HomeMy WebLinkAboutContracts & Agreements_231-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
This agreement for the provision of holiday lighting and decoration installation
("Agreement") is made and entered in this 1' day of November 2022 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City)" and Southern California Lighting
Inc., a California corporation DBA The Christmas Kings ("Contractor"). City and Contractor are
sometimes individually referred to herein as a "Party" and, together, as "Parties." In consideration
of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform holiday lighting and decoration installations
(the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by reference.
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including, but not limited to State prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Chris Boatman, Assistant City Manager, as City's representative with
respect to performance of the Services, and such person shall have the authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services." The
Services shall commence within ten (10) days of the Effective Date of this Agreement.
4.2 The Term of the Agreement shall be for a period of two (2) year from the Effective Date
of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by one (1) additional term (as "Extended Term"), on the same
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terms and conditions, by providing written notice to Contractor at least thirty (30) days
prior to the expiration of the Initial Term or any Extended Term.
4.3 During the term of this Agreement, City may request that Contractor perform Extra
Services. As used herein, "Extra Services" means any work that is determined necessary
by City for the proper completion of the Services, but which the Parties did not reasonably
anticipate would be necessary at the time of execution of this Agreement. Provided the
Extra Services do not exceed twenty percent (20%) of the compensation to be paid by City
to Contractor for the Services, such Extra Services may be agreed to by official in
accordance with Chapter 2.16 of the Redlands Municipal Code. Contractor shall not
perform, nor be compensated for, Extra Services without such written authorization from
City.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The annual compensation for Contractor's performance of the Services shall be in the
amount of One Hundred and Thirty -Two Thousand Dollars ($132,000.00) for the initial
two-year term and total compensation of One Hundred and Ninety -Eight Thousand Dollars
($198,000.00) throughout extended terms of this Agreement.
5.2 Contractor shall submit one invoice upon completion of each annual episode of Services
provided in accordance with the schedule set forth in Exhibit "A," entitled "Scope of
Services." City shall pay Contractor no later than thirty (30) days after receipt and approval
by City of Contractor's invoice.
5.4 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail; in each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section:
City
Chris Boatman
Assistant City Manager
City of Redlands
35 Cajon Street, Suite 200
P.O. Box 3005 (mailing)
Redlands, CA 92373
Contractor
Mathew Kronquist
Owner
Southern California Lighting Inc. DBA
The Christmas Kings
31500 Grape St. Unit 3233
Lake Elsinore, CA 92532
Such addresses may be changed by notice to the other Party given in the same manner as
provided above.
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ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration
of its performance of the Services. Contractor shall not perform any Services unless and
until the required insurance listed below is obtained by Contractor. Contractor shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty (30) days prior written notice
to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to City
that Consultant is self -insured or exempt from the workers' compensation laws of the State
of California. Consultant shall provide City with Exhibit "B" entitled "Workers'
Compensation Insurance Certification," which is attached hereto and incorporated herein
by this reference.
6.3 Contractor shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Contractor shall secure and maintain business auto liability coverage, with minimum limits
of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury
liability and property damage liability. This coverage shall include all Contractor owned
vehicles used in connection with Contractor's provision of the Services, hired and non -
owned vehicles, and employee non -ownership vehicles. City shall be named as an
additional insured and such insurance shall be primary and non-contributing to - any
insurance or self-insurance maintained by City.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers,
employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not haye any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
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7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City or
for any subdivision thereof.
B. Does not serve in a staff capacity with City and, in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City officially determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Contractor in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole risk.
8.4 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall have
control over the conduct of Contractor or Contractor's employees, except as herein set
forth. Contractor shall supply all necessary tools and instrumentalities required to perform
the Services. Assigned personnel employed by Contractor are for its account only, and in
no event shall Contractor or personnel retained by it be deemed to have been employed by
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City or engaged by City for the account of, or on behalf of City. Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent, nor shall Contractor have any authority, express or implied, to bind City to any
obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall teliilinate upon
completion and acceptance of the Services by City; provided, however, this Agreement
may be terminated by City, in its sole discretion, by providing not less than ten (10) days
prior written notice to Contractor of City's intent to terminate. If this Agreement is
terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no
amount shall be allowed for anticipated profit or unperformed Services, and (2) any
payment due Contractor at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8.6 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and -any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in
confirmation of this Agreement.
CITY OF REDLANDS
By.
PAL - T. • CI-\ , MAyv R
ATTEST:
e Donaldson, City Clerk
SOUTHERN CALIFORNIA LIGHTING
INC. DBA THE CHRIST: • S KINGS
By:
Mat i ew Kro 4 quist, Own
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EXHIBIT "A"
SCOPE OF SERVICES AND BID SCHEDULE
Request for Bid #FCS10122021JS
HOLIDAY DECOR RENTAL AND INSTALLATION SERVICES
All Bidders must conform to these specifications and the products they furnish shall be of first
class quality and said product shall be the best obtainable in the various trades. The following
criteria will also need to be adhered to:
Bidder must bid on all items; award will be mad e to the lowest responsive and responsible bidder.
Prices shall include all costs for the services/items described, overhead costs, including, but not
limited to, sales tax, freight, delivery and fuel fees shall be included in the total price. Prices
shall remain in effect for the term of the contract and prices shall remain in effect for 90 days from
the bid opening date.
Bidder further agrees; in addition to the terms and conditions specified herein the following terms
and conditions that are a part of this quote and any resulting contract. Quantities stated below are
estimates only and are not guaranteed. Quote unit price on the estimated quantity and unit of
measure specified. The City may order more or less than the estimated quantity indicated on quote
price sheet.
DO NOT hand write in any other amounts, notations, specifications to the quote price list below
that are not called for in the specifications or quote price sheet. DO NOT include any pricing
sheets or any other documentation not called for in the quote specifications. Doing so may deem
your quote nonresponsive and cause your quote to be rejected.
SCOPE OF SERVICES
Holiday decoration items will be installed along the historic downtown East State Street, Orange
Street, and 5th Street. These items include an artificial tree, artificial garland, ornament wreaths,
and miscellaneous holiday items for display. Commercial grade artificial garland, 18" by 24" red
bows will be placed on 65 light posts throughout the downtown area. Services also include three
60" pre -light wreaths that will be placed at Ed Hales Park and on the two arches along East State
Street.
The contractor shall provide a 38-foot Christmas tree with a six foot topper to be placed at Ed
Hales Park. The tree will need to be programmed with a custom light show to music; each song
approximately 3 minutes in length, 3 songs total. Light show will need to be controlled by
commercial grade LOR controllers allowing the tree to be synchronized to music. The lights on
the tree will chase up and down from top to bottom, all red lights on or all green lights on at one
time. Lights on the garland and star will need to be controlled independently. All sections of the
tree will need to be controlled and able to be turned on with a specific schedule. Three outdoor
rated loud speakers will need to be installed in the tree with a commercial grade crown power amp
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to drive the speakers. A technician will need to be onsite during testing and lighting ceremony to
ensure workability.
Contractor is responsible for maintenance, repair and/or replacement of equipment and
appurtenances associated with the decorations and components that operate the decorations
through the duration of usage.
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
Southern California Lighting Inc. DBA The Christmas Kings
Date: /d "2-1-7-7— B
Mathew Kronquist, Owner
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