HomeMy WebLinkAbout25G - AGMT - STAGE RENTALREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 21, 2017
TITLE:
AGREEMENT WITH STAGEPLUS FOR
STAGE AND EQUIPMENT RENTAL FOR
VARIOUS CITY EVENTS
{STRATEGIC PLAN NO. 5,5C)
MANAGER Cil
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F_1i7z7 1004
0 As Recommended
0 As Amended
0 Ordinance on 18` Reading
0 Ordinance on 2n6 Reading
[] Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with StagePlus for
stage and equipment rental for city- hosted events in the amount not -to- exceed $70,000, for a
term of March 21, 2017 to December 31, 2017, with two, one -year renewal options for an
amount not -to- exceed $70,000 per year, for a total amount not -to- exceed $210,000, subject to
non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) has been
working to bring together the elements needed to provide multiple city - produced events throughout
the year and recommends entering into agreements with various vendors to provide the necessary
equipment, stages, security, carnival rides, vendor booths, entertainment, and insurance for city -
produced events.
The Cinco de Mayo and Fiestas Patrias events have been attractions for the downtown community
and surrounding neighborhoods. These two events attract thousands of Santa Ana residents and
visitors from Orange County and the Southern California region. The purpose of the events is to
celebrate through a safe, family - friendly event that includes: live entertainment, food booths,
informational /resource booths, merchandise /service booths; cultural exhibits and carnival
rides /games.
The City also hosts several other events such as the 4th of July celebration, Shakespeare in the
park and Plaza Navidena.
25G -1
Agreement with StagePlus for Stage and Equipment Rental
March 21, 2017
Page 2
On January 18, 2017 PRCSA issued a Request for Proposal (RFP) for various event services. An
evaluation committee consisting of representatives from PRCSA, Planning and Building Agency,
and the Police Department was assembled. The group was divided and assigned one or more
services to evaluate the submitted proposals. The proposals were evaluated based on experience,
understanding, capacity and price. The City received three proposals for stage and equipment
rental. The results are below.
Company
Score
StagePlus
1270
GrooveLabs
1267
AllSta e
1255
The City recommends entering into an agreement with StagePlus for stage and equipment rental.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement &
Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote
arts and culture by partnering with artist groups and merchants to hold events celebrating art in
public plazas, parks and other City - controlled open space).
FISCAL IMPACT
Funds are available in the following account for the specified years:
Accounting Unit
PRCSA- Recreation (no. 01113230- 62300)
Jeannie Jurado
Acting Executive Director
Parks, Recreation and Community
Services Agency
EXHIBITS: 1. Agreement— StagePlus
FY 16/17 FY 17/18 FY 18/19 FY 19/20
$30,000 $70,000 $70,000 $40,000
APPROVED AS TO FUNDS AND ACCOUNT:
rrancisco outierrez
Executive Director
Finance and Management
25G -2
Agency
AGREEMENT WITH STAGE PLUS EVENTS STAGING SERVICES FOR PROVISION,
INSTALLATION AND REMOVAL OF STAGE EQUIPMENT
FOR VARIOUS CITY EVENTS
THIS AGREEMENT is made and entered into this 21" day of March, 2017 by and between
Stage Plus Event Staging Services ( "Contractor "), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ( "City ").
RECITALS
A. The City desires to retain a contractor having special skill and knowledge in the field of
providing, installing, maintaining, and removing stage equipment for various City
hosted events.
