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01-0809_THE JARVIS COMPANY_Installation ContractTHE JARVIS COMPANY INSTALLATION CONTRACT ACCOUNT #:l'�M ................ This Contract entered into by and between THE JARVIS COMPANY (herein atter "Installer") and_ CT'f.Y__SF�N _JUAN GAF'ISTRA,N_„0. herein after "Customer” }. Witnesseth that the parties hereto do mutually agree as follows: is for a terra of,_12_months. Commencing ARTICLE W. STATEMENT OF WORK Installer shall install, remove and .store decorations for Customer. Location of installation, CAP;fSTRANQ,, VARIQUS LOCATIONS Tnstallation shall be started no earlier than NOYEM6ER_.1_,2001 and must be completed no later than ._NOWRMBER 3Q,,g001 Removal shall be started after GEC;FMBER26, 2J(�1 ___,and completed no 'later.. than' ,',... JANiJAFtY .14 „,. 2702 Installer shall nest. it Liable for delays of installation or removal of decorations caused by weather or acts of God. ARTICLE II_I__P_AYMENTS Customer shall pay no Installer for the performance of this contract a Pricer of 16727.00_.._. ._ which shall nonsi...tute total compensation to Installer. Installer is under no obligation for n r t or((m nce of t W 4 nontracr unless ,, Aecuted Cont) ao r is I ,l � PAYMENT SHALL BE AS FOLLOWS: 50% $-33j3,50 DUE ON _'JULY31-,-2O0l__CONTRACT RETURN DATE PRIOR TO INSTALLATION 50% $-3363,5<}-DUE ON JAwU;KY;^Q092_WITMIm 10 DAYS OF INVOICE ARTICLE IV._WNRRANTY. Installer warrants all work shall be performed in a work -manlike manner. Except for the wur)anty of perforlanc* in a work -manlike manner, Installer makes no other warranties, expressed or implied. In any event, installer shall not be responsible for loss of decoratlons caused by any reason phatooever,- � v'�ludin9 but not �"mlted to,tbeft,vfie^ vandalism, oct~of God.' �c��� �� r� m � � installer shall obtain u policy of insurance insuring Installer and Customer against liability for lose suffered by third parties with respect to the installation of said decorations in the amount of . Installer will provide Customer with a certificate of insurance, if requested by Customer, at no charge. If Customer wishes to be named as additionally insured on Installers Insurance there will be an additional charge of wS ' Any and all other insurance required by law or by the Customer aha}} be the customer's mole responsibility. -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 nyc*yaary for proper installation of decorations from owners, lessees, 1�ssorjj oty, s,"pte and other Aov*rnmenta!\ ' ` muthority. CuatVmore, AD be responsible for all necessary fees. Installer is given permission to install decoration hardware items including but not limited to faceplates, cables. anchor pointe within # reasonable time prior to actual installation dat*a� Al} hardware items will be )eft in place between neaaona� ARTICLE VII_ ELECTRICAL-SOURCEAND 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 20 feet of the decoration installation site, for distance 0/eater than 2O feet [uatome/ will he charged for *xtonajon cards. To he billed with veoond iznLel!manL. Cuytox/mi wai/aots that the ele"(/icaL cnnnariiox supplied shall he suitah]e for the intended purpa�:` Cuptome{ shall be /pnpnnalb\* tor pa>aaxy for electric nurron). ',"=-°"� �`� �~,^,`,�^^° � � � - ^ r \ installers has the option to assign all or Part of its right-, 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 IX CONFLICT OF APPLICABLE LAW If any paragraph or provision this Contract is declared ontrity to purblltr-'olicy ueab}a'116 law o? equity,'th$t in that event, that portion shall be deleted from this Contract, and remaining portions shall remain in fu}} force and effect, 41 ARTICLE X. 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 anassignment forthe 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 its sole option shall have the right to terminate this Cont/mot 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 Xj.