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HomeMy WebLinkAboutStageline Mobile Stage Inc; 2026-03-06; PSALCA-26022CAPSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 1 AGREEMENT FOR STAGELINE SL100 MOBILE STAGE TRAINING, CERTIFICATION & INSPECTION SERVICES STAGELINE MOBILE STAGE, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______ day of __________, 2026, by and between the City of Carlsbad, California, a municipal corporation ("City") and Stageline Mobile Stage, Inc, a Canadian corporation ("Contractor”) (collectively, the “Parties”). RECITALS City requires the professional services of a contractor that is experienced in providing stage certification and inspection and staff training for Stageline’s SL 100 mobile stage. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year(s) from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed nine thousand eight hundred USD dollars ($9,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 March6th PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 2 5. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to City. The full limits available to the named insured shall also be available and applicable to City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. \\\ \\\ \\\ \\\ Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 3 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Craddock Stropes Name Pierre-Luc Rompré Title Cultural Arts Manager Title President Department Library & Arts Department Address 700 Marsolais Street City of Carlsbad L’Assomption QC Canada J5W2G9 Address 1775 Dove Lane Phone No. 450-589-1063 x348 Carlsbad, CA 92011 Email Pierre-luc.rompre@stageline.com Phone No. 442-339-2026 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 4 Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 12. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 13. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, California Government Code Sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 14. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 15. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 16. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 17. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be entered in counterparts. \\\ \\\ \\\ Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 5 19. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California STAGELINE MOBILE STAGE, INC, a Canadian corporation By: By: (sign here) SUZANNE SMITHSON PIERRE-LUC ROMPRÉ, President Library & Cultural Arts Director As authorized by City Manager (print name/title) ATTEST: By: For SHERRY FREISINGER, City Clerk (sign here) By: JEAN PAQUET, Chief Financial Officer Morgen Fry, Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ CINDIE K. McMAHON, City Attorney Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 6 EXHIBIT A SCOPE OF SERVICES AND FEE The scope of services will include both certification training for up to four (4) staff over three (3) days and inspection and re-certification of the SL100 mobile stage, serial #2N9SL1004GA045804, purchased in 2016, totaling four (4) days Contractor to be on site. Travel dates will be coordinated and selected on days/times amicable with the City and Contractor and confirmed thirty (30) days in advance in writing by the selected dates between the Parties. 1. CONTACT INFORMATION. Contractor Account Executive Audrey Bastarache, 450 589-1963 x346, audrey.bastarache@stageline.com City • Cultural Arts Manager Craddock Stropes, 442-339-2026, craddock.stropes@carlsbadca.gov • TGIF Coordinator Terri Tooley, 442-339-2064, terri.tooley@carlsbadca.gov • Cultural Arts general phone, 442-339-2090 2. CONTRACTOR’S STAGELINE SL100 TRAINING OBJECTIVES. Contractor will provide an experienced instructor offering practical and realistic guidance needed to optimize the participant’s performance. Contractor’s main objective is to develop the aptitudes and technical knowledge of the manpower in order to preserve the product’s integrity and guarantee maximum safety levels. Contractor will provide one (1) trainer for a duration of four (4) days in Carlsbad, CA. Contractor agrees to provide certification training for up to four (4) City staff participants over three (3) consecutive days. Training Content Contractor will certify City staff on the operation and supervision of the City’s stage. City’s participants will learn to: • Understand basic theoretical concepts and stage utilization steps; • Understand specific interactions of all elements in operation of the stage; • Recognize the risks and consequences of inappropriate use and operation of the stage; • Lead and communicate efficiently with helpers or other technicians on a site; • Act responsibly for all aspects of work with the unit so as to prevent any undesirable situation. Operator training program will include • Definitions, concepts and technologies involved in a Stageline mobile stage SL100; • Explanation of the Operator’s Manual and of the set-up/dismantle sequences; • Use of the trailer, including loading and efficient leveling methods; • Tools and practical techniques for understanding mechanical and hydraulic problems; • Use of the machinery, set-up and dismantling of the stage; • Notions and critical factors for scenographic use and application of load limitations; Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 7 • Troubleshooting and problem solving. Education Methodology • Workshop and practical exercises. • Demonstration and simulation of critical situations (group and individual). • Attendance and practical examination (practical examination must be successfully passed to obtain certification). • Attendance throughout the session. • Understanding of the theoretical aspects of the stage. • Certification is based on the trainee’s understanding of the product’s integrity and safety in general. Participation and Evaluation Mode • In-field practical exercises completed by theoretical training. • Operating manual. • The Operator Training Course includes a practical and formal evaluation of each and all participants. 3. CONTRACTOR’S STAGELINE SL100 INSPECTION. Inspection on hydraulic and mechanical components, structural components, trailer structure, efficient operation of all systems, aesthetic and degree of wear and tear, welding points. Contractor to provide a written report including degree of required action and recommendations. Sections: Trailer, Gooseneck, Roof Columns, Floor, Roof, Hydraulics, Accessories, Electrical Components, Paint, Stickers. Includes renewed US Professional Engineering Certificate – stamped for unit’s serial #804, subject to satisfactory inspection report. 