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CONTRACT 5259 One Page Service Agreement CLOSED Agreement No. 5259 M° Services Agreement w` SELLER: VOX DJs DATE MAILED: 1/13/2017 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 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 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$1,000,000 per occurrence. ® Auto Liability, including owned, non-owned and hired vehicles with at least: ® $1,000,000 per occurrence. ❑ $100,000- 300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers" Comoensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and SELLER signs statement to this effect.) ® Business License: The SELLER agrees 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 Planning and Building Safety if appropriate. Call the Planning Manager @(310)524-2340 if you have questions. ❑ Copy of valid oicture I,D. (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS 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 b (complete all blanks), r;°°r'°w °°m " �°;;,re- ui u w ( � ...."Ill t.,lli�.' .. .. 114. ��� III'°Illllllllt���t...111111'".Jlllllllll't t!!!',.�"�,..1w`: ( (.Ilh.l'lll! 11l1.ire Company Name("Seller"): By(Print name&title): VOX DJs Tommv O'Sullivan I Event Producer Company Street Address: Vendor's Authorized Signature required: 500 S.Sepulveda Blvd.Suite 211 _/_o/54491 F� City, State,Zip: Date signed: Manhattan Beach,CA 90266 01.13.17 Phone: FAX: 310)372-2222 (310)372-2223 Vendor's Email address: Vendor's Web site: robert @voxdjs.com Voxdis.corrnn Mail original agreement and losiurance to; City of El Segundo—City Clerk 350 Main Street,Room 5,El Segundo,CA 90245.381, _ - w----_. ._ ._ Date initiated: _ ail Originator/Department Contact ins ca ce Approval :. " "r :.M Date Approved: �.,. , CGt' City Cit er City ler�_ VOX DJs Agreement No. 5259 1.GENERALLY. The materials, supplies, or services (collectively, "Purchase") 10.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from covered by this Services Agreement("Agreement") must be furnished by Seller and against any claim, action, damages, costs (including, without limitation, subject to all the terms and conditions contained in this Agreement which Seller, attorney's fees), injuries, or liability, arising out of the Purchase or the in accepting this Agreement, agrees to be bound by and comply with in all Agreement, or their performance. Should City be named in any suit, or should particulars. No other terms or conditions are binding upon the parties unless any claim be brought against it by suit or otherwise, whether the same be subsequently agreed to in writing. Written acceptance or shipment of all or any groundless or not, arising out of the Purchase or Agreement, or their portion of the Purchase covered by this Agreement constitutes unqualified performance, Seller will defend City (at City's request and with counsel acceptance of all terms and conditions in this Agreement. The terms of any satisfactory to City) and indemnify City for any judgment rendered against it or proposal referred to in this Agreement are included and made a part of the any sums paid out in settlement or otherwise. For purposes of this section"City" Agreement only to the extent it specified the Purchase ordered, the price, and includes City's officers, elected officials, and employees. It is expressly the delivery, and then only to the extent that such terms are consistent with the understood and agreed that the foregoing provisions will survive termination of terms and conditions of this Agreement. this Agreement. The requirements as to the types and limits of insurance 2.CONSIDERATION. As consideration, City agrees to pay Seller for City's coverage to be maintained by Seller, and any approval of such insurance by services not to exceed a total of $1,970 (One Thousand Nine Hundred and City, are not intended to and will not in any manner limit or qualify the liabilities Seventy Dollars)for the work. City will pay for work as specified in the attached and obligations otherwise assumed by Seller pursuant to this Agreement, Exhibit'A"which is incorporated by reference. including,without limitation,to the provisions concerning indemnification. 1INSPECTION. The Purchase furnished must be exactly as specified in this 11.WARRANTY. Seller agrees that the Purchase is covered by the most Agreement,free from all defects in Seller's performance, design, workmanship, favorable commercial warranties the Seller gives to any customer for the same and materials, and, except as otherwise provided, is subject to inspection and or substantially similar supplies or services, or such other more favorable test by City at all times and places. If, before final acceptance, any any warranties as is specified in this Agreement. Warranties will be effective Purchase is found to be incomplete, or not as specified, City may reject it, notwithstanding any inspection or acceptance of the Purchase by City. require Seller to correct it without charge,or require delivery of such Purchase at 12.ASSIGNMENT.City may assign this Agreement. Except as to any payment a reduction in price that is equitable under the circumstances. If seller is unable due under this Agreement, Seller may not assign or subcontract the Agreement or refuses to correct such items within a time deemed reasonable by City, City without City's written approval. Should City give consent,it will not relieve Seller may terminate the Agreement in whole or in part. Seller bears all risks as to from any obligations under this Agreement and any transferee or subcontractor rejected Purchases and, in addition to any costs for which Seller may become will be considered Seller's agent. liable to City under other provisions of this Agreement, must reimburse City for 13.INSURANCE. Seller must provide the insurance indicated on the face sheet all transportation costs, other related costs incurred, or payments to Seller in of this Services Agreement. accordance with the terms of this Agreement for unaccepted Purchases. 