CONTRACT 4822Agreement No. 4822
Services Agreement -- Garage Liability
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Agreement No. 4822
a.UtNt ALLT. ine materia€s., supplies, or services (collectively,
"Purchase") covered by this services agreernent acid 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.
ZINSPECTION. The Purchase furnished must be exactly as specified in
this order„ free froraa all defects in Seller's performance, design,
workamnship, 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 specialty nraaanufactured supplies,
place of delivery, method of ;shipment or packing of the order by giving
notice to Seller and subsequently confirming si.mh 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.
S.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.
lelay; there is no right to recover anticipated profit.
S.REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
)y law.
i,TITLE. Title to materials and supplies purchased under this order
)ass directly from Seller to City upon City's written acceptance following
an actual Ins, jaeclion and City'saopportunity to rr l
,PAYMENT. City wilt pay ter after rr� � ` 41g �a, w p
Seller e� for
materials and supplies drrerud and accepted or ,wmrvices rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts mll not be I paa tya ,
9.INI E tNIFICArION, 'Seiler agrees to indemnity and hold City
hMarraale°.ss faorn and against any claim, action, damages, costs (iaaclaurting")
without limitation, attorney's fees), injuries, or liability, adsing, out of 11le
Purchase or the order„ or their performance. Should City be naraaad in
any still, or should any claim be brought atjainst it by suit or othewise„
wh,Nher the same be grmindless ear not, arising out of the Purchase or
order, or their performance, Seflor will daafend City (rat City's request and
with counsel satisfactory to City) acrid indemnify City for any judgment
rendered, against it or any sums paint out in settlement of otherwise. For
purposes of this section "City" includes City's officers, elected officials,
arid erployees, It is expressly understood and agreed that the
foregoing provisions will survive terraaunaafion of this order. The
requirements as to the types and lirnits of insurance coverage to be
uaaaintmMained by Seller„ and any approval of sucti insurance by City, are
not untended to and will not an any mariner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, withoul limitation, to the provisions concerning indemnification,
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable coraaraaercial warranties the Seller gives to any customer
for the sarne 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 larder, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relievda 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.INOEPENDENT CONTRACTOR. City and Seller agree that Seller
will act; as are independent contractor arad 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 Seiler 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 underthis 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.
(1) Services Agreement -Garage Liability.doc 1 f28/15
Agreement No. 4822
Ken Por,t
Ty': M:`
2/5/15
J. Richard Hogate
c/o Contract Extension
City of El Segundo
350 Main Street, Room 5
El Segundo, CA 90245-3813
Dear Mr. Hogate:
C.H.P. Enterprises, Inc. d.b.a. Ken Porter Auctions is pleased to offer
an open-ended contract extension to the current contract (RFP Bid 1 5-
05), at the current fees and rates. Contract may be cancelled at any
time by the City of El Segundo or Ken Porter Auctions by providing a
30day Cancellation notice.
If you have any questions, please contact me at (310) 353-7140.
Thanks again for all the business your city has sent to Ken Porter
Auctions over the past several years.
Since"'ly,
Gene Govoreau
General Manager
21140 S. Avalon Blvd. Carson, CA 90745
Phone: 310-353-7140 • Fax 310-353-5740
www.kepporfelra uctions.com+ E-mail: infor@kenporterauctions.com
Agreement No. 4822
CITY OFEL SEGUNDO COOPERATIVE BID
BID SPECIFICATION NO. 05-15
"AUCTION SERVICES"
City of El Segundo
City Clerk's Office
Room 5
3 50 Main Street
El Segundo, Cali. orma 90245-38 13
GQntlextion:
Inaccordance witti CitY Off"I"I Segundo Bid Sliccification No. 05-15 f6ir'atjctioiTjS
ervices, wt., are
1"lleased to pmvide the participating cities witl,,,, �jt�ction services as described for a tbree (3) year,
base caritract with two (2) addlitiotial one Year optional periods, at the rates indicated below,
A. Commission percentage rate for the sale Of SurPlus motor vehicles shall be 0%.
COMMi8SiOn Percentage ratQ for the sale Of SUI-PILIS equiPment. miscellancou supplies
and materials shall be 0%.
CCommission percentage rate for the sale off' owelry shall be 0%.
D. Arnount of buyers premitirri, to be 011arged sliall be, 10.5% and the aniount of bii
premiLun returned to tl ie public agency stiall be,5%. yers
E Schedule of Miscellaneous Fees (List Service and Corresponding Fees), Miscellaneous
fees riot listed below will not be accepted at a, later date.
Item Fee
BID for Auction smices 405-15 -specifications. doe 10
Agreement No. 4822
Coy rquesentative to be tLssig'nod to ser4ce this cep nintut (s).
Nwrne.: Dale Vau'Waguer Title: Marketing Director
Phorie: (918) 201-6573 Address: 12,580 Satic()Y Street, North Hollywood, CA 91605
ALL RIDS ARE TO BE SUBMITTED INTRIP .'ATE
144nic of Company: KeitPerter Auetjous
Address: 12580 Satfcq Street
North Hollywood, CA 9
M
30 (',n AxOon Slurn,,:'s"W(V5 , rJ'$ jd�j';
Date: October 24, 2005
Telophone: (818) 255--0016
Fax: (818) 25SA618
Title: Presidew