HomeMy WebLinkAboutAGR-7278 - LIBCO INC DBA MAGICAL HOLIDAY DESIGNS - STORAGE, INSTALLATION AND REMOVAL OF HOLIDAY DECORATIONS - NOV 15, 2021f r'R-°7a'7
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ST'ORAGE INSTALLATION AND REMOVAL SERVICES AGREEI IENT
Stmrage,Installation and Re oval of oliday Decorations]
I5 STORAGE, I1 S AI.,LA'ION AATD I li'gO AL SER CES GREEldIENT
the"A eement") is made at Orange, California, on this day of rnb ex- 2021 by
and among the CITY OF OR.ANGE, a murucipal corporation ("City"), and LIBCO
INCORl'ORATED,a California corporation,doing business as MAGICAL HOLIDAY DESIGNS
Contractor"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor agrees to and shall do all the work and furnish a11 the labor, rriaterials, tools and
equipment necessary to complete in good workmanship and substantial manner the assembly,
installation, removal and stora e of the holiday decorations described in, and in accordance with
the sezvices set forth in Exhibit"A" which is attached hereto and incorporated herein. The tenns
and conditions in this Agreement sha11 control over any terms and conditions in Exhibit"A."
As a material inducement to City to enter into this Agreement, Contractor represents and
warrants that it has thoroughly investigated and considered the scope of services and fully
understands the difficulties and restrictions in performing the work. Contractor represents that it
is experienced in performing the work and will follow the highest professional standards in
performance of the work. All services provided sha11 conform to a11 federal, state and locallaws,
rules and regulations and to the best professional standards and practices.
Paul NTiller("City's Project Manager"), shall be the person to whom Contractor will report
for the performance of services hereunder. It is understood that Contractor's performance
hereunder sha11 be under the direction and supervision of City's Project Manager (or his/her
designee), that Contractor shall coordinate its services hereunder with City's Project Manager to
the extent rec uired by City's Project Manager, and that all performances required hereunder by
Contractor sha1l be performed to the satisfaction of City's Project Manager and the City Mana er.
2a Com aensatAon and 'ees.
a. Contractor's com ensation for a11 work, labor and services performed under
this A-eement, shall be as follows:
1) A base fee .of SEVENTEIN THOUSAND SIX HITNDRED
SEVENTY-EIGHT DOLLARS and 77/100 ($17,678.77}("Base Amount").
2) A contingency amount for additional services and charges of ONE
TH USAND SEVEN HUNDRED SIXTY-SEVEN DOLLARS and 00/100 ($1,767.04)
Additional Amo nt").
b. The total not-to-exceed compensation for a11 work shall not exceed
NINE'TEEN THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS and 77/100
19,445.77)without the prior written authorization of City.
c. The above compensation sha11 include ali costs, including, but not limited
to, the picking up, assembly, handling, preparation, weighing, packing, delivery, moving,shipping, and storage of the holiday decorations for the term set forth in this Agreement; clerical
administrative, overhead, insurance, word processing (normal or overflow secretarial time or
overtime, or computer time or service), reproduction, telephone, mail and delivery costs incurred
in connection with travel and related expenses, subsistence a.nd a11 related expenses.
3. Pa_
a. As scheduled services are completed, Contra,ctor sha11 submit to City aninvoicefortheseivicescompletedandauthorizedAdditionalmountsincurredbyContractorforAdditionalServicesandCharges,billable as set forth in Exhibit"A." All sucfi invoices shall staxe
the basis for the amount invoiced, including services completed, the number of hours spent and
any extra work performed.
b. City will pay Contractor the amount invoiced within thiriy-five(35)days of
approval of all deliverables.
c. Payment sha11 constitute payment in full for all services and authorized
Additional Services and Charges covered by that invoice.
d. Payment sha11 be as follows:
50%($8,839.39)due after satisfactory completion of set-up and installation.
50% ($8,839.39), plus any Additional Amounts, due after removal and
storage.
