HomeMy WebLinkAboutContract 1429-3 COpy
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 2014,
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,.2014, and must be completed no later than
Nov_ember.,3Q, 2014. Removal shall be started no earlier than December-28,.2014 and
completed no later than January:14. 2015. 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: prior to
50% $3,683.25 due upon_.,,receipt of Contract return date, p
installation
50% $3 583.25. due upon.rece t or within 10 days of 2"d 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
£OOIj %yd sz:ZT tTOZ/ZT/60
amount t $1 by C Q, boar• at no charge.pIf Customer wishes to be named astadditionally
if requested by Customer,
insured on Installers Insurance there will be e an additional hallgbe the5Custome�'s sole'
other insurance required by law or by
Responsibility.
ARTICLEVII SITE PREPARATION AND PLAT PLAN
The location for the Installation of the decorations entativel as to feasibility yfor ins installation.
must first be approved by Installer or its representative permits, and licenses
Customer will be responsible for securing any p
necessary for proper installation of decorations from owners, lessees, lessors, city, state
and other governmental authority.
decoration hardwareoe items including but not necessary
Installer is given permission to limited
to faceplates, cables, 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 ricaf trade or required by suitable
U dervvr�teris
are customarily used in the ele Laboratory within
a reasonable area not to exceed beecha�g d oeCextensionscords�nTo be for
bitdistance
led with
greater than 8 feet Customer
installment. Customer warrants�g that
shall be responsible supplied for for the intended purpose.
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 sucoh shall
conditions this Contract.
ARTICLE its duty of
performance under any
A_RTICLE 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 n shall remain event,
nnt, that
force portion and effect,be deleted from this
Contract, and remaining portions
ARTICLE XI DEFAULT
In the event of a default of any payment of any sums due hereunder, or in the
within three (3) any other covenant n notice efrom Installer, or if Customer becomes insolvent,
within three (3) days after writtof
en
ceases to do business as a going
ett on under the Bankruptcy Act as anmended is filed tby
creditors or any proceeding or p
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
by
this contract as to any and all items excess,installation,aity, of the amount of thereupon
reserved
entitled to recover from customer the
the Contract for the balance of the stated term.
ARTICLE XII.SERVICE CALLS an
There will be no charge for
rob emcs n telelated after
to installation Secluding but n
installation related problem. P ot limited
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ACCOUni
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
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 $70700
per hour including travel time.
ARTICLEXIII ADDITIONAL TERMS
X None
Tree--$2500,00 _—_.._.
114 Cancly_,Cane Sprays---$4566.50
211' Rocky Mountain Pine Garland---$300.00
Executed this contract on date set forth by their signatures:
fr.
,....._ ._.....—
TARA A. JOH EN GUSTO ER
DATE: . _ DATE: ._ ..ZD
THE JARVIS COMPANY
PO Box 860
Grass Valley, CA 96946
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EXHIBIT "B"
PERFORMANCE SCHEDULE
Initial Installation Date 11/24- 11/30/14
Maintenance Period 11/27/14— 1/6/2015
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 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.
NOTE: 48 hours notice must be given for any maintenance call.
Removal and Storage Date 1/3/2015 to 1/9/2015
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i
ADDENDUM TO THE INSTALLATION CONTRACT
RELAMPING AGREEMENT
ACCOUNT NAME: City of Cathedral City, Cathedral City
By Executing this Agreement,
I am granting The Jarvis Company permission to
replace all burned out lamps on the decorations hat The Jarvis Company replaces
Contract Account# 1599. It is understood that
lamps at their expense.
The total charge for the replacement of burnt out bulbs is $.75 per lamp including
materials and labor, charges added to the second invoice.
If accepted, please execute below and return to The Jarvis Company with the
installation contract by the payment due date.
Customer understands there shall be no obligation
receipt on the part
agreements
Company to perform any of the above work u P t
by the payment due date.
By: ___ / ,ftr- Q., eft:),)i.,,4
Title: —7¢Cf� i�� cwt -----�
Date: 9 `3c / ......._..-_.....
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