CONTRACT 5733 One Page Service Agreement CLOSEDServices
gr a agreement No. 5733
CONTRACTOR: ALOIC 0001 �J DATE MAILED: May 1 , 201
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 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 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.
✓ Com,�Drehensive 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.
i Auto Liabilitv, including owned, non -owned and hired vehicles with at least:
$1.000.000 per occurrence.
$100.000 - 300.000 per occurrence.
As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
-- "Yorkers" Compensation 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 Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
v' o v of valid Dicture 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 bv, (comDlete all blanks):
Company Name: By (Print name & title): '
ACME Balloon Co. Laura Caldwell, co-owner'
Company Street Address: Vendor's Aut ri Sig ture required:
I
12701 Lewis Street #50
c
City, State, Zip: Date signed:
CD .� i�
Garden Grove, CA 92840 May 16, 2019
,— Phone: FAX:
949-701-5181
Email address: Vendor's Web site.
�: P Vendor's E
- Balloon Storvteller0omaiI.com www.BatloonStorvteller.com
g d to tlran ce to: City Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90245.3813
Originator/Department Contact: f EIS . , Date initiated: -5 N W
Department Head Approval. f Date Approved: 7 t t
Finance Approval: ? "' Date Approved:
cc: Business License; City Clerk; rchasing Agent; Requesting Dept. name -
(11 Pana Sarvirac Anraamant with rl 7n17 71711A
1.GENERALLY. 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 of all 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 that 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 under the circumstances. If seller is unable or refuses to
correct such items within a time deemed reasonable by City, City may
terminate the order in whole or in part. Seller bears all risks as to
rejected Purchases and, in addition to any costs for which Seller may
become liable to City under other provisions of this order, must
reimburse City for all transportation costs, other 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, Seller 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, place 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 the time 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 written approval. Any claim by Seller for an adjustment under this
section must be made in writing within thirty (30) days from the date 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 terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of 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 time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes
beyond Seller's control and without Seller's fault or negligence. In the
event delay was caused by City, Seller's sole remedy is limited to
recovering money actually and necessarily expended by Seller because
of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this
order are 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 Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
Agreement.... No, 5733
&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 indemnify and hold City
harmless 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 suit or
otherwise, whether the same 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 indemnify City for any
judgment rendered against it or any sums paid out in settlement or
otherwise. For purposes of this section "City" 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 manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same 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.
11.ASSIGNMENT. 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 this order and any
transferee or subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. 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 Seller
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. Seller is not an agent or employee of City and is not
entitled to participate 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 Seller 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 State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County.
!11 Pana Carvirac Anraamant with r4i ?n17 7/7/14
Invoice - ABC876-1646
ACME Balloon Co.
12701 Lewis Street #50
Garden Grove, CA 92840
(949) 701-5181
Item
1 - Wacky Alien Talent Show
Event Details
https://showoperations.com/invoice/Preview_lnvoice2.php?id=T3 dS...
Agreement No. 5733
Event Date: Thu August 8, 2019
Performance Start Time: 3:OOpm
Location: 111 W. Mariposa, EI Segundo, CA 90245
Duration: 45 Minutes
Participant Count:
Event Contact: Sindee Pickens - (310) 524-2771
spickens@elsegundo.org
Service Provided By: Annie Banannie, Balloon Storyteller
- (949) 701-5181 balloonstoryteller@showoperations.com
Additional Information
Terms:
Payments Received:
Notes: End of summer party.
Invoice #: ABC876-1646
P.O.#:
Due on or before: 08/08/2019
Make Checks Payable o: ACME Balloon
Co.
click Here To
� wwJu Print Thi 5 Page
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EI Segundo Library
Sindee Pickens
111 W. Mariposa
EI Segundo, CA 90245
Price Total
$ 350.00 $ 350.00
Total $ 350.00
1 of 1 7/1/2019 8:22 PM