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CONTRACT 6097 Vender Agreement CLOSEDAgreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26"' — Friday, April 30"' 2021 Monday, May 10"' — Friday, May 14"', 2021 EVENT SPACE AGREEMENT FOR AUTOMOBILE DRIVING MUSEUM (THE A THIS AGREEMENT (the "Agreement"), made as of this 23rd day of April, 2021 is by and between the ADM, whose business address is 610 Lairport Street, El Segundo, California 90245 and the All -Hazards Incident Management Team AIIIMT City of El Segundo (the "User," and collectively, the "Parties"). WHEREAS, User wishes to use the ADM's space for the L-967 Logistics Section Chiefs Course and L950 Incident Commanders Leadership Course (The Events). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. The ADM hereby grants to User a limited and revocable license (the "License") to use the following space: Packard Ballroom (the "Space"). The License pen -nits The User to use the Space only on the Event Dates, during the hours specified below, and only for the purposes set forth in this Agreement. There is a $250 cleaning fee for each event. 2. Event Date. The Events shall be held Monday, April 26th, 2021 through Friday, April 30th, 2021 and Moridgy, May 10th, 2.021 through Friday, Mayl4th, 2021 (the "Event Dates"), between the hours 7 AM and 5PM. The User must not use the Space at any time other than during these hours on the Event Dates, unless User receives prior written pennission from the ADM. If additional hours are requested the evening of the event payment is due immediately. If the event time is extended either on the front end or the back end the day of the event by more than 30 minutes, then the ADM has the right to charge the additional time to the credit card on file. 3. Suggested Donation Pledge. User shall pay to the ADM a total suggested donation pledge of $5 500 includes $250 cleaning Fee. (the "Suggested donation pledge") for the use of the Space. Included in the total Suggested donation pledge shall be a deposit of $0.00 (the "Deposit"), which must be paid to the ADM upon the execution of this Agreement. The ADM shall have no obligations under this Agreement until the Deposit is paid in full. The remainder Agreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26`h — Friday, April 30" 2021 Monday, May l 0'' — Friday, May 101, 2021 of the total Suggested donation pledge is due in full within 30 days after use of the Space (the "Payment Due Date"). 4. Insurance Requirements. All clients must provide General Liability Insurance with minimum limits of $1,000,000.00 per occurrence naming ADM as Additional Insured and Certificate Holder. All caterers and other vendors providing services at the event must also provide a hard copy of Certificates of Insurance indicating evidence of the following coverage: a. Worker's Compensation is required for all employees working the Event. If Volunteers are used; the policy should also extend coverage to those Volunteers. b. General Liability Insurance with minimum limits of $1,000,000.00 per occurrence with ADM being named as Additional Insured and Certificate Holder c. In the event that alcoholic beverages are being served, Liquor Law Liability in the amount of $1,000,000.00 needs to be provided. d. The User is responsible for obtaining and having proof of all appropriate permits and insurance for the type of event. e. The Caterer must provide a current, valid operating license as well as a current form of Identification. f. Food and Alcohol are not permitted on the Museum floor until after 4pm, Alcohol may not be served until 4pm, unless The ADM is closed specifically for the event. g. Last call will be announced by the DJ no later than 15 minutes prior the event ending time and the bar will be closed at the event ending time. We do not allow liquor shots at any time on the museum premise. h. Vendors and hosts have 1 hour to clean up and pack all equipment after the event time ends. There is a 15 minute grace period; if the vendors or the host are still on premise after that, a $500 charge will be invoiced to the credit card on file. 5, Cancellation Policy: - Any event cancelled 60 days prior to the contracted date is entitled to a full refund of all payments, minus 50% of the deposit.* - Any event cancelled 30 days prior to the contracted date is entitled to a full refund of all payments, minus the full deposit.* - Any event cancelled within 14 days of the contracted date forfeits all monies paid, including deposit. Events may be rescheduled one time, if notified 60 days prior to the contracted date to transfer a paid deposit. The new event date must be within 12 months of the original date. 6. - Condition of Premises. The Kids Zone: Hosts are permitted to use the Kids Zone. The hosts or event guests are responsible for monitoring any children in that space. The ADM will provide limited furniture and toys. If anything is damaged during an event, there will be a $50 damage fee assessed. Hosts are welcome to provide their own toys if they prefer. - The ADM shall make the Space included to the following specifications by the Event Date: 111111,111 2111,11") Agreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26w — Friday, April 30`h 2021 Monday, May 10'h — Friday, May 14a', 2021 Aside from the items detailed, the Space shall be provided as -is, and the ADM makes no warranty to User regarding the suitability of the Space for User's intended use. User shall leave the Space in the same or similar condition as when User entered. User shall be responsible for any damage caused to the Space beyond ordinary wear and tear. User shall reimburse the ADM for any such repairs within 30 days of receipt of the ADM written request for reimbursement, which request shall be accompanied by written verification of the amount of the expenses incurred. 