CONTRACT 7401 One Page Service AgreementAgreement No. 7401
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CONTRACT CR Instrumental CasfiW, Jennifer Walton
Services Agreement
(BUSINESS AUTO INSURANCE WAIVER)
DATE: September 2, 2025
Below ,you will find a checklist relating to insurance and other requirements that are required for doing business with the Cit^l of 9
Segundo.. Only those items checked -off are t ATORY, however if your standard policies exceed the minimum requirements please
include. The City reserves the right to increase Insurance It mitsicoverage s based upon the scope and type of services. Please find
additional terms and conditions, including additional insurance provisions, on the following pages, This is not a purchase order or ars
authorization to begin work.
® CorrN rehensive C neral L.iat ili At least S1.000.000 per occurrence. See Section 12 for additional irsurance and andcrserent
requinarnents.
❑ Business Auto Liability: At least; S1.000.000 per occurrence. (Waived by City Council via agenda item R.10 (Februarl 18, 2025)
for 'low risk' work within S15,000 per year]
® i'orkerl' Gomgensation Insuranl : Statutory requirFrent with warier of subrccation. (ff not provided, Seller alums that it gas rc
employees)
® Business License: Seller must have a our iiznt Ciiy of El Segundo license on file at Cihj Hall or pur&,ase said license (zt ro Ccst c
the City).
❑ Per -rum: Plans must be approved and pemit(s) issues (no fee) by luk e Planning and Building Safety F. apompeate. Celt fie
Planning Manager @ (310) 524-2340 r you have questions.
❑ Coov of valid oicl urre W. (Driver license etc.)
PLEASE NOTE: ALL APPLICABLE WORMATION LIMED AHOY MUST BE OffrMID AND ON FILE, FFM TO T'rT� ISSUANCE OF A GiY
PURCHASE ORDER BEING SENT TO YOU BY THE FURCHASING AGENT, TFM ALliid RONG COMME4CE11041T OF WMK FOR T.-iE CNY.
sup i`---d by fcemolet= all alanIK:sl- COLOR COPY REQUIRED BACK TO THE C i
Company Narne:_ 5l (Print ra-m B We):
Listruxnent,J C.astina Jennifer Walton
CorrpanySl ,'Address: erdrre'5ALt�z sled I
3553 Nfantic Ave.. Suite 8308 � � u
toner Beach. CA 90807
Phone: FAX
562-544-26 ii
Vendoes Email address., I Vandoes Web site: www.insaumentaicasdrg.com
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Agreement No. 7401
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.TERM ! TIME EXTENSION. This Agreement's term will be from
S� ' i Ito 613OYZ6 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.
6.REMEDIES 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 inspection and City's opportunity to reject.
&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. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless 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. Commercial general liability ("CGL") insurance must
meet or exceed the requirements of ISO-CGL Form No. Form CG 00 01
04 13, or equivalent, covering CGL on an "occurrence" basis, including
property damage, bodily injury and personal & advertising injury If a
general aggregate limit applies, either the general aggregate lirnit shall
apply separately to this projec0ocation (NSO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit, The
amount of insurance required 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 City, its
officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such
that any other insurance that may be carried by City will be excess
thereto. City's additional insured status will apply with respect to liability
and defense of suits arising out of Seller's acts or omissions. Such
insurance will 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 City, and the notice must include any necessary
endorsement to facilitate such notice to City. See below for required
endorsement language pertinent to the insurance requirements. Seller
will furnish valid Certificates of Insurance to City evidencing maintenance
of the insurance required under this Agreement, a copy of an Additional
Insured endorsement confirming City has been given Additional Insured
status under the Seller's General Liability policy, and such other
evidence of insurance or copies of policies as may be reasonably
required by City from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least
a Rating of "A:VII." Insurance endorsements must contain the following
language: (i) Additional Insured Endorsement with this language: "The
City of El Seaundo, its elected and appointed officials, employees, and
2, ES Instrumental Casting Jennifer Walton Short Services Agreement - No Prevailing Wage - RPL Business Auto Waiver
Agreement No. 7401
volunteers as additional insureds," through ISO Form CG 20 10 1185 or
CG 20 10 with CG 20 37; (ii) Cancellation Endorsement with this
language: "The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction." (iii)
Primary and Non -Contributory Endorsement with this language:
"Coverage is primary and non-contributory such that any other insurance
that may be carried by the City will be excess thereto."
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.
15MAIVER. 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.
