Amended Agenda Item 5 Attachment I
AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
AND
PROPS AV
DATED: FEBRUARY 24, 2025
CITY OF
Form Approved 2/4 7/2023
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FIRST AMENDMENT TO AGREEMENT
This Amendment to the original agreement dated July 1, 2024 ("Agreement"), attached as Exhibit 1 to this Amendment, for production services is made and entered into as of this 24th day of February 2025, by and between the City of Yucaipa ("City"), a California municipal corporation and Props AV, A California Corporation, ("Vendor"). City and Vendor are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties." Parties agree to the following amendments to the Agreement:
Agreement's Section 2. Compensation is amended:
"This agreement is for a not to exceed amount of $388,000. Vendor shall provide City a quote for services requested and invoice City for services rendered on a per event basis. City shall pay Vendor upon completion of Vendor's services.
2. Agreement's section 6 (Indemnification, subsection A. 1. is amended:
A. Indemnities for Third Party Claims.
1. Each party hereto ("Indemnifying Party") shall indemnify, defend and hold harmless the other party, its officers, agents, employees and volunteers against any loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including but not limited to reasonable attorney fees, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party, its officers, agents or employees, which occurs in the performance of, or otherwise in connection with, this agreement, but only in proportion to and to the extent such loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including reasonable attorney fees, is caused by or results from the negligent or wrongful act or omission of the Indemnifying Party, its officers, agents, or employees.
3. Exhibit A of the Agreement is amended to read in its entirety:
SCOPE OF SERVICES/COMPENSATION
I . Vendor shall provide audio visual ("AV") services for the Yucaipa Performing Arts Center ("YPAC") and the following City special events ("Special Events"):
a. 4th of July
b. Concerts in the Park
C. Autumnfest
d. Winterfest
e. 9-11 Ceremony
f. State of the City Event
g. Music and Arts Festival
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2. Each YPAC performance, and/or rental, or Special Event will be unique in time, location, and type of event. Vendor shall take City staff s direction to meet the need of each client. Vendor shall meet with City staff to understand the need of each event including sound, lighting, stage size and layout. Vendor must provide a quote to operate the sound and lights for the event, ensure Vendor executes event production to City's standards and provide a detailed invoice within three (3) business days at the event's conclusion.
3. Vendor shall work with City staff on City -produced shows and events and when directed will act on behalf of City to negotiate production and AV with artists and their team. Vendor's duties include, but are not limited to:
a. Maintain inventory,
b. Organize City's equipment and products stored at the YPAC, C. Produce events by installing, removing, adjusting City -owned lights and sound equipment, such as speakers and amps,
d. Operate heavy machinery such as a forklift, and
e. Chair Setup:
i. Assist with retractable seating.f. Stage Construction:
i. Build and disassemble the stage as required for various performances and events.
ii. Ensure compliance with safety standards during stage setup and teardown, and
iii. Collaborate with technical staff to integrate stage features (e.g., lighting, props).
g. Mechanical Checks: Conduct thorough inspections of all mechanical at YPAC including, but not limited to:
i. Roll doors,
ii. Outdoor stage door,
iii. Sound systems,
iv. Lighting equipment,
V. Rigging system,
vi. Projection equipment, and
vii. Ensure all mechanical items are functioning correctly and report any malfunctions or necessary repairs to City staff. Vendor is not liable for the failure of City owned equipment and mechanical systems.
4. Vendor shall work with YPAC staff to streamline processes and procedures for performance and non-performance rentals, and help to evaluate, locate, and recommend the purchase of supplies, equipment, and software programs for YPAC, that will result in efficient processes and excellent customer service.
5. Vendor shall provide one Vendor staff member for a minimum of forty (40) hours a week to act as an AV technician as well as one Vendor staff member for a minimum of twenty (20) hours a week to act as a lighting technician. 4935-9091-7402.1 Page 12
6. Vendor will have each subcontractor and employee providing in -person services for any event to be in uniform and arrive to each event no later than one (1) hour before the start. Vendor will work with City staff to execute each event.
7. Vendor shall provide one Vendor staff for a minimum of 40 hours a week to generate, to City's preference, engaging and high -quality video content tailored for City's social media platforms. The goal is to enhance City's online presence, connect with City's audience, and drive engagement through visual storytelling. All content created during this engagement will be City's property. Vendor agrees to maintain confidentiality regarding proprietary information and materials.
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IN WITNESS WHEREOF, Parties hereto have executed this Amendment to Agreement on the date and year first written above.
CITY OF YUCAIPA VENDOR
By:
Chris Mann
City Manager
ATTEST:
CITY CLERK
By:
Ana Sauseda, MMC
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Steven G. Pacifico, City Attorney
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Lo
Brady Westbrook
Owner