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CONTRACT 6081 One Page Service AgreementAgreement No. 6081 Services Agreement C(DNTIRACTOR Efficient _X-Fray jrn_ dba E-Lfi�jent Environmental Services DAT E E-.MAILFD, 5/24/2021 B,e,,(ovv you will find a checklist relating to insurance and other requirements that are required for doing business with the City ollE Segurido. Only those items checked -off are MANDA i ORY, holwever it your standard policies exceed the minimurn requirements c; uirements p!eas Mciuder Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 1185 or 88. The ar=lni of insurance set forth below will be a combined single limit per occurrence for.bodily injury, personal injury, and property rJJannage 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, 1 jasefine! additional Ter is and Conditions on the reverse sde this S,enAces Agreement This is not a purchase order or an autthorization to begin work, General Lia it , including coverage for premise,,,products and completed operations, in(Jeppndent contractors,, persona! injurv, and contractual obligations with combined single limits of coverage of at least,$ 00 0 per Occurrence. tglp Lig flty, including owned, non -owned and hired vehicles with at least: Z j1Q0Q,9LQ per occurrence. 1100,000 - 300,000 per occurrence. As required by State Statutes. A copy of current policy inust be submitted naming yourself d or n p ny, L all your 10 1 a I Z Workers' Cor)_o2n, ion Insurance: as required by State Statutes, (Not needed if pelf -employed with no employees and signs statement to this effect,) F Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file, it city Hall or purchase said license (at no cost to the City), Fj - Plans roust be approved, and permits) issued fno fee) by the Planning and Building Safely if appropriate. Call the Permits Flan_ning Manager @ (310) 524-2340 if you have questions, ;C'i;LqKpfvalid picturesQ. 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 AUTHOrdZING COMMENCEMENT OF WORK FOR THE CITY. Submitted bV (COMDIete all blanks): Company rqarne� Efficic,nt X-Ray Inc. dba Efficient Environmental Cervices. 'C17_10_an7Sheet Address: ---- --- City, 'State, Zip. Chatsworth, CA 91311 Phone: 7_ Vendor's Email address: By !Print name & title;: Tim Gray, Corporate Officer Vun(,Ipr's,&4thqfized ,$,igpa(ure required Date signed: FAX: Mail original agreement and Insurance to: City of Ef Segundo — City Clerk 3150 Main Street, Room 5, El Segundo, CA 90245-3813 DiloinatorlDeparTment Corract:,— Daze inmaleo I f r,e,oarfnleril Hpa� Approval: -Z�; _a�e Approved: 6-3-2021 A=roved: c� 7", Dty Manage,' N/A '11ty Clerk for E E 1�i EnvirN)nnenlal loervices, Aqreerrent 5-.24-2021 doc, 5i24/ Agreement No. 6081 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 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 Seiler refuses or fails to comply with this order. if Seiler 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 &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 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 ail 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 Seiler 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, 16.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. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR's services not to exceed a total of $5,000.00 (five thousand dollars) for the work per fiscal year. CITY will pay for work as specified in the attached Exhibit 'A" which is incorporated by reference. Scope of Services and Costs: Refer to attached Exhibit "A" EXR Environmental Services Agreement 5-24-2021.doc 5/24/21 Agreement No. 6081 EXHIBIT A Sco e of Services The Ways We May Be of Service to You MEDICAL WASTE DISPOSAL Professional and courteous drivers remove regulated medical waste from your office and transport it to a permitted treatment and disposal facility. Proper tracking documentation accompanies the waste from your facility to the point of destruction, You will receive completed tracking documents with each invoice. This documentation is a fundamental component of your biohazardous waste management plan and essential for regulatory compliance. EXPIRED PHARMACEUTICALS Expired medications are removed from your facility and incinerated on an as needed basis. Out-of-date pharmaceuticals may not be packed with sharps and red bags. They must be treated separately. HAZARDOUS WASTE DISPOSAL We offer a "turn key" package to address virtually all phases of your Industrial, Hazardous and Non - Hazardous waste management requirements. We also assist our clients in understanding, implementing, and complying with all relevant governmental agency requirements. This includes all applicable DOT (Department of Transportation), EPA (Environmental Protection Agency) and DTSC (California Department of Toxic Substance Control) rules and regulations. We are committed to servicing your waste management needs in the most cost effective, efficient, compliant, and responsible manner possible. OSHA TRAINING On -site training conducted by certified trainers is available at a very reasonable cost. We will customize an OSHA Compliance Program for your staff and conduct training at your facility as requested. There are no monthly fees for this service. Each training is billed at a flat, per session rate. Costs ESPD is interested in their will car service. For this service ESPD calls or emails their office to schedule a pickup day and time. The fee for the service is $125 for a 44-gallon barrel of waste. Any medical waste for autoclave can be put into this barrel. This would include closed sharps containers and red bag waste. Pharmaceuticals would be charged at $3.50 per pound. EXR can also pick up any hazardous chemicals we may have for disposal. The cost for hazardous waste would be quoted on a per case basis after an inventory of the product(s) is taken. Each hazard class is charged individually and EXR has several treatment facilities they use for hazardous waste. They will determine the most cost-effective way to handle our waster on a case -by -case basis.