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HomeMy WebLinkAboutContract 1429-4 � IfVt 1-I Account# 1599 THE JARVIS COMPANY INSTALLATION CONTRACT This contract entered into by and between The Jarvis Company (herein after"Installer") and City of Cathedral City (herein after "Customer"). Witnessed that the parties hereto do mutually agree as follows: ARTICLE I TERM OF CONTRACT The term of this Contract schedule, with respect to each item of installation listed here in; 211' of light garland; 1-22' Rocky Mountain Pine Tree; 114 Candy Cane Sprays is for a term of 12 months. Commencing August 2015. ARTICLE II STATEMENT OF WORK Installer shall install, remove and store decorations for customer. Location of installation: City of Cathedral City, various locations. Installation shall be starter not earlier than November 1, 2015 and must be completed no later than November 30, 2015. Removal shall be started no earlier than December 26, 2015 and completed no later than January 14, 2016. Installer shall not be liable for delays of installation or removal of decorations caused by weather or acts of God. ARTICLE III PAYMENTS Customer shall pay to installer for the performance of this contract a price of $7,366.50, which shall constitute total compensation to Installer. Installer is under no obligation for performance of this Contract unless executed Contract is returned and payment is made by the payment due date. PAYMENT SHALL BE AS FOLLOWS: 50% $3,683.25 due upon receipt of Contract return date, prior to installation 50% $3,683.25 due upon receipt or within 10 days of 2nd invoice. ARTICLE IV WARRANTY Installer warrants all work shall be performed in a work-manlike manner. Except for the warranty of performance in a work-manlike manner, Installer makes no other warranties, expressed or implied. In any event, Installer shall not be responsible for loss of decorations cause by any reason whatsoever, including but not limited to: theft, fire, vandalism, or act of God. ARTICLE V PRODUCT DISPOSAL Upon cancellation of contract, Customer will be responsible for disposal of their product. Customer shall notify Installer 48 hours before picking up their product or pay Installer to dispose of product. ARTICLE VI INSURANCE Installer shall obtain a policy of insurance insuring Installer and Customer against liability for loss suffered by third parties with respect to the installation of said decorations in the amount of $1,000,000.00. Installer will provide Customer with a certificate of insurance, if requested by Customer, at no charge. If Customer wishes to be named as additionally Account# 1599 ADDENDUM TO THE INSTALLATION CONTRACT RELAMPING AGREEMENT ACCOUNT NAME: Cathedral City By executing this agreement, I am granting The Jarvis Company permission to replace all burned out lamps on the decoration being installed by them under the contract for Account#1599. It is understood that The Jarvis Company replaces broken lamps at their expense. Customer is to provide electrical outlets within 8 feet of lighting. Customer is to be charged for any additional extension cords or timers if needed or requested. If no common lighting system provided, installer will use any outlets available to power line. If air conditioning units are used the customer must notify tenant that the light line is powered on their unit and to leave breakers on. Customer will be charged a service call if it is necessary to return to a center because a tenant has turned off a breaker. Second(2nd)year add(customer will be charged at the rate of$0.75 per incandescence lamps and$1.50 for LED lamps to replace burned out lamps,to be billed on second(2nd) installment invoice. Customer understands there shall be no obligation on part of The Jarvis Company to perform any of the above work until receipt of this agreement by the payment due date. This applies to ALL LIGHT LINE JOBS and TREE OF LIGHT JOBS. r By Title: pDotit,, Date: � ,r I iS- UI • Account# 1599 THE JARVIS COMPANY INSTALLATION CONTRACT This contract entered into by and between The Jarvis Company (herein after"Installer") and City of Cathedral City (herein after "Customer"). Witnessed that the parties hereto do mutually agree as follows: ARTICLE I TERM OF CONTRACT The term of this Contract schedule, with respect to each item of installation listed here in; 211' of light garland; 1-22' Rocky Mountain Pine Tree; 114 Candy Cane Sprays is for a term of 12 months. Commencing August 2015. ARTICLE II STATEMENT OF WORK Installer shall install, remove and store decorations for customer. Location of installation: City of Cathedral City, various locations. Installation shall be starter not earlier than November 1, 2015 and must be completed no later than November 30, 2015. Removal shall be started no earlier than December 26, 2015 and completed no later than January 14, 2016. Installer shall not be liable for delays of installation or removal of decorations caused by weather or acts of God. ARTICLE III PAYMENTS Customer shall pay to installer for the performance of this contract a price of $7,366.50, which shall constitute total compensation to Installer. Installer is under no obligation for performance of this Contract unless executed Contract is returned and payment is made by the payment due date. PAYMENT SHALL BE AS FOLLOWS: 50% $3,683.25 due upon receipt of Contract return date, prior to installation 50% $3,683.25 due upon receipt or within 10 days of 2nd invoice. ARTICLE IV WARRANTY Installer warrants all work shall be performed in a work-manlike manner. Except for the warranty of performance in a work-manlike manner, Installer makes no other warranties, expressed or implied. In any event, Installer shall not be responsible for loss of decorations cause by any reason whatsoever, including but not limited to: theft, fire, vandalism, or act of God. ARTICLE V PRODUCT DISPOSAL Upon