HomeMy WebLinkAboutC-7429-2 - PSA for Set-Up and Tear Down of Concert Sound EquipmentN
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
U 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 15th day of August, 2019
("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 April 26, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage 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
October 5, 2019, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
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 October 5, 2019, 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 this 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 Fourteen Thousand Five
Hundred Twenty Five Dollars and 00/100 ($14,525.00), 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 Five Hundred Sixty Five Dollars and 00/100 ($3,565.00).
4. 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 ATTO N Y'S OFFICE
Date: 8 11'+ /wtck
By: 61w
City Attorney
o�
ATTEST:
Date:_ F /F H
By:
(1-�z && /.—
Leila&/I. Br n
City Clerk
CITY OF NEWPORT BEACH,
a Califor ism nicipal corporation
Dater
Bv: y_
1!pYHethertort
Library Services Director
CONSULTANT: Triskelion Event
Services, Inc., a falifornia corporation
Date: / T z�D, S
KfanrSedy E. Hobson
Chief Executive Officer
Date: /S 14y<iy,) 20 t
Phoebe M. Hobson �—
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Triskelion Event Seryices, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Triskelion Event Services, Inc. Page A-1
SCOPE OF SERVICES
Consultant shall provide the following Services on Sunday September 29, 2019:
• 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").
• Starting at 2:30 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 Marina Park.
• Between 4:00 p.m. and 5:30 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 8:30 p.m., all Equipment shall be disassembled and removed from the Marina 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 Marina Park in Newport Beach, California ("Marina Park") for the Concert
in the Park event on Sunday, September 29, 2019 ("Event Date"). Consultant shall ensure Consultant
and/or its employees are present at Marina Park on the Event Date from 8:30 a.m. to 8:30 p.m.
EXHIBIT B
SCHEDULE OF BILLING RATES
Triskelion Event Services, Inc. Page B-1
EvenT Services, Inc.
14141 Clarissa Lane
North Tustin, Ca. 927o5
(74) 488 - 2137 (Cellutar)
(714) 730 - 5.516 (Office)
(714) 730.5552 (FAX)
KEaobson@TrisketionProAudio.com
Name of Event:
Location of Event:
Date(s) of Event:
Time(s) of Event:
INVOICE: 2K180929.1
Customer:
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
(949) 717 - 3819
Concert in the Park
Marina Park - Newport Beach, California
Sunday, September 29, 2019
Load -In (a. 08:30: Sound Check 0. 11.-30.• Event 16:00 - 17.30. Lnnd-nut h„ 2n2n
[tem
Description
Price
Each
Total
Das
Total
Otv.
Total
Price
1
Concert Sound Equipment Package:
$2,000.00
1
1
$2,000.00
Front -of -House System (Tri-Amped + Sub - Stereo):
Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console
Included
I
Line -Array - ISP HDL3112 (Powered 3 -Way) (I x 12" + I x 6" + 3 x l ")
Included
8
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
Power Amp Rack (#I): (Hybrid 16 -Space w/ 240v Power Distro)
Included
I
dbx Drive Rack 260 Digital Speaker Processor(s (FOH)
Included
2
TDM 4 -Channel 2 -Way Crossover (Monitors)
Included
I
Crest ProLite200 (300 Watt x 2 per amp) (Monitors)
Included
I
Crest Pro8200 (1450 Watt x 2 per amp) (Monitors)
Included
I
Crest Pro9200 (2200 Watt x 2 per amp) (Subs)
Included
2
Stage Monitor System (Bi-Amped / 6 Mix + Drum Sub):
Community XLT48-E 2 -Way Wedges (I x 15" + I x l")
Included
8
)BL PRX718-XLF Drum Subwoofer
Included
I
Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro)
Included
1
TDM 4 -Channel 2 -Way Crossover (Monitors)
Included
I
Crest ProLite200 (300 Watt x 2 per amp) (Monitors)
Included
2
Crest Pro8200 1450 Watt x 2 per am) (Monitors)
Included
2
TOTAL DUE: IIF sn fast Page
Deposit Waived: KEL
tail
Event servkes, Inc.