-SERVI99---QALL There will be no charge for Service Calla, after decorations are inetallod, 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 $50,0P Per hour i)/rluding travel time� lf adequate powor o/ proper electrical connections aro not available at installation site at the time of installation and Cuatnmor wishes Installer to return to the installation site to connect the electrical at a later dote there will be an additional char0e of $50.00 Per hour lnoLuding travel Wme� ARTICLE_ XII_ ADDI_TIO_NAL TERM USTOMFR IS RFSPON�_IBLF FOR INSTALLATION AND MAINT'E (! NCE OF CARIES FOR SKYLINE AND GREETING SIGN. i DENNIS W. JAK-VIS DATE: —JULY 9• 2001 DATE THE JARVIS COMPANY PMB 239 1145 2ND ST STE A BRENTWOOD, CA 94513 ( 510) 516-0690 FAX ( 57.0) 516-0270 ADDENDUM TO THE INSTALLATION CONTRACT RELAMPING AGREEMENT ACCOUNT NAME: CITY OF SAN JUAN CAPISTRANO BY EXECUTING THIS AGREEMENT, I AM GRANTING THE JARVIS COMPANY PERMISSION TO REPLACE ALL BURNED OUT LAMPS ON THE DECORATIONS BEING INSTALLED BY THEM UNDER CONTRACT ACCOUNT # 1578 IT IS UNDERSTOOD THAT yTHE JARVIS COMPANY REPLACES BROKEN LAMPS AT THEIR EXPENSE. THE TOTAL CHARGE FOR THIS SERVICE IS $ .75 PER:,LAMP, i INCLUDING MATERIALS AND LABOR, CHARGES ADDED TO THE SECOND INVOICE. IF ACCEPTED,PLEASE EXECUTE BELOW AND RETURN TO THE JARVIS COMPANY WITH THE INSTALLATION CON$RACT�BY THE PAYMENT DUE DATE. CUSTOMER UNDERSTANDS THERE SHALL BE NO OBLIGATION ON THE PART OF THE JARVIS COMPANY TO PERFORM ANY OF THE ABOVE WORK.UNTIL RECEIPT OF THIS AGREEMENT BY THE PAYMENT DUE DATE. BY: T I,`ILE: DATE: i. ADDENDUM TO THE INSTALLATION CONTRACT RELAMPING AGREEMENT ACCOUNT NAME: CITY OF SAN JUAN CAPISTRANO BY EXECUTING THIS AGREEMENT, I AM GRANTING THE JARVIS COMPANY PERMISSION TO REPLACE ALL BURNED OUT LAMPS ON THE DECORATIONS BEING INSTALLED BY THEM UNDER CONTRACT ACCOUNT # 1578 IT IS UNDERSTOOD THAT yTHE JARVIS COMPANY REPLACES BROKEN LAMPS AT THEIR EXPENSE. THE TOTAL CHARGE FOR THIS SERVICE IS $ .75 PER:,LAMP, i INCLUDING MATERIALS AND LABOR, CHARGES ADDED TO THE SECOND INVOICE. IF ACCEPTED,PLEASE EXECUTE BELOW AND RETURN TO THE JARVIS COMPANY WITH THE INSTALLATION CON$RACT�BY THE PAYMENT DUE DATE. CUSTOMER UNDERSTANDS THERE SHALL BE NO OBLIGATION ON THE PART OF THE JARVIS COMPANY TO PERFORM ANY OF THE ABOVE WORK.UNTIL RECEIPT OF THIS AGREEMENT BY THE PAYMENT DUE DATE. BY: T I,`ILE: DATE: TIE JARVIS COMPANY July 9, 2001 Dear Customer, Is hard to believe that the holidays will be here sooni We know that it is just too hot outside to think about Christmas but looking ahead will get it out of your way and on our schedule. Enclosed you will find your installation r_ontract and invoice. We have also included a copy of our W-9 for your convenience. Please sign the white copy of the contract and return it to us along with your payment by the due date indicated on your contract. All late accounts will be assessed a late fee of 2% per month. Scheduling is on a first come first served basis. We will place your centers)/city on the installation scheduleas soon as we receive your signed contract and payment. If you require a certificate of insurance naming your center/city as additionally insured, please include the $25.00 fee for the certificate as outlined in your contract, Article V. Please be sure to advise us of any special wording. When remitting payment, please include the account number that is located on the upper right corner of your contract. With the rising cost of energy in recent months, we understand the need for conservation. Should you decide not to install or would like to purchase new, unlighted decorations, please notify this office as soon as possible. This is also a good time to order replacement or additional product so that they will be ready for the 2001 holiday season. Please call our office should you have any questions regarding your account(s). We look forward to working with you again this year. Sincerely, The Jarvis Company Darlene, Darren, Dennis, Lisa 1145 2ND STREET, SUITE A — PMB 239 BRENTWOOD, CA 94513 PHONE: 925.516.0690 • FAX: 925.516.0270 Fpm,' W-9- ,..,,Request for Taxpayer - Give torn, to the (Rev. March 1994) identification Number and Certification requester. Do NOT o.parlm.01 of Inn Treasury send to the IRS. Infemal Revenge service Name (It loin( names, list first and circle the name of the person