CONTRACT 5434 One Page Service Agreement CLOSED Agreement No. 5434
Nov 3017 06:48p Zebra Entertainment&Ev 8183047558 p.1
a�- isAgreement
CONTRACTOR: Zebra Er6E rtaam ent and Events DATE MAILED: 11127/17
Below you will find a checklist relating to 'insurance and other requirements that are reg0red for doing business vdththe City of 8
Segundo. Only those items decked-off am MANDATORY,however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance roust meet or exceed the requirements of ISD-CGL Form No.CG 00 011185 or
8B. 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"additlonal
insured's" under said insurance coverage and to state UW such insurance will be deemed "primary' such that any other
Insurance that may be carried by the City wril be excess thereto. Such insurance must be on an "occurrence; not a"clams
made,' basis and veil not be cancelable or subjeu t to reduction except upon thirty (30)days prior written notice to the qty.
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.
® Comorehensive General Liabilitv,, 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.
® Arrt Iilit , irt?srl st: d d,
® $1.000.000 per occurrence.
❑ 100.000-30ft.000 per occurrence.
❑ As required by State Statures. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Comoen,salion Insurance: as required by State Statutes. (Nol needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License;The CONTRACTOR shat agree to have a current City of FJ Segundo license on file at City Hal or purchase
said license(at no cost to the City).
❑
Permits: Plans must be approved and permil(s) issued (no fee) by the Community, Economic and Development Services
Department if appropriate. Call the Building Manager @(310)524-2345 if you have questions.
❑ g2Ry of valid rticture I.D.(Drivers license etc.) -
PLEASE NOTE ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (1M FAX OR HARD COPY) BY THE RISK MANAGEWURCHASING AGM, THUS AUTHOROIG
COMMENCEMENrOFWORKFORTHECITY.
Submn ed by lomolete all blarikst COLOR COPY REQUIRED BACK TO THE CITY
Company Name: By(Prlr4 fl e ft).
Zebra 1 024 rr/S aid dand Events
Cam ...
Balb
parry S Address: Vendor's AuUwri �n
Blvd.#118 r Y`d
Cada Him Date signed,
Gra
Phone: FAX �O
(818)3 -2818 (818)3047558
Vendors Eman address
inn x enteoainrnentandevenl .corn
Mail original agreement and Insurance to:City of EI Segundo—City Clark 350 Main Street:Room 5,EI Segundo`CA 90245-M3
OdginalorlDepertarenl Cbrrtad: nwww� . ... .. Dale�� ..
Head AWmt Dale
..
FtAanoe Dale ApMaC
tr~eusinass U, sing Agarrt;Regeeetlrrg Dept.nine X}
Zebra S ,.. .i l 11)27117 �� r
.,.'
ityilijlth"J 1.. ,.... .., j
Agreement No. 5434
Nov 3017 06:48p Zebra Entertainment&Ev 8183047558 p.2
1.GENERALLY. The materials, supplies, or services (collectively, B.PAYMIENT. City will pay Seller after receiving acceptable invoices for
'Purchasel covered by this services agreement and purchase order materials and supplies delivered and accepted or services rendered and
Corder) must be fnnmished by Seller subject to all the terms and accepted. City will not pay cartage, shipping, packaging or boxing
conditions contained in this order which Seller,in accepting this order, . expenses unless specified in this order. Drafts will not be honored.
agrees to be bound by and comply with in all particulars. No other terms 9.INDEMNIFICATION. Seller agrees to indemnify and hold City
or conditions are binding upon the parties unless subsequently agreed to harmless from and against any claim,action,damages,Costs(including,
in writing. Written acceptance or shipment of all or any portion of the without limitation,attomey's fees),injuries,or liability, arising out of the
Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order,or their performance. Should City be named in
terms and conditions in this order. The terms of any proposal referred to II any suit,or should any claim be brought against it by suit or otherwise,
In this order are Included and made a part of the order only to the extent whether the some be groundless or not,arising out of the Purchase or
it specified the Purchase ordered,the price,and the delivery,and then order,or their performance.Seger will defend City(at Cil}rs request and
only to the extent that such terms are consistent with the terms and with counsel satisfactory to City)and Indemnify City for any Judgment
conditions of this order. rendered against it or any sums paid out in settlement or otherwise.For
Y.INSPECTION.The Purchase furnished must be exactly as specified in purposes of this section'City'includes City s officers,elected officials,
this order, free from all defects in Seller's performance, design, and employees. It Is expressly understood and agreed that the
workmanship, and materiels, and, except as otherwise provided, is foregoing provisions will survive termination of this order. The
subject to inspection and test by City at all times and places. If,before requirements as to the types and limits of insurance coverage to be
final acceptance,any any Purchase is found to be incomplete,or not as maintained by Seller, and any approval of such Insurances by City, are
specified,City may reject it,require Seger to correct it without charge,or not Intended to and will not In any manner limit or qua'W the liabilities
require delivery of such Purchase at a reduction In price that is equitable and obligations otherwise assumed by Seger pursuant to this order,
under the circumstances. If seller is unable or refuses to correct such including,without limitation,to the provisions concerning Indemnification.