14114A Clarissa Larne
North Tustin, Ca. 927o5
(714) 488 -,L37 (Cellular)
(714) 730 - 5516 (Office)
(714) 730 - 5552 (FAX)
IKEHobson®TrisketionProAudio.com
INVOICE:
Customer:
2K180929.1
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
717-3819
Item
Description
Price
Each
Total
Das
Total
Otv.
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
1
2
Power Distribution Rental:
$825.00
$825.00
Safety Ramp(s) - Cable Covers (3' Sections)
As Needed
20
Cable(s) - Hubbell 50amp, 208volt, Twist -Lock (50' Sections)
As Needed
9
Generator - 60KVA (Includes Fuel and Delivery/Pickup)
Included
1
3
Labor:
Delivery, Installation, Operation, Strike & Removal (4 Man Crew)
$30 / Hr
48
$1,440.00
4
Transportation:
LOCAL
$50.00
NEWPORT BEACH BUSINESS LICENSE # BT30022932
Triskelion Event Services, Inc.
is a Fully- Insured Independent Contractor
Documentation Available apon Request
CONCERT SERIES DISCOUNT (Sound Gear Only):
SERIES
-$710.00
HTDUE S3,565.00
Deoosit Waived: KEq
f-
ci
Zr- 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 26th day of April, 2019 ("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 17, 2019, unless terminated earlier as set forth herein.
SCOPE OF WORK
2.1 Consultant 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, Consultant
represents and warrants that Consultant is a provider of first class work and services and
Consultant is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Consultant 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 Consultant 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 Consultant shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Consultant to meet this schedule
may result in termination of this Agreement by City as outlined in Section 30 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
Consultant, 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
Consultant 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 Consultant be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Consultant'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 Nine
Hundred Sixty Dollars and 00/100 ($10,960.00), 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.
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.
Triskelion Event Services, Inc. Page 2
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 Kenn 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 Manager 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.
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
Triskelion Event Services, Inc. Page 3
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 Consultant 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 Consultant or under Consultant's
supervision. Consultant 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 Consultant
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 Consultant's performance of
the services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Consultant, 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 Consultant 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,
Triskelion Event Services, Inc. Page 4
or willful misconduct of the Consultant or any subcontractor or supplier selected by the
Consultant.
10.3 To the fullest extent permitted by law, Consultant 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 Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, 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 Consultant's subcontractors or
suppliers on the Project, and shall include reasonable attorneys' fees and all other costs
incurred in defending any such claim. Consultant'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. Consultant 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 Consultant to indemnify
City from the negligence or willful misconduct of City, its officers or employees.
10.4 Consultant 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.
Consultant shall perform work as specified in Exhibit "A" to limit impacts to traffic during
the system installation period. Consultant 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
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
Triskelion Event Services, Inc. Page 5
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
12.1 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 Consultant 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 Consultant 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 Consultant 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.
12.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
Triskelion Event Services, Inc. Page 6
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.
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 Consultant is a representation that Consultant 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
Triskelion Event Services, Inc. Page 7
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
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
Triskelion Event Services, Inc. Page 8
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
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
27.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. 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.
Triskelion Event Services, Inc. Page 9
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,
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 Manager
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: Kennedy Hobson
Triskelion Event Services, Inc.
14141 Clarissa Lane
Santa Ana, CA 92705
29. CLAIMS
29.1 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.).
29.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Triskelion Event Services, Inc. Page 10
Consultant shall be required to file such claim with the 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.
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.
Triskelion Event Services, Inc. Page 11
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.
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 OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a Califor is m inicipal corporation
Date: `�� �j[q Date: Z3 211
By:`��
For: Aaron Harp ` .
