CONTRACT 5824 One Page Service Agreement CLOSEDAgreement No. 5824
Services Agreement
CONTRACTOR: Hot Peppers Production DATE MAILED: 11/18/19
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
Segundo, Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of I80 -CGL Form No. CG 00 01 11 85 or
B8. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions an the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Cornorehensive General Liabilitv,, including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1.000.000 per occurrence.
❑ Auto Liabilitv, including owned, non -owned and hired vehicles with at least:
❑ $1.000.000 per occurrence.
❑ $100.000.300.000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Comoensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License: The CONTRACTOR shall agree to have a current City of EI Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services
Department if appropriate. Cali the Building Manager @ (310) 524-2345 if you have questions.
❑
—Copy of valid picture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
submitted by Icomolete all blanksl: COLOR COPY REQUIRED BACK TO THE CITY
Hot Peppers: By ( 41 r1 N o e).
Company Natne: Print name S tilt
p .. �r^r� � � �t
Company
rs Productions Al,�"(
y Street Address: 'Vern orys Authpnzed' Si natur ruired
40170 Stowe Road w. "��;
II City, State,Zip: Date signed:
Temecula, CA 92591
It—
Phone:
1—Phone FAX:
(951)491-0480
Vendors Email ad'd'ress: �-
inloahotp9p.00m
Mail original agreement and insurance to: City of EI Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90245.3813
0rl9in6lor1De0a6ment Contact: Ryon Delg do A Date initialed:
Department Head Approval: Dale Approved:
FnanceApproval: Date Approved,�a'" d
cc: Business License; city, ci ;Purchasing Agent; Requesting Dept. name - rr
T w
APF °0 TO FORM:
ATT
Peppers . R 11/18/19 o
C tyji
City of EI Segundo
Agreement No. 5824
1.GENERALLY. The materials, supplies, or services (collectively, City p acceptable invoices for
Purchase") covered by this servicesagreementand purchase order
materials and supplies es delivered andeaccepted o
pp or services rendered and
("order") must be furnished by Seller subject to all the terms and
accepted. City will not pay cartage, shipping, packaging or boxing
conditions contained in this order which Seller, in accepting this order,
expenses unless specified in this order. Drafts will not be honored,
agrees to be bound by and comply with in all particulars. No other terms
9.I1NDEMNIFICATION. Seiler agrees to indemnify and hold City
or conditions are binding upon the parties unless subsequently agreed to
harmless from and against any claim, action, damages, costs (including,
in writing. Written acceptance or shipment of all or any portion of the
without limitation, adomey's fees), injuries, or liability, arising out of the
Purchase covered by this order constitutes unqualified acceptance of all
Purchase or the order, or their performance. Should City be named in
arms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
it specified the Purchase ordered, the price, and the delivery, and then
order, or their performance, Seller will defend City (at City's request and
only to the extent that such terms are consistent with the terms and
with counsel satisfactory to City) and indemnify City for any judgment
conditions of this order.
rendered against it or any sums paid out in settlement or otherwise. For
2.INSPECTION. The Purchase furnished must be exactly as specified in
purposes of this section "City" includes City's officers, elected officials,
this order, free from all defects in Seller's performance, design,
and employees. It is expressly understood and agreed that the
workmanship, and materials, and, except as otherwise provided, is
foregoing provisions will survive termination of this order. The
subject to inspection and test by City at all times and places. If, before
requirements as to the types and limits of insurance coverage to be
final acceptance, any any Purchase is found to be incomplete, or not as
maintained by Seller, and any approval of such insurance by City, are
specified, City may reject it, require Seller to correct it without charge, or
not intended to and will not in any manner limit or qualify the liabilities
require delivery of such Purchase at a reduction in price that is equitable
and obligations otherwise assumed by Seller pursuant to this order,
under the circumstances. If seller is unable or refuses to correct such
including, without limitation, to the provisions concerning indemnification.
items within a time deemed reasonable by City, City may terminate the
10,WARRANTY, Sellar agrees that the Purchase is covered by the
order in whole or in part. Seller bears all risks as to rejected Purchases
most favorable commercial warranties the Seller gives to any customer
and, in addition to any costs for which Seller may become liable to City
for the same or substantially similar supplies or services, or such other
under other provisions of this order, must reimburse City for all
more favorable warranties as is specified in this order, Warranties will
transportation costs, other related costs incurred, or payments to Seller
be effective notwithstanding any inspection or acceptance of the
in accordance with the terms of this order for unaccepted Purchases.
