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HomeMy WebLinkAbout25D - AGMT - STAGE RENTALREQUEST FOR COUNCIL ACTION ry y CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2014 TITLE: AGREEMENT WITH STAGE PLUS FOR STAGE RENTAL AND INSTALLATION FOR FIESTAS SANTA ANA EVENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus for stage rental and installation for the Fiestas Santa Ana event in the amount of $29,785, which includes a 15% contingency, for a term to end on September 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. The September Fiesta event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Santa Ana through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 36th Annual Fiestas Santa Ana will take place on September 12 — September 14, 2014. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host Fiestas Santa Ana and act as Event Manager this year. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event. The decision to not provide this responsibility to a promoter company and accomplish this undertaking by the City was finalized earlier this year. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into an agreement with Stage Plus to provide a main stage and community stage for the event. Selection of this company was made after soliciting pricing from various companies that have provided similar services to the City in the past. Stage Plus was selected as a result of pricing as well as prior experience of providing this service for past City events. 25D -1 Agreement with Stage Plus for Stage Rental September 2, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy C, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space FISCAL IMPACT Funds are available in the Recreation Community Services Contract Services - Professional account (no. 01113230 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet, Francisco Gutierrez, ja_ Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 25D -2 AGREEMENT WITH STAGE PLUS EVENT STAGING SERVICES FOR PROVISION, INSTALLATION AND REMOVAL OF STAGE EQUIPMENT FOR FIESTAS PATRIAS EVENT THIS AGREEMENT, made and entered into this 2 "d day of September, 2014 by and between Stage Plus Event Staging Services (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing stage equipment for special events such as the Fiestas Patrias event that the City is hosting ( "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 this 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rented stage, ground support systems, audio, lighting, scaffolding, barricade and ramps (collectively the "Equipment') at 0 Street and 5 " Street and Broadway Avenue for the Event, as set forth in Exhibit A to this Agreement Contractor shall deliver the Equipment on Friday, September 12, 2014, and start set -up immediately after the closure of the streets at 7:00 PM. Contractor will cleanup and remove the Equipment Sunday evening and have it completely removed and cleaned up by 6:00 AM, Monday, September 15, 2014. Contractor will also provide Stage Manager services for Friday and Saturday. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract award for such services pursuant to the Contractor's Proposal shall not exceed Twenty Nine Thousand Seven Hundred Eighty Five Dollars ($29,785.00). b. City shall pay Contractor half of the Compensation ($14,892.50) upon execution of this Agreement plus proof of insurance from Contractor. The other half of Compensation ($14,892.50) shall be payable by City to Contractor on the day of the Event after set -up. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2014, unless terminated earlier in accordance with Section 12, below. The Tenn of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25D -3 4. 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 25D -4 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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 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. 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. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 25D -5 With copies to: Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Contractor: Stage Plus Event Staging Services 2330 S. Susan Street Santa Ana, California 92704 Facsimile: (714) 24I -0185 Phone: (714) 528 -3891 A party may change its address by giving notice in writing to the other party. 