City Attorney ��Q
ATTEST:
Date:
-CeikT B�rown,
City Clerk
/
By:
Ti Hethe on
ibrary Services Director
CONSULTANT: Triskelion Event
Services, Inc., a California corporation
Date: W-14 - z0/9
By:
Kedneldy E. Hobson
Chief Executive Officer
Date: Z '!X?—/
By:)^'1�
Phoebe M. Hobson
Secretary
[END OF SIGNATURES]
Attachments: 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').
.5%A"2 i i lic—) e
�e 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 16, 2019; Sunday, July 7, 2019; Sunday, August 25, 2019; and
Sunday, September 15, 2019 (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
&('111 SeTddres, Inc.
X4141 Clarissa Lane
North. Tustin, Ca. 927o5
(74) 488 - 2137 (Cellular)
(714) 730 - 55x6 (Office)
(714) 730 - 5552 (FAX)
KElHlobsonWr isketionProAudio.com
Name of Event:
Location of Event:
Date(s) of Event:
Time(s) of Event:
INVOICE
Customer:
2K190616.1
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
(949) 717 - 3819
Concert in the Park
Civic Green - Newport Beach, California
Sunday, June 16, 2019
Load -In na, 11:00; Sound Check (ai 17:00: Event 18:00 - 19.30: Load -Out by 23:00
Item
Description
Price
Each
Total
Das
Total
t
Total
Price
1
Concert Sound Equipment Package:
$2,150.00
1
1
$2,150.00
Front -of -House System (Tri-Amped + Sub - Stereo):
Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console
Included
1
Line -Array - ISP HDL31 l2 (Powered 3 -Way) (1 x 12" + I x 6" + 3 x 1 ")
Included
12
Lifts - Sumner Eventer-20
Included
2
TPA 1802 Very Low Freq Speaker Cabinet(s) (2 x 18")
Included
4
Front of House Rack (41): (Hybrid 16 -Space)
Included
1
Furman AR -15 Power Regulator
Included
1
Furman PL -Plus Power Conditioner
Included
1
dbx Drive Rack 260 Digital Speaker Processor(s)
Included
2
American Audio MCD510 Dual CD Playback Deck
Included
1
Power Amp Rack (#1): (Hybrid 16 -Space w/ 240v Power Distro)
Included
1
Crest Pro9200 (2200 Watt x 2 per amp) (Subs)
Included
2
Crest Pro8200 (1450 Watt x 2 per amp) (Spares)
Included
2
Stage Monitor System (Bi-Amped / 4 Mix):
Community XLT48-E 2 -Way Wedges (I x 15" + I x I ")
Included
8
JBL PRX718-XLF Drum Subwoofer
Included
1
Power Amp Rack (#2): (Hybrid 16 -Space w/ 240v Power Distro)
Included
I
TDM 4 -Channel 2 -Way Crossover (Monitors)
Included
1
Crest Pro7200 (590 Watt x 2 per amp) (Monitors)
Included
2
Crest Pro8200 (1450 Watt x 2 per amp) (Monitors)
Included
2
TOTAL DUE: see Last Pzge
Deposit Waived: <E'
�xT$�Pltor�
Eveni Services, Inc.
14141 Clarissa Larne
North Tustin, Ca. 927o5
(7141) 488 - 2x37 (Cellular)
(74) 730 - 5516 (Office)
(714) 730 - 5552 (FAX)
IKEHobsonCa%IYiskelionProAudio.com
INVOICE:
Customer:
2K190616.1
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
717-3819
Item
Description
Price
Each
Total
Das
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
1
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:
150.00
$150.00
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 (4 Man Crew)
$30 / Hr
38
$1,140.00
4
Transportation: (Local)
$50.00
NEWPORT BEACH BUSINESS LICENSE # BT30022932
Triskelion Event Services, Inc.
is a Fully -Insured Independent Contractor
Documentation Available upon Request
CONCERT SERIES DISCOUNT (.Sound Gear only):,
SERIESI-S75U.U11
FTOTALUE : 52 740.00
Deposit Waived:
1Cd��� �emyttres, llnc.
