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CM-2020-314 - 11/13/2020RENTAL POLICY AND AGREEMENT BIG EVENTS, INC., Lessor, agrees to rent the following inflatable(s) in the likeness of 2-15' Snowmen, 4-12' Ornaments, 30' Santa, 25' Reindeer & 18' Snowman Giant Inflatable for the date(s) specified below: Event Date(s): December 4 & 5, 2020. Lessee: City of Round Rock (PO#20210174). Address: 221 East Main Street Round Rock, TX 78664 Contact: Jenene Jeffries-Uhrig Parks and Recreations Department Telephone: 512-218-5540 Lessee agrees to pay $9,600.00 rental and $2,715.00 shipping for an Agreement Total of $12,315.00. Lessee is responsible and accountable for, but not limited to, the following: (1) Contacting Lessor immediately upon receipt of any inflatable which is not in proper working order. (2) Control of the inflatable at all times while in the Lessee's possession, including but not limited to, taking reasonable care of the inflatable, and providing continuous security and supervision, even if the inflatable is displayed at a location other than Lessee's property or place of business. If displayed at other than Lessee's place of business, said display must be approved in advance, in writing by Lessor. (3) Lessee shall provide continuous security for the inflatable when not on display. It shall be deflated and dried, and stored in a locked area. While erected and in use, the inflatable shall not be exposed to inclement weather conditions. Wind conditions affect inflatables in varying individual degrees and Lessee must be fully cognizant of prevailing weather conditions as relates to safety of the inflatable. (4) Lessee shall reimburse Lessor for the inflatable(s), for loss resulting from theft, vandalism, or any other kind of damage and for repairs required by Lessor to be made for the inflatable and related parts and attachment caused by, but not limited to, cuts, tears, punctures, scuffs, scrapes, stressed fabric, burn holes (whether caused by friction from dragging or heat from any source), mold/mildew stains (caused by chemicals, tars, paints or other sources). Replacement value(s): 15' Snowman $5,050 ea. 12' Ornament $1918 ea. 30' Santa $5790. 25' Reindeer $6175. 18' Snowman $3150. AM, 2 & -2 0- 3/ � (5) Prompt and immediate return of the inflatable(s) to Big Events, Inc. within 24 hours or the next business day after the scheduled event; or Lessee agrees to pay to Lessor an additional amount of $150.00 per day per balloon for each day that shipment of the inflatable(s) to Lessor is delayed. Lessee shall pay in full with the Agreement. Please make check payable to Big Events, Inc. In addition, Lessee shall send a security deposit in the amount of $ 0.00. Said deposit will be refunded to Lessee at the conclusion of the rental period, provided that all aforesaid conditions have been met. Lessee shall indemnify and hold harmless Lessor and their agents and employees from claims, demands, causes of actions and liabilities of every kind and nature whatsoever arising out of or in connection with Lessee's operations performed under this Agreement. This indemnification shall extend to claims occurring after this Agreement is terminated as well as while it is in force. The indemnity shall apply regardless of any active and/or passive negligent act or omission of Lessor, or their agents or employees, but Lessee shall not be obligated to indemnify any party for claims arising from the sole negligence or willful misconduct of Lessor or their agents or employees, or arising solely by the designs provided by such parties. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement. All work and equipment covered by this Agreement performed at the site or in preparing or delivering materials or equipment to the site shall be at the sole risk of Lessee until the work is completed and equipment is returned to Lessor. This agreement is formed in the State of California, County of San Diego, Judicial District of San Diego, and any conflict shall be adjudicated therein. It is stipulated by Lessor and Lessee that this Judicial District has exclus've jurisdiction for any action regarding this Agreement. Les se Date: Lessor: Date: Rental Agreement PLEASE MAKE CHECK PAYABLE TO: Big Events, Inc. BIG EVENTS, INC. 3909 Oceanic Dr., Ste. 402 Federal Tax ID: 33-0557372 Oceanside, CA 92056 760/477-2655 FAX 760/477-2656 City of Round Rock ROUES ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Rental Policy and Agreement with Big Events, Inc. for rental of inflatables for Light Up the Lake. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/13/2020 Dept Director: Rick Atkins, Director Cost: $12,315.00 Indexes: General Fund Attachments: Backup AGREEMENT _inflatables, LAF - Agreement with Big Events for Inflatables for Light Up the Lake (00459550xA08F8) Department: Parks and Recreation Department Text of Legislative File CM-2020-314 This City Manager item is for the Light Up the Lake Special Event, which is replacing Christmas Family Night for 2020. This will enter into a rental policy and agreement with Big Events, Inc. for helium balloons and cold air balloons during the Light Up the Lake event. These balloons will be used over a two-day period for Light Up the Lake in Old Settlers Park on Friday, December 4th and Saturday, December 5th from 6:30 pm - 9:30 pm each evening. Balloons will include four Helium Balloons (4 Ornaments, 2 Santa's) and three cold air inflatables (30' Santa, 25' Reindeer and 18' Snowman). Cost: $12,1315.00 Source of Funds: General Fund City of Round Rock Page 1 of 1