14.PERMITS. Seller must procure all necessary permits and licenses,and abide Notwithstanding City's acceptance of any Purchase, Seller is liable for latent by all federal,state,and local laws,for performing this Agreement. defects,fraud,or such gross mistakes as constitute fraud. 15.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as 4.CHANGES. City may make changes within the general scope of this an independent contractor and will have control of all work and the manner in Agreement in drawings and specifications for specially manufactured supplies, which is it performed. Seller will be free to contract for similar service to be place of delivery, method of shipment or packing of the order by giving notice to performed for other employers while under contract with City. Seller is not an Seller and subsequently confirming such changes in writing. If such changes agent or employee of City and is not entitled to participate in any pension plan, affect the cost of or the time required for performance of this Agreement, an insurance, bonus or similar benefits City provides for its employees. Any equitable adjustment in the price or delivery or both must be made. No change provision in this Agreement that may appear to give City the right to direct Seller by Seller is allowed without City's written approval. Any claim by Seller for an as to the details of doing the work or to exercise a measure of control over the adjustment under this section must be made in writing within thirty (30) days work means that Seller will follow the direction of the City as to end results of the from the date of receipt by Seller of notification of such change unless City work only. waives this condition in writing. Nothing in this section excuses Seller from 16.WAIVER. City's review or acceptance of, or payment for, work product proceeding with performance of the order as changed. prepared by Seller under this Agreement will not be construed to operate as a 5. TERMINATION. City may terminate this Agreement at any time, either waiver of any rights City may have under this Agreement or of any cause of verbally or in writing, with or without cause. Should termination occur, City will action arising from Seller's performance. A waiver by City of any breach of any pay Seller as full performance until such termination the unit or pro rata order term, covenant, or condition contained in this Agreement will not be deemed to price for the performed and accepted portion of the Purchase. City may provide be a waiver of any subsequent breach of the same or any other term,covenant, written notice of termination for Seller's default if Seller refuses or fails to comply or condition contained in this Agreement, whether of the same or different with this Agreement. If Seller does not cure such failure within a reasonable time character. period, or fails to perform the Purchase within the time specified(or allowed by 17.INTERPRETATION. This Agreement was drafted in,and will be construed in extension),Seller will be liable to City for any excess costs incurred by City. accordance with the laws of the State of California,and exclusive venue for any 6.TIME EXTENSION. City may extend the time for completion if, in City's sole action involving this agreement will be in Los Angeles County. 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 Materials,supplies or services to include: expended by Seller because of the delay;there is no right to recover anticipated profit. Refer to attached Exhibit"A" 7.REMEDIES CUMULATIVE. City's rights and remedies under this Agreement are not exclusive and are in addition to any rights and remedies provided by law. 8.TITLE. Title to materials and supplies purchased under this Agreement pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity to reject. 9.113AYMENT. 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 Agreement. Drafts will not be honored. VOX DJs J, Agreement No. 5259 Performan'ce Agreement VOX www.voxdJ"S9.00 Y, 600 S. Sepulveda Blvd. Suite 211 Manhattan Beach, CA 90266 Toll-Free: 877.3.VOX.DJS Office: 310.372.2222 Fax: 310.372.2223 El Segund,o Centennial Ball �Event Details IEV11;iit Fees went Date: Saturday, January 21, Performance, Fee: $1,970.00 2017 Tentative Load In Time: TBD Overtime Fee Per Half Hour: $150.00 Event Start Time: 6:00 PM Deposit Amount: $985.00 Event End Time: 10:00 PM Event Location lClient Information Automobile El Segundo rCity of El Segundo Contact Person: Kobi Albert SAtee-k- 610 Lairport Street q 3109091579 El Segundo, CA 90245 Service Description (Qty AUDIO EQUIPMENT - $200.00 2) Extra Speaker Contract - Discount Special El Segundo ($505,00) Chamber Discount LIGHTING - Dance Floor Dance Floor Wash 2 $300.00 Color Wash (DMX) Lighting Tripod Trees wl wash lights linked to DMX Controller LIGHTING - Stage $300.00 Lighting Package Misc- Equipment Rental Microphone Stand $25.00 Package 17 - 4 Hour Audio Coverage $800.00 Private/Corporate Event (including 2 speakers, 1 DJ/MC Wireless mic, I wired mic) Event Liability Insurance Policy $1,000,000.00 Agreement No. 5259 Personnel -Audio Personnel - $300.00 Technician