Loading...
HomeMy WebLinkAboutC-7429-1 - PSA for Set-Up and Tear Down of Concert Sound Equipmentcr- N N AMENDMENT NO. ONE TO V PROFESSIONAL SERVICES AGREEMENT WITH TRISKELION EVENT SERVICES, INC. FOR SET-UP AND TEAR DOWN OF CONCERT SOUND EQUIPMENT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 22nd day of August, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TRISKELION EVENT SERVICES, INC., a California corporation ("Consultant'), whose address is 14141 Clarissa Lane, Santa Ana, CA 92705, and is made with reference to the following: RECITALS A. On May 9, 2018 City and Consultant entered into a Professional Services Agreement ("Agreement') for Consultant to set-up and tear down concert sound equipment ("Project'). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to September 29, 2018 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the Effective Date, and shall terminate on September 29, 2018, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirteen Thousand Two Hundred Sixty Five Dollars and 00/100 ($13,265.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Thousand Two Hundred Sixty Five Dollars and 00/100 ($3,265.00). 4. EXHIBIT C All parties agree that the document attached hereto as "Exhibit C" is null and void. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Triskelion Event Services, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dater By: " — FvfAaron C. Harp City Attorney ATTEST: Dater Mi.. n ! 71 r/Clerk CITY OF NEWPORT BEACH, a Californi4 municiR I Corporation Date: 1 By (Tiryf Hethert n rary Services Director CONSULTANT: Triskelion Event Services. Inc.. a California corporation By Ke n dy E. Hobson Chief Executive Officer Date 8 -- 7-3 Zdt 6 � BY \ Erih a M. Hobson Secretary [END OF SIGNATURES] Attachments Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Exhibit C – Triskelion Invoice Triskelion Event Services. Inc Page 3 x./.11-3k90A SCOPE OF SERVICES Triskelion Event Services, Inc. Page A-1 SCOPE OF SERVICES Consultant shall provide the following Services for the Concert in the Park event on Sunday September 23, 2018: • Unload and set up all concert sound equipment and power distribution materials listed in the Schedule of Billing Rates, attached to the Agreement as Exhibit B and incorporated herein by reference (collectively, the "Equipment"). • By or before 4:00 p.m., Consultant shall conduct a sound check. As part of the sound check, Consultant shall ensure the performing band plays usingthe Equipment and verify the Equipment functions properly and that the sound produced through the Equipment is sufficient to ensure an excellent performance at Peninsula Park. • Between 5:00 p.m. and 6:30 p.m., Consultant shall oversee and monitor Equipment function to ensure an excellent performance. Consultant shall be available during this time to trouble shoot any Equipment failure. • By or before 11:00 p.m., all Equipment shall be disassembled and removed from Peninsula Park premises. • At all times, Consultant shall maintain the highest degree of participant and audience safety possible and follow all City policies and procedures by immediately reporting any injuries as a result of the Services. All Services shall be provided at Peninsula Park in Newport Beach, California ("Peninsula Park") for the Concert in the Park event on Sunday September 23, 2018 (individually, an "Event Date"). Consultant shall ensure Consultant and/or its employees are present at Peninsula Park on each Event Date from 11:00 a.m. to 11:00 P.M. EXHIBIT B SCHEDULE OF BILLING RATES Triskelion Event Services, Inc. Page B-1 Even SexyEces, Inc. 14441' Clarissa Lane North Tustin, Ca. 92705 (74) 488 -2:137 (Ce(luk r) (7114) 730 - 5516 (OffiFice) (714) 73'0' - 5552 (PAN) '.K EJKobson ooTrisket ionlProAudio.com Name of Event: Location of Event: Date(s) of Event: Time(s) of Event: INVOICE: Customer: 2K180923-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Concert in the Park Peninsula Park - Newport Beach, California Sunday - September 23, 2018 Lood-In 0. 11:00: Sound Check a 16:00: Event 17 00 - 18 30r Tnad-nut by ??