114141 Clarissa Lane
North Tustin, Ca. 927o5
(714) 488 - 2x37 (Ce"uw air)
(74) 73o - 555x6 (Office)
(714) 73i0 - 5552 (FAX)
IKEHobson 0&rriskelionProAudio.com
INVOICE: 2K190707.1
Customer:
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, July 7, 2019
Time(0 of Rvente Load -In (a, 1100- Sound Check n 1' 00 Fvanl IN 00 - 19 ?0• Lnnd-nvt h" 2200
Item
Description
Price
Each
Total
DasQtY.
Total
Total
Price
1
Concert Sound Equipment Package:
$2,150.00
1
1
$2,150.00
Front -of -House System (Tri-Amped + Sub - Stereo):
Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console
Included
l
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
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
JBL PRX718-XLF Drum Subwoofer
Included
1
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: see ea ra€z
Denosit Waived:
ltSyerni Services. Inc.
1441 Clarissa Larne
North Tustin, Ca, 927o5
(74) 488 - 2X57 (Cellular)
(714) 73o - 55X6 (Office)
(74) 730 - 5552 (FAX)
IKEHobson@TriskelionProAudio.com
INVOICE: 2K190707.1
Customer:
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
717-3819
Item
Description
Price
Each
Total
Das
Total
t �.
Total
Price
Stage Gear (As Needed):
Microphone Kit
Included
1
Microphone Stand Collection
Included
1
DI Kit
Included
1
Cable Kit - FOH
Included
I
Cable Kit - Monitors
Included
I
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:
150.00
$150.00
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 (4 Man Crew)
$30 / Hr
38
$1,140.00
4
Transportation: (Local)
$50.00
NEWPORT BEACH BUSINESS LICENSE # BT30022932
Triskelion Event Services, Inc.
is a Fully -Insured Independent Contractor
Documentation Available upon Request
CONCERT SERIES DISCOUNT Sound Gear Only): I
SERIES
-S750.1111
TOTAL DUE :S2 740.00
Deposit Waived:
Evenl Seri i ces, Inc.
14141 Clarissa Lanae
North Tustin, Ca. 927o5
(714) 488 - 2x37 (Cellular)
(714) 73o - 55x6 (Office)
(74) 730 - 5552 (FAST)
KEN#obson(aTriskelionProAudio.com
INVOICE: 2K190825.1
Customer:
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, August 25, 2019
Timetsl of Event: Load -In tea.11:00:Sound Check 'a, 17 00_ F,vent 18-0(X-1930Lnnd-(hit by 7i 00
Item
Description
Price
Each
Total
Das
Total
Qty.
Total
Price
1
Concert Sound Equipment Package:
$2,150.00
1
1
$2,150.00
Front -of -House System (Tri-Amped + Sub - Stereo):
Yamaha QLS 32 -Channel Digital FOH / Monitor / Recording Console
Included
1
Line -Array - ISP HDL31 l2 (Powered 3 -Way) (1 x 12" + I x 6" + 3 x 1 ")
Included
12
Lifts - Sumner Eventer-20
Included
2
TPAI802 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
I
Furman PL -Plus Power Conditioner
Included
I
dbx Drive Rack 260 Digital Speaker Processor(s)
Included
'_
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 14 Mix):
Community XLT48-E 2 -Way Wedges (1 x 15" + I x 1 ")
Included
8
JBL PRX718-XLF Drum Subwoofer
Included
I
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: see [,ast Page
Deposit Waived: )
LSN enl Services, Inc.
114114x Clarissa Lane
North Tustin, Ca. 927o5
(714) 488 - 2x37 (Cellular)
(74) 73o - 55x6 (Office)
(714) 730 - 5552 (FAX)
IKEHobson ftriskelionProAudio.com
INVOICE
Customer:
2K190825.1
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
717-3819
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
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:
150.00
$150.00
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 (4 Man Crew)
$30 / Hr
38
$1,140.00
4
Transportation: (Local)
$50.00
NEWPORT BEACH BUSINESS LICENSE # BT30022932
Triskelion Event Services, Inc.
is a Fully -Insured Independent Contractor
Documentation Available upon Request
C'ON'CERT SERIES DISCOUNT :Sound Gear Only):
SERIESI-57511.IIn
TOTAL DUE: 52 74(1.011
Deposit Waived: KEf
E'vercnli Services, Inc.