items within a time deemed reasonable by City, City may terminate the 10.WARRANTY. Sella agrees that the Purchase is covered by the
order In whole or in part. Seller bears all risks as to rejected Purchases most favorable commercial warranties the Seller gives to any customer
and, in addition to any oosts for which Seller may become liable to Char for the same or substantially similar supplies or services,or such other
under other provisions of this order, must reimburse City for all more favorable warranties as Is specified in this order. Warranties will
transportation costs,other related costs incunT4 or payments to Seger be effective notwithstanding any inspection or acceptance of the
in accordance with the teras of this order for unaccepted Purchases. Purchase by City.
Notwithstanding City's acceptance of any Purchase, Seller is gable for 11.ASSIGNMENT. City may assign this order. Except as to any
latent defects,fraud,or such gross mistakes as constitute fraud. payment due under this order, Seger may not assign or subcontract the
&CHANGES. City may make changes within the general scope of this order without City's written approval. Should City give consent;it will not
order in drawings and specifications for specially manufactured supplies, relieve Seller from any obligations under this order and any transferee or
place of delivery,method of shipment or packing of the order by giving subcontractor will be considered Seller's agent
notice to Seller and subsequently confirming such changes In writing. If 11INSURANCE Seller must provide the Insurance indicated on the
such changes affect the cost of or the time required for performance of face sheet of this Services Agreement
this order,an equitable adjustment in the price or delivery or both must 13.PERMITS. Seller must procure all necessary permils and flosnses,
be made. No change by Seller is allowed without Cltara written approval. and abide by erg federal,state,and local laws,for performing this order.
Any claim by Seller for an adjustment under this section must be made 14.I1SIDEPENDENT CONTRACTOR. City and Seger agree that Seger
in writing within thirty (30) days from the date of receipt by Seger of will act as an independent contractor and will have control of all work
notification of such change unless City waives this condr'b'on in writing. and the manner in which is it performed. Seger will be free to contract
Nothing in this section excuses Seller from proceeding with performance for similar service to be performed for other employers while under
of the order as changed. contract with City. Seller is not an agent or employee of City and Is not
4. TERMINATION. City may terminate this order of any time, either entitled to participate in any pension plan, insurance,tonus or similar
verbally or in writing,with or without cause. Should termination occur, , benefits City provides for its employees. Any provision in this order that
City will pay Seller as full performance until such termknotion the unit or may appear to give City the rig ht to direct Seller as to the details of dobg
pro rata order price for the performed and accepted portion of the Bre work or to exercise a measure of control over the work means that
Purchase. Crky may provide written notice of termination for Setters ' Seller will follow the direction of the City as to end results of the work
default if Seger refuses or falls to comply with this order. If Seller does f only.
not cure such failure wfthln a reasonable time period,or fago to perform 115.WAIVER. Crams review or acceptance of, or payment for, work
the Purchase within the time specified(or allowed by extension),Seller product prepared by Seller under this order will not be construed to
will be liable to City for any excess costs incurred by City. operate as a waiver of any rights City may have under this Agreement or
9,TIME EXTENSION. City may extend the time for completion if, In of any cause of action arising from Sellers performer". A waiver by
Glans sole determination,Seger was delayed because of causes beyond City of any breach of any term,covenant, or condition contained in this
Setters control and without Seller's fault or negligence. In the event order will not be deemed to be a waiver of any subsequent breach of the
Way was caused by City.Seller's sole remedy is limited 10 recovering same or any other term,covenant,or oonditon contained in this order,
money actually and necessarily expended by Seller because of the , whether of the same or differed character.
delay,there Is no right to recover anticipated profit. 1UNTERPRETATION. This Agreement was drafted in,and will be
&REMEDIES CUMULATIVE.Cdyrs rights and remedies under this order construed In accordance with the laws of the State of California,and
are not exclusive and are In addition to any rights and remedies provided exclusive venue for any action InvohAng this agreement will be In Los
by law. I Angeles County,
7 TITLE. Tide to materials and supplies purchased under this order
pass directly from Seller to City upon Citlrs written acceptance following
an actual hispK*n and CIty s opportune r to reject
Zebra Entertainment 11/27/17
Agreement No. 5434
Nov 3017 06:52p Zebra Entertainment&Ev 8183047558 p.4
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo CA 90245
EXHIBIT"All—SCOPE OF SERVICES
ZEBRA ENTERTAINMENT agrees to provide services for EI Segundo's Special Events.City Agrees to pay the
contractor on an as'needed basis an amount not to exceed four thousand dollars(54,000).
2o6m Enledaln nt MUM