-00 Item Description Price Each Total Das Total OtV. Total Price 1 Concert Sound Equipment Package: $2,152.50 I 1 $2,152.50 Front -of -House System (Tri-Amped +Sub - Stereo): Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console Included I Line -Array - ISP HDL31 12 (Powered 3 -Way) (1 x 12" + I x 6" + 3 x 1 ") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA[ 802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (#I): (Hybrid 16 -Space) Included I Furman AR -15 Power Regulator Included 1 Furman PL -Plus Power Conditioner Included 1 dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD510 Dual CD Playback Deck Included I Power Amp Rack (#1): (Hybrid 16 -Space w/ 240v Power Distro) Included 1 Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community XLT48-E 2 -Way Wedges (I x 15" + 1 x I ") Included 8 Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro) Included I TDM 4 -Channel 2 -Way Crossover (Monitors) Included I Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 TOTAL DUE : sec Last Pave Dennsit Waived: loft Event &T -vices, Inc. 14AV C9.31rissa Lalne N®Irtlhn Tustin, Ca. 9'J705 (7114) 488 - 2137 ('Callutalr) (71-4) 730 5516 (Olfllice) (794) 730 - 555,2 (IPA%) Ili E]Hobson@TriskelionProAudio.com INVOICE: 2K180923-1 Customer: Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 2 of 2 Price Total Total Total Item Description Each Das t . Price Stage Gear (As Needed): Microphone Kit Included I Microphone Stand Collection Included 1 DI Kit Included I Cable Kit - FOH Included I Cable Kit - Monitors Included I Audio Snake(s): Stage, Drive & Sub Included 1 2 Power Distribution Rental: 907.50 $907.50 Safety Ramp(s) - Cable Covers (3' Sections) As Needed 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) As Needed 6 Generator - 60KVA (Includes Fuel and Delivery/Pickup) Included 1 3 Labor: $25 / Hr 36 $900.00 Delivery, Installation, Operation, Strike & Removal (3 Man Crew) 4 Transportation: 1.50 / Mile 38 $57.00 NEWPORT BEACH BUSINESS LICENSE H BT30022932 Triskelion Event Services, Inc. is a Fully -Insurer( Independent Contractor Docuaneutation Available upon Request CONCERT SERIES DISC'OUN"f (Sound Gear Onl%): I SERIES -5752.00 TOTAL DUE: �� 53,26x110 -)eoosit Waived: 2 of 2 EXHIBIT C TRISKELION INVOICE Triskelion Event Services, Inc. Page C-1 LItt 1Cveunl services, Inc. 14141 Clarissa Lane North Tustin, Ca. 92705 (74) 488 - 2137 (Cellular) (714) 730 - 336 (Office) (74) 730 - 5552 (FAX) KEHobson@TriskelionProAudio.com Name of Event: Location of Event: Date(s) of Event: Time(s) of Event: INVOICE Customer: 2K180923-1 Newport Beach Arts Commission Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Invoice Date: 11 08.01.2019 Concert in the Park Pavilion Park - Newport Beach, California Sunday - September 23, 2018 Load -Lt 0.. 11: 00: Sound Check 0. 16.•00.• Event 17:00 - 18:30: Load -Out by 23:00 Item Description Price Each Total Das Total Qty. Total Price 1 Concert Sound Equipment Package: $2.152.50 1 1 $2,152.50 Front -of -House System (Tri-Amped + Sub - Stereo): Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console Included 1 Line -Array- ISP HDL3112 (Powered 3 -Way) (1 x 12"+ 1 x 6"+3 x 1") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA 1802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (#1): (Hybrid 16 -Space) Included I Furman AR -15 Power Regulator Included I Furman PL -Plus Power Conditioner Included I dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD510 Dual CD Playback Deck Included I Power Amp Rack (#1): (Hybrid 16 -Space w/ 240v Power Distro) Included I Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community XLT48-E 2 -Way Wedges (1 x 15" + I x I") Included 8 Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro) Included 1 TDM 4 -Channel 2 -Way Crossover (Monitors) Included 1 Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 TOTAL DUE: I I/We hereby accept at the rates specified. eposit Waived: )�' Customer Signature: Date: $ 1 Z D l g A deposit is required to assure equipment availability. A SIGNED copy of this contract MUST be returned with payment. I of 2 att 1Cvetni Services, In.c. 14049 Clarissa Lane North Tustin, Ca. 92705 (704) 488 - 2137 (Cellular) (714) 730 - 5516 (Office) (714) 730 - 5552 (FII) KEHobson@TriskehonlProAudio.com INVOICE: Customer: 2K180923-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 717-3819 Invoice Date: 11 08.01.2019 11 Item Description Price Each Total Das Total Qty. Total Price Stage Gear (As Needed): Microphone