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CONTRACT 6061 One Page Service Agreement CLOSEDAgreement No. 6061 bervices Agreement DATE MAILED: 3111/2021 THIRD -PARTY PAYOR: El Segundo Little League CITY FACILITY: Bret Field 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 policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of 180•CGL Form No. CG 00 011185 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 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 Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work. ® Com reh n i er 1 LAili 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 Liabililyincluding owned, non -owned and hired vehicles with at least ® 10� . 00,000 per occurrence. ❑ $100,0-30,000 - per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Com ensation 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 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 Planning and Building Safety if appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions- g92y of valid kigture 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. S e by (com2Lete all WgnLs): COLOR COPY REQUIRED BACK TO THE CITY Company Name: CC Layne 8y (print name & tide): Scott Layne President Company Street Vendor's Authorized Signature re Wired: Address: 216 Standard St �(­ City, State, Zip: Date signed: .-El Se undo. CA 90245 311112021 Phone: FAX: 310 621 1165 Vendors Email address: _ Vendor's Web site: Sco cola)Te.eom Mail original agreement and insurance to: City of El Segundo,.,, —it 350 Main Street Room 5 El Segundo, , eg , .38J3 Originater,'Departrnent Contact; Strauvrn Creen atenndA 90itiated^245 Deparbnent Head Approval: ate Approved. z1 El Segundo Little League Approval =. ' Date Approved: 3/11/2021 Insurance Approval: for City Attorney One Way Paint & Design Dale Approved: _ N/A for City Manager Crt CPert- ..�..... 3111121 Agreement No. 6061 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 ti rmes and places. If, before final acceptance, any any Purchase is found to be incomplete, or not as specified, City may reject it, require Seger 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 Seger 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 rasa 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 fans to comply with this order. If Seger does not tune such failure within a reasonable time period, or falls to perform the Purchase within the time specified (or allowed by extension), Seiler will be liable to City for any excess costs inured by City. 6.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. 6.11REMEDIES CUMULATIVE. O yrs rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law. 7.TITLE. Tide 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. 6.PAYMENT. NIA. e.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, aftomey'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, Seiler 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 Clly, 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. Seger agrees that the Purchase is covered by the most favorable commercial warranties the Seger 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. I I 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 Seger from any obligations under this order and any transferee or subcontractor will be considered Setter's agenL 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 an federal, state, and local laws, for performing this order. %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, Seger 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 10 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 Seger 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 wig 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. 17. PREVAILING WAGES. If required by applicable state law Including, without limitation Labor Code §§ 1720 (as amended by AB 976 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wage. It is CONTRACTOR'S responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damage resulting from a Violation of the prevailing wage laws, In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the websile for State of California Prevailing wage determination at tqp1Lwwwqir.c2,qgY/DLSRTWD. A copy of IN prevailing rate of per diem wages must be posted at the job site. 18. CONSIDERATION. As consideration for its continued use of the CITY's Camp Eucalyptus, the EL SEGUNDO LITTLE LEAGUE agree to pay CONTRACTOR for CONTRACTO 's services not to exceed a total of $000Z for the work, with such work specified in the attached Exhibit "A," which is incorporated by reference. In the event the EL SEGUNDO LITTLE LEAGUE does not pay CONTRACTOR the agreed -upon amount, this agreement Will be void. CONTRACTOR expressly acknowledges that in no event will the CITY be responsible for payment to the CONTRACTOR for its services, and that CiTY is merely facilitating this agreement because the subject property is a CITY facility. Services to include: Refer to attached Exhibit "A" One Way Paint & Design 3111121 S4 11,,E City of El Segundo El Segundo Little League AIM. ESLL Shown Green El Segundo, CA 90245 216 Standard St. El Segundo, CA 90245 C� 310.322.0174 4 310.322.1409 www.cclayne.com Little Leactue Fence 4' high outfield fencing at Bret Fields and place inside balling cages for storage. Agreement No. 6061 Estimate ESHF2 March 4, 2021 Witr rir Af,4C7UNT Labor $ 11,500.0D Exclusions Permits and or governmental Fees I Scott -%f. Layne PREPARED BY FOTAL I $ 1,500.00 1 APPROVEDBY DATE City of El Segundo Et Segundo Little League Attn, ESLL Shawn Green El Segundo, CA 90245 216 Standard St. El Segundo, CA 90245 310,322.0174 A 310.322.1409 www.cclayne.com Little Leaaue Fence Reinstall 4' high outfield fencing at Bret Fields. Reuse materials, provide new zip ties for topper, Agreement No. 6061 Estimate ESBF1 March 4, 2021 eadrrwaft: AMOUNT Lauer $ 3,500.00 Exclusions Permits and or governmental fees Scott ?H. Layne PREPARED BY TOTAL 1 $ 3,500,0a APPROVED BY DATE