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HomeMy WebLinkAboutTSS, INC. dba ALLSTAGE PRO&URANCE NOT ON FILE N -202 2-170 ,,108K MAY NOT PROCEED CLERK OF COUNCIL Jr DATE. AGREEMENT WITH TSS, INC. DBA ALLSTAGE PRO, TO PROVIDE STAGE 0-.PV,Gc,A-0) RENTAL SERVICES TO THE CITY OF SANTA ANA (50yum Wm),* - THIS AGREEMENT is made and entered into this 13th day of June 2022, by and between TSS, Inc. dba AllStage Pro, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide stage rental services for the City's Juneteenth event. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES a. Contractor shall provide the equipment and personnel, as well as the labor, materials, tools, equipment, and incidental customary work required to fully and adequately setup and tear down the equipment described in Exhibit A, attached hereto and incorporated by reference. b. City grants Contractor the right to enter its property for the purpose of delivery, set-up, operation, and pick-up. C. The equipment shall be disassembled and removed by Contractor at the conclusion of the Juneteenth event. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for the City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Twenty -One Thousand Dollars and Zero Cents ($21,000). b. Payment by City shall be made the day of the event, subject to City accounting procedures. C. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall continence on June 18, 2022 and terminate on June 30, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as -well as California Code of Regulations, Title 8, Section 16000, et $eq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply_ with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings ordata magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shalt require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shalt be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Conti -actor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions_ Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. _Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICAUON Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agent's, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (2) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is .in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: TSS, Inc. 1936 E. Occidental Street Santa Ana, CA 92705 Attn: Ian Ingram accountina, illstageuro.coin A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timefiames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of aeon flict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City, 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon five (5) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the tern of this Agreement, maintain all necessary licenses, reeessary for tke provisinm�r the services and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall because for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. This Agreement is the final and complete agreement and any prior or contemporaneous agreement(s) for similar services between the parties is superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA —DAISY GOMEZ STINE RIDGIf Clerk of the Council City Manager [signatures continued on next page] N-2022-170 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney don Salvatierra Deputy City Attorney APPROVAL ive Director Recreation, and Community Services Agency CONTRACTOR EXHIBIT A 24 HR SUPPORT (714) 984-4416 �nV®�Ce 1936 E Occidental St. Santa Ana, CA 92705 Invoice Number: INV-02976 Phone: 714.258-1048 Santa Ana Juneteenth Festival Fax:714-258-1052 allstagepro.com of Santa Ana ecreation/Community Service City of Santa Ana .O. Box 1988 anta Ana, California 92702 hone: (714)647-6900 Account Manager Prepared Date Customer PO Pick up Return Ian Ingram Sunday, June 5, 2022 1 6/17/2022 _ 6/20/2022 Load In Date I Load Out Date I Due Date Type city. Description Note Time Rate Unit Rate Ext. Price city. Rental 64 36" Steeldeck leg 1 One Day 0.00 0,00 Weekends Rental 20 Steeldeck Safety Rall 2ft 1 One Day 0.00 0.00 Weekends Rental 40 Steeldeck Safety Rail Pegs 1 One Day 0.00 0.00 Weekends Rental 37 Steeldeck Safety Rail 4ft 1 1 One Day 15.00 555.00 Weekends Rental 74 Steeldeck Safety