16.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. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of services in this
Agreement without City's express written consent. The Al prohibition set
forth directly above will not apply to general business tools and software
that may have Al components but are not directly involved in the
execution or delivery of professional services that this Agreement
covers, provided that such tools and software do not significantly impact
the quality or nature of such services. Seller must promptly notify City, in
writing, of any proposal to employ Al in connection its provision of
services to the City under this Agreement. City will have the sole
discretion to grant or deny such proposal.
18. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED
TRAINING. If Seller's work involves contact with minors, before
conducting any performance of this Agreement, all Seller's employees,
subcontractors, volunteers, or other agents that will perform Seller's
work under this Agreement must submit to and pass a
background/fingerprint investigation conducted or approved by City.
Seller affirms and attests that its employees, subcontractors, volunteers,
or other agents that will perform Seller's work under this Agreement
have completed training in child abuse and neglect identification and
training in child abuse and neglect reporting, which may be met by
completing the online mandated reporter training provided by the Office
of Child Abuse Prevention in the State Department of Social Services.
Seller affirms and agrees that the background and reporting training will
be completed before beginning performance under this Agreement.
Upon City request, Seller will promptly furnish proof of completion of
such mandated reporter training to City, but in no event no later than two
business days following City's request.
19. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment 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.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Seller accordingly.
20. CONSISTENCY, In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
21. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of 4,000 for the work,
however, total compensation must not exceed $15,000 per year. City will
pay for work as specified in the attached Exhibit "A," which is
incorporated by reference. Seller affirms and covenants that this
Agreement constitutes a "fow risk" contract, as described in Section 7 of
City Council Resolution No, 4813.
22. EXHIBITS. [Scope of Services] see attached.
2. ES Instrumental Casting Jennifer Walton Short Services Agreement - No Prevailing Wage - RPL Business Auto Waiver
Agreement No. 7401
City of El Segundo
Recreation, Parks, and Library Department
401 Sheldon Street
El Segundo, CA 90245
EXHIBIT "A" — SCOPE OF SERVICES
Instrumental Casting representative Jennifer Walton will provide a series of musical performances from her
catalog of represented musicians to take place at the El Segundo Public Library located at 111 West
Mariposa Avenue, El Segundo, CA 90245. The music series will consist of five (5) individual performances
showcasing a variety of music genres to be decided on in consultation with library staff.
The programs will take place on the following dates and times:
• Saturday, September 27, 2025, 2:00-4:OOPM
• Saturday, November 22, 2025, 2:00-4:OOPM
• Saturday, January 17th, 2:00-4:OOPM
• Saturday, March 14th, 2:00-4:OOPM
• Saturday, May 9ffi, 2:00-4:OOPM
Instrumental Casting representative Jennifer Walton will be paid $800 per performance date, five (5)
performance dates in total, not to exceed $4,000 for the entire series. Payment will be issued by the
Friends of the El Segundo Public Library, using the funding for library music programming donated by an El
Segundo community member. Checks will be made out to Instrumental Casting in the amount of $800 and
issued upon delivery of each program.
Agreement No. 7401
3553 Atlantic Ave,
Suite B308
Long Beach, CA 90807
INVOICE #082725
Date: August 27, 2025
TO: City of El Segundo/El Segundo Public Library
350 Main Street
El Segundo, CA 90245
www.instrumentalcasting.com
562-544-2670
RE: Library Concert
September 27, 2025
Sippin' Time will perform in concert at the El Segundo Public Library from 2-4pm with 1 pm call,
on Saturday, September 27, 2025 as part of library programming.
Thank you for booking exceptional musicians and we look forward to working with you again!
TOTAL = $800
DUE UPON RECEIPT
Zelle (562) 544-2670 or Check to Instrumental Casting
Instrumental Casting provides musicians for filming and related events.
Agreement No. 7401
3553 Atlantic Ave,
Suite B308
Long Beach, CA 90807
INVOICE #082825
Date: August 28, 2025
TO: City of El Segundo/El Segundo Public Library
350 Main Street
El Segundo, CA 90245
www.instrumentalcasting.com
562-544-2670
RE: Library Concert
November 22, 2025
The Silver Linings Violin & Guitar Duo will perform in concert at the El Segundo Public Library
from 2-4pm with 1 pm call, on Saturday, November 22, 2025 as part of library programming.
Thank you for booking exceptional musicians and we look forward to working with you again!
TOTAL = $800
DUE UPON RECEIPT
Zelle (562) 544-2670 or Check to Instrumental Casting
Instrumental Casting provides musicians for filming and related events,.