4. Chan e Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, sha11 be made unless and until such extra seroices
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be perFormed and compensation therefor. All amendments shall set fortti the clianges
of work, extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the Ciry's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and a11 licenses which are required under state or federal law to,perform the work
contemplated by this Agreement and that Contractor and its'subcontractors sha11'ma.intain a11
appropriate licenses, including a City of Orange business license, at its cost, during theperformanceofthisAgreement.
6. Indenendent Contractor. At all times during tlie term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City sha.11 have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant tothisAgreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, filrnish all facilities, materials and equipment which may be required for furnishing
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services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, inciuding compliance with social security w-ithholding and
a11 other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that'they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Fublic Employees Retirement System benefits, or
health,life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not A ent. Except as City may specify in writina, Coniractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
S. Desa nated Persons. Only those qualified persons authorized by City's Project
Manager sha11 perform work provided for under this Agreement. 'It is understood by the parties
that clerical and other nonprofessional work may be performed by persons other than those
designated.
9. Assignment or Subcontractin. No assignment or subcantracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Comnlction. The timing of performance of a11 or some portion of the
Work by Contractor must, of necessity, be coordinated with that of the contractors to be retained
by City to install and remove.the holiday decorations and lighting,but in any event installation and
removal of the holiday decorations shall be as set forth in Exhibit"A" or as otherwise agreed to
by City.
11. Time Is of the Essence. Time is ofthe essence in this Agreement. Contractor shall
do a11 things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. DeIays and Extensions of Time Contractor's sole remedy for delays outside its
control, other than those delays caused by City, sha11 be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time'in writing
at the time of the delay to the satisfaction of Gity. Any extensions granted sha11 be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing; why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.b, above,
absent a written amendment to ttzis Agreement.
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14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals,technical data, logs,files, designs and other products
produced or provided by Contractor for this Agreement sha11 become the properiy of City upon
receipt. Contractor shall deliver a11 such products to City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
15. Eaual Emnlovynent pportunitv. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate ajainst any employee or applicant for
employment because of race, color,religion, sex,national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: emplayment, upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training,including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in ail solicitations and advertisemerits for employees
placed by, or on behalf of Contractor, sta.te that all qualified applicants will receive consideration
for employment without regard.to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing para aphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a contractor to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent pennitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials,agents
and employees of City(collectively the"Indemnitees") entirely harmless from a11 liability arising "
OUt Of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under a.ny law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2} Any claim,loss,injury to or death of persons or damage to propertycausedbyanyact, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss,injury, death or damage caused by the active
negligence or willfial misconduct of City. Contractor, at its own expense, cost and risk, sha11
indemnify any and a11 claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgtnent that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shail suxvive any_ closing,
rescission, or termination of this Agreement, and sha11 continue to be binding and in full farce and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain duririg the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liabilityinsurance: the greater of (1) One Million Dollars ($1,000,000} per occurrence; or (2) a1I the
insurance coverage and/or limits carried by or available to Contractor_ Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor sha11 maintain during the life of this Agreemen the following
minimum amount of automotive liability insurance: the greater of(1) a combined sinple limit of
One Million Dollars ($1,000,000); or (2) aJl the insurance coverage and/or limits carried by or
available to Contractor. Said insurance sha11 cover bodily injury, death and property damage for
a11 owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representa.tion is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
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e. Each policy of general liability and automotive liability shall provide that
City,its officers, officials, agents;and employees are declared to be additional insureds under the
terms of the policy, but only urith respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b a.nd c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
sha11 be maintained for the duration of the Agreement.
f. Reserved.
g. The insurance policies maintained by Contractor sha11 be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
lh. Before Contractor performs any work or prepares or delivers any materials,
Contractor sha11 furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled ar allowed to lapse without at least
ten(10) days' prior written notice to City.
i.All insurance mainta,ined by Gontractor shall be issued by companies
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the
case of professional liability insurance coverage, such coverage shail be issued by companies
either licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j.Contractor shall immediately notify City if any required insurance lapses or
is otheiwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor a ees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurarice for recovery.