Rail Pegs 1 One Day 0.00 0.00 Weekends Rental 54 4' x 8' Steeldeck 1 One Day 40.00 2,160.00 Weekends Rental 74 Large Screw Jack 1 One Day 5.00 370.00 _ Weekends Rental 1 Steeldeck Ramp 1 One Day 75.00 75.00 Weekends Rental 175 Steeldeck Stage Bolts 1 One Day 0.00 0.00 Weekends Rental 2 Metal Folding 5 Step 1 One Day 65.00 130.00 Weekends Rental 12 water barrels 1 One Day 15.00 180.00 _ Weekends Rental 26 BOX TRUSS - 9.84FT/3M 1 One Day 30.00 780.00 Weekends Rental 104 Truss Coupler 1 One Day 0.00 0.00 Weekends Rental 104 Box Truss Pins and Clips 1 One Day 0.00 0.00 Weekends Rental 6 St-UJB-12 CORNER BLOCK - CORNER 1 One Day 0.00 0.00 BLOCK Weekends Rental 1 39' x 39' Shade Top Canvas Black 1 One Day 250.00 250.00 Weekends Rental 6 Sumner Eventer 25 65011b Llft - 25' 1 One Day 125.00 750.00 Weekends Rental 2 Box Truss 7.05ft/2.15 meter- 7' 1 One Day 30.00 60.00 Weekends 6/8/2022 8:19 PM Page 1 of 3 24 HR SUPPORT (714) 984-4416 Invoice (Invoice Number: INV-02976) Type City. Description Note Time Rate Unit Rate Ext Price Qty. Rental 16 Vertec Series VT4888 Top AMP RACKS 1 One Day 100.00 1,600.00 INCLUDED Weekends Rental 2 Stagemaker 1 ton motor - 1 ton SPEAKER HANG 1 One Day 150.00 300.00 RIG PACK Weekends Rental 6 2X2 Baseplate 1 One Day 10.00 60.00 Weekends Misc 8 STEEL DECK DRUM RISER WHEELS 1 One Day 0.00 0.00 Weekends Rental 2 Yamaha QL5 1 One Day 400.00 800.00 Weekends Rental 1 Rio Rack Case 1 One Day 0.00 0.00 Weekends -Rental Yamaha-R10- t6081X-- 0.00 Rental 1 Yamaha RIO 3224D 1 Day Rate 400.00 400.00 Rental 1 Power conditioner 1 One Day 0.00 0.00 Weekends Rental 8 JBL PRX712 1 One Day 45.00 360.00 Weekends Rental 2 Beta 3 ES212DA Powered Speaker 1 One Day 45.00 90.00 Weekends Rental 2 IEC Power Cable 1 One Day 0.00 0.00 Weekends Rental 1 85Kva Whisper Watt Generator 2 One Day 500.00 1,000.00 Weekends Rental 10 Vertec Series VT4880 Sub 1 One Day 100.00 1,000.00 Weekends Misc 1 POWER DISTRIBUTION 1 One Day 400.00 400.00 Weekends Rental 40 Cable Ramps 1 One Day 12.00 480.00 Weekends Rental 2 DLINK WRLS-N XTREME GBIT Router 1 One Day 0.00 0.00 Weekends Rental 1 MIC PACKAGE TBD PER RIDERS INCLUDES 1 One Day 750.00 750.00 WIRELESS MICS Weekends Rental 1 backline for basic band 1 One Day 650.00 650.00 Weekends Labor 1 Al A2 STAGE 2 One Day 750.00 1,500.00 Weekends 6/17/2022 10:00 AM - 6/20/2022 6:00 PM Labor 2 LOADIN CREW AND LOAD OUT CREW 10 One Day 350.00 7,000.00 Weekends 6/17/2022 10:00 AM - 6/20/2022 6:00 PM Labor 1 STAGE HAND 2 One Day 350.00 700.00 Weekends 6/17/2022 10:00 AM - 6/20/2022 6:00 PM 6/8/2022 8:19 PM Page 2 of 3 24IIR SUPPORT (714) 984-4416 Invoice (Invoice Number: INV-02976) PLEASE READ BEFORE SIGNING: If other than Lessee, Signer represents he/she is an agent of and authorized to sign for Lessee. Items received are subject to conditions and terms on the reverse side of this contract. Renting party is responsible for full replacement value if items are damaged, lost or stolen. Signature confirms items were received and counts are correct and no defects or impediments are present at time of delivery or at customer pick up. X Signature date Subtotal: $22,400.00 Sales Tax: $0.00 Discount: _ ($2,000.00) Delivery and Pickup: $600.00 Total: $21,000.00 Total Applied Payments: $0.00 Balance Due: $21,000.00 6/8/2022 8:19 PM Page 3 of 3 �II&-Z-A n7-0 v Event Budget Summary / Agreement Invoice Number INV-02976 Agreement / Terms & Conditions Name Santa Ana Juneteenth RENTAL CONTRACT - TERMS & CONDITIONS The Lesser named Allstage Pro hereby rents to the Renter, identified by his/hers signature at the bottom of this contract, referred to from here on as the Renter, in consideration, thereof, acknowledges and agrees to the following: 1. That the Renter has at this date and this time specified and received from the Lesser the personal property listed and identified on the invoice outlined on the front of this page. 2. That this product(s) is to be used by the Renter for the stated period and solely for the purpose for which said equipment was manufactured and intended and she/he will not misuse any of this equipment. 3. The Renter will pay the Lesser the cost of replacement or repair of the rented equipment if lost, stolen or damaged by any cause whatsoever. 