CONTRACT 4692 CLOSEDAgreement No. 4692
Services Agreement
®' CORMW09N CAMW t- t t' r, including coverage far premises, Products and completed operadorts, independent coma=,
personal injury and contractual obkab= with wr&W single Nmits of coverage of at least Sl.Ob0M per oo .
®
&& URW N , kk*V owned, non -ow6d and hned vehicles with at least:
❑ 51.000.000 per occurrence.
Cl 1100A M-- 300.000 per occurrence,
® As required by State Statt tes. A copy of your cwrent poky must be submitted namfg yowW and or your company.
llV�icer ' CompensOm_Walmw. as mquked by State Statutes. (Not needed f SSI- employed wilh no emp4m and
CONMCTQR signs statement to this efWA.)
❑ %jgaa UMM: The CONTRACTOR Ad agree to have a cement City of El Segundo lkaense on file at Cihr Hd or purchase
said !'rcerw (at no oast tQ the CRy).
❑ Permits: Plans must be approved and permKs) issued (no flee) by the Pin* and BwWq Safety if appopdaW. CaN [he
Ptanrtertg Mai W @ (310) 524 -2340 4 you have questions.
�I Cooy of vrdid,_pMe I.D. (Drivers license etc.)
Pi.EAW NOTE: ALL APPLICABLE INFOR"71061 LWO ABOVE MUST BE OBTANEO AND ON W, PRIOR 70 THE ISSUANCE OF A CRY
RNOIASE OWR MW SENT` TO YOU (IAA FAX OR HARD COPY) BY THE RISK KWGBWqfi0VAW AGENT, 'THUS AIM OWN
COMMENC130Mf OF WOW( FOR THE WY.
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Mail original wwont and la 1' clty :i Segundo,- City Cleric 350 NIA Room � EI Swundo, CA 902 13
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TKYED AS TO FORM:
CI ORNEY
i -GENERALLY. " s, supplies, or services (may,
'Purchased covered by this services agreement and purchase order
('order`] must be famished by Suer MOW tD all the terms and
conditions contained in this order wtrich Seller, In ac7eptlng tuts order,
agrees to be bounds by and comply with in all particulars. No other terms
or conditions are b rift upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by ttns order constitutes urrquaiibed acceptance dd ad
terms aid corddons in this order. The lem of any proposal referred to
in this order are included and made a part of the order ahty to the extent
it spewed the Purchase ordered, the price, and the delivery, and then
only lo the extent the such leans are consistent with the terms and
condoms of this order.
2.0iSPECTM The Purchase furnished must be exactly as specified in
this wier, free from all defects in SeWs performance, design,
workmanship, and materl+aks, and, w dept as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final aooepiance, any any Purchase is found b be Incornplete, or rol as
specified, City may reject tl, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the drandtances. If seller is unable or refuses a erred sudm
items within a timme deemed reasonable by City. City may terminate the
order in whole or in part Seller bears all risks as b rejected Purchases
and, In addition to any costs for which Seller may became liable to City
under other provision of this order, must reimburse City for all
transportation costs . other related costs incurred or payments to Seger
in aeomlance with the terms of this order for unwed Purchases.
Notwithstanding Clys acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
&CHANGE& City may make changes within the general scope of this
order in draw kW ands spe ificak ms for speddy manufactured supplies,
place of delivery, method of shipment or pecitinhg of the order by 9f9
notice io Seger and subsequently confirming such changes in writing. If
such changes atTieet the cost of or the time required for performance of
tlhts order, an egAabie a*usOhhent in the price or delivery or both must
be made. No change by Seger is allowed wiMW City's wrMw approval.
Any claim by Seller for an a*strnent wxW this section must be maee
n writing within stony (34) daps from the dale of receipt by Seiler of
notificalm of such change unless City waives tt>us cohdillorh n writing.
Nothing in this seclorm excuses Seller from proceeding with perf ranee
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 wig pay Seger as hug peribmwnce until such termination the unit or
pro rata order price fix the pderlbr med and accepted portion of the
Purchase sty may provide written notice of termination for Series
defwk t Seger refuses or fads to comply with this order. If Seger does
not m such facture within a rye time period, or fails to perform
the Purchase within the lime specified (or allowed by eAvWon), Seger
MR be liable to City for any excess coats Incurred d by City -
S.TIME EXTENSIOK City may extends the time for completion f, in
City's sole deWmination. Seiler was delayed because of causes beyond
Seller's control and without Sellers fault or negligence. In ftre event
delay was caused by fdtyr. Seller's sole remedy is limed to recovering
money actuailly and necessardy expended by Seger because of the
delay, there is no ngW a recover anticipated proft
6 REMEDIES CUMULATIVE Clys rights and reined ies wider this order
are not exclusive and are in admen to any rightsand ramedd'res provided
by law.