Kit Included I Microphone Stand Collection Included I DI Kit Included I Cable Kit - FOH Included I Cable Kit - Monitors Included I Audio Snake(s): Stage, Drive & Sub Included t 2 Power Distribution Rental: 907.50 $907.50 Safety Ramp(s) - Cable Covers (3' Sections) As Needed 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) As Needed 6 Generator - 60KVA (Includes Fuel and Delivery/Pickup) Included 1 3 Labor: Delivery, Installation, Operation, Strike & Removal (3 Man Crew) $25/ Hr 36 $900.00 4 Transportation: 1.50 / Mile 38 $57.00 NEWPORT BEACH BUSINESS LICENSE # BT30022932 Triskelion Event Se9vices, Inc. is a Fully -Insured Independent Contractor Documentation Available upon Request CONCERT SERIES DISCOUNT (Sound Gear Ouh'): I SERIES -5752.00 [/We hereby accept at the rates specified. TOTAL DUE: 53,265.00 eposit Waived: KEY Customer Signature: Date: / 2—v ) A deposit is required to assure equipment availability. A SIGNED copy of this contract MUST be returned with payment. 2 of 2 PROFESSIONAL SERVICES AGREEMENT WITH TRISKELION EVENT SERVICES, INC. FOR SET-UP AND TEAR DOWN OF CONCERT SOUND EQUIPMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 9th day of May, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TRISKELION EVENT SERVICES, INC., a California corporation ("Consultant'), whose address is 14141 Clarissa Lane, Santa Ana, CA 92705, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to set up and tear down concert sound equipment ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on September 15, 2018, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 Contractor shall provide all tangible items and perform all the services described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used under reasonably competent practitioners of the same discipline under similar circumstances and that all materials will be of good quality. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Project installation, implementation and acceptance testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule may result in termination of this Agreement by City as outlined in Section 18 below. 3.2 Force Majeure. The time period(s) specified in Exhibit "A" for performance of services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including but not restricted to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the cause of the delay. City shall ascertain the facts and extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. City's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ten Thousand Dollars and 00/100 ($10,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. Triskelion Event Services, Inc. Page 2 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ken Hobson to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Library Services. City's Library Services Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. Triskelion Event Services, Inc. Page 3 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 9.1 Contractor shall use only the standard materials described in Exhibit "A" in performing services under this Agreement. Any deviation from the materials described in Exhibit "A" shall not be installed unless approved in advance by the City Project Administrator. 9.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 10. RESPONSIBILITY FOR DAMAGES OR INJURY 10.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from Triskelion Event Services, Inc. Page 4 the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them, unless caused by the City's negligent acts, omissions, or willful misconduct. 10.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause to the extent arising from the negligent acts, omissions, or willful misconduct of the Contractor' or any subcontractor or supplier selected by the Contractor. 10.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against: (1) any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liability, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, and Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers. Agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them); (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and/or design defects; and/or (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor's liability in this Subsection shall be limited to the maximum amount of its insurance coverage for claims arising out non -negligent and non- intentional acts performed under this Agreement. Contractor shall not be held responsible for consequential or special damages, or claims made to City for such consequential or special damages. Nothing herein shall require Contractor to indemnify City from the negligence or willful misconduct of City, its officers or employees. 10.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit "A" to limit impacts to traffic during the system installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 10.5 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability Triskelion Event Services, Inc. Page 5 regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 11. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 12. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 13. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 14. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. Triskelion Event Services, Inc. Page 6 15. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 16. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 18. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Triskelion Event Services, Inc. Page 7 20. OWNERSHIP OF DOCUMENTS 20.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 20.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 20.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 21. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 22. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 23. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant Triskelion Event Services, Inc. Page 8 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 24. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 25. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 26. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 27. CONFLICTS OF INTEREST 27.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 27.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 28. NOTICES 28.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, Triskelion Event Services, Inc. Page 9 and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 28.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Library Services Director Library Services City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 28.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Ken Hobson Triskelion Event Services, Inc. 14141 Clarissa Lane Santa Ana. CA 92705 29. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 30. TERMINATION 30.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Triskelion Event Services, Inc. Page 10 30.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 31. STANDARD PROVISIONS 31.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 31.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 31.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 31.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 31.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Triskelion Event Services, Inc. Page 11 31.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 31.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 31.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 31.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Triskelion Event Services, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:( fy By: L Aaron 3. H rp C5041% City Att me ATTEST: Date: By: Xitdani .Brown y erk Attachments CITY OF NEWPORT BEACH, a Califoris unicipal corporation Date: a w By. _ �_ 4""p, Hetherton ibrary Services Director CONSULTANT: Triskelion Event Services, Inc., a California corporation Date: / S .2 o I 1<6rledy E. Hobson Chief Executive Officer Date: By J✓ a M. Hobson Secretary [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Triskelion Event Services, Inc. Page 13 EXHIBIT A SCOPE OF SERVICES Triskelion Event Services, Inc. Page A-1 SCOPE OF SERVICES Consultant shall provide the following Services: • Unload and set up all concert sound equipment and power distribution materials listed in the Schedule of Billing Rates, attached to the Agreement as Exhibit B and incorporated herein by reference (collectively, the "Equipment"). ArrK2 •Br=uF=6efFFe 5:00 p.m., Consultant shall conduct a sound check. As part of the sound check, Consultant