City of El Segundo 41h of July 2023 Account Manager Brian Shannon Quote Date 1/20/2023 Venue Address 401 Sheldon Street El Sequndo, CA 90245 Ship Date Return Date Status Terms Total 7/3/2023 8:00 AM 7/4/2023 11:30 PM Tentative See Below $8,280.00 RENTALIS N;l"ttAC'i" TERMS AND CON IMOINS. REVISED JANUARY 2017 For emergency service please ernsxt C_ nm , jiP ll., :1 , ._ Ii ' I . ;'I , :i! I11 _ , 1.1 I All 11•. ;1 .1 .,i% I, .. 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