Lighting/Video Tech to manage presentation(s) and stage lighting Video Presentation - (2) 135" Rear Projection $550.00 Dual Rear Projection Screens (2) Short-Throw Screens Package Rear Projectors *All necessary cables and adapters to project video content Grand Total: $1,570.00 "Gratuity for the DJ is not included in the total The Following Are Included With All VOX DJs Service Packa • One professional DJIMC. • One professional sound system with industry standard,top of the line sound equipment. •VOX DJs's 35,000 song CD/Digital Music Library. • Equipment set up and break down time. VOX DJs's Unique Redundancy System: One sound technician on call,One set of back up DJ equipment on call,and One back up DJ on call in case of any kind of emergency. • Proof of Insurance-$1,000,000.00 Liability Insurance Policy. •VOX DJs's"Open Door"customer service policy. Neon-Refundable Deposit Reauirement & Cancellation Poli+ v Every event requires a 50%deposit in order to"save the date". In the case of a cancellation less than 30 days following the deposit being paid,50%of the deposit(25%of the total event amount)will be refunded. In the case of a cancellation more than 30 days after the deposit has been received,then the entire deposit amount will be forfeited. If the event is cancelled within 14 Days of the event date then the deposit is forfeited and the remaining balance will still be owed. Event Date Postponement Pollcw In the case of an Event Postponement that occurs 30 days prior to the event date,a surcharge of 10%of the total event amount will be added to the total contract amount in order to"save the new date". In the case of an Event Postponement that occurs within 30 days of the event date,a surcharge of 25%of the total event amount will be added to the total contract amount in order to"save the new date". Pavments Final payment is due two JQ_MLeeks prior to event date. A 10%collection fee is due on any amount left unpaid after the event date. Onsite Meals VOX DJs,unlike bands,do not take breaks. VOX DJs should be provided with a meal and water service If meals and drinks are available to guests. Agreement No. 5259 Insurance VOX DJs will provide a proof of insurance certificate upon request. Sub-Contractor Relationshlrr.Damacie and Liabliltv Client agrees that the legal relationship created by this Agreement between VOX DJs and Client is that of "independent contractor"as distinguished from"Employer-Employee." Therefore,Client agrees that VOX DJs is not responsible for the actions of said event's guests,or liable for any loss, damage or injury to persons or property resulting from the negligence or misconduct of the Client or guests. Client is fully responsible for any damages to and/or losses incurred by VOX DJs due to any unreasonable or illegal activities and/or circumstances created by Client, persons attending, sponsors or persons able to gain access to the event. VOXDJs is responsible for its own negligence or misconduct. Power Reourlrements Power must be availlable within reasonable reach of where the DJ is expected to setup.A typically setup requires only one standard 15amp wall outlet. Venue and Securitv VOX DJs has no control over the chosen venue or event location, VOX DJs is not liable for failures to perform from causes resulting from venue or event location actions,including,but not limited to:Power Failures,Labor Disputes,or Construction. Location of VOX DJs system should allow the equipment to be rolled into position. Client shall provide adequate security,if applicable,for the protection and safety of the DJ, personnel working with the DJ,and VOX DJs's equipment and property Parkin One parking spot needs to be provided for the DJ. If a parking spot is not provided, DJ will self park and present receipt for payment in cash at the event. DJ Substitution Clause In the case of an emergency,sickness,or event beyond the control of VOX DJs that would cause the scheduled DJ to become unavailable for the event,the Client will be notified immediately. VOX DJs will provide a qualified replacement DJ, subject to client approval,of equal caliber for the event. Terms of Contract THIS AGREEMENT SUPERSEDES any and all other agreements,either oral or in writing, between the parties hereto,and contains all of the covenants and agreements between the parties with respect to such performance of services in any manner whatsoever. Each party to this agreement acknowledges that no representations,inducements,promises or agreements orally or otherwise, have been made by any parties which are not embodied herein,and that no other shall be valid or binding. Any modification of this agreement will be effective only if it is in writing and signed between the Client and VOX DJs. Governance This Agreement shall be governed under the laws of the State of Califomia and any action brought pursuant thereto shall be brought in the County of Los Angeles,State of California. Contract Execution This Agreement must be signed below and initialed on the first page, dated and returned to VOX DJs, Inc. to secure the date and personnel for this event. This contract shall be rendered void unless a signed copy of this agreement and the indicated amount are received by indicated Due Date. Please complete any Agreement No. 5259 lornitted information. THIS AGREEMENT, made and entered on 1/4/2017 is between I of El Setaundo and VOX DJs, Inc.The parties have set t eir hands as of the day and year first above written. Agreed: % "�� Date: 01.18 17 C to -Representative Signature Agree : Date Client Signature PLEASE SIGN AND RETURN THIS AGREEMENT