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CONTRACT 5397 One Page Service Agreement CLOSED Agreement No. 5397 Services Agreement CONTRACTOR. Felix Lighting Corporation DATE MAILED: 9113117 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI 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 BB. 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. ® ComDrehensive 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. ❑ $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. ® Workefs' CoCripepsation Insurance: 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 EI 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. ❑ CoDv of valid oioture 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 SEM TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submided by(cornol'ete all blanks: COLOR COPY REQUIRED ACK TO THE CITY Py aOmt�jr�Prinl nart AtIti Felix Lht I f r 9 n Corporation Vf„ 111 Company SU at Address:ass. �/ent -thonzed ature required. 6'Valy Mew CityState,Zip: D#signed: " La Mirada,CA 90638 Phone: FAX J562)9264780 J562)9264860 Vendor's Email address: ryan0felixrghting.corn Mail original agreement and Insurance to:City of EI Segundo—City Clerk 350 Main Street,Room 5,EI Segundo,CA 90245.3813 Originator/Depadment Conlecl. Meredith e6 n DatelNfiele FinanceDepa . rayed: Z otmttetat veN:App raya Dole p w pproo Dale Apptav cc:Businen Ucenee;City CI , Imhueing Agent Requesting Dept.name«„ 6,,., w , Felix Ughting ,�" � ................�" 10/7!17 City Attorney C' Ma ger .. Agreement No. 5397 1.GENERALLY. The materials, supplies, or services (collectively, ti.PAYMENT. City will pay Seller after receiving acceptable'invoices for 'Purchase') 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 will not be honored. agrees to be bound by and comply with in all particulars. No other terms 3.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 withoul 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 C'lty'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 furnished 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 wilt not in any manner limit or qualify the liabilities require delivery of such Purchase at a reduction in price that Is equitable and obligallons 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.WARRANT , Selter 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 11ASSIGNMENT. 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.CHANf1ES. 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 specialty 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 Sailer 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 dale 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 tills 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 unlit such termination the unit or may appear to give City the right to direct Seller as to the details of doing pro rate 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 Sellees Seller will follow the direction of the City as to end results of the work . default tf Seller refuses or fails to comply with this order. If Seger does only. not cure such failure within 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),Seger 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.TIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Seller's 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 Seller's control and without Seller's 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 Ilmited to recovery 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 CREMEDIES CUMULATIVE.City's rights and remedies under this order construed in aocordance with the laws of the Slate 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. 7rlle 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. Fedi Llghdng 1012!17 Agreement No. 5397 City of EI Segundo Recreation and Parks Department 401 Sheldon Street EI Segundo CA 90245 EXHIBIT"A""—SCOPE OF SERVICES FELIX LIGHTING agrees to provide professional lighting equipment for City of EI Segundo's Centennial Celebrate Event. Details for equipment rental are Itemized in quote#17-3623. Event Date:October 7,2017 Any changes will require approval from Recreation&Parks Department, EXHIBIT""S"°—COMPENSATION SCHEDULE City agrees to pay FELIX LIGHTING for professional lighting equipment a sum of thirteen thousand fifty seven dollars.