CONTRACT 5518 One Page Service Agreement CLOSED Agreement No. 5518
i
reement
c NTRACTm Jean-:Louis Boudreau(for Main St Band) DATE MAILED: 03/20118
Below you will find a checklist relafing to Insurance and other requirements that are required for doing business with the City of EI
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
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carred 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.
® Comorehensive General Liab'illiv, 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 Liabilitv,including owned,non-owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ $1 K000.300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Comoensa i n is ur°rte: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License.The CONTRACTOR shall agree to have a current City of EI 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 Community, Economic and Development Services
Department if appropriate. Call the Building Manager @(310)5242345 if you have questions.
❑ Coov of valid Picture 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 (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Submitted by fcomolete all blanks: COLOR C,01"Y'IRl QUi11"tlED IB CK11F0 71111 C]"I"Y
deean-Lou s Boudreau(for Main St.Band)pany Name: By( rtgl ,� AS R
. V n name ed Yi�ture re wired:
Company Street Address. e o q
406 Maryland St.
City„State,Zip: Date sig d: S,
El Segundo,CA 90245 I S�
Phone: FAX � tt
3101720-9360 N.IA
Vendor's Email address:
I�boudreauconstruction.corn
Mail original agreement and insurance to:City of EI Segundo—City Clerk 350 Main Street,Room 5,EI Segundo,CA 90245.3813
06ginator pertinent Contact: RvanDelapdo D initiated:
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N�epartr�ent Mead Approvai: Date Approved:
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Agreement No. 5518
1.GENERALLY. The materials, supplies, or services (collectively, &PAYMENT. City will pay Seller after receiving acceptable invoices for
'Purchase's covered by this services agreement and purchase order , materials and supplies delivered and accepted or services rendered and
("orders must be fumished 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 &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, attorney'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 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 wdl 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
2.INSPECTION. The Purchase fumished 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 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 Seller, 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 qualify the liabilities
require delivery of such Purchase at a reduction in price that is equitable and obligations otherwise assumed by Seller 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. Seller 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 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 of 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 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 12.INSURANCE. 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 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 %INDEPENDENT CONTRACTOR. City and Seller agree that Seiler
in writing within thirty (30) days from the date of receipt by Seller of will act as an independent contractor and will have control of all work
notification of such change unless City waives this condition in writing. and the manner in which is it performed. Seller 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 at any time, either entitled to participate in any pension plan, insurance, bonus 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 termination the unit or may appear to give City the right to direct Seller as to the details of doing
pro rata 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 Seller's Seller will follow the direction of the City as to end results of the work
default if Seller refuses or fails to comply with this order. If Seller does only.
not cure such failure within a reasonable time period,or fails to perform 15.WAIVER. City's 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
5.TIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Sellers performance. A waiver by
City's sole determination,Seller was delayed because of causes beyond City of any breach of any term,covenant,or condition contained in this
Sellers control and without Sellers 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. Sailers 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 wit be
&REMEDIES CUMULATIVE.City's rights and remedies under this order construed in accordance with the laws of the State of California,and
are not exclusive and am in addition to any rights and remedies provided exclusive venue for any action involving this agreement will be in los
by law. Angeles County.
T.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual Inspection and City's opportunity to reject.
Nein St.Band 3120118
Agreement No. 5518
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo,CA 90245
EXHIBIT"A"—SCOPE OF SERVICES
JEAN-LOUIS BOUDREA and the Main Street Band agree to provide live entertainment for the City of EI Segundo's 41h of
July event
• Location:401 Sheldon Street
• Date:Wednesday,July 40,2018
• Hour.6:00pm-9:00pm
• City of EI Segundo will provide sound and stage.
fib, Any changes to date and times will require an approval from the Recreation&Parks Department.
EXHIBIT"B"—COMPENSATION SCHEDULE
City agrees to pay JEAN-LOUIS BOUDREAU for the performance of such services,the sum of:
o Nine Hundred and Seventy-Five Dollars and Zero Cents($975.00)
Main SL Band 3 AMB