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CONTRACT 5252 One Page Service Agreement CLOSED Agreement No. 5252 Services Agreement SELLER: Rustv Frank DATE MAILED: 11912017 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 1185 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. signs Workers' Comoensation ) � y e Statutes. (Not need if -employed with no employees and SELLER statement to this effect ranee. as required b �. � , V needed Self-employed M, State ® 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 picture G.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 by(complete all blanks): n:''°011.fl'°III'i',e"°%`''ull'u,Y' II'Y,Illllllla"„NII„pull''"i'IiIC;° II;iIA-% "`I4 °1), `II""Ih°°Illil' ^„"II"n",ii„ Company Name Seller B P Rusty game title): Rus Franknnt d Com p an y Street Address: Vendors �gthoriz e: "Signature required: 225 Whiting Street City,State,Zip: Date signed: El Segundo,CA 90245 Phone: FAX: (310)606-5606 Vendor's Email address: Vendor's Web site: mfo rus ank.com _ grrl6,ccIn Mail original agreement Barbara insurance to:Cit of M Segundo—City a am Street,.,.Room 5,El Segundo,fi90245-38113�5�8�1' 3 Originator/Department Contact: V . Dateniated ..�. .. . " Pntar Ap rova, Date Appr, Ci fit � ��r. rn tY > ° Rusty Frank Agreement No. 5252 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$3,300(Three Thousand Three Hundred)for the City,are not intended to and will not in any manner limit or qualify the liabilities work. City will pay for work as specified in the attached Exhibit"A," which is and obligations otherwise assumed by Seller pursuant to this Agreement, 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 11INSURANCE. 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" TREMEDIES CUMULATIVE. City's rights and remedies under this Agreement are not exclusive and are in addition to any rights and remedies provided by law. &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.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 Agreement. Drafts will not be honored. Rusty Frank Agreement No. 5252 Exhibit A Rusty Frank 225 "iting Street El Segundo, CA 90245 (310) 606-5606 INVOICE# DATE 121216 January 3,2017 BILL TO: (, City of El Segundo Barbara Voss El Segundo Economic Development bvoss @elsegundo.org DESCRIPTION AMOUNT Total Fee $3,300 Services: Master of Ceremonies:Maxwell DeMille Dance Team: Four dance couples(8 dancers)perform routines, 1917-present Talent Organizer and Event Liason:Rusty Frank Event will provide: Hot Dinners for all talent (10 meals total),plus snacks and drinks(water and soft drinks) Dressing room/Green Room Sound person to play music for all dance numbers Note: Please make sure the dance floor is cleared of any debris before each performance number. Event: Saturday,January 21,2017 El Segundo Centennial Ball Automobile Driving Museum Deposit: 50%deposit,payable to Rusty Frank,by January 5,2017. 50%final payment,payable to Rusty Frank,handed to Rusty at completion of event 1/21/17 Check payable: TOTAL $3300.00 Rusty Frank If you have any questions about this invoice,please contact Rusty Frank,310 606 5606,info @rustyfrank.com