HomeMy WebLinkAboutStageline Mobile Stage Inc; 2021-07-06; PSALCA-22001LIB
City Attorney Approved Version 6/12/18
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AGREEMENT FOR STAGELINE SL100 MOBILE STAGE
TRAINING, CERTIFICATION & INSPECTION
STAGELINE MOBILE STAGE, INC.
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2021, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Stageline Mobile Stage, Inc, a corporation ("Contractor”).
RECITALS
City requires the professional services of a contractor that is experienced in providing
training, certification and inspection for Stageline’s SL100 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 will be seven thousand four hundred
dollars ($7,400). 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’
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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.
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. 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 Richard Schultz Name Pierre-Luc Rompré
Title Cultural Arts Manager Title Chief Operating Officer
Department Library & Cultural Arts 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. 760-602-2086
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. The Contractor shall report
investments or interests in all categories.
Yes No
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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. 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.
11. 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.
12. 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.
13. 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.
14. 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.
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15. 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
By: By:
(sign here) SUZANNE SMITHSON
Library & Cultural Arts Director
As Authorized by City Manager
Pierre-Luc Rompré, Chief Operating Officer
(print name/title)
ATTEST:
By:
(sign here) For BARBARA ENGLESON
Jean Paquet, Chief Financial Officer 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:
For CELIA A. BREWER, City Attorney
By:
Deputy/Assistant City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
The scope of services will include both certification training for four staff/three days and
inspection and re-certifying of the SL100 mobile stage serial#2N9SL1004GA045804 purchased
in 2016. Travel dates will be coordinated and selected on days/times amicable with the City and
Contractor and confirmed thirty (30) days in advance of the selected dates.
1. CITY CONTACT INFORMATION
• Cultural Arts Manager Richard Schultz, 760-602-2086, richard.schultz@carlsbadca.gov
• Cultural Arts General Phone, 760-602-2090
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
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 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;
• 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.
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• 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. Fees & Payment Information
Training SL100 for up to four (4) participants for three (3) days $2,440
Inspection SL100 #804 $1,450
Traveling fees
Airfare, travel time, hotel, per diem, local transportation, airport
parking
$3,510
Total $7,400
All fees will be paid as specified above. All invoices shall be submitted to City’s Cultural Arts
Manager Richard Schultz 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.
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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.
700 Marsolais Street
L'Assomption QC Canada J5W2G9
HUB International Quebec Limited
1010 Sherbrooke Street West, Suite 2510
Montreal, QC H3A 2R7
CERTIFICATE NUMBER : 21-17 REVISION NUMBER : DATE (YYYY-MM-DD) 2021-06-22
TYPE OF INSURANCE INSURER
POLICY NUMBER
EFFECTIVE DATE
EXPIRY DATE LIMITS OF INSURANCE
COMMERCIAL GENERAL LIABILITY
AIG Insurance
Company of Canada
66458326
2021-MAR-31
to
2022-MAR-31
EACH OCCURRENCE LIMIT $2000000
CLAIMS-MADE
FORM OCCURRENCE FORM PERSONAL & ADVERTISING
INJURY LIMIT $2000000
NON-OWNED AUTOMOBILE (Q.P.F. NO. 6) GENERAL AGGREGATE LIMIT $2000000
ADDITIONAL INSURED – VENDORS BROAD FORM PRODUCTS-COMPLETED
OPERATIONS AGGREGATE LIMIT $2000000
CONTINGENT EMPLOYER’S LIABILITY – CANADA TENANTS’ LEGAL LIABILITY
LIMIT $1,000,000
MEDICAL EXPENSE LIMIT $25,000
AUTOMOBILE LIABILITY (Q.P.F. NO. 1)
AIG Insurance
Company of
Canada
66458343
2021-JAN-31
to
2022-JAN-31
CIVIL LIABILITY – BODILY
INJURY TO OR DEATH OF
OTHERS OR DAMAGE TO THEIR
PROPERTY
$2000000 NON-OWNED AUTOS ALL OWNED AUTOS
SCHEDULED AUTOS HIRED AUTOS
ANY AUTO
THIS CERTIFICATE IS ISSUED IN REFERENCE TO:
Training
ADDITIONAL INSURED:
If required by written contract, City of Carlsbad are 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. Waiver of subrogation 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
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