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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 trio(2) XVd 5Z:ZT 17TOZ/ZT/60 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 SOO XVd SZ:ZT VTOZ/ZT/60 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 900[2 XVd SZ:ZT VTOZ/ZT/60 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 / ......._..-_..... %H3 SZ:ZT FTOZ/ZT/60 L00I