4. Tha"he-Rental or�-the-Due-Date-will-immediately-return-the-rented-prsduct(s)rwith all -attachments. aecessariesand-parts-tithe address of the Lesser as listed on the rental invoice, in the same condition the rented product(s) were received, ordinary wear and depreciation excepted. 5. That if the Renter decides to extend his contract beyond the date and time originally agreed upon as indicated on the front of this page, the Renter will immediately notify the Lesser and obtain Lesser's approval and terms of extension. Renter will be responsible for all the fees accrued during any extension. 6. The Renter will be responsible for a late fee of 50% of the daily rate on all equipment that is not returned by 1:00pm on the Due Date as listed on the rental invoice. 7. That the Lesser may at its own discretion, revert all charges to a daily rate if monthly payments on invoices are not paid on due date. 8. The Lesser, at its own discretion, may report as stolen all rented product(s) not received within ten (10) days after the dated listed as the Due Date on the invoice, or if the conditions or circumstances indicate theft, before that date. Renter hereby agrees to hold the Lesser harmless from any claim or liability whatsoever resulting from or rising out of Lesser's reporting the property as stolen. Furthermore the Renter agrees to indemnify and defend Lesser, it's owners, employees and agents from any claim or liability arising out of Lesser's reporting said theft which includes any damages sought for false imprisonment, intentional or negligent infliction of emotional distress. 9. The rental may not exceed a three (3) month period on any contract. All rental contracts may be renewed at Renter's option. 10. That Renter will immediately discontinue use of the personal property should it at any time following the execution of this agreement or any subsequent agreement become unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify Lesser that the equipment is unsafe and in disrepair and until such time, Lesser has regained possession, the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the rented equipment or product(s). 11. The Renter hereby agrees to pay all reasonable collection fees, attorney's fee, court costs or any other expenses incurred by the Lesser to enforce terms and conditions in this matter. 12. The Renter will agree to pay 50% of the rental amount in the instance where the equipment rental was not cancelled 48 hours prior to the pickup date listed in the contract. RENTAL CONTRACT— EXPRESSED & IMPLIED WARRANTY DISCLAIMER RENTER ACKNOWLEDGES AND AGREES THAT LESSER PROVIDES NO EXPRESSED WARRANTY UNLESS AN EXPRESSED WARRANTY IS GIVEN IN WRITING BY LESSER AND FUTHER AGREES THAT LESSER PROVIDES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE EITHER EXPRESSED OF IMPLIED. In addition, the Renter shall defend, indemnify and hold Lesser harmless from any claim of liability, whether based upon a claim from damages to real or personal property or damages or loss to a person. Furthermore, should any Court Actions be initiated by either the Renter or Lesser, the Renter hereby agrees to pay all reasonable Collection, Court Costs and Attorney fees incurred by the Lesser or any other reasonable expense incurred to enforce the Terms and Conditions of the contract by any party. I, the Renter, hereby acknowledge that I have read and understand the above TERMS, CONDITIONS and WARRANTY DISCLAIMERS. DATE DUE_/ ! SIGNATURE DATE /_! Samantha Digitally signed by Samantha M.LanYfSSINCO-01 ANTHONYMANZANARES 2.06.15 .4COR0"„ CERTIFICATE DATE(MM/DD/YYYY) `..•--' OF LIAIL'.��D�2ANCE 6/8/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Isabel Barron NAME: PHONE FAX (A/C, No, Ext): (805) 537-0105 (A/C, No): (805) 579-1916 NFP Property & Casualty Services, Inc. 2450 Tapo Street Simi Valley, CA 93063 E-MAIL Isabel. Barron@nfp.com INSURERS AFFORDING COVERAGE NAIC # INSURERA : New York Marine And General Insurance Company 16608 INSURED INSURER B : INSURER 7 TSS, Inc., DBA: Allstage Pro INSURER D : 1936 E Occidental St Santa Ana, CA 92705 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE j OCCUR PK2022000016778 3/29/2022 3/29/2023 DAMAGE TO RENTED PREMISES Ea occurrence 1,000,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El JJECT El LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO PK2022000016778 3/29/2022 3/29/2023 OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X HAPD**SEE ATT $ Hired 9 Auto Phys UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE WC2020200019249 3/29/2022 3/29/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Misc Equipment PK2022000016778 3/29/2022 3/29/2023 Deductible $2,500 400,000 A Owned / Rented PK2022000016778 3/29/2022 3/29/2023 R/C Special Form DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as Additional Insured for General Liability as per written contract, but only as respects the operations of the named insured. General Liability includes primary and non-contributory - Refer to attached blanket endorsement City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIB THE EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PROS AUTHORIZED REPRESENTATIVE FJ&MvwVn1entDM9Ion , REVIEWED&APPROVED Br. 3- Risk Management Supervisor ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TSSINCO-01 LOC #: 1 ANTHONYMANZANARES ACOR©" ADDITIONAL REMARKS SCHEDULE AGENCY NFP Property & Casualty Services, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 \DDITIONAL REMARKS NAMED INSURED TSS Inc., DBA: Allstage Pro 193d E Occidental St Santa Ana, CA 92705 NAIC CODE >EE P 1 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CONTRACTUAL INSURANCE REQUIREMENTS Page 1 of 1 The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP Property & Casualty Insurance Services, Inc. CA License #OF15715 2450 Tapo St Simi Valley, CA 93063 Telephone: (805) 579-1900 Fax: (805) 579-1916 RxNeP �L REVIEWED&APPROVED Br. r Risk Management Supervisor ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NO: PK202200016778 COMMERCIAL AUTOMOBILE AU 0103 0714 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Organization(s): Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy prior to performance of the agreement If no entry appears above, information required to complete this endorsement will be shown in the Declarations or Schedule as applicable to this endorsement. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A.Paragraph A.1. Who Is An Insured of Section II — Covered Autos Liability Coverage is amended to include as an "insured" the person(s) or organization(s) shown in the Schedule of this endorsement, provided that you and such person(s) or organization(s) have agreed under an express provision in a written contract or agreement, or an express condition in a written permit issued to you by a governmental or public authority, that such person, organization or governmental or public authority must be added to this policy as an "insured". However, such person(s) or organization(s) are an "insured" only with respect to "bodily injury" or "property damage" to which this insurance applies resulting from the ownership, maintenance or use of a covered "auto" under this policy and only if the "bodily injury" or "property damage" is caused by an "accident' which takes place after: 1. You executed the written contract or written agreement; or 2. The permit has been issued to you. If the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary, then regardless of whether other insurance is maintained by an additional insured on a primary basis, the coverage provided under this provision will be primary to and non- contributing with other insurance maintained by the additional insured. B.Para rah A.5. Transfer Of Rights Of Recovery Against Others To Us of Sect s 9 P 9 ry 9 REVIEWED&APPROVmBv: Conditions is amended by the addition of the following: Risk Management Supervisor AU 0103 0714 Includes copyrighted material of Insurance Services Office, Inc., rage -i or 2 u with its permission We waive any right of recovery we may have against any person(s) or organization(s) shown in the Schedule of this endorsement because of payments we make for damages under this coverage, to the extent required of you by a written contract, agreement, or permit executed or issued prior to any "accident". RxNePPJAMmgmentWelon �L REVIEWED &APPRovEDBr. r Risk Management Supervisor AU 0103 0714 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 0 with its permission