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HomeMy WebLinkAboutAudio Visual Reality; 2015-07-28;AGREEMENT FOR AUDIO VISUAL SERVICES AUDIO VISUAL REALITY T!^|S,AGREEMENT is made and entered into as of the c^S^ day of , 20_/£, by and between the CITY OF CARLSBAD, a municipal corporation.TCity"), and Audio Visual Reality, an 8 Corporation, ("Contractor"). RECITALS City requires the professional services of a vendor that is experienced in audio visual set- up. 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 for a period of six (6) months from the date first above written. 3. COMPENSATION The total fee payable forthe Services to be performed will be Five Thousand Six Hundred Seventy Five dollars ($5,675). 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 Citv 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 ansing 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-:VH"; 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 four categories. 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. 13. AMENDMENTS City Attorney Approved Version 4/1 /15 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: Audio Visual Reality By: CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) feity Managor or Mayor-er D (print name/title) yity Managor or Mayor-er Director ATTEST: (sign here) ^print n§me/title) BARBARA ENGLESO<sf 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, City Attorney By:. Assistant City Attorr\ey City Attorney Approved Version 4/1/15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tmthfulness, accuracy, or validity of that document. State of California ) Countv of ^AX)'if^g6 ) On 21 before me. Date Here Insert Name andl'itle of the Officer personally appeared i^lqi-^r A X>\^m-py^^ JY Qi^j Aonr^hpll^ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the Derson(s) whose name(s) j^/are subscribed to the within instrument and acknowledged to me that l^s|a§/they executed the same in h;^/h^/their authorized capacity(ies), and that by hj^/h6r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Mb FARAH NISAN | Commission # 2086884 | Notary Public - California i y • San Diego County | My Comm. Expires Nov 6.20181 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: ed Above: • Corporate Officer — Titl^ • Partner — • Umltpdr^u General • Individual Attorney in Fact • Trustee^^ • Guardian or Conservator • OJ Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" Audio Visual Reality 1094 Brightwood Drive San Marcos, CA 92078 619-548-0033 Estimate Date Estimate # 6/12/2015 510 Name / Address Ci^ of Carlsbad Kristina Ray 1635 Faraday Ave Carlsbad, CA 92008 P.O. No. Terms 50% Deposit, Upon Co... Description Qty Cost Total Audio Visual Services July 18 City Council/Planning Commission meeting 1635 Faraday Ave., room 173 A&B Powered QSC/JBL/Mackie Speaker w/stand Powered Fold Back speakers for Council seating area Table Microphone push to talk Wireless UHF Hand Held Microphone 24 Channel Audio Mixer 1/3 Octave EQ, Compressor, Gate Audio Sound Feed Press Patch, up to 8 users Marantz PMD660 Audio Record (one main, one backup) Dayrate Labor (up to 10 hours, additional hours @$67.50 ea) 2 techs to set Friday July 17 Labor per Hour (up to 10 hours, additional hours @$67.50 ea) 2 techs to operate/strike Saturday, July 18) 6 4 18 2 1 1 1 2 2 125.00 75.00 75.00 150.00 375.00 275.00 225.00 150.00 450.00 750.00 300.00 1,350.00 300.00 375.00 275.00 225.00 300.00 900.00 Powered QSC/JBL/Mackie Speaker w/stand Powered Fold Back speakers for Council seating area Table Microphone push to talk Wireless UHF Hand Held Microphone 24 Channel Audio Mixer 1/3 Octave EQ, Compressor, Gate Audio Sound Feed Press Patch, up to 8 users Marantz PMD660 Audio Record (one main, one backup) Dayrate Labor (up to 10 hours, additional hours @$67.50 ea) 2 techs to set Friday July 17 Labor per Hour (up to 10 hours, additional hours @$67.50 ea) 2 techs to operate/strike Saturday, July 18) 2 450.00 900.00 Phone# 619-548-0033 E-mail alex@audiovisualreality.com Total $5,675.00 Lessee does hereby accept the listed equipment and services and acknowledges that the equipment is in good working condition and agrees to pay on demand, m cash, the rent for said property and/or services at the rate herin stated; Lessee further agrees to take care ofsaid equipment and to use it in a proper manner and agrees that in the event any of the rented equipment is lost or destroyed before it is retumed. to promptly pay an amount equal to the reasonable cost of repairing or replacement of same. Lessor is hereby released fi-om any and all claims for damages to Lessee, by reason of use ofsaid property and/or labor. Lessee agrees to indemnify Lessor from any and all claims for damage to any person or property by reason ofthe use ofsaid property and/or labor by Lessee or any other person from the date hereof until said transaction is completed. Received By