cancellation of contract, Customer will be responsible for disposal of their product. Customer shall notify Installer 48 hours before picking up their product or pay Installer to dispose of product. ARTICLE VI INSURANCE Installer shall obtain a policy of insurance insuring Installer and Customer against liability for loss suffered by third parties with respect to the installation of said decorations in the amount of$1,000,000.00. Installer will provide Customer with a certificate of insurance, if requested by Customer, at no charge. If Customer wishes to be named as additionally Account# 1599 insured on Installers Insurance there will be an additional charge of $25.00. Any and all other insurance required by law or by the Customer shall be the Customer's sole Responsibility. ARTICLE VII SITE PREPARATION AND PLOT PLAN The location for the Installation of the decorations shall be furnished by customer and must first be approved by Installer or its representative as to feasibility for installation. Customer will be responsible for securing any permission, permits, and licenses necessary for proper installation of decorations from owners, lessees, lessors, city, state and other governmental authority. Customers will be responsible for all necessary fees. Installer is given permission to install decoration hardware items including but not limited to faceplates, cables, and anchor points within a reasonable time prior to actual installation dates. All hardware items will be left in place between seasons. ARTICLE VIII ELECTRICAL SOURCE AND CURRENT Customer shall furnish adequate electrical power and suitable electrical connections as are customarily used in the electrical trade or required by Underwriter's Laboratory within a reasonable area, not to exceed 8 feet of the decoration installation site, for distance greater than 8 feet Customer will be charged for extension cords. To be billed with second installment. Customer warrants that the electrical connection supplied shall be suitable for the intended purpose. Customer shall be responsible for payment for electric current consumed by decorations. ARTICLE IX SUBCONTRACTORS AND ASSIGNMENTS Installers have the option to assign all or part of its rights and obligations under the terms of this Contract. Any such assignment shall not relieve Customer of its duty of performance under any of the terms or conditions of this Contract. ARTICLE X CONFLICT OF APPLICABLE LAW If any paragraph or provision of this Contract is declared contrary to public policy unenforceable in law or equity, then in that event, that portion shall be deleted from this Contract, and remaining portions shall remain in full force and effect. ARTICLE XI DEFAULT In the event of a default of any payment of any sums due hereunder, or in the performance of any other covenant herein, and if customer fails to cure said default within three (3) days after written notice from Installer, or if Customer becomes insolvent, or ceases to do business as a going concern, or makes an assignment for the benefit of creditors or any proceeding or petition under the Bankruptcy Act as amended is filed by or against customer, (including a proceeding for reorganization, arrangement, or extension) then in such event, Installer at it's sole option shall have the right to terminate this contract as to any and all items of installation, and Installer shall thereupon by entitled to recover from customer the excess, if any, of the amount of payments reserved in the Contract for the balance of the stated term. ARTICLE XII SERVICE CALLS There will be no charge for Service Calls, after decorations are installed, for an installation related problem. Problems not related to installation including but not limited to vandalism, weather or acts of God. In the event the problem is not related to installation Installer will charge Customer an additional $70.00 per hour including travel time. If adequate power or proper electrical connections are not available at installation Account# 1599 site at the time of installation and Customer wishes Installer to return to the installation site to connect the electrical at a later date there will be an additional charge of $70.00 per hour including travel time. ARTICLE XIII ADDITIONAL TERMS X None Tree--$2500.00 114 Candy Cane Sprays---$4566.50 211' Rocky Mountain Pine Garland---$300.00 Executed this contract on date set forth by their signatures: TARA A. JOH SEN CUSTO ER DATE: x_23 [- DATE: THE JARVIS COMPANY PO Box 850 Grass Valley, CA 95945 Account#1599 I , ADDENDUM TO THE INSTALLATION CONTRACT RELAMPING AGREEMENT ACCOUNT NAME: Cathedral City By executing this agreement, I am granting The Jarvis Company permission to replace all burned out lamps on the decoration being installed by them under the contract for Account#1599. It is understood that The Jarvis Company replaces broken lamps at their expense. Customer is to provide electrical outlets within 8 feet of lighting. Customer is to be charged for any additional extension cords or timers if needed or requested. If no common lighting system provided, installer will use any outlets available to power line. If air conditioning units are used the customer must notify tenant that the light line is powered on their unit and to leave breakers on. Customer will be charged a service call if it is necessary to return to a center because a tenant has turned off a breaker. Second(2nd)year add(customer will be charged at the rate of$0.75 per incandescence lamps and $1.50 for LED lamps to replace burned out lamps,to be billed on second(211d) installment invoice. Customer understands there shall be no obligation on part of The Jarvis Company to perform any of the above work until receipt of this agreement by the payment due date. This applies to ALL LIGHT LINE JOBS and TREE OF LIGHT JOBS. By: Title: PON, \ati),Gel 15'), Date: