CONTRACT 6204 One Page Service Agreement CLOSEDAgreement No. 6204
d ..,Services Agreement
aWrRWrOR:- (Xiver Halt DATE MAILED: 1W&W21
Below you will fmd a checklist relating to Insurance aril other requirernents that are required for doing business with the Cl y of EI
Segundo. Only those items chocked -off are MANDATORY, however if your standard potries exceed the minimum requitemonts please
include. Commercial general liability Insurance must meet or exceed the mquirernwrts of Dili» Form No. CCa till 01 11 85 or
88. The amount of insurance set forth below WO be a combined single Omit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability polices wifi 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 4occurrence," not a "dorms
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.
including coverage for premises, products and completed operations, independent contractors,
personal injury and confacWal obligations with combined single limits of coverage of at least 1a ,000,000 perg=rmce,
® Auto Uabi including owned, non -owned and hued vehicles wish at least:
❑ 1000 000 per occurrence.
❑ 100 0 per occurrence.
❑ As required by State Statutes. A ropy of your current policy must be submitted naming yourself and or your company.
Workere CoMgWlyftn n : as required by State Statutes. (Not needed W 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 I appropriate. Call the Building Manager @ (310) 524-2345 if you have questions.
❑ Cony of vald oicture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LI.STEI) ABOVE MUST BE OBTAINH! AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCtf M ORDER BEING SENT TO YOU (YIA FAX OR MW COPY) BY THE RISK MANAGERRURCHASMG AGENT, THUS AUIMORIZING
CtM MENCE]MENTOF WORK FORTHE CrM
Sutirni ed d1 blanksl: COLOR COPY REQUIRED BACK TO THE CITY
Alai original a reemerit and insurance to. City of El S c — Cit+� 'erk 350 MainMniq a eg w
ck*WA)tW 9 n4 CaaRW0t n .: agrrnd EI CA 3fi13
Depa lnwt Head Approval: Date App W: ( i lejzt
ROM Approval: Dai*Approved: 11 /9/21
cc: Buslam Lksm; City Clark: P=hat ng Agent; Requedin9 nopt. name
APP VED AS TO FORM.
Oliver Holt
CITY q TTORNEYµ
ATTES
M25rsl ,
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CITY of El Segundo
Agreement No. 6204
1,GENERALLY. The materials, supplies, or services (collectively,
'Purchasel covered by lids services agreement and purchase order
('order) rnust be furnished by Seller subject to all the terms and
conditions contained In this order which Setter„ in ar epling this order,
agrees to be bound by and comply with in all particulars. No otherterms
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 cedar. 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 forms are consistent with the terns and
conditions or this order.
2.INSPECTtON. 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 tie require Seller to correct it without charge„ or
require delivery of such Purchase at a reductton In p4ce that Is equitable
under the circumstances. If sailer 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 outer provisions of this order, must relmbrase 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 table 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 Seiler 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 wrrfing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rate 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 Worm
the Purchase whin the time specMed (or allowed by exteAon), Seller
will he liable to City for any excess costs Incurred by City.
S.TIME EXTENSION. City may extend the time for completion 4, in
City's sole determination, Seller was delayed because of causes beyond
Sorter's control ano without Seller's fault or neghgence. 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.
B,REMEDIES CUMULATIVE. Citys rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
by law.
VITi.E. Tille to materials and supplies puronased under this order
pass directly from Seller to City upon City's written acceptance following
3,04M NT. City will pay Seller after receiving acceptable invoices for
materials and supptes delivered and accepted or services rendered and
accepted, City will not pay carlage, shipping, padging or boxing
expenses unless speaed in this order. Drafts will not be honored.
%INDEMNIFICATION. Seller agrees to Indemnify and hold City
harmless from and against any claim;, actlon, damages, costs (including,
without limitetion, attorneys fees), [Nudes, or liability„ art ng 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 oltlerwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at Cil s request and
with counsel satisfactory to City) and Indemnify City far 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 massed 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 Sailer, and any approval of such insurance by City; are
not intended to and vallnot in any manner limit or qualify the liabilities
and obligations ogterwise assumed by Sailer pursuant to this order.
including, without limitation, to provisions concemingindemnification..
10MARIBANTY. Seller agrees that the Piurchase Is ordered 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.ASSIGNMtrNTw City may assign this order, ExoW as to any
payment due under this order, Sailer may not assiigo or subcontract the
order without City's written approval. Shoudd City give oonsant, 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,
MPERMITS. Seller must procure all necessary pefmits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.fNDEPENDENT CONTPMTOR. 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. Sailer 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 proviston In this ordef that
may appear to 9W City the right to direct Seller as to the detail's of doing
the work or to exardse a measure of conlol over the worts means that
Seller will fellow the direction of the City as to end results of the work
only.
ISMAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this ofddr 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 Sailees performance. A waiver by
City of any breach of any terra, covenant; or condition contained in this
order was not be deemed to be a waivar of any sutaaeeu ant breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
16JNTERPRETATiON. This Agreement was drafted IN and will be
construed in awdance with the laws of the State of Cal'ifomia, and
exclusive venue for any action involving this agreement will be in Los
Angeles County,
Oliver Mott 10128121
Agreement No. 6204
City of El Segundo
Recreation and Parks Department
401 Sheldon Street
El Segundo CA 90245
OLIVER HOLT agrees to provide a Christmas tree for the City of El Segundo's 2021 Tree Lighting Event:
Location: Delivery only. Main St. EI Segundo
Delivery Date: November 29, 2021
Any changes to dates and times will require approval from Recreation & Parks Department.
City agrees to pay OLIVER MOLT for the delivery of the Christmas tree a sum of five thousand six hundred and
ninety five dollars with thirty seven cents. ($6,695.37)
olwe► Hof( UY28121