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CONTRACT 4643 One Page Service Agreement CLOSED Agreement No. 4643 tkq le(zalliq Services Agreement CONTRACTOR: SookWhvb DATE:614114 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 Doi les exceed the minimum reausernere meax Include. Commercial general liability Insurance must most or exceed the requirements of ISO-CGL Form No.CO 00 011186 or 88. The amount of Insurance set forth below will be a combined single llmft per occurrence for bodily injury,personal Injury,and pri 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 "0i 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 Cay, 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 worl� g9Mpnbensive General(.lability,including coverage for promises, products and completed operations,Independent contractors, personat Injury and contractual obligations vAth combined single limits of coverage of at least$1.000.000 per occurrence. CONTRACTOR will require Its Insurer to modify such, certificates to delete any exculpatory wording stalling that failure of the Insurer to mall written notice of cancellation Imposes no obligation, and to delete the word "endeavor"with regard to any notice provisions. jZ Auto Usbilltv,Including owned,non-owned and hired vehicles with at least- $1.000.000 per occurrence. ❑ 51M00-300.MD per occurrence. f-1 As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. S Workers' CQmDensadon Insurance: as required by State Statutes. (Not needed If Self-employed with no employees and CONTRACTOR signs statement to this effect) n Buslw Uoi The CONTRACTOR shall agree to have a current City of 8 Segundo license on file at City Hall or purchase said license(at no cost to the City). 0 Permits Plans must be approved and permit(s) Issued (no fee) by the Planning and Building Sarely, I appropriate. Call to Planning Manager @(310)624-2340 if you have questions. PLEASE NOTE- ALL APPUCABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE MM BEING SENT To YOU MA FAX OR HARD COPY) BY THE RISK MANAGERIPURCAIASING AGENT,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY Submitted by(Cooleto all blankst CwnpaLe�r a: By(Print Scott aThe SoOtt Whyte Bard) Company 5ot Address* is M 12 Opt e +h szip: Date signed: Manhatate,ttan Beach,CA,90266 X, Phone: FAX 314-594-2260 V Emall address- Vendor's Web site: Mall original agrearnent and Insurance to:City of 8 Frdgundo-C Clark 350 Main Street,Room 5,8 Segundo,CA 9, 3 OrighatodDepartrnent Cadea- Do Appmed: Department Had at: ED 0! R 4 DdeAppm APOWO. CITY Cii City manaeer (;reg cartD)enter. Agreement No. 4643 1,GENERALLY. The materials, supplies, or services (cdlectively, ' &PAYMENT. City will pay Seller after receiving acceptable Invoices for "Purchase l covered by this services agreement and purchase order materials and supplies delivered and accepted or services rendered and Corder') must be furnished by Seller subject to all the terms and accepted. City will not pay cartage, shipping, packaging or boxing conditions contained In this order which Seger, In accepting this order, expenses unless specified in this order. Drafts will notbe honored. agrees to be bound by and comply with in all particulars. No other terms OJNDEMNIFICATION. Seller agrees to indemnk 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. Whiten acceptance or shipment of all or any portion of the without Imitation, attorneys 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 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 same 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,Seller will defend City(at City's 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 ZINSPECTION. The Purchase fumished must be exactly as specified In purposes of this section"Cly includes City's officers,elected officials, this order, free from all defects in Setters performance, design, and employees. It is expressly understood and agreed that the workmanship, and materials, 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 Seiler, and any approval of such Insurance by City, are specified,City may reject it,require Seller to correct it without charge,or not Intended to and will not In any manner limit or quality the liabilities require delivery of such Purchase at a reduction in price that is equitable and obligations otherwise assumedi by Seller pursuant to this order, under the circumstances. It 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 WWARRANTY. Seller agrees that the Purchase 6 covered by the order In whole or In pad. Wet bears all risks as to rejected Purchases most favorable commercial warranties the Seller gives to any customer and,In addition to any costs for which Seller may become liable to City 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 Incurred,or payments to Seller be effective notwithstanding any inspection or acceptance of the In accordance with the terms of this order for unaccepted Purchases. Purchase by City. Notwithstanding City's acceptance ol'any Purchase, Seller Is liable for 11ASSIGNMENT. City may assign this order. Except as to any latent defects,fraud,or such gross mistakes as constitute fraud. payment due under this order,Seller may not assign or subcontract the 3.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 specifloations for specialty manufactured supplies, relieve Wet from any obligations under this order and any,transferee or place of delivery,method of shipment or packing of the order by giving subcontractor Wit be considered Sellers agent, notice to Seller and subsequently confirming such changes in writing, It 12.)NSURANCE. Seller must provide the Insurance Indicate if 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 13YERMITS. Seller must procure all necessary permits and licenses, be made. No change by Seller Is allowed without City's,written approval. and abide by all federal,state,and local laws,for performing this order. Any claim by Seller for an adjustment under this section must be made 14JNDEPENDENT CONTRACTOR. City and Seller agree that Wier in writing within thirty (30) days, from the date of receipt by Wier of will act as an Independent contractor and Wit have control of all work notification of such change unless City waives this condition In writing, and the manner In which is it performed. Seger wit 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. Seger Is not an agent or employee of City,and Is not 4. TERMINATION, City may terminate this order at any time, either entitled to participate in any pension plan, insurance,bonus or similar verbally or in,writing, with or out 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 termination the unit or may appear to give City the right to direct Seiler as to the details of doing pro rate order price for the performed and accepted portion of the the work or to exercise a measure of control over the work means that Purchase. City may provide written notice of termination for Sellers Seller will follow the direction of the City as to end results of the work default if Seller refuses or falls to comply with this order. It Seger does only. not core such failure within a reasonable time period,or fails to perform IS.WAIVER. Clys review or acceptance of, or payment for, work the Purchase within the time specified(or allowed by extension),Seger product prepared by Seger under this order will not be construed to Wit 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 5JIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Seller's performance. A waiver by Clys sole determination,Seller was delayed use of causes beyond City of any breach of any term,covenant,or condition contained in this Settees control and wilitiout Seller's fault or negligence. In the event order will not be deemed to be a waiver of any subsequent breach of the delay was,caused by City,Seller's sole remedy is,limited to recovering same or any other term,covenant,or condition contained in this order, money actually and necessarily expended by Seller because of the whether of the same or different character. delay-,there Is no right to recover anticipated profit. %INTERPRETATION. This Agreement was drafted in,and will be &REMEDIES CUMULATIVE City's rights and remedies under this order construed in accordance with,the laws of the State of Caftmia,and are not exclusive and are in addition to any rights and remedies provided exclusive venue for any action Involving this agreement will be In Los by law. Angeles County. 7XITLE. Title to materials and supplies purchased under this order pass directly from$Wier to City upon Clys written acceptance following an actual inswdon arj2ys o porturrity to rem. Agreement No. 4643 City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT 11W—SCOPE OF SERVICES SCOTT WHYTE and band members agree to provide live singing services for City of El Segundo's 2014 Fourth of July Celebration: • Location: El Segundo Softball Field • Date: Friday,July 4,2014 • Hours: 5:00pm-7:00pm • Band consists of three to five performers. • City of El Segundo agrees to provide sound and stage. • City agrees to pay contractor at the completion of services on July 4,2014. • Any changes to dates and times will require an approval from Recreation&Parks Department. EXHIBIT 111311—COMPENSATION SCHEDULE. • City agrees to pay SCOTT WHYTE for the performance of such services,the sum of- Eight hundred and seventy five dollars($875).