CONTRACT 5881 One Page Service Agreement CLOSEDAgreement No. 5881
Services Agreement
CONTRACTOR: Richard Woloski, Hey Hey Entertainment DATE MAILED: 31 020
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 ISO -CGL Form No. CG 20 10 11 85 or
equivalent. 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 on the reverse side of this Services Agreement. This is not a purchase order or
an authorization to begin work.
Comorehensive i"eneralLiabiltw, 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,DOQ per occurrence.
As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
2&�qrs' Compensation Insurance: as required by State Statutes with Waiver of Subrooafion. (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 Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
Coov of valid oicture 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 PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted by (comolete all blanksj: COLOR COPY REQUIRED BACKTO THE CITY 4
Company Name:_ By (Print name & title):
17)
Hey Hey Entertainment Richard Woloski, Owner
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Company Street Address:
3441 Faust Ave.
City, State, Zip:
Long Beach, CA 90808
Phone:
(562)420-1905
Vendor's Email address:
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Vendor's Authorized Signature required:
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Date signed:
2/24/2020
FAX:
Not since 2002
Vendor's Web site:
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Mail original agreement and ins , nce to: City of E , egundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90245.3813
Originator/Department Contact: Date dnitiated.
Department Head Ap,prov : Date Approved:
Finance Approval: ' Dane Approved:
cc: Business License; City Clerk; urchasing Agent; Requesting Dept. name
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Nd CC)
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I.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other
terms or conditions are binding upon the parties unless subsequently
agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified
acceptance of all terms 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 it specified the Purchase ordered, the price, and
the delivery, and then only to the extent that such terms are consistent
with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified
in this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is
equitable under the circumstances. If seller is unable or refuses to
correct such items within a time deemed reasonable by City, City may
terminate the order in whole or in part. Seller bears all risks as to
rejected Purchases and, in addition to any costs for which Seller may
become liable to City under other provisions of this order, must
reimburse City for all transportation costs, other related costs incurred,
or payments to Seller in accordance with the terms of this order for
unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Seller is liable for latent defects, fraud, or such gross
mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured
supplies, place of delivery, method of shipment or packing of the order
by giving notice to Seller and subsequently confirming such changes in
writing. If such changes affect the cost of or the time required for
performance of this order, an equitable adjustment in the price or
delivery or both must be made. No change by Seller is allowed without
City's written approval. Any claim by Seller for an adjustment under this
section must be made in writing within thirty (30) days from the date of
receipt by Seller of notification of such change unless City waives this
condition in writing. Nothing in this section excuses Seller from
proceeding with performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes
beyond Seller's control and without Seller's fault or negligence. In the
event delay was caused by City, Seller's sole remedy is limited to
recovering money actually and necessarily expended by Seller because
of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this
order are not exclusive and are in addition to any rights and remedies
provided by law.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
Agreement No. 5881
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered
and accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs
(including, without limitation, attorney's fees), injuries, or liability, arising
out of the Purchase or the order, or their performance. Should City be
named in 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 order, or their performance, Seller will defend City (at City's
request and with counsel satisfactory to City) and indemnify City for any
judgment rendered against it or any sums paid out in settlement or
otherwise. For purposes of this section "City" includes City's officers,
elected officials, and employees. It is expressly understood and agreed
that the foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will
not relieve Seller from any obligations under this order and any
transferee or subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract
for similar service to be performed for other employers while under
contract with City. Seller is not an agent or employee of City and is not
entitled to participate in any pension plan, insurance, bonus or similar
benefits City provides for its employees. Any provision in this order that
may appear to give City the right to direct Seller as to the details of
doing the work or to exercise a measure of control over the work means
that Seller will follow the direction of the City as to end results of the
work only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement
or of any cause of action arising from Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained in this
order, whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County.
_(1) Page Services Agreement with check boxes.doc 8/28/19
Agreement No. 5881
Hey Hey Entertainment
3441 Faust Ave.
Long Beach, Ca 90808
(562)420-1905 (562)684-0446fax
BOOKING CONFIRMATION
& INVOICE
Date of Show: 6/18/20 Start Time (± 15 min): 3:OOpm End Time: 4:00pm
Contact Name: Kristen Morell Address:
Home Phone: Work Phone:
Party Address: EI Segundo Public Library
111 W. Mariposa Ave.
EI Segundo
Party Phone: 310 524-2722
Guest of Honor: Age: #Children: #Adults:
Service Ordered: Dig Dug Puppet/Magic Show
Total Amount: $365.00 Minimum Deposit Required: $0.00
Deposit Received: $0.00 Balance Due: $365.00
Please make checks payable to
Hey Hey Entertainment
3441 Faust Ave.
Long Beach, Ca 90808
Thank You