The URL can be used to link to this page

Home My WebLink AboutC19354 The Jarvis Co. - Holiday DecorationsNi CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Agreement for the Installation and Storage of Holiday Decorations Contract No. C19353 SUBMITTED BY: Tom Bassler, Maintenance Services Manager CONTRACTOR: The Jarvis Company PMB 239 1145 2nd Street, Suite A Brentwood, CA 94513 DATE: August 26, 2004 CONTENTS: Installation Contract Recommendation: By Minute Motion: Authorize the Mayor to execute the annual holiday decoration installation and storage agreement with The Jarvis Company, Brentwood, for $9,548.19, (Contract C19353). Background: The attached agreement with The Jarvis Company renews the annual installation and storage of the city's holiday decorations. The decorations are installed at the Civic Center, Visitor's Information Center and along Highway 111. Funds are included in budget account 110-4416-414-3061 for this work. Approval: ACM for Developme Michael Erra to Director of Public Works ervices Finance Director City Manager Contract No. C19354 PAYMENT SHALL BE AS FOLLOWS: 50% 4 ,774,,._10. DUE ON JULY 28...,_,._.,2004 ._._ _.... CONTRACT RETURN DATE PRIOR TO INSTALLATION 50% $4z774.10.,_DUE ON JANUARY2,._..2004WITHIN 10 DAYS OF INVOICE ARTICLE IV. WARRANTY Installer warrants all work shall be performed in a work -manlike manner. Except for the warranty of performance in a work -manlike manner, Installer makes no other warranties, expressed or implied. In any event, Installer shall not be responsible for loss of decorations caused by any reason whatsoever, including but not limited to: theft, fire, vandalism, or act of God. ARTICLE V. INSURANCE Installer shall obtain a policy of insurance insuring Installer and Customer against liability for loss suffered by third parties with respect to the installation of said decorations in the amount of $1,OOQ,004.,00. Installer will provide Customer with a certificate of insurance, if requested by Customer, at no charge. If Customer wishes to be named as additionally insured on Installers Insurance there will be an additional charge of '25.00. Any and all other insurance required by law or by the Customer shall be the Customer's sole responsibility. ARTICLE VI_ SITE PREPARATION AND PLOT PLAN The location for the Installation of the decorations shall be furnished by customer and must first be approved by Installer or its representative as to feasibility for installation. Customer will be responsible for securing any permission, permits, and licenses necessary for proper installation of decorations from owners, lessees, lessors, city, state and other governmental authority. Customers will be responsible for all necessary fees. Installer is given permission to install decoration hardware items including but not limited to faceplates, cables, anchor points within a reasonable time prior to actual installation dates. All hardware items will be left in place between seasons. ARTICLE VII. ELECTRICAL SOURCE AND CURRENT Customer shall furnish adequate electrical power and suitable electrical connections as are customarily used in the electrical trade or required by Underwriter's Laboratory within a reasonable area, not to exceed 20 feet of the decoration installation site, for distance greater than 20 feet Customer will be charged for extension cords. To be billed with second installment. Customer warrants that the electrical connection supplied shall be suitable for the intended purpose. Customer shall be responsible for payment for electric current consumed by decorations. Contract No. C19354 ARTICi .VIII. SUBCONTRACTORS AND ASSIGNMENTS Installers has the option to assign all or part of its rights and obligations under the terms*of this Contract. Any such assignment shall not relieve Customer of its duty of performance under any of the terms or conditions of this Contract.. ARTICLE IX CONFLICT O. APPLICABLE LAW If any paragraph or provision of this Contract is declared contrary to public policy unenforceable in law or equity, then in that event, that portion shall be deleted from this Contract, and remaining portions shall remain in full force and effect. ARTICLE X. DEFAULT In the vent of a default of any payment of any "sums due hereunder, or in the performance of any other covenant herein, and if Customer Fails to cure Said default within three (3) days after written notice from Installer, or if Customer becomes insolvent, or ceases to do business as a going concern, or snakes an assignment for the benefit of creditors or any proceeding or petition under the Bankruptcy Act as amended is filed by or against Customer, (including a proceeding for reorganization, arrangement, or extension) then in such event, Installer at its sole option shall have the right to terminate this Contract as to any and all items of installation, and Installer shall thereupon by entitled to recover from Customer the excess, if any, of the amount of payments reserved in the Contract for the balance of the stated term. ARTICLE XI SLRVICE +GALLS There will be no charge for Service Calls, after decorations are installed, for an installation related problem. problems not related to installation including but not limited to vandalism, weather or acts of God. In the event the problem is not related to installation Installer will charge Customer an additional $7O.Ob per hour including travel time. If adequate power or proper electrical connections are not available at installation site at the time of installation and Customer wishes Installer to return to the installation site to connect the electrical at a later date there will be an additional charge of $16.00 per hour including travel time. Contract No. C19354 ARTICLE XII. ADDITIONAL TERMS EXECUTED THIS CONTRACT ON DATE SET FORTH BY THEIR SIGNATURES CUSTOMER DATE: _JUNE 19, 2004 DATE: THE JARVIS COMPANY 1145 2ND ST STE A PMB 239 BRENTWOOD, CA 94513 (925) 516-0690 FAX (925) 516-0270 Contract No. C19354 ADDENDUM TO THE INSTALLATION CONTRACT RELAMPING AGREEMENT ACCOUNT NAME: CITY OF PALM DESERT BY EXECUTING THIS AGREEMENT, I AM GRANTING THE TARVIS COMPANY PERMISSION TO REPLACE ALL BURNED OUT LAMPS ON THE DECORATIONS BEING INSTALLED BY THEM UNDER CONTRACT ACCOUNT # 1508 . IT IS UNDERSTOOD THAT THE JARVIS COMPANY REPLACES BROKEN LAMPS AT THEIR EXPENSE. THE TOTAL CHARGE FOR THIS SERVICE IS $ .75 PER LAMP, INCLUDING MATERIALS AND LABOR, CHARGES ADDED TO THE. SECOND INVOICE. IF ACCEPTED,PLEASE EXECUTE BELOW AND RETURN TO THE JARVIS COMPANY WITH THE INSTALLATION CONTRACT BY THE PAYMENT DUE DATE. CUSTOMER UNDERSTANDS THERE SHALL BE NO OBLIGATION ON THE PART OF THE JARVIS COMPANY TO PERFORM ANY OF THE ABOVE WORK UNTIL RECEIPT OF THIS AGREEMENT BY THE PAYMENT DUE DATE. BY: TITLE: DATE: