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CONTRACT OWR-294 One Page Service Agreement CLOSEDi Services Agreement —One World Rhythm DATE MAILED: 03/06109 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 1000 0 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: I n 10$ .00,000 per occurrence. 100 000 - 300.000 per As ui to Statutes. A copy of your current policy must be submitted nami urself and or your company. _ ' Compensation Insurance: as required by State Statutes. (Not need Self - employed h no employees and CONTRACTOR signs statement to this effect.) ❑ Business 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. ® Copy of valid picture I.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 AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by (complete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Mail original agreement and' ifce to: City oW Segundo – City Clerk 350 Main Street, Room 5, El Segundo, CA 90245 -3813 Oritsdc ._. to ss D�e.id; O E?�e Aetls: � cc: Business License; City Clerk; Purchasing Agent; RW tfept nor'- _(1) Page Services Agreement with check boxes.doc 3/5109 One World Rh m Peter Elli n I Ow pljr =halt Vendor's uthori i na requ' 1317 N. San Fernando Rd. #512 ft fie. .. Date signed: Burbank, CA 91504 O FAX 818 -332 -0679 x101 818- 848 -3512 Vendor's Email address: Sales @oneworldrhythm.com Vendor's Web site: http://oneworldrhythm.com Mail original agreement and' ifce to: City oW Segundo – City Clerk 350 Main Street, Room 5, El Segundo, CA 90245 -3813 Oritsdc ._. to ss D�e.id; O E?�e Aetls: � cc: Business License; City Clerk; Purchasing Agent; RW tfept nor'- _(1) Page Services Agreement with check boxes.doc 3/5109 1.GENERALLY. The materials, supplies, or services (collectively, 8.PAYMENT. City will pay Seller after receiving acceptable invoices for and supplies delivered and accepted or services rendered and "Purchase ") covered by this services agreement and purchase order "order") be furnished by Seller subject to all the terms and materials accepted. City will not pay cartage, shipping, packaging or boxing ( must conditions contained in this order which Seller, in accepting this order, expenses unless specified in this order. Drafts will not be honored. 9.INDEMNIFICATION. Seller agrees to indemnify and hold City agrees to be bound by and comply with in all particulars. No other terms the unless subsequently agreed to harmless from and against any claim, action, damages, costs (including, or conditions are binding upon parties in writing. Written acceptance or shipment of all or any portion of the without limitation, attorney's fees), injuries, or liability, arising out of the Should City be named in Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order, or their performance. or should any claim be brought against it by suit or otherwise, 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 any suit, whether the same be groundless or not, arising out of the Purchase or their Seller will defend City (at City's request and it specified the Purchase ordered, the price, and the delivery, and then that such terms are consistent with the terms and order, or performance, with counsel satisfactory to City) and indemnify City for any judgment For only to the extent rendered against it or any sums paid out in settlement or otherwise. conditions of this order. 2.INSPECTION. The Purchase furnished must be exactly as specified in purposes of this section "City" includes City's officers, elected officials, It is understood and agreed that the this order, free from all defects in Seller's performance, design, workmanship, and materials, and, except as otherwise provided, is and employees. expressly foregoing provisions will survive termination of this order. The as to the types and limits of insurance coverage to be subject to inspection and test by City at all times and places. If, before Purchase is found to be incomplete, or not as requirements maintained by Seller, and any approval of such insurance by City, are final acceptance, any any specified, City may reject it, require Seiler to correct it without charge, or not intended to and will not in any manner limit or qualify the liabilities assumed by Seller pursuant to this order, require delivery of such Purchase at a reduction in price that is equitable If is unable or refuses to correct such and obligations otherwise including, without limitation, to the provisions concerning indemnification. under the circumstances. seller items within a time deemed reasonable by City, City may terminate the 10.WARRANTY. Seller agrees that the Purchase is covered by the favorable commercial warranties the Seller gives to any customer 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 most for the same or substantially similar supplies or services, or such other Warranties will under other provisions of this order, must reimburse City for all other related