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Home My WebLink AboutStageline Mobile Stage Inc; 2019-05-24;AGREEMENT FOR STAGELINE SL 100 MOBILE STAGE TRAINING & CERTIFICATION STAGELINE MOBILE STAGE INC. THIS AGREEMENT is made and entered into as of the 'l-4::\\A day of __.___.i.._:,....._.~""-------' 2019, by and between the CITY OF CARLSBAD, a municipal , ("City"), and Stageline Mobile Stage, Inc, a corporation ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced in providing training and certification 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 herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "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 from the date first written above, for a period of one (1) year with up to two (2) optional one (1) year extensions for a total of three (3) years. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed five thousand, eight hundred dollars ($5,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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. City Attorney Approved Version 4/1 /15 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 the 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the 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. 7. 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. The Contractor shall report investments or interests in all categories. Yes □ No IBJ 8. 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. 9. 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. 10. 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, 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. 11. JURISDICTIONS AND VENUE 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. 12. 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. City Attorney Approved Version 4/1 /15 2 13. 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. 14. 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 Y✓At-..J M,&oN PK.2:s; ue:NT (print name/title) CFO CITY OF CARLSBAD, a municipal corporation of the State of California By· IN I f}t l\,Lu -:p· mfpfzzu~ Library & Cultural Arts Director ATTEST: BARBARA ENGLESON City Clerk 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. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, 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: CELIA A. BREWER, By:_M __ ---,.....-__ Assistant City Attorney City Attorney Approved Version 4/1 /15 3 EXHIBIT "A" SCOPE OF SERVICES Contractor's Stageline SL 100 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 three (3) 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 SL 100; • 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; • 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. City Attorney Approved Version 4/1 /15 4 Training Dates: May 28 to May 30, 2019 8 a.m. to 5 p.m. Location: City of Carlsbad Safety Training 5750 Orion Street, Carlsbad, CA 92010 Center SL 100 Training Session for up to four (4) $2,440.00 participants for three (3) days Contractor's traveling expenses: Airfare, travel time, hotel, per diem, local $3,265.00 transportation, airport parking Total $5,705.00 Invoicing/ Payment All invoices shall be submitted to City's Cultural Arts Manager Richard Schultz or Community Arts Coordinator Megan Gilby 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. City Attorney Approved Version 4/1 /15 5 CERTIFICATE OF INSURANCE 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. This Certificate is issued as a matter of ✓ information only and confers no rights upon the Certificate Holder. This Certificate does not 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. Limits shown may have been reduced by paid claims. NAMED INSURED INSURANCE BROKER Stageline Mobile Stage Inc. Forum Risk and Insurance Inc. 700 Marsolais Street 1010 Sherbrooke Street West, Suite 2510 L'Assomption QC Canada J5W2G9 Montreal, QC H3A 2R7 CERTIFICATE NUMBER: 19-041 REVISION NUMBER: DATE (YYYY-MM-DD) 2019-05-16 TYPE OF INSURANCE INSURER EFFECTIVE DATE LIMITS OF INSURANCE POLICY NUMBER EXPIRY DATE COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE LIMIT $2000000 0 CLAIMS-MADE 0 OCCURRENCE PERSONAL & ADVERTISING $2000000 FORM FORM INJURY LIMIT 0 NON-OWNED AUTOMOBILE (Q.P.F. No. 6) AIG Insurance GENERAL AGGREGATE $2000000 2019-JAN-31 LIMIT Company of to PRODUCTS-COMPLETED 0 ADDITIONAL INSURED-VENDORS BROAD Canada FORM 66458326 2020-JAN-31 OPERATIONS AGGREGATE $2000000 LIMIT 0 CONTINGENT EMPLOYER'S LIABILITY-TENANTS' LEGAL LIABILITY $1,000,000 CANADA LIMIT MEDICAL EXPENSE LIMIT $25,000 AUTOMOBILE LIABILITY 0 NON-OWNED 0 ALL OWNED AUTOS AIG Insurance 2019-JAN-31 AUTOS Company of NON-OWNED AUTOMOBILE Canada to (Q.P.F. No. 6) $2000000 0 SCHEDULED 0 HIRED AUTOS 2020-JAN-31 AUTOS 66458326 0ANYAUTO COMMERCIAL UMBRELLA LIABILITY EACH OCCURRENCE LIMIT $ 0 CLAIMS-MADE 0 OCCURRENCE AIG Insurance 2019-JAN-31 GENERAL AGGREGATE FORM FORM Company of to LIMIT $ Canada 664583267 2020-JAN-31 PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ LIMIT THIS CERTIFICATE IS ISSUED IN REFERENCE TO: Training for SL 100 ADDITIONAL INSURED: If required by written contract, City of Carlsbad is added as Additional Insured 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. / CERTIFICATE HOLDER City of Carlsbad, Library & Culturral Arts Department 1775 Dove Lane, Carlsbad, CA, USA, 92011 CANCELLATION 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