A. On January 18, 2017, the City issued a Request for Proposals for various event services.
C. The proposals were evaluated based on experience, understanding, capacity and price.
Contractor's proposal was rated the highest score, therefore, the City recommends
entering into an agreement with Stage Plus for stage and equipment rental services for
various City events.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in this field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
The Contractor will be expected to provide, install, set -up, maintain and remove stage
equipment for requested events. The Contractor is also expected to coordinate with various City
departments and other Contractors associated with the event. Equipment to be provided by the
Contractor includes, but is not limited to items listed above. City may request additional
equipment or services during the term of the agreement at prices identified in the price listing
attached hereto and incorporated herein as Exhibit A. If a requested item is not.listed on the price
listing the City will negotiate a price with the company.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services Seventy Thousand Dollars ($70,000) for the period of March 21, 2017 to December 31,
2017 and Seventy Thousand Dollars ($70,000) for each annual term. Contractor shall be paid for
services performed under this Agreement at the rates and charges identified in Exhibit A to this
Page 1 of 7
25G -3
Agreement. The total stun to be expended under this Agreement shall not exceed Two Hundred
and Ten Thousand Dollars ($210,000) for the entire term of the Agreement, including any
renewals.
b. Payment shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals which
may be expected by the City.
This Agreement shall commence on March 21, 2017 and terminate on December
31, 2017, unless terminated earlier in accordance with Section 12, below. The tern of this
Agreement may be extended for an additional two, one -year renewal options, by a writing
executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer- employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
S. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
Page 2 of 7
25G -4
respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Contractor, if Contractor has any employees, is required to be insured
against liability for worker's compensation or to undertake self - insurance. Prior
to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim with $2,000,000 in the
aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
Page 3 of 7
25G -5
b. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's
services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own infornation of like
importance, but in no event less than reasonable care.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
Page 4 of 7
25G -6
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
With copies to:
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax: (714) 647-6956
Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 571-4221
To Contractor: Stage Plus Event Staging Services
2330 S. Susan Street
Santa Ana, California 92704
Fax: (714) 241-0185
Phone: (714) 390-4563
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty -four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this
Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
Page 5 of 7
25G -7
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination
13. NON- DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
Page 6 of 7
25G -8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
MARIA D.HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: , r AV;4r f,
LISA STORCK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JEANNIE JUARDO, Acting Executive Director
Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
GERARDO MOUET
Acting City Manager
CONTRACTOR
Stage Plus Event Staging Services
Name:
Title:
Page 7 of 7
25G -9
2330 S. Susan St, Santa Ana, CA 42704 (714)241-0184 (714) 5288 -3891 (714) 241-0185 FAX
BiLL TO: SW TO:
RFP No. 17-014 Downtown Santa Ana, CA.
Frank
Parks, Recreation, and Community Services Agency
City of Santa Ana
714-571 -4204 Tel
714 - 571 -4227 Tel
QTY
T
m DESCRIPTION
SOUND (MAIN STAGE)
I
Yamaha M-7 or Sound Craft SI Digital Console (FOH)
$ 250.00
$ 250.00
1 48 ch Snake wt monitor split
$ 75.00
$ 75.00
24 RCF HDI.20 Line Array (mW/ 3gh)
$ 100.00
$ 2,40000 l
I
12 ftCF Dual 18X'subs
$100.00
$ 1,20000 i
1
Monitor pkg 40 mix)
,
1 Yamaha M -7 or Sound Craft SI Digital Console (FOM
$ 250.00
$ 250.00
''..
10 JBL SRX712M Floor Monitor
$ 75.00
$ 750DO
"'.
I JBL SRX712M Monitor w7 lxlg sub for Drum
$ 100.00
$ 100.00
''.
2 JBL SRX725 wt Ixig sub for Side Fill
$ I00.00
$ 200.b0
1
Mic Complements Work Box
5 Sum Beta UR Wireless Mica
$ 7500
$ 375.00
1 Full k1k, Complement set (Sure 58, 57, Drum kit set, Specialty miss)
$ 200,00
$ 200,00
1 Complete He Stands Set
$ IOROO
$100.00
I
Cabling Complement Work Box.
