CONTRACT 5732 One Page Service Agreement CLOSEDIt
CONTRACTOR: Shawn Blakely for Midnight Ride
Agreement No. 5732
,Services Agreement
DATE MAILED: 05121/19
Below you will find a checklist relating 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 wig be endorsed to name the City, its officials, and employees as "additional
insureds" 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 find additional Terns and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Comorehensive 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 Liabilihr, including owned, non -owned and hired vehicles with at least:
® $1.000.000 per occurrence,
❑ 5100.000 -'300,000 per occurrence.
❑ As required by Slate Statutes. A copy of your current policy must be submitted naming yourself and or your company,
®
Workers' Comoonsation Insurance; 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) 524-2345 if you have questions.
❑Co2v of valid oicture W.. (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 AUTHORITJNG
COMMENCEMENT OF WORK FOR THE CITY.
Submitted by fcornolete all btanitsl: COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
Shawn Blakely Midnight tide
Company Stmt Address -
6513 Rockne Ave,,
City
VVh9ttier. CA 90501
Phone:
N -U1-0
Vendor's Email address;
dktttband ' h .arta
1 By (Print name S title):
Shan Blakely
vendor's Au. ri d Si n re requlred:
Date signed: 5 l
FAX:
Mail original agreement and insurance to: City of EI Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90243.3813
OriginatodDapartment Contact RV Date initiated:
Department Head Approval: - Dale Approved:r ""2! II
u .. ,. m.
France Approval: r Dai Approved'
cc: Business Lkense; city Crerk; Puiahesing Agent Requesting Dept mm -
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Midnight Ride
for
CITY ATTORNEY
5121/19 �V., � ✓� � A „„
City Clerk
Cif) of EI Segundo
Agreement No. 5732
1.GENERALLY. The materials, supplies, or services (collectively
B.PAYMENT. City will pay Seller after receiving acceptable invoices for
"Purchase') covered by this services agreement and purchase order
materials and supplies delivered and accepted or services rendered and
("order') must be furnished by Seller subject to all the terms and
accepted. City will not pay cartage, shipping, packaging or boxing
conditions contained in [his 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, 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,
j 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 (a1 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 ntherwise For
1INSPECTION. 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 Sellers 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 limes 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 quality the liabilities
require delivery of such Purchase at a reduction in price that is equitable
and obligations otherwise assumed by Seiler 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
111.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
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, 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 Seiler 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
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
in writing within thirty (30) days from the dale 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 falls 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
Seller's 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, Seller's sole remedy is limited to recovering
same or any other term, covenant, or condition contained it 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
6.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 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.
7.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 Ci 's o ortunity to refect.
Midnight Ride 5121119
Agreement No. 5732
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo CA 90245
Shawn Blakely agree to provide entertainment services for City of EI Segundo's 4th of July Celebration
* Location: Recreation Park
« Date: Thursday, July 4, 2019
• Hours: 6:00pm-8:50pm
City of El Segundo agrees to provide power and stage.
EXHIBIT "B" — COMPENSATION SCHEDULE
City agrees to pay Shawn Blakely to provide entertainment services a sum of:
o One thousand seven hundred and five dollars ($1,705.00)
Midnight Ride 6/26119