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CONTRACT 6553 One Page Service Agreement CLOSEDAgreement No. 6553 CONTRACTOR: Pica Party Services Agreement DATE MAILED: 11/22/2022 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 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 00 01 11 85 or 88. 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. ® Comprehensive General Liability: 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. ❑ 1 0 0,000, per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Porkers" Corriggnsation. lnsurance as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to ibis effect.) ❑ Bu§iness License: The CONTRACTOR shall 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). ❑ Permits: 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. Cl CWy of valid PicWfLLD., (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. Sub ill V rMomolele all bl nks�: COLOR COPY REQUIRED BACK TO THE CITY Company Name: Pico Part By, P(Print 0 ^b StreetColmpany qd A lure " d: s ' utho d iig req21 4646 E. LosAngeles Ave. City, State, Zip: Simi Valley, CA 3063 Ua b signed: Phone: FAX: Z 310 275 - 9431 Vendor's Email address: rome ico art yev�ents.corn fil.✓� r W „i 9�pp�:„� l ! l jcr y j I' I gp l�. V Mail original agreement and insurance tor. '' PlSequ�ndo—�Clerk750Main�Streetoom 5, El Segundo, A 90245.3813 OriginalodDeparlment Contacl: Date initiated: `'. 3 :' ( -?-N -L- L Department Head Approval: ✓"" Date Approved: Finance Approval City Manager: ,T,,, Pico Party 111n22 Agreement No. 6553 1,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. B.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. TTITLE. 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 Cittis opportunity to relect, B,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, (hafts will not be honored. 9.INDEMNIFICATION. Seller agrees to indemnify and hold City harm=.ess 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 Stale of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. Pico Pany 11/22122 Agreement No. 6553 City of El Segundo Recreation, Parks and Library Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT "A" — SCOPE OF SERVICES Pico Party agrees to provide tables, chairs, and various equipment for the City of El Segundo's Joy Around the World Event. Any changes to dates and times will require approval from Recreation, Parks and Library Department. EXHIBIT `B" — COMPENSATION SCHEDULE City agrees to pay Pico Party a sum not to exceed one thousand five hundred eighty dollars and seventy-two cents ($1,580.72 USD), Per Quote #290144 Pico Party 12/9/22 Agreement No. 6553 4646 E. Los Angeles Ave. Pico party(310) 2 75-9431 ® (323) 936.9268 Simi Valley,CA93063 D (318 ) 754-6559 - (323) 939-3323 fax [.Leekti, & PARTY • WEDDING • CATERING • TENTING GUEST BEDS • BABY EQUIPMENT • CONFERENCE • PAPER GOODS City of El Segundo Community S Delivery Order 290144 Bill 111 W. Mariposa Avenue Work 424-301-3077 Page 1 of 2 El Segundo, CA 90245 FAX At 11/30/22 7:10 PM Home Cell 310-220-5525 Julie Deliver 350 Main Street Due Out 12/1/22 Delivery El Segundo, CA 90245 Contact Lee Sam Address Needed 12/3/22 Call 3o min prior - See notes Contact Todd, Julie Due In 12/3/22 Time Used Charged Ordered by Jeff Cason Mo Taken by Rome/MC Wk P.O. No. Referred by 1 Da E-Mail slee3@elsegundo.org, Hr Out Qty In Description Min Hrs Ea/Hr, Day Week Month Item Total POW 1 Special Delivery Open window 0.00 0.00 r Please call 3o min prior Sam Lee Cell 323-788-3535 ! Alt Contact: Julie Todd (supervisor) 310-220-5525 POW 1 Special Pick-Up•12/3/22 •* 8PM to 9PM• 500.00 500.00 ! -Load out begins at 8PM ! - Approved by WE T 4 Fire Extinquisher 10.00 40.00 T 6 Chairs, Off White Samsonite 1.95 11.70 T 16 6' x 30" Table 9.75 156.00 T 16 White Picket Fence (7' x 36") 27.50 440.00 T 17 Base - Small•for Picket fence 10.50 178.50 Ttl Sale 500.00 Thank you for choosing Pico Party Rents ... Margarita - % discount Ttl Rent 826.20 DEL By / / Cash $ Check $ # C/C - 10 % discount 82.62 P/U By / / Cash $ Check $ # C/C Delivery 200.00 9.50 fl/b Tax 137,14 Confirmed via phone, Sam Lee Total 1580.72 Will mail in check Paid Balance 1580.72 **Joy around the World festival of holidays 2022•• On Delivery Jeff Cason jeff.cason@gmaii.com 310-529-4911 Margarita- Offered 10% discount THE TERMS OF THE AGREEMENT ON THE REVERSE SIDE HEREOF ARE INCORPORATED HEREIN AND ARE A PART HEREOF, AND I ACKNOWLEDGE THAT I HAVE READ THE SAME AND RECEIVED A COPY THEREOF. ANY AMOUNT NOT PAID WITHIN TERMS ARE SUBJECT TO FINANCE CHARGES TO ELIMINATE ADDED CHARGES. CALL OFFICE FOR PICK-UP., 411 china, glass and/or silverware must be returned Free of debris. A 25% surcharge w ll be charged if hems are rctumed dirty. CUSTOMER SIGNATURE (RENTER OR AUTHORIZED AGENT) Customer is responsible for breakage and loss. Agreement No. 6553 4646 E, Los Angeles Ave Swazi `'stlicy®CA93063 r (310) 275®943I ®(323) 93C,-8268 (SI5)759-6559 ® (323)939-3823fax o!S®r ce I I i PARTY ^ WEDDING • CATERING • TENTING GUEST BEDS • BABA' EQUIPMENT • CONFERENCE • PAPER GOODS THE TERMS OF THE AGREEMENT ON THE REVERSE SIDE HEREOF ARE INCORPORATED HEREIN AND ARE A PART HEREOF, AND I ACKNOWLEDGE THAT I HAVE READ THE SAME AND RECEIVED A COPY THEREOF. ANY AMOUNT NOT PAID W ITIIIN TERMS ARE SUBJECT TO FINANCE CIIARGES, TO ELIMINATE ADDED CHARGES, CALL OFFICE FOR PICK-UP. All china, glass and/or silverware must he retained free of debris, „ .... „---- A 25% sumharge will be charged if itamS am rclumcd dirty, CUSTOMER SIGNATURE (RENTER OR AUTHORIZED AGENT) Customor is msponsiblc for breakage and loss.