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CONTRACT 6697 Professional Services AgreementAgreement No. 6697 Agreement No. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND EDGEWOOD VENTURE, LLC DBA SIDEBAR SUMMIT This AGREEMENT is entered into this 18th day of July, 2023, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and Edgewood Venture, LLC. DBA Sidebar Summit, a California Limited Liability Company ("CONSULTANT"). CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $47,500 for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibits "A" and "B," which are incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 1 _ Rev 3/28/23 Agreement No. 6697 Agreement No. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed, project -based invoice to CITY in accordance with Exhibit "B." 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from July 18, 2023, to July 31, 2024. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until CITY gives CONSULTANT a written notice to proceed following full execution of this Agreement by the parties. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. -2- Rev 3128/23 Agreement No. 6697 Agreement No. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached two Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work; and Bw Exhibit B: Budget. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement 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 CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement 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 Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time if any of the events listed in Exhibit "A" are not completed as described in Exhibit "A", as solely determined by CITY. CITY must compensate CONSULTANT for any work -3- Rev 3/28/23 Agreement No. 6697 Agreement No. satisfactorily completed up to the effective date of the notice of termination B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. If CONSULTANT terminates the agreement prior to completion of the scope specified in Exhibit "A," the CITY will compensate CONSULTANT for any work satisfactorily completed up to the effective date of the notice of termination. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. [RESERVED] E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. CITY SEAL AND LOGO. CONSULTANT may only use the CITY's official seal and logo, as described in El Segundo Municipal Code Chapter 1-3, in materials pertinent to the Scope of Work identified in Agreement Section 2 and with CITY's prior written consent. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic artwork, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval, which shall not be unreasonably withheld. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT -4- Rev 3/28/23 Agreement No. 6697 Agreement No. or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its 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 this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT 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 Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. [RESERVED] -5- Rev 3/28/23 Agreement No. 6697 Agreement No. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. Monthly virtual video meetings meets this section's requirements, due to the CONSUTANT'S Los Altos, California location and the monthly travel expenses will negatively affect the contract funds and reduce the remaining budget funds to complete the scope of work. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Attention: Vishal Verma, Partner Edgewood Venture, LLC. DBA Sidebar Summit 25194 La Rena Lane Los Altos, CA 94022 650-906-2222 vshal ed ewoodv .com If to CITY:. Attention: Barbara Voss, Deputy City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 310-524-2389 bvoss@elsegundo.org Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid, nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, -6- Rev 3/28/23 Agreement No. 6697 Agreement No. gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. 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. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. -7- Rev 3/28/23 Agreement No. 6697 Agreement No. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] -8- Rev 3/28/23 Agreement No. 6697 Agreement No. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George, City Manager AT'T' T" �" Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney 0 Edgewood Venture, LLC DBA Sidebar Summit By: Vishal Verma Title: Partner Taxpayer ID No. 84-4513254 Joaquin �, Assistant City Attorney 411nsuraApproval: k Manager -9- Rev 3/28/23 ®o����rrrrrrru�i u�rrrrrrrrr irrr®i®��� E SIDEBAR SUMMIT AUGUST 2023 Agreement No. 6697 SIDEBAR SUMMIT Sidebar Summit is leveraging the amazing connectivity of our ecosystem to bring together the brightest minds in technology, entrepreneurship, venture capital, academia, and government. Our goal is to create spaces for learning, collaboration, and networking, where attendees can exchange ideas, inspire each other, and push the boundaries of innovation. Our networking events, roundtable discussions, and intimate gatherings provide the perfect opportunity for decision makers, visionaries, and rising talent to connect and collaborate. From startups to seasoned industry leaders, professional athletes, and government officials, our events attract a diverse group of professionals who are passionate about their communities and the future of technology. VISION MISSION We envision a world where our Our mission is to curate events serve as a catalyst for exceptional events that positive change and inspire connect and empower the new thinking that can shape the world's most innovative and future of our society. influential individuals. Agreement No. 6697 Jed York CEO SF 49ers SIDEBAR SUMMIT 1 11111112 1 ma �q Fd n=7 W Adam Cheyer Co -Founder Siri & Viv Labs Metta World Peace Megan Kayo NBA Champion Partner Los Angeles Lakers Wilson Sonsini Fiona Ma Matt Mahan California State Mayor Treasurer San Jose f G John Chiang Rocky Pimentel California State Executive Chairperson Treasurer Afero Y , s Aanchal Gupta Ken Goldman CVP & CISO President Microsoft Hillspire i Sabeer Bhatia Guru Chahal Founder Partner Hotmail Lightspeed VP Jimmy Panetta Congressman CA 19th District Michael Chertoff US Secretary of Homeland Security if1 / 1 � y P Leon Panetta US Secretary of Defense Richard Gephardt US House of Representatives MC Hammer Rapper Investor Bhaskar Ghosh Partner & CTO BVC Herb Lin Sr. Research Scholar Stanford University John Thompson Partner Lightspeed VP Agreement No. 6697 SIDEBAR SUMMIT Sidebar events are prime opportunities to expand your network, cultivate relationships, and increase visibility. CONNECT Engage with industry leaders and visionaries in tech, startups, VCs, entrepreneurs, and government officials EXPOSURE Increase visibility and awareness for you and your organization in a targeted and meaningful way Agreement No. 6697 SIDEBAR SUMMIT Sidebar Summit: Artificial Intelligence 2.0 Lightspeed Venture Sept 5, 2023 Fireside Chat with Legendary Partners Entrepreneur Adam Cheyer and VC Guru Chahal Sidebar Summit: SPACE - The Next Frontier Sept 28, 2023 Fireside Chat with Legendary VC Future Ventures Steve Jurvetson Oct 2023 Sidebar Summit: 8VC, San Francisco Cybersecurity Nov 2023 Sidebar Summit: Pebble Beach Fund of Funds: LP Roundtable Dec 2023 Sidebar Summit: Future of Los Altos Golf & Semiconductors or 5G event Country Club *Event details to be confirmed Agreement No. 6697 SIDEBAR SUMMIT August 2023 - July 2024. $47, 500 Annual sponsorship includes admission for City of El Segundo representative(s) to attend and speak at five Sidebar Summit events in 2023 in the Silicon Valley. City of El Segundo's logo to be included on invitations, marketing materials, social media and website (www.sidebar a it.com) for all five events. Sidebar Summit shall facilitate one on one conversations with event panelist(s) at each of the five events (approx. 15 minutes per meeting). In addition, City of El Segundo representative(s) to attend the remaining events till July 2024 for upto 5 events. 1 event with a panel of two to four special guests (to be mutually agreed upon) from the entrepreneurial and venture community to come to El Segundo for a roundtable or fireside chat. Agreement No. 6697 SIDEBAR SUMMIT Where big ideas take off. CITY OF 0 ELSEGUND 1 Fm mm.0r i n 1 r svb>SificonValley Bank Center for International Security and Cooperation Stanford Freeman Spogli Institute :FOLEY r 0 L E Y & LARDNER L L P E' D MGreenbergTraurig State Bain0 k of Nindia REDWOOD COLLECTIVE SIDEBAR SUMMIT CONTACT US (650) 906-2222 vishal@edgewoodvp.com (408) 455-3008 yash@edgewoodvp.com Agreement No. 6697 Exhibit B Sidebar Summit Annual Sponsorship Total Contract Amount: $47,500.00 Invoice Frequency: Day 15 of every 1 month Contract Payment Schedule Payment # Invoice Submission Date Invoice Amount 1 _..................._..... ._.............._.._._ 2 08/15/2023 .._....._._._._._._._. 09/15/2023 $9,500 _._.._._.........._.................. .. $9,500 3 10/15/2023 $9,500 4 11/15/2023 $9,500 5 12/15/2023 $9,500