Purchase by City.
Notwithstanding 'City's acceptance of any Purchase, Seller is liable for
11.ASSIGNMENT. City may assign this order. Except as to any
latent defects, fraud, or such gross mistakes as constitute fraud.
payment due under this order„ Seller may not assign or subcontract the
3.CHANGES. City may make changes within the general scope of this
order without City's written approval. Should City give consent, it will not
order in drawings and specifications for specially manufactured supplies,
relieve Seller from any obligations under this order and any transferee or
place of delivery, method of shipment or packing of the order by giving
subcontractor will be considered Seller's agent.
notice to Seller and subsequently confirming such changes in writing. If
12.INSURANCE. Seller must provide the insurance indicated on the
such changes affect the cost of or the time required for performance of
face sheet of this Services Agreement,
this order, an equitable adjustment in the price or delivery or both must
13.PERMITS. Seller must procure all necessary permits and licenses,
be made. No change by Seller is allowed without City's written approval.
and abide by all federal, stale, and local laws, for performing this order.
Any claim by Seller for an adjustment under this section must be made
14.INDEPENDENT CONTRACTOR, City, Seller and Performers
in writing within thirty (30) days from the date of receipt by Seller of
provided by Seller will act as independent contractors and will have
notification of such change unless City waives this condition in writing.
control of all work and the manner in which each performs
Nothing in this section excuses Seller from proceeding with performance
independently. Seller will be free to contract for similar service to be
of the order as changed.
performed for other employers while under contract with City. Seller is
4. TERMINATION. City may terminate this order at any time, either
not an agent or employee of City and is not entitled to participate in any
verbally or in writing, with or without cause. Should termination occur,
pension plan, insurance, bonus or similar benefits City provides for its
City will pay Seller 50% of full amount. City may provide written notice of
employees. Any provision in this order that may appear to give City the
termination for Seller's default If Seller refuses or fails to comply with this
right to direct Seller as to the details of doing the work or to exercise a
order. If Seller does not cure such failure within a reasonable time
measure of control over the work means that Sealer will follow the
period, or fails to perform the Purchase within the time specified (or
direction of the City as to end results of the work only.
allowed by extension), Seller will be liable to City for any excess costs
15.WAIVER, City's review or acceptance of, or payment for, work
incurred by City.
product prepared by Seiler under this order will not be construed to
5"TIME EXTENSION, City may extend the time for completion if, in
operate as a waiver of any rights City may have under this Agreement or
City's sole determination, Seller was delayed because of causes beyond
of any cause of action arising from Seller's performance. A waiver by
Seller's control and without Seller's fault or negligence. In the event
City of any breach of any term, covenant, or condition contained in this
delay was caused by City, Seller's sole remedy is limited to recovering
order will not be deemed to be a waiver of any subsequent breach of the
money actually and necessarily expended by Seller because of the
same or any other term, covenant, or condition contained in this order,
delay; there is no right to recover anticipated profit,
whether of the same or different character.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
%INTERPRETATION, This Agreement was drafted in, and will be
are not exclusive and are in addition to any rights and remedies provided
construed in accordance with the laws of the State of California, and
by law.
exclusive venue for any action involving this agreement will be in Los
7.TITLE. Title to materials and supplies purchased under this order
Angeles County,
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
Hot Peppers 11/18118
Agreement No. 5824
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo CA 90245
EXHIBIT "A" — SCOPE OF SERVICES
HOT PEPPERS agrees to provide a Christmas Carolers for the City of EI Segundo's 2019 Tree Lighting Event;
• Location: Main St. EI Segundo
• Event Date: December 5, 2019
• Arrival Time: Between 4:44pm-5:OOpm
• Performance Time: 5:OOpm-5:30pm and 5:45pm-6:45pm
• Any changes to dates and times will require approval from Recreation & Parks Department.
City agrees to pay HOT PEPPERS for Christmas Carolers a sum of nine hundred fifty two dollars.
($952.00)
Hot Peppers 11/18/19