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CONTRACT 6274 One Page Service Agreement CLOSEDAgreement No. 6274
Services Agreement
CONTRACTOR: Elite Special Event DATE MAILED:, _.2 9-
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo, Only those items checked -off are MANDATORY, however it your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of 130-CGL Form No. CG 00 01 1185 or
08, 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
insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such chat 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.
® gorn rth&asive General Uatiifity, 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 Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence,
❑ S 100.000.300.090 per occurrence.
❑ As required by Slate Statutes- A copy of your current policy must be submitted naming yourself and or your company.
® y orkers' Compensp&_IUM[Angff as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ u in LL ense. The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (al no cost to the City) -
Permits: Plans must be approved and permit(s) issued (no iee) by the Community, Economic and Development Services
Department if appropriate. Call the Building Manager @ (310) 524-2345 if you have questions-
❑ Coca o� 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 MANAGERfPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY,
S bmilled complele all blanl*;s : (;OL•-)R COPY REQUIRED SACV TO THE Ci i Y
Mail original agreement and insurance to: City of El Segundo— City Clerk om 5, El Segundo, CA 90245.3813
OriginatedDeparlment Contact: Avan, Di fair
� Dale iniliaied:a-a--
Department Head Approval: ` _ Date Approved: Z ZZ
2-16-22
Finance Approval:Dale Approved:
cc: Business License; City Clerk; Purchasing Agent; Relluesrmg Dept, name
Elite Special Events Sendces Agreement
AP.PROVED AS TO FORM:
- — - - -
CITY AJ'[0R1VEY m
ATTEST:
214122
fy cI
City of El Segundo
Agreement No. 6274
1.GENERALLY, The materials, supplies. or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order"] must be furnished by Seffer 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 aR particulars. No other terms
p 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
i' 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.
2ANSPECTION, 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 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, Co 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 'I
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 mantrfactured supplies,,
place of delivery„ method of shipment or packing of lite order by giving l
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 frorn the date of receipt by Seller of
notification of such change unless City waives Mis condition in writing.
No(hing 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 Sellers
default if Seller refuses or fails to comply with (his 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.T1ME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seiler 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 fimiled 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 taw.
TTITLE_ Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual insoechrin and City's 000alunity to aeiect.
Elite Special Events Services Agreement
8 PAYMENT. City will pay Seller after recervarwg acceptable invoices fo
materials and supplies delivered and accepted or services rendered anc
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Crafts will not be honored,
S.INDF-MNIFICAT'ION. Setter agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
withoul limitation, attorneys fees), injuries, or liability, arisino out of the
Purchase or the order, or their performance. Should City be named in
any suit, or shouldany 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 Chy (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against ft 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 lemlinal'ion of this order. The
requirements as to the types and limits of insurance coverage to by
maintained by Seller, ,and any approve of such insurance by City, are
not intended to and will not in any manner limit of qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this orders,
including, Mftut limitation, to the provisions concerning indemnification.
10RARRANT'y, 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.
l .ASSIGNMENT. City may assign thls order. Except as to any
lament due under this order„ Setter may not assign or subcontract the
over without City's written approval. Should City give consent, it will not.
relieve Seller from any obligations under this order and any transferee or
suboonliacl'or will be considered Seller's agent.
12ANSURANCE. Seller must ,provide the insurance indicated an the
face sheet of this Services Agreement.
13YERMR S. Seller arlust procure all necessary p-ermits and licenses,
and abide by all federal, state, and local lawns„ for pertorming Ibis order..
14.INDEPENDENT CONTRACTOk City and Seller agree Ittat Seller
will act as an independent contractor and will have control of all worts
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 wilh 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 ansing froin Seller's performance, A waiver by
City of any breach of any term, cxrvenant, 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.
2v4r22
Agreement No. 6274
City of Ell Segundo
Recreation and Parks Department
401 Sheldon Street
El Segundo CA 90245
r
ELITE SPECIAL EVENTS, INC. agrees to provide games and entertainment for The City of El Segundds
Hometown Fair on May 7, 2022,
City Agrees to pay the contractor a of total six thousand two hundred dollars (;$6,200) with a deposit of three
thousand one hundred ($3,100).
Ellie Special Events Services Agreamenl 214/22