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 telefacsimile, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event Of conflict between the terms of tills 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 nor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized set-vices 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 which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25D -6 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Iii 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder 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 be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns 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. 25D -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ((�� By: L' ck Assi to t City Attorney RECOMMEND FOR APPROVAL: Gerardo Monet, Executive Director Parks, Recreation & Connnunity Services Agency 0 CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Stage Plus Event Staging Services Manuel Huante Contracts Administrator Tax ID# 25D -8 Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 714}571 -42.04 Tel 714- 486 -4732 Cel SOUND (MAIN STAGE) Sound Craft SI 32 ch Comte WOW 1 Drive Rack 1 Snake w/ monitor spat 12 EV Cobra Line Array Gnid/nigld 12 EV Cobra Dual 18" subs Monitor pkg (6-8 mix) I Sound Craft St 32 Console (Monitot,� 6 Floor Monitor 1 Drum Fill Monitor 2 Side Fill Work Box 4 Sure UR Wireless Mica 1 Mir pkg 1 Cabling pkg 1 Dt pkg CD player Engineer Tech in Stage 40 x 32 x 5 Stage 2 Stair unit 1 Skirting front of stage 1 Stage rails left, right & rear I Fire Extinguisher Pkg 40 x 32 x 30h Self Climbing Roof (4 tower) 1 40 x 32 Mesh Cover (Black) 1 Anchor Pkg (3 4,00 lbs balasd 'go Lighting ; PC Console 575 wakes Oh End) 250 spots (Hi End) 1 Cable Pkg 1 Distro 24 Source 4 par I Dimmer Pkg 1 Color Gel Pkg ckhne Instruments Yamaha Stage Custom Drum Set Fender Twin Guitar Amp GK800 (4x10) Bass Amp SHIP TO: Fiesta. Patrias Downtown Santa Ana, CA page 1 of 3 25D -9 :43 TL 2330 S. Susan St, Santa Ana, CA 92704 25%14- L—SANTA ANA_Scpt (714)241 -0184 (714) 528 -3891 (714) 211 -0185 FAX ITEM NO. QTY DESCRIPTION Video 1 12 Panel LED Wheal Smm, Solid Wall I Camera 1 DYD Playback 1 Video Switch 1 Rigging Pkg 1 Disttn Plcg 1 Delivery,Set -up & Fick -up Ina y Stage 1 24 ch Console (FOW I Snake w/ monitor split 4 JBL SR (mid /higp) 2 JBL Dual I8" subs 1 Monitor pkg (4 mix) 4 Floor Monitor 1 Work Box 2 Sum wireless Mics I Mic pkg 1 Cabling pkg 1 DI pkg 1 CD player 1 Engineer 1 1 taTech 21 x24x35Stage I Stair unit 1 Skirting front of stage I Stage rails left, right & rear 1 Fire Extinguisher Pkg Cage Lighting 2 Tress with 8 Pats 1 Distro Pkg tackline, Instruments 1 Yamaha Drum Set 1 Fender Twin Guitar Amp 1 GK800 (4x10) Bass Amp 1 Building & Safety Permit (No Fees) 1 Stage Manager Sat & Sun 2 Wing Banners Mesh 6x25 page 2of 3 25D -10 s >gVIR,s o 2330 S. Susan St, Santa Ana, CA 92704 259014-1—SANTA AM—Sept (714)7410184 (714) 528 -3891 (714) 241 -0185 FAX ITEM NO, QYY. DESCRIPTION Note: Venue to provide 1 5,000 lbs forklift for set -up and load-out and 't Fees The Undersigned has lead, understands &accepts all of the terms stated in this Cbntiact The Undersigned asrenines su respmisd ility for equipment stokm m damaged and hereby agrees m make rostitution for any and all missing or damaged equilmwt within 5 working days fmm rho date of theft or damage. Stage Plus Ina. &mimes no liability for personal property that owarea as result of the use or misuse of the equipment described above. 1n addition, undersigned assumes all such liability and accepts fall msponsfM4 for use described above. The undersigned agrees to maintain all safety devices supplied and/or installed by Stage during Plus bas the entire event 1t1-M of the Total Due will be assessed to all eancellations made prior to 72 hours 6e,um the Event Date, CanceOatkm within 72 home of the Event Date will rmh in a char. equal to M of the total amount Permit and, m•, inspection fees are not included In this invoice UPI= otherwm acted. Permit and, ca, inspection fees are not included in this invoice unless otherwise noted. Ali material is to be as Specified, and the above work to be performed in accordance With the drawing and specifications submitted for above work and completed in a substantial workmanlike manner, with payments to be made as Following; $ $095 pymt upon signing of agreement $ 5095 pymt upon set--Up DATE City of &M AW DATE stwThis_Mazuelibsede SUB TOTAL, TAX: SHIPPING ; s 4-3 YOU PAY THIS AMOUNT, 25D -12