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HomeMy WebLinkAbout2008 CON Tallal / CommCinema - Amendment Outdoor Movie ScreeningsAMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TALLAL, INC. DBA COMMUNITY CINEMA CONSULTANTS (COMMCINEMA) This Amendment to Agreement is entered into this 10th day of July, 2008, by and between the City of National City, a municipal corporation ("the CITY"), and CommCinema (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on June 9, 2008, ("the Agreement") wherein the CONTRACTOR agreed to provide services related to movie screenings in public parks. B. The parties desire to amend the Agreement to expand the Scope of Work by adding a movie screening at Las Palmas Park - Municipal Swimming Pool on August 5, 2008, at the cost of $1,599.00. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 9, 2008, shall be amended to expand the Scope of Work by adding a movie screening at Las Palmas Park - Municipal Swimming Pool on August 5, 2008, at the cost of $1,599.00, as set forth in the attached Exhibit "B", which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 9, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF plATIONAL CITY 1 By: hris , City Manager APPROVED AS TO FORM: RP George H. Eiser, III City Attorney TALLAL INC, DBA COMMCINEMA By: Scott Tallal, President EXHIBIT "B" This Exhibit is attached as an addendum to the agreement dated June 9, 2008 between the City of National City, California ("Customer") and Tallal, Inc. of Malibu, California (dba CommCinema). The terms of this Exhibit are as follows: 1. On bchalfofCustomer, CommCinema will provide all equipment and labor required for an outdoor movie screening to be held at Customer's venue on August 5, 2008. Equipment and labor specifications are as follows: A large widescreen-format projection screen. A high definition, high brightness digital video projector custom calibrated for theatrical exhibition. A digital media player capable ofupscaling standard definition DVD content for high definition display. Full -range multi -channel sel f-ampli tied speakers. Public address system, microphone. and audio mixer for pre -show announcements and entertainment. All equipment support and cables required for audio and video interconnects for the entire system. All labor required for the set-up, operation, and teardown of the outdoor screening system. CommCinema agrees to provide all of these services on behalf of Customer in a careful and safe manner, and to add Customer as a named insured to its general liability coverage policy. 2. Customer agrees to provide the following at its own expense: Access to the venue and on -site assistance from Customer's personnel for crowd monitoring and control. All necessary permits and variances required for the venue for the outdoor screening. All required outlets and extension cords required to deliver 110v power to all audio and video equipment to be operated by CommCinema at the screening. Event staffing for all services not provided by CommCinema. On -site security as desired by Customer. Promotion and advertising of the outdoor screening as desired by Customer. One copy of the DVD to be shown at the screening, fully licensed for outdoor exhibition by Customer. Customer further agrees to abide by all conditions and requirements of the content licensing agreements. 3. CommCinema agrees to consult with Customer on film selection and further agrees to advise Customer on the licensing, management, promotion, marketing and sponsorship of the outdoor screening. 4. For the services described herein, Customer agrees to pay CommCinema a fee of $1,599, which is due and payable immediately upon the acceptance of the invoice attached to this exhibit. All invoices and outstanding balances more than thirty (30) days past due will bear interest at a rate of one percent (1 %) per month on the unpaid balance, plus a late billing fee of fiften dollars ($15.00) per month. In the event of default on payment of invoices presented to Customer by CommCinema, Customer agrees to reimburse CommCinema for any and all direct and indirect legal expenses which may be required to seek judgment for and enforcement of collection on any unpaid amounts owed by Customer to CommCinema. 5. In the event ofhigh winds, inclement weather, or any other unforeseen occurence on the day of the planned screening, Customer and CommCinema reserve the right to reschedule that screening for another mutually agreed upon date prior to October 30, 2008. City of National City Office of the City Clerk 1243 National City Blvd. National City, CA 91950-4397 619-336-4228 619-336-4229 fax TALLAL, INC. / COMMCINEMA AMENDMENT TO AGREEMENT Provide Outdoor Movie Screenings Rudy Lopez (Neighborhood Services) forwarded Copy of the Contract to the Vendor