Contractor hereby grants to City,on behalf of any insurer providing insurance to either Coatractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acc uire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies ar shall furnish sepaxate certificates and endorsements for each subcontractor to City for
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review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Ter inat on. City rnay for any reason terminate this Agreement by giving
Contractor not less than five(5)days' written notice of intent to terminate. Upon receipt of such
notice, Contractor sha11 immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
grovided and all allov rable reimbursements incurred to the date of termination in compliance with
this Agreement, unless terniination by City sha11 be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Mainteaeance and Insnection of I2ecords. In accorda.nce with generally accepted
accounting principles, Contractor and its subcontractors sha11 maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the '
records")pertaining to the costs of and completion of services performed und'er this Agreement.
Ciry and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this'Agieement. Contractor shall
maintain a11 such records for a period of at least three(3)years after ternunation or completion of
this A eement. Contractor agrees to make available all such records for inspection or audit at its -
offices during normal business hours and ugon three(3)days' notice from City,`and copies thereof
shall be furnished if requested_
21. Comqliance wi#h all Laws/Ianieai ratiom Laws.
a. Contractor shall be knowledgeable of and comply with a11 local, state and
federal laws which may apply to the performance of this Agreemenf:
b. If the work provided for in this Agreement constifutes•a"public works," as
that term is defined in Section 1720 of the California Labor Code;for wbich prevailing wages must
be paid, to the extent Contractor's employees will perform any work that fa11s wittun any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it;
sha11 pay not less than the specified prevailing rates of wages to a11 such workers: The general
prevailing wage determinations for crafts can be located on tlie website of'the Department of
Industrial Relations(www.dir.ca.ov/DLSR). Additionally,to perform work under this Contract,
Contractor must meet all State registration requirements and criteri a;including project compliance
monitoring.
c. Contractor represents and warrants that it:
1) Has complied and shall at aIl times during tlie term of this
Agreement comply, in all respects, with a11 immigration laws, regulations, sta,tutes, rules, codes,
and arders, including, without limitation, the Immigration Reform and Control Act of 1986
1RCA); and
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2) Has not and will not krtowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this A-eement; and
3j Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documenta.tion records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at a11 times during'the term of tliis
Agreement respond, in a timely fashion to any go ern nent inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/oa- worksite enforcement by the .
Depa.rtment of Homeland Security, the Department of ,abor,' or the Social Security
Administration.
d. ontractor shali require a11 subcontraccors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e_ Contractor sha11, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction o City,verification
th at all such employees are eli ible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written nofice to City, accomp.nied by
the verification required herein for such employees.
f Contractor sha11 rec uire a11 subcontractors or sub-consultants to make the
same verifica ion as set farth in Subsection 21.e.
If Contractor or subcontractor knowinaly einploys an employee providing
work und r this Agreement who is not authorized to work in the United'States, and/or fails to
follow federal iaws to-determine the sta.tus of such employee,thaf sha.11 consfiitute a mate al breach
of this Agreement and may be cause for immediate termination of this Agreement by Cify.
Contractor agrees to indemnify and hold City, its officers, offici,ls, agents
and employees harmless for, of and from any loss,including but not limited to fines,pei alties arnd -
corrective measures City may sustain by reason of ontracfior's failu`re to comply,.vith said laws,
rules and regulations i connection with the perform.ance of this Agreement.
2. Governfn L v amcY Ven e. This Agreement shall be construed in'accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of Ca.lifornia caurts. lenue for any dispute arising under this Agreement sha11 be in
Orange County, Californaa.
24. Inte ra#i n. This Agreement constitutes the entire agreement of the parties_ No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
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which is inconsistent with or in violation of the provisions of this Agreement sha11 not be
compensated.
25. Not ce. Except as otherwise provided herein, a11 notices required under this
Agreement sha11 be in writing and delivered personally, by e-mail, or by first class U.S. mail,
posta,ge prepaid, to each party at the address listed below. Either party may charige the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three(3) days of deposit in the U.S.Mail,whichever is eartier_ Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Libco Incorporated, dba Magical Holiday Designs City of Orange -
11109 Aimour Avenue 300 E. Chapman'Avenue
Beaumont, CA 92223 Orange, CA 92866-1591 '
Attn.: Debbie Dunning, Operations Manager Attn.: Paul 1M'iller,Parks`-Supervisor "
Telephone No.: 800-608-1980 Telephone No.: 714-532-64 72
E-Mail: debbie(a,ma icalholidaY,desi„ s com E-Mail: pmiller ,cityofoian:org
26. Coanternarts. This Agreement may be executed in one or morE counterparts;each
of which shall be deemed an original, but a11 of v,hich together sha11 constitute one and the same "
instrument. Si atures transmitted via facsimile a.nd electronic rriail.sha1F ha e the same'effeet as
original signatures.
