CONTRACT 5596 One Page Service Agreement CLOSEDAgreement No. 5596
Services Agreement
CONTRACTOR: ' DATE MAILED: 10103118
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of 0
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 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 rind additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Comprehensive 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 Liabilityincluding owned, non -owned and hired vehicles with at least:
® $1.000.000 per occurrence.
❑ $100.000 - 300,000 per occurrence.
❑ As required by Stale Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Worker " Compensation Insurance, as required by Stale 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 El 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) 524-2345 if you have questions.
❑ C of valid iclure I.Q.(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.
rdbJito-d by fcorn kte all blauksl COLOR COPY REQUIRED BACK TO THE CITY
Company Street Address: Vend 1r"s At orized Signals
11278 Los Alamitos Blvd. #101 ---
City, State, Zip: Data signed;
Los Alamitos, Ca 90720 / d .T / %'
Phone: FAX;
iti 21799-7737 Z - -2
Mail original agreement and Insurance to: City of EI Segundo - City Clark 350 Main Street, Room 5, EI Segundo, CA 90245-3813
OriginatorlDepertment Contact Ryan Delando I Date Initiated:
Department Heed Appravah A OA Date Approved; LiOle /,F
Finance Approvet. Date Appmved:
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cc: Business ucense; City elldi; urthesfor; Agent; Requesting Dept narns -
Fiesta De Carnival A FARM:
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1.13ENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance or ell
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent Thal such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
tinder the circumstances. If seller Is unable or refuses to correct such
items within a lime deemed reasonable by City, City may terminale the
order In whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any coals for winch Seller may become liable to City
tinder other provisions of this order, must reimburse City for all
transportation costs, olher related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seger is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3 -CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
Mace of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or [he lime required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's wrftlen approval.
Any claim by Seger for an adjustment under this section must be made
in writing within thirty (30) days from the dale of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminale this order at any time, either
verbally or in writing, wilh or without cause. Should termination occur,
City will pay Seger as full performance until such lamination the unit or
pro rata order price for the performed and accepted portion or the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable lime period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for arty excess costs incurred by City.
5.TIME EXTENSION. City may extend the lime for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Sellers fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limiled to recovering
money actually and necessarily expanded by Seller because of the
delay; there is no right to recover anticipated profit.
6.11REMEDIES CUMULATIVE. City's rights and remedies under this order
ere not exclusive and are in addition to any rights and remedies provided
by law.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seger to City upon City's written acceptance following
an actual Inspection and CRY'S opportunity to relecl.
Agreement No. 5596
&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 order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnity and hold City
harmiass from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit or should any claim be brought against it by suet or otherwise,
whether the some be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnity City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of [his section "Clly' Includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not 'intended to and will not in any rnanner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning Indemnification.
10.11WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the some or substantially similar supplies or services, or such other
more favorable warranties as Is specified In this order. Warranties will
be effective notwithstanding any Inspection or acceptance of the
Purchase by City.
11ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under Iles order and any transferee or
subcontractor will be considered Seller's agent.
12JNSURANCE Seller must provide the insurance indicated on the
face sheat of this Services Agreement.
13.PERMFTS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seger
will act as an independent contractor and will have control of all work
and the manner In which Is it performed, Seller will be free to contract
for similar service to be performed for other employers while under
contract with City. Seger is not an agent or employee of City and is not
entitled to perticipate in any pension plan, Insurance, bonus or similar
benefits City provides for its employees. Any provision in this order that
may appear to give City the right to direct Seller as to the details of doing
the work or to exercise a measure of control over the work means that
Seger will follow the direction of the City as to end results of The work
only.
15.WAIVER City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising from Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained in this order,
whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the Slate of California, and
exclusive venue for any action involving this agreement will be In Los
Angeles County.
Fiesta De Carnival 1013118
Agreement No. 5596
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo CA 90245
EXHIBIT "A" —SCOPE OF SERVICES
Fiesta De Carnival agrees to provide the following for The City of EI Segundo's Tree Lighting Event
Date: December 8, 2018
Location: Main and Mariposa
Hours: 3:OOpm-7:OOpm
1- Real Bearded Santa- full santa outfit 4hrs. $480.00
1- Holiday Trackless Train-driver included 4hrs. $750.00
Seluplteardownl delivery 3hrs. $75.00
EXHIBIT "B" — COMPENSATION SCHEDULE
City Agrees to pay the contractor One thousand three hundred and five dollars ($1,305)
Fiesta De Carnival 101311e 7;,—