costs incurred, or payments to Seller more favorable warranties as is specified in this order. be effective notwithstanding any inspection or acceptance of the transportation costs, in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City's acceptance of any Purchase, Seller is liable for Purchase by City. 11.ASSIGNMENT. City may assign this order. Except as to any the latent defects, fraud, or such gross mistakes as constitute fraud. payment due under this order, Seller may not assign or subcontract without City's written approval. Should City give consent, it will not 3.CHANGES. City may make changes within the general scope of this in drawings and specifications for specially manufactured supplies, order relieve Seller from any obligations under this order and any transferee or order place of delivery, method of shipment or packing of the order by giving If subcontractor will be considered Seller's agent. 12.INSURANCE. Seller must provide the insurance indicated on the notice to Seller and subsequently confirming such changes in writing. changes affect the cost of or the time required for performance of face sheet of this Services Agreement. licenses, such this order, an equitable adjustment in the price or delivery or both must Seller is without City's written approval. 13.PERMITS. Seller must procure all necessary permits and and abide by all federal, state, and local laws, for performing this order. be made. No change by allowed Any claim by Seller for an adjustment under this section must be made 14.I1SIDEPENDENT CONTRACTOR. City and Seller agree that Seller an independent contractor and will have control of all work in writing within thirty (30) days from the date of receipt by Seller of change unless City waives this condition in writing. will act as and the manner in which is it performed. Seller will be free to contract notification of such Nothing in this section excuses Seller from proceeding with performance 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 of the order as changed. 4. TERMINATION. City may terminate this order at any time, either entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that verbally or in writing, with or without cause. Should termination occur, 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 that 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 Seller follow the direction of the City as to end results of the work Purchase. City may provide written notice of termination for Seller's will default if Seller refuses or fails to comply with this order. If Seller does such failure within a reasonable time period, or fails to perform only. 15.WAIVER. City's review or acceptance of, or payment for, work not cure the Purchase within the time specified (or allowed by extension), Seller 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 will be liable to City for any excess costs incurred by City. 5.TIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Seller's performance. A waiver by breach of any term, covenant, or condition contained in this City's sole determination, Seller was delayed because of causes beyond In the City of any order will not be deemed to be a waiver of any subsequent breach of the Seller's control and without Seller's fault or negligence. event 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. 18.INTERPRETATION. This Agreement was drafted in, and will be delay; there is no right to recover anticipated profit. &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. T.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 Citys opportunity to reject. 3/5/09 _(1) Page Services Agreement with check boxes.doc 1317 N. San Fernando Rd. #512 Burbank, CA 91504 Invoice Date Invoice # 5/13/2009 OWR -294 sales @oneworldrhythm.com http: / /oneworldrhythm.com Phone # 818- 332 -0679 Fax # 818- 848 -3512 Bill To: E1 Segundo Library Julie Todd 111 W. Mariposa Ave El Segundo, CA 90245 Job At: E1 Segundo Library 111 W. Mariposa Ave El Segundo, CA 90245 INVOICE ....................................... ............................... PLEASE PAY THIS AMOUNT 1414 $300.00 ............ ............................... Make checks payable to: Please check box if address is incorrect or has changed, and Have E -Mail? Please write it here: indicate change(s) on reverse side. PLEASE DETACH AND RETURN TOP PORTION WITH PAYMENT P.O. No. Terms Due Date Rep Project Day Of Evnt 5/13/2009 DK Description Qty Rate Amount One World Rhythm Event 1 300.00 300.00 Event Date: August 11th, 2009 Performance Time: 3:OOPM Duration: 1 HR Apx. Guest Count: 200 Location: Same as billing address Additional Info: This is an outdoor in the park event Thank you Subtotal Sales Tax (0.0 %) THERE WILL BE A $15 CHARGE FOR ALL RETURNED CHECKS Total 10% INTEREST WILL BE ASSESSED ON ALL UNPAID BALANCES Pa ments /Credits AFTER 90 DAYS Y Billing Inqueries? Call 818- 332 -0679 Balance Due $300.00 $0.00 $300.00 $0.00 $300.00