Reanainder of page intendonally left blank; signatures on negt page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written:
CONTRACTOR" y
LIBCO INCORPORATED, a California CITY OF ORANGE, a municipal corporation
corporation, doing business as MAGICAL
HOLIDAY DESIGNS
By.
BY Bonnie Hagan, cting ity Manager
Printed Naxne: . J(.v,,;
Title:
APPROVED AS TO FORM:
By:
Printed Name:
Title: 1,
Mary Bi rig, Senior Assist t.City Attomey
N_:Caty requires tlt follmvang signature(s) on behal,f of the Contr act`or:
I) the Chai nuxn of the Boar the President ar a Vice-Presideret, AND (2) the
Seeretary, the Chief Financial Office, the Treasurer, an 14ssistant Secretary or
an Assistar t Trettsurer I,f oraly one c rpor ate officer e cists or one corport te
officer holds more than one corporate of`'ice,plea se so indicat OR
The corpornte officer nar aed in a corpopate resolution s authorized[a enter into
this Agreenzent A copy of the corporate resolution, certified by the Secretary
clo e i time to tlze executioa of the Agreehaent, mrxst be provided to Cily.
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cb's
SCOPE SEI2VICE5
Benea.th this sheet.]
EXHIBIT"A"
SCOPE O+'SEY VICES
1. Holiday I)ecorations.
The Holiday Decorations st bject to this Agreement are as follows:
A_ Eighteen(18) Skyline Wrea.ths.
B. One(1) 30-foot Oregon Cascade Tree with holiday ornaments.
C. One(1) 6-foot Royal Starburst Tree Topper.
D. One(1) 15-foot Santa.
E. One(1) 17-£oot Toy Soldier.
F. The Oregon Cascade Tree, Tree Topper, the Santa, and the Toy Soldier are
collectively referred to as the"Self-Standing I)ecorations."
2. Installation of Holiday I)ecorations
A. Installation f Holiday Decorations sha11 begin no earlier than November 22,
2021, and be completed no later than November 28, 2021. Contractor shall not be
liable for installation delays caused by weather, fires, acts of God, or civil unrest,
to include•protesting, looting; rioting, or the blocking of any routes of travel or
entry onto the jobsite from the Contractor's place of business to the work location.
B. The Skyline V reaths shall be installed in the locations and at a height acceptable
to the City Manager(or designee).
C. The Self-Standing Decorations sha11 be installed at a location at Plaza Park to be
determined by.the City Manager (or designee). Installation of a11 Self-Standing
Decorations sha11 occur on weekdays only.
D. Contractor may>nstall decoration hardware items including, but not limited to,
faceplates, cables, and anchor points, within a reasonable time prior to actual
installation dates._
E. Contractor shail,:at its sole cost,test a11 lamps and replace all defective,broken, or
bumed out lamps during the installation process and,thereafter,before storage.
3. RemOval of Aoliaiay Decorations
A. Removal of Holiday Decorations sha11 begin no eazlier than January 1, 2022, and
be completed no later than January I2, 2022. Contractor shall not be liable for
removal deIays caused by weather, fires, acts of God, or civil unrest, to include
protesting, looting; rioting, or the blocking of any routes of travel or entry onto
the jobsite from the Contractor's place of business to the work location.
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B. Upon removal of Holiday Decorations,the Contractor sha11 disassemble, pack and
ship all Holiday Decorations to Contractor's storage facility.
C. Contractor shall, at its sole cost, test all lamps and replace all defective lamps
during the removal process.