shall ensure the performing band plays using the Equipment and verify the Equipment functions properly and that the sound produced through the Equipment is sufficient to ensure an excellent performance at the Civic Green. • Between 6:00 p.m. and 7:30 p.m., Consultant shall oversee and monitor Equipment function to ensure an excellent performance. Consultant shall be available during this time to trouble shoot any Equipment failure. • By or before 11:00 p.m., all Equipment shall be disassembled and removed from the Civic Green premises. • At all times, Consultant shall maintain the highest degree of participant and audience safety possible and follow all City policies and procedures by immediately reporting any injuries as a result of the Services. All Services shall be provided at the Civic Green in Newport Beach, California ("Civic Green") for the Concert in the Park event on Sunday, June 17, 2018; Sunday, July 15, 2018; Sunday, August 12, 2018; and Sunday, September 9, 2018 (individually, an "Event Date"). Consultant shall ensure Consultant and/or its employees are present at the Civic Green on each Event Date from 11:00 a.m. to 11:00 p.m. EXHIBIT B SCHEDULE OF BILLING RATES Triskelion Event Services, Inc. Page B-1 Even) SPTrixeS, 111f. 1141411 Clarissa Laine North Tustin, Ca. 92705 (714) 488 - 2137 (Cellular) (7141) 730 - 576 (Office) (7041) 730 - 5552 (FAX) IKEHobson QWrisketionProAudio.com. INVOICE: 2K180617-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Name of Event: Concert in the Park Location of Event: Civic Green - Newport Beach, California Date(s) of Event: Sunday -June 17, 2018 Timetsl at Event: Load -/n a. 11 00. Sound Check a, 17 02 Event 18 00 - 19 _?0 L,)ar7-0ut by 2? 00 Item Description PriceTotal Each Da �s Total t. Total Price 1 Concert Sound Equipment Package: $115250 1 l $2,152.50 Front -of -House System (Tri-Amped + Sub - Stereo): Yamaha QL5 32-Channet Digital FOH / Monitor / Recording Console Included 1 Line -Array - ISP HDL31 12 (Powered 3 -Way) (I x 12" + I x 6" + 3 x 1 ") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA1802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (41): (Hybrid I6 -Space) Included I Furman AR -15 Power Regulator Included I Furman PL -Plus Power Conditioner Included I dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD5I0 Dual CD Playback Deck Included I Prover Amp Rack (#I): (Hybrid 16 -Space w/ 240v Power Distro) Included I Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community YLT48-E 2 -Way Wedges (I x 15" + I x I ") Included 8 Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro) Included I TDM 4 -Channel 2 -Way Crossover (Monitors) Included I Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 TOTAL DUE: 0 Deposit Waived: KEE4 Iof2 F., II l C'r CC's. Inv. 141411 0airissa Lane North Tlastirn, Ca. 92705 (714) 488 - 2137 (Cel4mmlatr) (714) 730 - 5515 (Office) (714) 730 - 5552 (VAX) IKEI[lobson )TTriskelionProAudio.coin INVOICE: 2K180617-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 [tem Description Price Each Total Das Total Qtv. Total Price Stage Gear (As Needed): Microphone Kit Included 1 Microphone Stand Collection Included I DI Kit Included I Cable Kit - FOH Included I Cable Kit - Monitors Included I Audio Snake(s): Stage, Drive & Sub Included l Delay Speaker System: Mackie Active Speaker(s) - SRM450 Included 3 Stands) - Tripod Speaker Included 3 Cable Kit - Delay Speakers Included 1 2 Power Distribution Rental: 157.50 $157.50 Safety Ramp(s) - Cable Covers (3' Sections) Included 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) Included 2 3 Labor: Delivery, Installation, Operation, Strike & Removal (3 Man Crew) $25 / Hr 36 $900.00 4 Transportation: 1.50 / Mile 28 $42.00 NEWPORT BEACH BUSINESS LICENSE # UT30022932 Triskelion Event Services, Inc. is a Fully -Insured Independent Contractor Documentation Available upon Request COACEKI' SE'RIES DISCOLS'F CSound Gear Ont SERLI-`., TOTAL DUE: S2,SOo.Ou Deposit Waived:KIERJ 2 of 2 Tri-eikelt-iftit vent Servicc,s, .Iric. 14411 Clarissa Larne North Tustin, Ca. 92705 (714) 488 - h37 (Cellular) (7114) 730 - 55t6 (Office) (7i,l) 730 - 5552 (FAX) IKEHfobson(a7 rrisketionProAudio.com Name of Event: Location of Event: Date(s) of Event: Time(s) of Event: Concert in the Park Civic Green - Newport Beach, Sunday - July 15, 2018 Load -In ,d, 11:00; Sound Check a INVOICE: 2K180715-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 California 17:00, Event 18:00 - 19:30; Load -Out by 23:00 Item Description Price Each Total Da vs Total Qtv. Total Price 1 Concert Sound Equipment Package: $2,152.50 1 1 $2,152.50 Front -of -House System (Tri-Amped + Sub - Stereo): Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console Included 1 Line -Array - ISP HDL3112 (Powered 3 -Way) (I x 12" + 1 x 6" + 3 x 1") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA 1802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (0): (Hybrid 16 -Space) Included 1 Furman AR -15 Power Regulator Included 1 Furman PL -Plus Power Conditioner Included I dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD510 Dual CD Playback Deck Included I Power Amp Rack (#I): (Hybrid 16 -Space w/ 240v Power Distro) Included I Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community XLT48-E 2 -Way Wedges (1 x 15" + 1 x I") Included 8 Power Amp Rack (92): (Hybrid 16 -Space w/ 240v Power Distro) Included I TDM 4 -Channel 2 -Way Crossover (Monitors) Included I Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 FTOTALDUE : 0 Deposit Waived: E loft Event SerNices, lnr. 1414w Clarissa Lamle North Tustin, Ca.. 92705 (74) 9188 - 2137 (Cellullair) (7191) 730 - 55n6 (Office) (7 4) - 5552 (FAX) KEHobsor,WriskeliouProAudio.com INVOICE: 2K180715-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Item Description Price I Each Total I Days Total 1Qtv.Price Total Stage Gear (As Needed): Microphone Kit Included I Microphone Stand Collection Included 1 DI Kit Included 1 Cable Kit - FOH Included 1 Cable Kit - Monitors Included 1 Audio Snake(s): Stage, Drive & Sub Included I Delay Speaker System: Mackie Active Speaker(s) - SRM450 Included 3 Stand(s)- Tripod Speaker Included 3 Cable Kit - Delay Speakers Included 1 2 Power Distribution Rental: 157.50 $157.50 Safety Ramp(s) - Cable Covers (3' Sections) Included 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) Included 2 3 Labor: Delivery, Installation, Operation, Strike & Removal (3 Man Crew) $25 / Hr 36 $900.00 4 Transportation: 1.50 / Mile 28 $42.00 NEWPORT BEACH BUSINESS LICENSE # BT30022932 Triskelion Event Services, Inc. is a Fully -Insured Independent Contractor Documentation Available upon Request CONCERT' SERIES DISCOL:NT (.Sound Garr Oulvl: "I . R f l ": -$752.aU [TOTALDUE: 72,�oo.00 Deposit Waived:}� 2 of 2 �ri$�PItn�C lE,erl Servire5, Inc. A411411 Clarussa Layne North Tustin, Ca. 92705 (714) 488 - 2137 (Celllui(ar) (7x4) 73o - 55x6 (Office) (714) 73o -,5,5512 (FAX) IKEHobson@Triskel ionProAud io.com INVOICE: 2K180812-1 Attention: Tim Netherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Name of Event: Concert in the Park Location of Event: Civic Green - Newport Beach, California Date(s) of Event: Sunday - August 12, 2018 Time(s) of Event: Load hi a, 11:00; Sound Check a. l':00; Event 18:00 - 19:30; Load -Out by 23:00 Item Description Price Each Total Das Total Qty. Total Price 1 Concert Sound Equipment Package: $2,15250 1 1 $2,152.50 Front -of -House System (Tri-Amped + Sub - Stereo): Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console Included 1 Line -Array - ISP HDL31 12 (Powered 3 -Way) (1 x 12" + 1 x 6" + 3 x I") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA 1802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (#1): (Hybrid 16 -Space) Included 1 Furman AR -15 Power Regulator Included 1 Furman PL -Plus Power Conditioner Included 1 dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD510 Dual CD Playback Deck Included 1 Power Amp Rack (#1): (Hybrid 16 -Space w/ 240v Power Distro) Included 1 Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community XLT48-E 2 -Way Wedges (1 x 15" + 1 x V) Included 8 Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro) Included 1 TDM 4 -Channel 2 -Way Crossover (Monitors) Included I Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 TOTAL DUE: 0 Deposit Waived:i� loft Event Services. Inv. 141141 Clarissa Larne North Tustin,Ca.92705 04) 488 - 2137 (CeUn lar) (714) 73o - 55n6 (Offffiice) (714) 730 - 5552 (FAX) KEIHIobsordoTr isketionProAud io.com INVOICE: 2K180812-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Item