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CONTRACT 5170 One Page Service Agreement CLOSED"m- r dar ig for tha policy coverage. Liability pollclesfwlll befendors 'ir insured' s f under said Insurance coverage and to,sfat� /. /d/ . insurance that maybe carried by the City will be excel: thereto ��Sch�iaurn �isui,D�nF made," bat'utd will not be canceiablelor 46 I' te�INl�on�cpp�,tip f h Please ft additional Terms and Condipons,on the /"-,; �A re authorization to begin worm. ® QMMftMbl g2D2W U including .coverage forpremises, producs�a personal injury and contractual obligations with combined`single Ilmts f,*era N' x Auto Liability, including owned, non -owned and hired vehicles with at least; ❑ S 1,000,000 per occurrence." 11000 .300,00.0 per occurrence. As required by State Statutes. A copy of your current policy must bes as required by State Statutes (Nq CONTRACTOR signs statement to this effect.) ❑ Business License: The CONTRACTOR shall agree to have a cement City of E said license (at no cost to the City). [] Permits: Plans must be approved and permit(s) Issued ,(no ' fee) by '�thp 'C, Department if appropriate, Call the Building Manager @t(31,0) 5242345if you I (Drivers license etc.} ;'fen °n PLEASE NOTE ALL APPUCABLE INFORMATION uSTED ;ABOVE MUST BE ,,OBTAII,ED,,AI PURCHASE ORDER BEING SENT TO YOU MA FAX OR HARD C0Fr BY Tail: R1SW,,MA COMMENCEMENT OF WORK FOR THE CITY. &WMI1111till by (WNW MR 111". COLOR 'COPY REQUIRED BbCK T,OT�IE „C)1 °fVarne• ” ii Jason Lohrke anY; ; tr . eat A ;,tees,, - WKRAA�, n Viejo, CA 92692 VINTwn a Mimi auwcaa. 'asonlohrke gmail.corn Mail original agreement and Incur nnlw tfYr nice tm, , i vp �, yyp'�rnnya� ✓m�li� arty Af ie l�pry ¢�% Gm Car enter, . cc: Bust iuf L CO. Pur ning Agent; for City Attorney Mion Lohrke 7.24;16 �' 1,GENERALLY. The materials, supplies, or services (collectively, 'Purchase's covered by this services agreement and purchase order ('orders 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 Sellers 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 any Purchase is found to be incomplete, or not as specified, Clty 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.TIME EXTENSION. 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 Sellers 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. &REMEDIES CUMULATIVE, City's rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law. 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 lnsoecction and Citv's opportunity to reject. Agreement No. 5170 $,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, attorneys fees), Injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named In any sult, 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 Citys 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 Citys 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. 11ASSIGNMENT. 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 Sellers agent. 12.INSURANCE. Seller must provide the Insurance indicated on the face sheet of this Services Agreement. 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 and results of the work only. 15.WAfVER, 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 Clty may have under this Agreement or of any cause of action arising from Sellers 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 some or different character, 18.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, Jason Lohrke 7,24,16 7125116 Agreement No. 5170 City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo, CA 90245 EXHIBIT "A "• SOPE OF SERVICES JASON LOHRKE and band members agree to provide entertainment services for the City of El Segundo's Summer Concerns in the Park Series. Location: El Segundo Library Park 101 W. Mariposa El Segundo, CA 90245 " Date: Sunday, July 24, 2016 o Hour 4:30pm- 6:30pm City of El Segundo will provide sound and stage. Any changes to dates and times will require an approval from Recreation & Parks Department. ar City agrees to pay JASON LOHRKE for the performance of such services, the sum of o Two thousand, two hundred and fifty dollars. ($2,250) Jason Lohrke 7.24.16 7/26116