4. TRAINING & INSPECTION LOCATION. City of Carlsbad Safety Training Center 5750 Orion Street Carlsbad, CA 92010 5. HEALTH & SAFETY. All Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Representative of the current guidelines prior to the performance date. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring a face covering, and maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. /// /// /// Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 PSALCA-26022CA City Attorney Approved Version 10/23/2025 Page 8 6. FEES & PAYMENT INFORMATION. Training SL100 for up to four (4) participants for three (3) days $2,890 Inspection SL100 #804 one (1) day $1,600 Traveling fees Airfare, travel time, hotel, per diem, local transportation, airport parking $4,600 Subtotal $9,090 Tax $704.48 TOTAL $9,794.48 Total invoice shall not exceed nine thousand eight hundred US dollars ($9,800.00) Cost as quoted DEV0001384 dated January 26, 2026 – Contractor project #50804 All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts Manager Craddock Stropes or designee and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City’s Library & Cultural Arts Director or designee. If, at the expiration or termination of the agreement, if Contractor has not completed any portion of the tasks, Contractor shall refund the remaining portion of the deposit. Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 CERTIFICATE OF INSURANCE This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy(ies) below and does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the Certificate Holder. Named Insured Broker Stageline Mobile Stage Inc. 700 Marsolais Street L'Assomption QC Canada J5W2G9 HUB International Quebec Limited 8500 Decarie Blvd, 5th Floor Montreal, QC H4P 2N2 Certificate Number : 26-05 Revision Number : R Date (yyyy-mm-dd) 2026-01-28 This is to certify that the policies of insurance listed below have been issued to the Named Insured herein for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies.. Limits shown may have been reduced by paid claims. Type of Insurance Insurer Policy Number Effective Date Expiry Date Limits of Insurance Commercial General Liability AIG Insurance Company of Canada 066458326 2025-03-31 to 2026-03-31 Each Occurrence Limit $2,000,000 Claims-Made Occurrence Personal & Advertising Injury Limit $2,000,000 Non-Owned Automobile (Q.P.F. No. 6) General Aggregate Limit $2,000,000 Additional Insured – Vendors Broad Form Products-Completed Operations Aggregate Limit $2,000,000 Contingent Employer’s Liability – Canada Tenants’ Legal Liability Limit $2,000,000 Medical Expense Limit $10,000 Automobile Liability (Q.P.F. No. 1) AIG Insurance Company of Canada 66458343 2026-01-31 to 2027-01-31 Civil Liability – Property damage or bodily injury to another person $2,000,000 Non-Owned Autos All Owned Autos Scheduled Autos Hired Autos Any Auto This Certificate is issued in reference to: Inspection and training session on SL100 #804 / from March 3rd , 2026 until March 6th, 2026 inclusively Additional Insured: If required by written contract, “City of Carlsbad are added as Additional Insureds to the Commercial General Liability policy identified above, but only with respect to liability arising out of the “product” or “work” of the Named Insured. Coverage is afforded on primary and non-contributory basis and Insurer agrees to waive subrogation rights against the Certificate Holder. The contractual liability coverage and cross-liability clause are included. Certificate Holder Cancellation City of Carlsbad 1775 Dove Lane, Carlsbad, CA, USA, 92011 Should any of the above-described policy(ies) be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative. AUTHORIZED REPRESENTATIVE Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Terri Tooley 2/10/2026 Stageline Mobile Stage Inc. n Workers Comp and professional liability insurance coverage not required n NTE $9,794.48 one year n PSALCA-26022CA Insurance coverage in line with previous coverage requirements in 2019 and 2021 Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2 3/5/2026 #Item Description Unit Quantity Unit Price Total 1 SAV_F-SL100_4 Training for SL100 3 days, for a group of 2 to 4 participants 0804 1 2,890.00 2,890.00 2 SAV_I-SL100 SAV - Inspection SL100 1 day / Structural inspection 0804 1 1,600.00 1,600.00 3 Travel Expenses Fees 1 4,600.00 4,600.00 Training notes: - Stageline does not guarantee participant's success. - The trainer may refuse any participant if major negligence or mistakes have been detected which may compromise the group's safety or product's integrity. Inspection notes: - Transportation of the unit is not included. - Hydraulic & Mechanical components, Structural components, Trailer structure, Efficient operation of all systems, Aesthetic and degree of wear and tear, Welding points. Written report including degree of required action and recommendations. - Sections: Trailer, Gooseneck, Roof Columns, Floor, Roof, Hydraulics, Accessories, Electrical Components, Paint, Stickers. - Renewed P. Eng. Certificate - Stamped for your unit is included with the inspection. - Inspection report can take up to 6 weeks to process. - Professional Engineering Certificate subject to satisfactory inspection report. All points rated -1- (Critical) will need to be resolved to obtain the certificate. Other: - All amounts are in USD. - Complete payment needed to confirm the activity in our calendar. - Prices are subject to change without notice. Subtotal :9,090.00 California state tax 212-192576 (7.25%) :659.03 County Tax (0.5%) :45.45 Total :US$9,794.48 Stageline Mobile Stage Inc. 700, rue Marsolais L’Assomption QC J5W 2G9 Tel: 450-589-1063 Fax: 450-589-1711 QUOTE Contract # :DEV0001384 Date :2026-01-26 Reference # :SAV19894 Project # :50804 audrey.bastarache@stageline.com Invoiced To Ship To City of Carlsbad 3096 Harding Street Carlsbad CA, USA 92008 City of Carlsbad 3096 Harding Street Carlsbad CA, USA 92008 Stageline Mobile Stage Inc. 700, rue Marsolais, L’Assomption QC J5W 2G9 - Tel: 450-589-1063 - 1-800-26-stage (North America) Web: https://stageline.com - Email: pmt@stageline.com Docusign Envelope ID: F6268F0F-E7FA-4140-B71E-F55D64F1D3D2