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CONTRACT 5261 One Page Service Agreement CLOSED 5261 Services Agreement �t SELLER: Esquires DATE MAILED: 11912017 Below you will find a checklist relating to Insurance and other requirements that are required for doing businesrs-witft-t ll t y'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. ® �murehensivq 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. ® "porkers'Compensation Insurance:as required by State Statutes. (Not needed if Self-err ployed with no employees and SELLER signs statement to this effect.) *��01)_4 � �4 L ��� "' 01�an- Business License:The SELLER agrees a`ren'f City X EI egun on file at City Nall or purchase said license (at no cost to the City), n yr ',r'i' �44r Al �4JJ4 " r � �� .+- ❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate Ca l�the Planning Manager @(310)524-2340 if you have questions, ❑ ooy of valid picture 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 by(complete all blanks: COLOR COPY REQUIRED BACK TO THE CITY Company Name("Seller"): By ;rint name&title): Esquires "` �� �n�itn 170' ow' Company Street Address: 'Venda re requi ed: 7909 Quill Drive City,State,Zip: Date signed- Downey, CA 90242-3441 / r7 Phone: FAX: 562)743-1609 Vendor's Emall address: Vendor's Web site: ebbrundin @juno.com WavW esq,r,tires.�r g � City g City Street,Room 5,El Segundo,CA 90� 45-;3W13 - Mail original i a agreement and in p;Ci of El Segundo—Ci Clerk 350 Main S r Date initiated: Originator/Department inator/De artmen Contact..._..,, ( x-3--1 q pproval: (., . - Date Ataprayed ' Insurance A � � City er Crly terlr _. Cray ttouney y � .,,,�_, Esquires 5261 1.GENERALLY. The materials, supplies, or services (coltectivel'y, "Purchase") ' 10.INDEMNIPICATION, 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 to 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 officiats, 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 terminaliion 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$900(Nine Hundred Dollars)for the work.City City,are not intended to and will not in any manner limit or qualify the liabilities will pay for work as specified in the attached Exhibit"A,"which is incorporated by and obligations otherwise assumed by Seller pursuant to this Agreement, 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 11ASSIGNMENT.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,Salter 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 i 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 Sellers 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 I 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. 9.13AYMENT. 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. Esquires r x • �p 4"+- A 5 To. Barbara Voss 350 Main Street ESQUIRE MUSIC FOUNDATION El Segundo, CA 90245 �~- bvossC elsequndo.ora (310) 524-2389 (Barbara) A nonprofit foundation for teaching and From: Eric D. Brundin, Director Preserving great American E*gand music 7909 Quill Drive Federal ID#: 95-6205416 Downey, CA 90242-3441 State ID#: D-0536840 a (562) 743-1609, ebbrundin(U),iuno.com January 14, 2017 Dear Barbara, Thank you for inviting the Esquires to share the talent and enthusiasm of our young people with you and your guests. We look forward to providing the authentic sounds of the Big Band era to make your event all the more special. Per our discussion, the Esquires agree to play according to the following arrangements: FUNCTION: El Segundo Centennial Ball DATE: Saturday, January 21, 20171 LOCATION: Automobile Driving Museum 610 Lairport Street, El Segundo, CA 90245 FEE: $900.00 OTHER Band in tuxedos. Set up will begin at 5:00. ARRANGEMENTS: Band will be fed. TIME: from: 6:00 PM until: 10:00 PM Please check off all of the information that is correct and change anything that may be incorrect. When all the information is correct please sign two copies of this agreement and return both to the above address. We will return to you a signed copy for your records. No deposit is required. We ask that full payment of the agreed upon performance fee be made on or before the performance date. Please make your check payable to Esquire Music Foundation, and if necessary, send payments to the address above. This document also serves as your receipt. If a cancellation occurs, the courtesy of a donation to the Esquire Music Foundation would be appreciated to help cover lost revenue due to the loss of your event. Event Music Coordinator: Signature Date 5&yd4m Representative: Signature Date Thank you supporting the best music ever known!