CONTRACT 6787 One Page Service Agreement CLOSEDAgreement No. 6787
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Services Agreement
DATE MAILED;10120123
Below you will find a checklist relating to Insurance and other requirements that are required for dung 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 20 10 1195 or
equivatenk The amount of insurance set forth below will be a combined single 11mil per occurrence for i dify in)ury, 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 i '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.
�mar l i II , including coverage for premises, products and completed operations, independent contractors,
Personal Injury and contractual obll ati'ons with combined single limits of coverage of at least ILOS,000 per occurrence.
Auto Liability including owned, non -owned and hired vehicles with at least:
® 11,000,090 per occurrence.
❑ 5100,000 - 300,000 per occurrence.
❑ As required by State Statutes, A copy of your current policy must be submitted naming yourself and or your company,
® W_ leers" Com gnsalion Insurance: as required by State Statutes y�th VWaiver of Sul tion. (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect,)
® Bu$inm License: The CONTRACTOR shall agree to have a current City of El Segundo license on Tile at City Hall or purchase
said license (at no cost to the City).
❑ Petrrtits, Plans must be approved and permit(s) issued (no feel by the Planning and Building Safety K appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ C2py 9fygll� ture LID, (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 PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
u mi late ai Ban' COLOR. COPY REQUIRED BACK TO THE CITY
Company Name, - ..
By (Print name 8 title):
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— City Clerk 350 Main Street, Room 5, Et Segundo, CA 90245.3813
Date inidew: 10124122
Date Approved: 1012 4 1 Z3
Agreement No. 6787
I'GENEIM LY* 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 conditons are birrding upun the parties unless subsequently agreed to
in writing. Wriltan 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 larder are in t ed 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
cvndltluns of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, tree from all defects In Seder's performance, design,
workmanship, and materials, and, except as otierwtse provided, is
subject to inspection and test by City at all titrries and places, If, before
final ac sptance, any Purchase Is found to be incomplete, or not as
spacifed, 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 tta lams of this order for unaccepted Purchases.
Notwithstanding Ctty'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 genera) 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. t
such changes affect the cost of or the time repaired for performance of
this order, an equitable adjustment in the price or delivery or troth 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 witldn 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 Softer 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 rate 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 falls 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.
$.TERM 1 TIME EXTENSION. This Agreement's term will be from
October 24, 2023 to Noventleir 30, 2023 City may extend the time for
completion if, In City's sole determination, Sella was delayed because of
causes beyond Setters ccantrol and without Sellers fault or negligence,
In the event delay was caused by City, Seller's We remedy Is limited to
recovering money actually and necessarily expended by Seller because
of the delay; there is no right to recover anticipated profit.
CREMEOIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual Insoaction and 0tv's anuorturgiv to reject_
$.PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City wink not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts YAP not be honored.
B-INDEMNIFICATION. Seller agrees to Indemnify and hold City
harmless from and against any claim, action, damages, costs (noluding,
without Hniltation, aflomey"s fees), Injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any sell or should any claim be brought against it by suit or olherwis%
whether the same be .groundless or not, arising out of the porchase or
order, or their performance, Seller will defend City (at Cis request and
With counsel satisfaCIM 110 City) and lndemn"rfy City for any judgment
rendered against it or any sums paid out nn settlement or otherwise. For
purposes of this section "City" incb!des CAA$ officers, elected officials,
and employees„ It is expressly understood and agreed that the
foragldng provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Sellar„ and any approval of such insurance by City, are
not Intended to and will not In any manner limit or qualilly the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
Including, without limitation, to the provisions concerning Indemnificalion.
IO.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.ASSIl3NMENT, 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 Seiler from any obligations under this order and any transferee of
subcontractor will be considered Sellers agent,
12.INSURANCE, Seller must provide the Insurance indlcaled on the
face sheet of this Services Agraemerit.
13.PERMITS, Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order,
14JNDEEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and wit 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 and results of the work
only.
15.11VAIVER. 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 teen, 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.
17.CONSISTENCY. In interpreting thls Agreement and resolving any
ambiguities„ this Agreement takes precedence of any attached exhibit
Es -der Delgado Short Services Agreement Revised 3/25123
Agreement No. 6787
18. CONSIDERATION. As consideration, CITY agrees to pay
CONTRACTOR for CONTRACTOR's services not to exceed a total of
$930 for the work. CITY will pay for work as specified
-which is incorporated by reference.
19. EXHIBITS. "Scope of Work" Preparation of, set-up, clean up and
teaching Dia de los Muertos crafts at the El Segundo Halloween Frolic
event 2023. Costs up to $210 for craft supplies and a fiat rate of $720 for
preparation and execution of craft.
Eszter Delgado Short Services Agreement Revised 3128/23