7. Photos and Videos are permitted in the ADM. The ADM reserves the right and User grants to the ADM a non-exclusive license to utilize all photos and videos taken during your Event for promotional use. 8. All Decorations must be flameproof and free standing and are subject to approval by the ADM. Banners or signs may be attached to the walls inside or outside of the facility if approved by the ADM. Birdseed, rice, confetti, glitter, or any loose decoration may not be used in the Space or in the ADM parking lot. Open flames are not allowed in the Space. If anything NOT permitted is used, and not properly cleaned up, then the host or vendor responsible may be charged a fee. 9. Pursuant to State laws, the ADM has adopted a smoke -free policy in all parts of the Facilities. The User shall instruct all guests of the smoke -free policy. 10. Additional Services. The ADM shall provide to User the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 11. Right of Entry. The ADM shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to the ADM property, or injury to any person in or near the Space. 12. Indemnification. User hereby indemnifies and holds hannless the ADM, its employees, officers, and directors from any damages, actions, suits, claims, or other costs (including reasonable attorneys' fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by User's use of the Space, including any acts or omissions on the part of User, its employees, officers, directors, independent contractors, or other agents, but, for the purpose of clarity, not for such injuries or property damage caused by the ADM, its agents or employees. User shall notify the ADM of any damage or injury of which it has knowledge in, to, or near the Space, regardless of the cause of such damage or injury. 13. Permitted Use. User is authorized pursuant to the License to use the Space to hold the Events, and for no other purpose, unless the ADM gives User prior written authorization for additional permitted uses. User may not use the Space in any manner that may render the insurance for the Space or upon any of the ADM's property void, or which may result in Agreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26"' — Friday, April 30"' 2021 Monday, May 10"' — Friday, May 10, 2021 increased insurance premiums for the ADM with respect to the Space or any other of the ADM property. 14. Compliance with Laws. User shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Space according to the permitted uses set forth in Section 12 in a lawful manner. User shall not use the Space in any manner that would violate local, state or federal laws or regulations. User hereby indemnifies the ADM, its employees, officers, directors, or other agents for any damages, penalties, fines, suits, actions, or other costs (including reasonable attorneys' suggested donation pledge s) arising out of or in connection with User's violation of any local, state or federal law, rule, regulation or ordinance related to User's use of the Space. 15. Force Majeure. In the event that the ADM is unable, for reasons beyond its control, to make the Space available to User on the Event Date for the purposes as set forth in this Agreement, User shall have the option of choosing an alternate date to hold the Event (the "Alternate Event Date"), at no extra charge to User. If User selects an Alternate Event Date that is reasonably acceptable to the ADM, then the Alternate Event Date shall replace the Event Date for the purposes of this Agreement, and all obligations, rights, duties and privileges as set forth in this Agreement shall remain binding on the Parties. If User and the ADM cannot agree upon an Alternate Event Date within 30 days of the original Event Date, then the ADM shall refund to User the full amount of the Suggested donation pledge (including the entire Deposit). In neither case shall the ADM be liable for any additional costs or damages suffered by User (over and above the Suggested donation pledge) arising out of a rescheduling or cancellation of the Event pursuant to this Section 14. 16. Revocation. The ADM shall have the right to revoke the License at any time prior to the Event Date, provided it gives User least 30 days prior written notice in advance of revocation. In the event that the ADM revokes the License prior to the Event for reasons other than nonpayment of Suggested donation pledge s or breach of this Agreement by User, the ADM shall refund to User the full amount paid by User in connection with this Agreement, including the entire Deposit. 17. Assignment. Neither Party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other Party. 18. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of California without regard to conflicts of law principles. 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. 20. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, Agreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26"' — Friday, April 30`h 2021 Monday, May 1 Oa' — Friday, May 14"', 2021 and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 21. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: If to User: City of El Segundo Fire De artment 314 Main Street El Segundo, CA 90245 Attention: Carol Lynn Urner If to The ADM: Automobile Driving Museum 610 Lairport St. El Segundo, CA 90245 Attention: Marisol Rios 22. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 23. Entire Agreement. This Agreement constitutes the entire agreement between User and the ADM, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. The User Signature' V Barbara Voss, Deputy City Manager for Fire Chief Donovan Print Name turner else undo.or Email 310-524-2235 Phone # Automobile Si Print Name Date .17 Date 610 Lairport St El Segundo, CA 90245 q-�d -24 Agreement No. 6097 Contract #: 210425 Event Dates: Monday, April 26`h — Friday, April 30th 2021 Monday, May l 01h — Friday, May 14`h, 2021 Schedule A ADDITIONAL SERVICES ADM to provide: Up to (50) black vinyl and metal banquet chairs Up to (8) 8' banquet Tables Up to (35) 6' banquet Tables Access to the Ballroom at 7:30AM on the days of the events Access to the Museum Floor at 12:OOPM on the day of the events Access to the Ice Cream Parlor at 12:OOPM on the day of the events The ADM is not responsible for items left unattended during that time. 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