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HomeMy WebLinkAboutC34460 - Fiscal Year 2015 - 2016 - City-Sponsored Concerts ServicesX� a CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: Approval of Contract with Studio Instrument Rentals (SIR) Palm Springs for Professional Staff, Instrumental Equipment, and Sound and Lighting Services in Conjunction with City Sponsored Concerts for FY 2015/16 SUBMITTED BY: Amy Lawrence, Administrative Secretary APPLICANT: Studio Instrument Rentals (SIR) Palm Springs Mr. Randy Hewitson 74830 Velie Way Palm Desert, California 92260 (760) 340-4864 DATE: June 11, 2015 CONTENTS: SIR Palm Springs Contract Recommendation By Minute Motion: 1. Approve Contract No. c34460 with Studio Instrument Rentals (SIR) Palm Springs for professional staff, instrumental equipment, and sound and lighting services in conjunction with City sponsored concerts for FY 2015/16 in an amount not to exceed $22,300, and 2. Authorize Mayor to execute subject contract. Funds will be available in Account No. 110-4416-414-3061. Discussion As the only full -service backline company in the Coachella Valley, Studio Instrument Rentals (SIR) Palm Springs has provided professional staff, instrumental equipment, and sound and lighting services in conjunction with City sponsored concerts for the past several years. SIR's staff is knowledgeable in their trade and familiar with the Civic Center amphitheater's electrical and lighting system. This request is specifically for services related to the City's annual Independence Day Celebration scheduled for Contract No. C34460 STAFF REPORT APPROVAL OF CONTRACT WITH STUDIO INSTRUMENT RENTALS (SIR) PALM SPRINGS JUNE 11, 2015 PAGE 2 Saturday, July 4, 2015, and the City's fall and spring concerts scheduled to be held each Thursday in October 2015 and each Thursday in May 2016. Fiscal Analysis An estimated cost for these services was included as part of the FY 2015/2016 budget, therefore, there should be no additional impact to the General Fund. Funds will be available in Account No. 110-4416-414-3061. Submitted By: Amy L#wre ce Administrative Secretary Reviewed By: F kie Rid e Director of Special Programs 'ads. dibson Director of Finance Rudy Xjosta Assistant City Manager Approval: J00 M. Wohlmuth OiVy Manager Contract No. C 34460 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this 11 day of JUNE, 2015, by and between the CITY OF PALM DESERT, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("City") and STUDIO INSTRUMENT RENTALS (SIR) PALM SPRINGS a CORPORATION, with its principal place of business at 74830 VELIE WAY, PALM DESERT, CALIFORNIA 92260 ("Vendor"). City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Vendor desires to perform and assume responsibility for the provision of certain professional SOUND AND LIGHTING services required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing professional SOUND AND LIGHTING services to clients.. 2.2 Project. City desires to engage Consultant to render such professional sound and lighting services for the City of Palm Desert's Independence Day Celebration and Fall and Spring concert series' ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sound and lighting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2015 to June 30, 2016, unless earlier terminated as provided herein, or to such later date as may be agreed in writing between parties. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Update 06/01/2015 Contract No. C 34460 3.2 Responsibilities of Vendor. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vedor's officers, employees, or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. 3.2.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates Ms. Frankie Riddle, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.5 Laws and Regulations. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with Services. If Vendor performs any work knowing it to be contrary to such laws, rules and regulations, Vendor shall be solely responsible for all costs arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.6 Insurance. Vendor shall not commence work under this Agreement 2 Update 06/01/2015 Contract No. C 34460 until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Without limiting Vendor's indemnification of City, and prior to commencement of Work, Vendor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. General Liability insurance: Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: If deemed applicable by the City's Risk Manager, Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Vendor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Vendor's policies, or the Vendor shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies. Vendor shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Vendor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3 Update 06/01/2015 Contract No. C 34460 Duration of Coverage: Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Vendor, his agents, representatives, employees or subconsultants. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non -Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Vendor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with 4 Update 06/01/2015 Contract No. C 34460 regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor's compensation. Self -Insured Retentions.: Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO THOUSAND FIVE HUNDRED DOLLARS per event ($2,500.00 per event) without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized by the City Manager, the scope and compensation for which will be specified in a letter agreement, that upon execution by both parties will become an addendum to this Agreement. 5 Update 06/01/2015 Contract No. C 34460 3.4 General Provisions. 3.4.1 Termination of Agreement. 3.4.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 3.5 Indemnification. 3.5.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Vendor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor. 3.5.2 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.3 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.6 Assignment or Transfer. Vendor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.7 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement 6 Update 06/01/2015 Contract No. C 34460 shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subconsultants of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.10 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.12 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.13 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation, or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.14 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 7 Update 06/01/2015 Contract No. C 34460 approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF PALM DESERT SIR PALM SPRINGS By: By: Susan Marie Weber, Mayor ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO FORM: am David J. Erwin, City Attorney Best Best & Krieger LLP IN Print Name 8 Update 06/01/2015 Contract No. C 34460 EXHIBIT "A" SCOPE OF SERVICES VENDOR shall provide all labor, materials, tools, professional equipment and services, and incidental and customary work necessary to fully and adequately supply the professional sound and lighting services necessary for the PROJECT. Contract No. C 34460 EXHIBIT "B" SCHEDULE OF SERVICES DATES: INDEPENDENCE DAY CONCERT Saturday, July 4, 2015 FALL CONCERTS 2015 Thursday, October 1, 2015 Thursday, October 8, 2015 Thursday, October 15, 2015 Thursday, October 22, 2015 Thursday, October 29, 2015 SPRING CONCERTS 2016 Thursday, May 5, 2016 Thursday, May 12, 2016 Thursday, May 19, 2016 Thursday, May 26, 2016 TIME: INDEPENDENCE DAY 2015 — 7:30 P.M. TO 9 P.M. FALL 2015 — 6 P.M. TO 7:30 P.M. SPRING 2016 — 7:30 P.M. TO 9 P.M. VENDOR shall arrive in adequate enough time to set-up all equipment required to provide proper sound check with performer at least one hour in advance of the concert start time. Contract No. C 34460 EXHIBIT "C" COMPENSATION Compensation of $2,500.00 to be paid to VENDOR at the conclusion of the Independence Day performance. Compensation of $2,200.00 to be paid to VENDOR at the conclusion of each Fall and Spring concert series performance. Invoice must be submitted no later than ten (10) business days prior to performance. VENDOR must maintain a valid Palm Desert Business License while conducting work in and for the City of Palm Desert.