$ 10000
$100.00
XLR Pkg (Ill, IT, 25, 50')
1t4° 1kF'
Specialty cables
DI pkg
CD player
Mini Plug for MP3
i Electrical Distro Pkg
$ 100.00
$10000
i
FOH Audio Engineer ($ 50000 day rate X 2 days)
$1,000.00
$1,00(l,00
i
Monitor Audio Engineer ($ 500.00 day rate X 2 days)
$ 14000.00
$1,00000
2
Stage Audio Tech ($ 250.00 day rate X 2 days)
$ 500,00
$1,00000
I
Stage Manager ($ 500.00 day rate X 2 days)..__
100HO
$1,000.00
_ ...._...._.___.$
,potai Amount — ....._ .... _._._._..__
$10d0W
Mahn Stage
40 x 32 x 5' Stage
1 g' x 16' Monitor World
2 Stair unit
1 Skirting front of stage
1 Stage rails left right & mar
I Fire Extinguisher Pkg
40 x 40 x 35b Self Climbing Roof (Total Structures ED Trussing)
2 10' Wings
1 40 x 32 Black Textaline Mesh
i __. At}cbor_Pkg
page I of 3
25G -10
$ 3,520.00 $ 3,520.00
$ 35200 $ 352.00
$ 100.00 $ 200.00
$ 51500.00 $ 51500.00
$ Mode
$1Q072.OD !,
2994r7-1—SA
.. . ................
QTY
----_--_---
DESCRIPTION... - - -------
- - _-__- - - --- - ___-_
-
Stage Lighting
t2
OLP Imlirmicift MS LED
$ 7500
$ 900,00
9
Elation Powrer Spot 5751E
$ 75D0
$ 600,00
12
Ignition Studio Par 20x3
$35.00
$ 420.00
1
Elation Show Designer 2
$200.00
$200,00
16
Source 4 Per
$25.00
$400,00
1
Dimming Rack
$125.00
$125.00
1
Electrical Bistro Pkg
$ 200,00
$ 20000
2
Antari Fogger
$75.00
$ 154.00
2
Large Fan
$2500
$50.00
A 1,00no
_S_ 'Imo
I
Backlme Instruments
Yamaha Stage Custom, 5 Piece Drum Set
$215.00
$27SOO
I
Fender Twin Guitar Amp
$100.00
$100.00
125-00
$125,00
.
Total Amount -- - -_----_-
------ ----- -- __ .. . .......
$ 58o0
Video
1
20 Panel LEI) Virtual noun, 10,000 knitt Solid Wall (16'w X Th)
$ 150.00
$3,000-00
1 Video Proccesar
$ 500,04
$ 50OLOO
I Camera
$125.00
$125,00
1 DVD Playback
$25MO
$25.00
1 Video Switch
$ 50.00
$50-00
1 Rigging Pkg
$200.00
$ 204.00
1 Mtro Pkg
$100-00
$ WOO
I Video Tech ($ 500.00idqy,_Km(jX2days)
11,900,00
1� 5,WO.00
I PA System for Community Stage
2 JBI, Tops Self Powered
2 1& SuUi Sell Powered
1 6 channel mixer
t SM 58 She
I XLR, Electrical Pkg
I Tech (set-up & tear down)
DJ _Pja
tysfrom jMpQ _ ($
Total Amount
5 Delivery.Set-up & Pick-up
Total Amount
I Building & Safety Permit (Pees not included, Needed letter from
Parks & Rces for fee waiver
Total ..............
Amount
I 5K Forklift (2days)
DoliverySet-up & Pic - k-up____ . .. .. .
Tofai Amount
.. ..... . ..... .... .
page 2 of -1
25G -11
150.00 $300,00
150.00 $ 300.00
25,00 $ 25.00
00,00 $ 00.00
00.00 $00.00
125.00 $ 125.00
$ WHO $500.00
289417 -1—SA
......_........... __..
QTY DFSCRIPTION
Banners
1 480 "w X 39'h
I 72 "w X 39% Left
I 71 "w X 32 h night
Pago 3 of 3
25G =12
.SUB .TOTAL
;TAX:
!SHIPPING
IYGU PAY THIS AMQU
$ 350.00 $ 350.00
$ 567.00 $ 567,00
$ 56100 $ 567.00