4. Storage of Holiday Decorations.
A. Holiday Decorations shall be cleaned and dried prior to storage.
B. Holiday Decorations shall be properly stored and secured at Contractor's storage
facility located at 4284%z Mission Boulevard, Montclair, Cali ornia 91763, or at
such other storage facility as may be approved by City.
5. Site Preparation
A_ The location for the installation of the Holiday Decorations sha11 be determined
by City and must first be approved by Contractor or its representative as to
feasibility for installation_
B. City sha11 secure .any pern ission, permits, and licenses necessary for prbper
installatian of decorations from owners, lessees, Iessors, city, state and other
govemmental a,uthority. City will pay all necessary fees associated with,such
permissions,permits and licenses.
C. Contractor may install decoration hardware items including but not limited to
faceplates, cables, and anchor points within a reasonable time prior to actual
installation dates. All hardware items sha11 remain in place between seasons_
D. City sha11 ensure light standards or poles are in good repair and ready for use.
6. Electrical Soarc e and Current
A. City sha11 furnish, at its own cost and expense, adequate electrical power and
suitable electrical connecrions as are customarily used in the electrical trade or
required by Underwriter's Laboratory within a reasonable area; not to exceed 8
feet from the Holiday Decoration installation locations.
B: For distances greater than 8 feet City will be char ed for extension cords, to be
billed with the secorid installment.
C. City wanants that the electrical connection supplied shall be suita.ble for the
intended purpose.
D. City shall pay for electricity consumed by Holiday Decorations.
7. Addation l Services and Charges
A. ff (1) City is unable to provide Contractor with the electrical power and
connections described in Section 6 of this Exhibit "A" and Contractor deems it
necessary to use extension cords for distances greater than 8 feet from the location
of the decoration installation, or (2) if timers are needed or requested, City shall
reimburse Contractor only .for the out-of-pocket expenses assoc ated with the
acquisition of extension cords or timers.
o Such exnenses shall not exceed the a,e ate sum of Five Hundred
I ollars($500.
B. There will be no charge for Seroice Ca11s, after installation of Holiday
Decorations,for an installation-related problem.
C. For service calls not related to installation problems in.cluding, but not limited to,
1) vandalism, weather, civil unrest, looting, protesting, rioting, or acts of God, or
2) if adequate power or proper electrical connections are not available at
installation site at the time of installation and City wishes Contractor ta return to
the installation site to connect the electrical at a later date, or,(3) if a breaker is
turned off, Gontractor will charge City an additional $80:00`per hour including
travel time.
o Such exnenses shall not exceed the a g,`re ate sum of One Thousand
Dollaxs($1000,.
D. Contractor shall replace all defective, broken or burned out lamps on the Holiday
Decorations and City shall reimburse Contractor as follows:
o Seventy-Five Cents($0.75)per lamp for incandescent lamps.
o One Dollar and 501104($1.50 per lamp for LID lamps.
o Contractor sha11 replace broken lamps at its owri expense:
o Reimbursement amounts sha11 include a11 materials and sha11 be included
on the invoice for the balance of the compensation due and payable to
Contractor after Contractor has removed and sto-ed the Holiday
Decorations.
o Such exnenses sha11 not exceed the a re,ate sum of One-Hundred
Dollars $1001.
8. Wa ramty
A. Contractor warrants all work sha11 be performed in a workmanlike manner and
Contractor makes no other warranties, expressed or implied: In any event,
Contractor shall not be responsible or liable for loss of Holiday Decorations
caused by any reason whatsoever, including but not limited to: theft, fire,
vandalism, civil unrest, looting, rioting, winds exceeding 30 M.P.H: or any act of
God.
9, Other City Responsilbil'at es
A. If no common power system is provided, Contractor will use any outlets available
to power the line and, if air conditioning units are in use for that line, City shall .
notify tenant that the light line is powered on their unit and that the breakers must
remain on.
o Cifiy will be charged for a service call if it is necessary to retum because a
tenant has turned off a breaker.
B. Upon cancellation or termination of contract, City will arrange for disposal of its
Holiday Decorations within 30 days of cancellation or termination. City shall
notify Contractor 48 hours before picking up its products or may pay Contractor
to dispose of products.
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