1441 Clarissa Laine
North Tustin, Ca. 92705
(T $) 488 -,2x37 (Cellular)
(714) 730 - 55x6 (Office)
(74) 730 - 5552 (FAX)
IKEEIobson _&FrisketionProAudio.com
INVOICE:
Customer:
2K190915.1
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, September 15, 2019
Timetsl of Event: Load -In �d 11:00.' Sound Check n 17.00 Event IR 00 - 19 30 t.nad-Out by 24 on
Item
Description
Price
Each
Total
Das
Total
Qty.
Total
Price
1
Concert Sound Equipment Package:
$2,150.00
1
1
$2,150.00
Front -of -House System (Tri-Amped + Sub - Stereo):
Yamaha QL5 32 -Channel Digital FOH / Monitor / Recording Console
Included
1
Line -Array - ISP HDL31 l2 (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 (91): (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 (1 x 15" + I x I")
Included
8
JBL PRX718-XLF Drum Subwoofer
Included
I
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: 11 see Last Page
Deposit Waived: KE'
1Cdt nl Services, Inc.
R411411 Clarissa Lane
Noirttn Tustin, Ca. 927o5
(714) 4188 - 2137 (Cettudar)
(74) 730 - 55"6 (Office)
(7t4) 73o - 5552 (FAX)
IKERobsonOTriskelionProAudio.com
INVOICE: 2K190915.1
Customer:
Attention: Tim Hetherton
1000 Avocado Drive
Newport Beach, California 92660
717-3819
Item
Description
Price
Each
Total
Das
Total
tv.
Total
Price
Stage Gear (As Needed):
Microphone Kit
Included
1
Microphone Stand Collection
Included
I
DI Kit
Included
1
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
Stand(s) - Tripod Speaker
Included
3
Cable Kit - Delay Speakers
Included
1
2
Power Distribution Rental:
150.00
$150.00
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 (4 Man Crew)
$30 / Hr
38
$1,140.00
4
Transportation: (Local)
$50.00
NEWPORT BEACH BUSINESS LICENSE # BT30022932
Triskelion Event Services, Inc.
is a Fully -Insured Independent Contractor
Docuaurntation Available upon Request
CONCERT SERIES DISCOLNT (Sound Gear Only): I
SERIES
TOTAL DUE: 52 741).00
Deposit Waived:
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
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/8/19 Dept./Contact Received From: Francine
Date Completed: 5/23/19 Sent to: Francine By: Jan
Company/Person required to have certificate: Triskelion Events Services, Inc.
Type of contract:
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/2/19 — 4/2/20
A.
INSURANCE COMPANY: Colony Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XIV
INSURANCE COMPANY: California Automobile Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
AM BEST RATING (A-: VII or greater) A / XIII
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
® Yes
include): Is it included? (completed Operations status does
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
COMPLETED OPERATIONS ENDORSEMENT (completed
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
N/A
its officers, officials, employees and volunteers): Is it
F.
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
HIRED AND NON -OWNED AUTO ONLY:
® N/A
is not limited solely by their negligence) Does endorsement
❑ No
I.
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 8/3/18 — 8/3/19
A.
INSURANCE COMPANY: California Automobile Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XIII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/4/19-4/1/20
A.
INSURANCE COMPANY: State Compensation Insurance Fund
B.
AM BEST RATING (A-: VII or greater): Not Rated
C.
ADMITTED Company (Must be California Admitted):
N Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
N Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
N Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
N N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
N N/A ❑ Yes ❑ No
N N/A ❑ Yes ❑ No
N N/A ❑ Yes ❑ No
N Yes ❑ No
Agent ofAlliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -admitted General Liability carrier. 5/30/18 Risk Management
Approved:
Risk Management
* Subject to the terms of the contract.