Description Price Each Total Dais Total Qtv. Total Price Stage Gear (As Needed): Microphone Kit Included I Microphone Stand Collection Included 1 DI Kit Included 1 Cable Kit - FOH Included 1 Cable Kit - Monitors Included 1 Audio Snake(s): Stage, Drive & Sub Included 1 Delay Speaker System: Mackie Active Speaker(s) - SRM450 Included 3 Stand(s)- Tripod Speaker Included '+ Cable Kit - Delay Speakers Included I 2 Power Distribution Rental: 157.50 $157.50 Safety Ramp(s) - Cable Covers (3' Sections) Included 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) Included 3 Labor: Delivery, Installation, Operation, Strike & Removal (3 Man Crew) $25 / Hr 36 $900.00 4 Transportation: 1.50 / Mile 28 $42.00 NEWPORT BEACH BUSINESS LICENSE # BT30022932 Trisketion Event Services, Inc. is a Fully -Insured Independent Contractor Documentation Available upon Request CONCERT SERIES DISCOUNT Sound Gear oulv): Al.lttl.''� -5752,011 TOTAL DUE: s2 �uu.On Deposit Waived: f 2 of 2 1Cyeni SerN i c es, Inv. 141141 Clarissa Laine North Turstirn, Ca. 927o5 (7141) 4188 - 2x37 (Cellular) (7119) 730 - 55116 (Of fuce) (7141) 730 - 5552 (FAX) KElnobson aWriskelionProAudio.com Name of Event: Location of Event: Date(s) of Event: Timets) of Event: INVOICE: 2K180909-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Concert in the Park Civic Green - Newport Beach, California Sunday - September 9, 2018 Load -In tea, 11:00; Sound Check ,,� 17 00; Event 18:00 - 19.30; Load -Out by 23:00 Item Description Price Each Total I Das Total I Qty. Total Price 1 Concert Sound Equipment Package: $2,152.50 l 1 $2,152.50 Front -of -House System (Tri-Amped + Sub - Stereo): Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console Included 1 Line -Array - ISP HDL3112 (Powered 3 -Way) (1 x 12" + I x 6" + 3 x 1 ") Included 12 Lifts - Sumner Eventer-20 Included 2 TPA 1802 Very Low Freq Speaker Cabinet(s) (2 x 18") Included 4 Front of House Rack (#1): (Hybrid 16 -Space) Included I Furman AR -15 Power Regulator Included 1 Furman PL -Plus Power Conditioner Included l dbx Drive Rack 260 Digital Speaker Processor(s) Included 2 American Audio MCD510 Dual CD Playback Deck Included 1 Power Amp Rack (0): (Hybrid 16 -Space w/ 240v Power Distro) Included l Crest Pro9200 (2200 Watt x 2 per amp) (Subs) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Spares) Included 2 Stage Monitor System (Bi-Amped / 4 Mix): Community XLT48-E 2 -Way Wedges (1 x 15" + I x 1 ") Included 8 Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro) Included I TDM 4 -Channel 2 -Way Crossover (Monitors) Included l Crest Pro7200 (590 Watt x 2 per amp) (Monitors) Included 2 Crest Pro8200 (1450 Watt x 2 per amp) (Monitors) Included 2 TOTAL DUE: 0 Deposit Waived: I of 2 Evenl Services. lnr. 141411 Clarissa Larne North Tustin, Ca. 92705 (pay) 488 - 2X37 (Cellullar) (7114) 730 5516 (Off "Ice) (74) 730 5552 (FAX) IKEIHIobsonWrisketionProAud io.com INVOICE: 2K180909-1 Attention: Tim Hetherton 1000 Avocado Drive Newport Beach, California 92660 (949) 717 - 3819 Item Description Price Each Total Days Total Qtv. Total Price Stage Gear (As Needed): Microphone Kit Included I Microphone Stand Collection Included I DI Kit Included 1 Cable Kit - FOH Included 1 Cable Kit - Monitors Included 1 Audio Snake(s): Stage, Drive & Sub Included I Delay Speaker System: Mackie Active Speakers) - SRM450 Included 3 Stand(s) - Tripod Speaker Included 3 Cable Kit - Delay Speakers Included 1 2 Power Distribution Rental: 157.50 $157.50 Safety Ramp(s) - Cable Covers (3' Sections) Included 20 Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (100' Sections) Included 2 3 Labor: Delivery, Installation, Operation, Strike & Removal (3 Man Crew) $25 / Hr 36 $900.00 4 Transportation: 1.50 / Mile 28 $42.00 NEWPORT BEACH BUSINESS LICENSE # BT30022932 Triskelion Event Services, Inc. is a Fully -Insured Independent Contractor Documentation Available upon Request CONCERT' SERIES DISCOUNT'Sound Gear Onlv):1 SERWSI I I-S'S1.IMI TOTAL DUE: S2 �110.0t1 Deposit Waived: KEf 2 of 2 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Triskelion Event Services, Inc. Page C-1 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Triskelion Event Services, Inc. Page C-2 Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Triskelion Event Services, Inc. Page C-3