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CONTRACT 5391 One Page Service Agreement CLOSED Agreement No. 5391 Services Agreement axowcm Cmrel n/xior m DATEM4ILED 9227 Below you will find a checldist relating to Insurance and other requirements that are regiared for doing business Wth the City of B Segundo Only those items dv aed-off are IMNI ATOPY, however if your standard policies exceed the mr imum reWrernents please include. Commercial general liability insurance must meet or exceed the requirements of 180-CGL Form No. CG 00 011185 or 88. The amarid of insu.eanoe set forth below will be a comtJined single limit per occurrence for bodily injury,personal in>juxy,and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as"additional insured's" 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 mist 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 authorizEdiol to begin work. ® r UaUlty, including coverage for prernses,produces and corrpleted operations,independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least$1.000.000 per oodxrrenm. ® Ato L iabilibf,inducing armed,non-awned and hired vehicles with at least ❑ $1.000.000 per anuence. ❑ $100.000-300.000 per ooa.urence. ❑ As required by Stade Statutes. A copy of your current t policy mist be submitted naming yourself arta oryour company. ® tion Insurance: as reclired by State Stahates. (Not needed if Self-errplcyed with no employees and signs statement to this effect.) ❑ Business License:The CONTRACTOR shall agree to have a current City of B Segundo license on file at City Full or purchase said license(at no cost to the City). ❑ Permits: Plans must be approved and permits) issued (no fee) by the Community, l=oonorric and Development Services Department if apprcpdate. Call the Building Manager @(310)5242345 if you have questions. ❑ C'orov of valid Didure I.D.(Drivers license eta) PLEASE NOTE ALL APRJCABLE INF7fTidtATICN LISTED ABOVE MJST BE CBTAINED AND ON RL F, PPICR TO THE ISSIANCF CF A MY RF -LASE CFS BEING SENT TO YOU (VIA FAX CR HARD CCPY) BY TIf RISK MANAGlFftRq-IkSING AGENT, TIS AUfHMIZING CFVCW RORTYcny Subnitted taw(oon'dde SII U ): COLOR COPY REQUIRED BACK TO THE CITY Company Name: Pot r I name&title): O n 1,1 Cam'd Madonna c r ao r u 2'6121a'21'St. `�'� ci State Zi Redaido B ,Ca 901277 ">�ate�g� 2 Z Phone: FAX (310)9131945 VendWs Email address: Mail original agreement and insurance to:city of B Segundo—City Clerk 350 Mein Street,Room 5,B Segundo,CA 90245-3813 aignAWDepertrrert Catad: Dayan t We idled °Watrrert Head Approval: tDate Approved a FirrenceApprov* ,:, w °w M ., Ewe Awroved o:Business Luteus;aty Clerk;NrchaslngAgent;Requesting Dept.name- APPR ' DA ,TO FORM. T ' p ` Carmel Madonna r , 0� ATTORN 9017 mss..,- ,,,..... �." P. �. �.�::...r A � �� ofEl � * Agreement No. 5391 1.GENERALLY. The materials,su lien -- m ...... Seller covered by this Services Agreement('Agreement°)must be furnished by Seller andNa against any claim, action, pp , or services(collectively,'Purchase') g y damages,indemnify osis (land hold Cil harmless from.. City from mg, without limllalion, 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 [his 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 Cilys 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 lerminatton of terms and conditions of[his 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$18,676.89(Eighteen Thousand Six Hundred City,are not intended to and will not In any manner fVmit or qualify the liabilities Seventy-Six Dollars and Eighty-Nine Cents)for the work.City will pay for work as and obligations otherwise assumed by 'Seller pursuant to this Agreomont, specified in the attached Exhibit'A,'which is incorporated by reference, Including,without limitation,to the provisions concerning Indemnification. 3.INSPECTION. The Purchase furnished must be exactly as specked 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 Purchase is warranties as is specified In this Agreement. Warranties will be effective found to be incomplete,or not as specified,City may reject it, require Seller to notwithstanding any inspection or acceptance of the Purchase by City. correct it without charge,or require delivery of such Purchase at a reduction in 11ASSIGNMENT.City may assign this Agrooment, Except as to any payment price that is equitable under the circumstances. If seller is unable or refuses to due under this Agreement,Seller may no@ assign or subcontract the Agreement correct such items within a time deemed reasonable by City,City may terminate without City's written approval. Should)City give consent,it will not rellevo Seiler the Agreement in whole or in part. Seller bears all risks as to rejected Purchases from any obligations under this Agreement and any transferee or subcontractor and, in addition to any costs for which Seller may become liable to City under will be considered Seller's agent, other provisions of this Agreement, must reimburse City for all transportation 13.INSURANCE. Seller must provide the insurance indicated on the face sheet costs,other related costs incurred,or payments to Seller in accordance with the of this Services Agreement. terms of this Agreement for unaccepted Purchases. Notwithstanding City's 14.PERMITS. Seller must procure all necessary permits and licenses,and abide acceptance of any Purchase, Seller is liable for latent defects, fraud, or such by all federal,state,and local laws,for performing this Agreement. 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 eniltled 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 maasuite 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. Clty'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 broach 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 VIME EXTE'NS'ION. City may extend the time for c4mptetfon if,in City's sole action involving this agreement will be in Los Angeles County. determination, Seller was delayed because of causes beyond Sellers 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"and Exhibit'B" 7.REMEDIES CUMULATIVE.City's rights and rem@dies 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. _�.. ...._ �...... _ _ ._......... .m .. Agreement No. 5391 City of B Segundo Recreation and Parks Department 401 Sheldon Street B Segundo CA 90245 EXHIBIT"K— E OF SERACES CARK/IEL WDC)"agrees to provide palm reading senhoes for the City of B Segur dds 2017 Hallaween Frolic Celebration: MI Location:Nbin St. B Segundo MI Date: Tuesday,October 31,2017 t° Flours: 3.15 a-T15pm IEI Any dear ps to dates and times will require approval from REaeation&Parks merit. EXHIBIT"B" --COMPENSATONSCHEDI.,LE City agrees to pay CAFKVEL WDW Afor the perforrriance of such services,the sum of two hundred dollars($200.00). Cartmel Madonna 9/20/17