($13,057.00) Felix Lighting 1=117 Agreement No. 5397 Felix Lighting e 17116 Valley View Ave La Mirada, CA 90638 Quote Number: 17-3623 Phone:562.926.4780 CELEBRATE(EI Segundo) Fax: 562.926.4860 Client (Venue/Site City of EI Segundo EI Segundo High School Monse Palacios 640 Main St 350 Main Street EI Segundo, CA 90245 EI Segundo, CA 90245 Phone: (310) 524-2882 Account Manager�I Shipping Method I Customer PO Warehouse I Terms Ran Herrera Felix Truck PENDING Los Angeles COD I Tax Rule Ship Date Return Date Load In Load Out .Re-Sale Tax Exempt. 10/2/2017 8:00 AM 10/8/2017 3:00 PM 10/2/2017 3:00 PM 10/8/2017 3:00 PM 0.0% Type Qty. Description Note Time Rate Price Price Ext. Consoles Rental 1 ETC Element Console Spare Rental 1 Mouse Rental 1 IEC Cable Rental 2 22"DVI VGA Monitor Rental 2 6'DVI Cable Rental 1 ETC Dust Cover Rental 1 ETC Element Case Rental 1 Swisson DMX Opto Double 5 x 5 Pin Rental 1 "ETC ION Console ION 1000 Consoles Total: $625.00 Automated Lighting Rental 27 Clay Paky Sharpy,Black 24+4 Rental 27 30"Safety Cable Black-1/8" Rental 54 Mega Claw Clamps Rental 54 Clay Paky Bracket Rental 27 L6-20 to Powercon Misc 4 3 Spares Credited at No Charge Rental 5 Martin Mac Viper Profile 4+1 Rental 5 30"Safety Cable Black-1/8" Rental 10 Mega Claw Clamps Rental 10 Mac Omega Bracket Rental 5 L6-20 to Powercon Misc 1 1 Spare Credited at No Charge Rental 16 Colour Chorus 72"RGBA 12+4 Misc 4 Credit for No Charge Spares Rental 7 Elation Cuspix LED Blinder WW4 6+ 1 Rental 7 30"Safety Cable Black-1/8" Rental 7 2"Half Coupler 3/8"Bolt Rental 7 PBG to Powercon Misc 1 1 Spare Credited at No Charge Automated Lighting Total: $6,520.00 Power Dlstro Rental 1 120v Dadco 36ch(6x Multi) 10/21201711:51 AM Page 1 of 3 Agreement No. 5397 Felix Lighting Quote(Quote Number:17-3623) Type Qty. Description Note Time Rate Price Price Ext. Rental 1 208v Dadco 12ch(1-6-20 Only) Rental 1 208v Dadco 12ch(Multi/L6-20) Power Distro Total: $300.00 Data Rental 1 5-Pin DMX Package Flat Rate Data Total: $150.00 Power Cable Rental 1 Multi-Cable Package Rental 10 100'Multi Cable 2.4k Rental 6 50'Multi Cable 2.4k Rental 8 25'Multi Cable 2.4k Rental 4 Edison Break-Out Female Rental 4 L6-20 Break-Out Female Rental 1 L6-20 Cable Package Rental 4 50'L6-20 Cable Rental 8 25'L6-20 Cable Rental 8 15'L6-20 Cable Rental 8 10'L6-20 Cable Rental 8 5'L6-20 Cable Rental 8 L6-20 Two-Fer Rental 1 Edison Cable Package Rental 2 100'Edison Cable Rental 4 50'Edison Cable Rental 4 25'Edison Cable Rental 8 10'Edison Cable Rental 4 Cube Tap Rental 2 Power Strip Rental 2 50'4/0 Cam-Lock Feeder-5 Wire set Rental 1 10'4/0 Cam-Lock Feeder-5 Wire Set Power Cable Total: $781.00 Truss Rental 6 *4'x 8'Stage Deck Misc 2 Stage Deck Stairs 3' Truss Total: $900.00 Fixture Accessories Rental 14 PBG(M)to Powercon In Fixture Accessories Total: $0.00 Smoke Rental 3 MDG Met Fogger Misc 1 Credit for No Charge Spares Smoke Total: $656.50 Labor Labor 1 Master Electrician Load In Labor Total: $650.00 Show Expense Show 1 Insurance Expense Show Expense Total: $2,345.00 1012/2017 11:51 AM Page 2 of 3 Agreement No. 5397 Felix Lighting Quote(Quote Number:17-3623) Legal: Subtotal: $12,939.50 There is a$25.00 fee for all returned checks. A charge of 18%annually or Discount: ($707.50) 1.5% per month will be accrued daily beginning the start of services based on the total balance due. Sales Tax: $0.00 Credit Card payments will be assessed a 4%administrative fee. Delivery and Pickup: $825.00 Labor is based on a 10 hour day, unless otherwise noted. Total: $13,057.00 Lessee is responsible for all damages while in possession of equipment. Total Applied Payments: $0.00 Pricing and availability subject to inventory at time of confirmation. Discounts only apply to on time payments. Balance Due: $13,057.00 Restocking fees may apply to canceled orders/PO. Labor Subtotal: $0.00 Thank you. Notes: On Site Contact: Jeff Cason: 310-529-4911 X Approved by Date 10/21201711:51 AM Page 3 of 3