T.TITLE. Title to materials and supplies purchased under this order
pass directlyy from Seller to City upon City's written acceptance following
reement No. 4692
B.PAYMENT. City will pay Seder aft recelVW9 acuptalble Invoices for
maesials and st"fies delivered and accepted or services rendered and
acceig "'. City wN not ray cartage. shiffing, pa*a^ or boxing
w unless specified in this order. Qralts coal not be honored.
9.1NDEMNIFiCATION, Seller agrees to indemnify and hold City
harmless from and against any dam, actioth, damages, costs (including,
without lnitedon, allorney's fees), injuries, or ilabilily, arising out of the
Purchase or the ordm or their perlbrmanoe. Should City be named in
any suit or should any claim be bum * against it by suit or otherwise,
whether the same be grwxlless or not arising out of the Purchase or
order, or their performance, Seller will deiexnd City (at City's request and
with counsel satisfacrory to City) and uxknnfy City for any judgment
rendered against it or any sums paid out in settlement or oftwise. For
purposes of this Section 'city" includes CKYs of ers, elected officials,
and employers. it is expressly understood and weed that the
bregoamg provisions will survive errmkiefim of this order. The
requirerm►rts as to the types and liinits of insurable coverage to be
mantabhed by Seder, and any approval of such insurance by City, are
not intended to w d will not in any manor limit or qualify the diaries
and obligations otherwise assumed by Seger pursuant to this order,
including, without limitation, to the provisions wncemkig indgnu►fication.
10.WARRANi'Y. Setter agrees that the Pdhd''dnase is covered by the
most favorable comawdal warranties the Sober gives to any customer
for the same or substantially, similar supplies or seniaes, 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.
% ASSIGNMENT. City may assign this order. Except as to any
payment due under this order. Seger may not assign or subcontract the
order without City 's written approval. Should City give consennt, it will not
relieve Seiler from any obligations under 96 order and any transferee or
subtracmr will be considered Seller's agent
12JNSURANCE. Seler must provide the insurance kWkated on the
face street of this Services AgreemenL
13.PERMIT& Seller must procure all necessary permits and ticarises,
and abide by all federal, state, and local laws, for pettm nog this order.
11UNDEPENDENT cowrRACTOR. City and Seger agree that Sedan
will act as an nhciependemt contneclar and mil have control of as world
and the manner in whkh is is performed. Seiler wig be free to contract
for sir filar service to be performed inr other employers while under
contract wA City. Seller is not an agent or employee of City and is not
entitled to partldp * In any pension Flan, insurance, bonus or similar
benefit$ City provides kx its employees. Any pmvision in this order that
may appear to give City the right to detect Seder as to the details of doing
Me work or b exerdse a measure of control over the work means that
Seger will follow the dfirextion at the City as to end results of ttie work
Only.
11WAIVER. City's review or acceptance del, or payment tor, work
prod tict M eWW by Seller under this order will not be construed to
operate as a wakes of any rights City may have under Kris Agreement or
of any cause of action ar lsi g from Seller's perfomrance. A waiver by
City of any breach of any term, ooveharmt, or eondiliion contained in this
order wig not be deemed to be a w elver of any submgxwd breach of the
same or any curer term, cove►rarmt, or oandritlon contained in this order,
Wietherof tie same or ffwent character.
16 WERPRETATiON. This Agreermme+ht was dratted in, and will be
construed in accorda toe with ire laws of the State of California, and
enodusive venue for arty action Invohring this agreement will be in Los
Angeles County.
mmnm h
Agreement No. 4692
CITY OF EL SEGUNDO
EL SEGUNDO PUBLIC LIBRARY
111 W. MARIPOSA AVE.
EL SEGUNDO, CA 90245
EXHIBIT "A" — SCOPE OF SERVICES
LIBERTY CITY agrees to provide live music services during the Library's concert series
from October 1, 2014 through September 2015. The CITY agrees to pay LIBERTY
CITY on an as- needed basis an amount set forth in Exhibit "BA subject to the limitation
that total services must not exceed Five Thousand Two Hundred ($5,200.00).
EXHIBIT "B" — COMPENSATION SCHEDULE
• The CITY agrees to pay LIBERTY CITY for the total of ten performances of such .
services as follows: the sum of $500.00 each performance for October 2014
through December 2014; and $514.00 each performance for January 2015 through
June 2015; and September 2015.
• The CITY agrees to release payment to Contractor after each performance but may
not be guaranteed.
SIGNED: . DATE:
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