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CONTRACT 6372 One Page Service Agreement CLOSEDAgreement No. 6372 CONTRACTOR: SMAX Entertainment LLC Services Agreement DATE MAILED:. 05/0212022 - - -- Below you will find a checklist relating to Insurance and other requirements that are required for doing business vrllh the City of El Segundo. Only those Items checked -oft ,are MANDATORY, however if your standard policies exceed the rnWmurn reqdkements please include. Commeroial general liablifty Insurance must meet or exceed the requirements of ISO-CGL Form No, CG 00 011185 or 88. The amount of insurance set forth below will be a combined single Bruit 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 Insuredf"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 subjectto 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. ® Com reensfwe mineral iabllt , including coverage for premises, products and completed operatlons, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least JJQL0,000 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® 1000 000 per occurrence. ❑ 100 QL 0�18�0peroccurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® orders" Compensation Ins ante, as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ❑ Business License: The CONTRACTOR shalt agree to have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to the City). ❑ hermits: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services Department If appropriate. Call the Building Manager @ (310) 524-2345 if you have questions. ❑ Copy of vafrd pLumI.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 AUTHORIZWG COMMENCEMENT OF WORK FOR THE CITY, §Amitted-tw&mnlete all blanksh COLOR COPY REQUIRED BACK TO THE CITY Company Name: By (Print name S fit ): SMAXEntertainment LLC Ctartstia Si onslproducer Company Street Address: Ve s fho " d Signature required: 46 Vigo De0a Luna City, State, Zip, I g Henderson NV, 89011 12022 Phone: FAX: 615 403.6' '1'5 Vendor's Email address: chftt n@nLXrr°nt,rx�rn Mail original agreement and insurance to: City of © Segundo— City Clerk 350 Main Street, Room 5, Et Segundo, CA 90245-3813 OthatorlDep DepartmentHo Finance Appm City Manager: SMAX Entertainment LLC 5r2n2 Agreement No. 6372 1.GENERALLY. The materials, supplies, or services (c^ollect'iveiy„ B.PA"YME'NT. City well pay Seller after receiving acceptable invoices for 'Purchase) covered by this services agreement and purchase order materials and supplies delivered and accepted or services rendered and ("order') must be furnished by 'Salter 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 wlII not be honored. agrees to be bound by and comply with in all particulars. No other terms B.tNDEMNIEICATION. Seller agrees to indemnity and hold City or conditions are binding upon the parties unless subsequently agreed to harmless from and aga'cnst any claim, action„ damages, costs (including, in writing. tw duen acceptance or shipment of ali or arty portion of the without limdation, attorney's fees), injures, 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 terms and conditions in this order. The terms of any proposal referred to any suit, or should any claim be brought against it by suit or otherwise, in this order are included and made a part of the order orgy to the extent 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, Sailer 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, Ear 2.1NSPECTION, The Purchase furnished must be exactly as specified in purposes of this section 'City' includes City's officers, elected officials, this orders free from all detects in Sellers performance, design, and employees. It is expressly understood and agreed that the workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places, If, before foregoing provisions will survive termination of this order. The 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 wiithouI charge, or not intended to and will not in any mariner 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 indemnificalion. items within a time deemed reasonable by City, City may terminate the 10.WARRANTY. Seller agrees that the Purchase is cowered by the order in whole or in part. Seller bears all risks as to rejected Purchases most favorable commerdal warranties tile, 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 warranfies as is specified in this order. Warranties will ' transportation oasts, 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, 9 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 well be considered Seller's agent. notice to Seller and subsequently confiirming, 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, state, and local taws, for performing this order„ Any claim by Seller for an adjustment under this section must be made 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller in waiting within thirty (30) days from the date of receipt by Seller of will act as an independent contractor and will have control of aff work notificalion of such change unless City waives this condition in writing, and the manner in which is it performed. Seller will be free to contract Nothing in this section excuses Seller from proceeding with performance for similar service to be performed for oilier employers while under of the order as changed, contract with City, Seller is not an agent or employee of City and Is not 4. TERMINATION. City may terminate this order at any time, either entitled to participate in any pension plan,, insurance, Bonus of similar verbally or in writing, with or without cause. Should termination occur, benefits City provides for its employees. Any provision in this order Ihat City will pay Seller as full performance until such termination the unit or may appear to give City the right to direct Seller as to the details of doing pro rata order price for the performed and accepted portion of the the work or to exercise a measure of control over the work means that Purchase. City may provide written notice of termination for Seller's Seller will follow the direction of the City as to end results of the work default if Seller refuses or fails to comply with this order. If Seller does only. not cure such failure within a reasonable time period, or fails to perform 15.WAIVER. City's review or acceptance of, or payment for, work the Purchase within the time specified (or allowed by extension), Seller product prepared by Seller under this order will not be construed to will be liable to City for any excess costs incurred by City. operate as a waiver of any rights City may have under this Agreement or 5.TIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Sellers performance, A waiver by City's sole determination, Seller was delayed Because of causes beyond City of any breach of any term, covenant, or condition contained in this Seller's control and without Seller's fault or negligence. In the event order will not be deemed to be a waiver of any subsequent breach of the delay was caused by City, Seller's sole remedy is limited to recovering same or any other term, covenant, or condition contained in this order, money actually and necessarily expended by Seller because of the whether of the same or different character. delay; there is no right to recover anticipated profit. %INTERPRETATION. This Agreement was drafted in, and will be 6.REMEDIES CUMULATIVE. City's rights and remedies under this order construed In accordance with the laws of the State of California, and are not exclusive and are in addition to any rights and remedies provided exclusive venue for any action involving this agreement will be in Los by law. Angeles County. 7.TiTLE. Title to materials and supplies purchased under this order pass dtreclly from Seller to City upon City's written acceptance following an actual inspection and CRVs opoortunity to reieot. SMAX Entertainment LLC 512122 Agreement No. 6372 City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT "A" — SCOPE OF SERVICES Smax Entertainment LLC agrees to provide entertainment services for City of El Segundo's Summer Concerts in the Park 2022. 0 Location: Library Park 0 Hours: 4:00pm-7:00pm Date: Sunday, June 19, 2022 Sunday, June 26, 2022 Sunday, July 10, 2022 Sunday, July 24, 2022 Sunday, August 7, 2022 Thee Champagne Band'Motown/R&B' $4,000 Britains Finest'Top Beatle Tribute show $4,000 Selena Tribute $2,500 Rod Stewart Tribute Show $1,500 Boogie Star 70's Show $500 $max Entertainment LLC agrees to provide entertainment services for City of El Segundo's Fourth of July Celebration 2022. • Location: Recreation Park • Hours: 6:00pm-9:00pm Sunday, July 4, 2022 Private Eyes 'Hall & Oats Show' along wNacht Rock tunes $500 0 City of El Segundo agrees to provide power and stage. IMa City agrees to pay Smax Entertainment LLC to provide entertainment services a sum of: $13,000.00 o (Thirteen Thousand dollars) SMAX Entertainment LLC 5/2/22