or entry, whose number you enter in Part I below. See Instructions on page 2 If your name has ch, ,yuu.) g Business name (Sole proprietors see instructions on page 2.) DDDL �17L ea Please check appropriate box: ❑ Individual/Sole proprietor W Corpomtlon ❑ Partnership ❑ Other ► ,•,,,,,„,„,,,,,„,„,,,,„,,„ . �n Address; (number. street, and apt, or suite no.) y...n 2— 39 Requester's name and addiess (optional) a 1(45- 2 S — IO City, stale. and ZIP rade r ,4 y5l Taxpayer Ido tification Number IN List account number(3) here (oicuona,j Enter your TIN In the appropriate box. For Individuals, this Is your social security number social aacurlty number ISSN). For sole proprietors, see the Instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a OR For Payees Exempt From Backup P p number, see How To Get a TIN below. Withholding (See Part II Note: It the account Is in more than one name, EmWoyLIr ideauncauon rwmbar instructions on pay= :' see the chart on page 2 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am wading for a number to be issued to me), And 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by if.,",arnal Revenue Service that i am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.—You must crow put item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting Interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For igage interest paid, the acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally payments other than interest and dividends, you are not required to sign the Codification, but you must provide your correct TIN. (Also see Part 111 Instructions on page 2.) Sign Here Section references are to the Internal Revenue Code. Purpose of form.—A person who Is required to file an Information return with the IRS must get your correct TIN to report income paid to you, real estate transactions, mortgage Interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 to give your correct TIN to the requester (the person requesting your TIN) and, when applicable, (1) to certify the TIN you are giving Is correct (or you are waiting for a number to be issued), (2) to certify you are not subject to backup withholding, or (3) to claim exemption from backup Nilhholding If you are an exempt payee. 3iving your correct TIN and making the appropriate certifications will prevent :attain payments from being subject to Backup withholding. Jote: If a requester gives you a form other hen a W-9 to request your TIN, you must ise the requester's form if it is substantially imilar to this Form W-9. Vhat is Backup Withholding?—Persons naking certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This Is called "backup withholding." Payments that could be subject to backup withholding Include Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return, your payments will not be subject to backup withholding. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, or 2. The IRS tells the requester that you fumishad an Incorrect TIN, or - 3. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 4. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reportable 17 Interest and dividend accounts op, after 1983 only), or 5. You do not certify your TIN. See the Part III Instructions for excec"^ n. Certain payees and payments are exempt from backup withholding and information reporting. See the Part 11, instructions and the separate Ins!, . ^ns for the Requester of Form W-9. How To Get a TIN. 1t you do not have a TIN, apply for one Immed :a',, . To apply. get Forth SS -5, Application fur � 3ocial Security Number Card (for Individuals), from your local office of the Social Security Administration, or Form SS -4, App'!,­ti:--^ for Employer Identification Numb,,, for businesses and all other entities), from your local IRS office. If you do not have a TIN. "Applied For" In the space for the TIN in Part 1, sign and date the form, and give it to the requester. Generally, you will then have 50 days to get a TIN and give it to !'- requester. If the requester does nuc receive your TIN within 60 days, backup withholding, if applicable, ”' begin and continue until you furnish y Form W--ri ,:,ay. 3-94)