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CONTRACT 6400 One Page Service Agreement CLOSEDAgreement No. 6400 5 M GONMCTCR Swoop, Inc, Services Agreement DATE MAILED: 6109P2022 Below you will find a checklist relating to Insurance and other requirements that are required for doing business Wlh the City of El Segundo, Only those items checked -riff are MANDATORY, however If your standard policies exceed the minimum requirements please include, Commercial general liabiiky insurance must meet or exceed the requirements of ISO.CGL Form Na,, CG 20: 10 1165 or equivalent. The amount of Insurance sell foO below Will be a combined single limit per occurrence for bodily injury, personal injury, aid property damage for the policy coverage, Liability policies will be endorsed to name the City, its officials, and employees as "additional insurecft" under said Insurance coverage and to state that such insurance will be deemed "primary" such that any otherfosurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence,"' not a 14claims, made," basis: and will not be cancelable or subject to reduction except upon thirty (30) days prior wrkten 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 contractual obligations vAth combined single firnits; of coverage of at least J1&00 O00 per occurrence. ULgines;AUtg �WbiR , including owned, non -owned and hired vehicles with at least'. Z aouo.000 C] As required by State Statutes, A copy of your current policy must be submitted naming yourself and or your company. _W_b_r_kers* Corn ensalion Insurance: as required by State Statutes mAth Waiver of Subrogation. (Not needed if Self-employed witty no employees and CONTRACTOR signs statement to 1* effect,) Ausiness License: The CONTRACTOR shall agree to have a current City of Ef Segundo license on file at City Hall or purchase said license (at no cost to the City). C3 Eierrrits* Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety I appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions. 0 Co of va�hdjclure�l& (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 M)RCHASING AGENT, 1HV5 AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. gu_b_m_JN_e_dbt l[dam _11 _et_e _a _3 blanks __—: COLOR COPY REQUIRED BACK TO THE CITY C'oanpauuyName: By (Print name& tile): Sworn p, Inc. Peter Eyeason Company Street Address: V T's A,&, zed Signature required 5151 West Rosecrans Ave. Me n6*4J1t"10f_ City, State, Zip, Fete %22`... ne�?T` HaMhome, CA 90250 , Phone: FAX 310310-8087 I Vend —ors Email address: VeAdes web site; lE peter@swoopapp.com www,syioppp�corn Mail original agreement and ins tAnce to: f 049friator/Department. Contact !%2�: Department Head Approvat Finance Swoop, Inc. Services Agreement Dom 5, El Segundo, CA 90245,3 3 Datei-A-11 pale Approved: Data M srsrzx Agreement No. 6400 "Purchase's covered by this services agreement and I -GENERALLY„ The materials, supplies, or services (ooti ;livTacceplad. ENT, City will pay Setter after receiving acceptable invoices for purchase orls ("ordee) must be furnished by Setter subject to all the terms ad. and supplies delivered and accepted or services rendered and City will not pay cartage, shipping, packaging or boxing conditions contained in this order which Seller, In accepting this ords agrees to be bound by and comply with in all particulars. No other terMNIFICATION, unless specified in this order. Drafts will not be honored. Sealer agrees to indemnify 'and' hold City or conditions are binding upon the parties unless subsequently agreeds from and against any claim, action, damage's, casts (including, in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all without limitation, attorneys fees), it ides, or liability, arising out of the Purchase or the order, or their performance,. Should Cnly be n;arned to 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 any suit, or ,should any claim be brought against it by smut or otherwise, 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 only to the extent (bat such terms are consistent with the terms and order, or their performance, Seiler will defend City (at City's request and with counsel conditions of this order, satisfactory to City) and indemnify City for any judgment rendered against It or .any sums paid out in settlement or otherwise, For 2.INSPE TION, The Purchase furnished must be exactly as specified in this order, free from a)i defects in Sellers performance, design, purposes of this section 'City` includes City's ofrlcers, elected officials„ and employees. dl is expressly understood and 'agreed that the workmanship, and materials, and, except as otherwise provided, Is subject to Inspection and test by City at all times and places, If, before foregoing provisions will survive terminatlon of this order. The requirements as to the types and limits of insurance coverage to be I 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 maintained by Seller, and any approval of such Insurance by City, are not intended to and will not in any manner limit or qualt the liabilities 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 and obligations olherwise assumed by Seller pursuant to this order, including, without (imitation,, to the provisions concern'irig indernntficatiom Items within a time deemed reasonable by City. City may terminate the order In whale or in part. Seger bears allrisks as to rejected Purchases i'tt.11ll"ARRANTY. Seller agrees that the Purchase Is covered by the most favorable commercial warranties the Setter gives to any customer and, in addition to any costs for which Setter may become liable to City i for the same or substantially similar supplies or services, or such other under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller more favorable warranties as is specified In this order„ Warmness will be effective notwithstanding any Inspection or acceptance of the in accordance with the termsof this order for unaccepted Purchases. Notwithstanding City's acceptance of any Purchase, Seller Is liable for Purchase by City, 111,ASSIGNMENT, City may assign this order. Except as to any latent defects, traud, or such gross mistakes as constitute fraud, S CHANGES, City may make changes within the general Scope of this payment due under this carder, Seiler may not assign or subcontract the odder without Cily's written approval, Should City give consent„ it will not order in drawings and Specifications for specratly manufactured supplies, place of delivery, method of shipment or packing of the order by relieve Seller from, any obligations under this order and any transferee or be giving notice to Seller and subsequently confirming such changes In writlumg, If subcontractor will considered Sellers agent. 12.INSURANCE, Sells; must provide the insurance indicated on the 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 face sheet of this Services Agreement, 13-PERMITS. Seller must procure all necessary permits and licenses„ be made, No change by Seller i;s allowed without. Citys written approval,. Any claimn by Seller for an adjustment under this be ,and abide by all federal, state, and focal laws, for performing Ibis order. section must made in writing within thirty (Sll) days from tie date of receipt by Seller of 14.1NDEPENDENT CONTRACTORCity' and Seller agree that 'Seller will act as an independent contractor and will have controf of at work notification of such change unless City' waives this condition In writing, Nothing in this section excuses Seiler from proceeding with performance and the manner in which is it performed. Seller wig be free to contract for similar service to be performed for other employers while under of the order as changed, 4. TERMINATIOK City may terminate this order at any tune, either contract with City. Seiler is not an agent or employee of City and is not entitled to participate In any pension plan, Insurance, bonus or similar verbally or in writing, with or without cause. Should termination occur, City wilt Pay Wier as full performance until such termination lame unit benefits City provides' for Its employees, Any provision in this order that. or pro rata order price for the performed and accepted portion of the tray appear to give City the right to direct. Seller as to the details of diming the work or to exercise a measure of control over the work means ' that Purchase, City may provide written notice of terminallon for ,Seller's 'Seiler default if Seller refuses or fails to comply with this order, If Setter does will follovr the direction of the City as to end results of the work only, not Cure such failure within a reasonable Time period' or fails to perform the Purchase: within the time specified (or allowed by extension), Setter 15-WAIVER. Citys review or acceptance of, or payment for, work product prepared by Setter under this will be liable to Cily for any excess Costs incurred by City. S.TtNtE EXTENSION. City ,may extend the time for completion if. In 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 adsfing from Seller's performance. A waiver by Crays sole de term Inataon, Seller' was delayed because of causes beyond Setter's control and vrtthout Sellers fault or negligence, In the event City of any breach of any term, amnant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the delay was caused by City, tiller's sole remedy is limited to recovering sarne or any other term, covenant„ or condition contained tin this order,. money actually and necessarily expended by Seller because of the delay, there Is no right to recover anticipated profit, whether of the same or different character, %INTEi PRETATION. This Agreement was drafted in, and will be CREMEDIES CUMULATIVE, City's rights ,and remedies under this order construed in accordance with the lanes of the State of California, and ,are not exclusive and are in addition to any rights and remedies provided exclusive by law. venue for any action involving this agreement will be in Los Angeles 7,TITLE. Title to materials and supplies purchased under this order t County. 7.CONSISTENCY. In interpreting this Agreement and resolving any pass directly from Seller to City upon Cily's written acceptance following ambiguities, an actual iinsoectian nnir r:trVa nnnnrirtnirmx in m;w4 . this Agreement takes precedence of any attached exhibit J: --- nT-U__ Swoop, Inc. Services Agreement 61922 Agreement No. 6400 Swoop, Inc. Services Agreement W122 Agreement No. 6400 Swoop Quote One (2) 25 passenger mini coach (similar to the attached) o $685 per day Cost per month o June (16 days)- $10,960 x2= $21,920 o July (25 daysr $17.125 x2= $34,250 o August (18 days)- $12,330 x2=$24,660 Total Cost o $80,830 NTE $85,000 This price reflects the cost of one (2) shuttle- for each additional shuttle it'd be same cost. Whats included GPS Tracking- Included • Logistics and Scouting plan- Included • 24/7 Concierge line- Included Dedicated Account Manager- Included SPO- Swoop Performance Optimizer- Included o Tracks total riderships, utilization, and on -time performance