CONTRACT 6438 One Page Service Agreement" y 00
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Agreement No. 6438
cervices Agreement
CONTRACTOR: File Keepers _. .... ............ ..
DATE MAILED: _April 13, 2022
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 ISO-CGL Form No. CG 00 01 11 85 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
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.
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.
® Comprehensive General Liability, 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 Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ 100,0001- 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® 'porkers' Compensation 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.
Copy of valid picture I.D. (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 MANAGER/PURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Submitted b ccm fete all blanks : col li't COP)( ACK ro n°°ii", CI"'ry
Company Name:
By (Print name & title):
File Keeper
Juan Avila, President
Company Street Address:
Vendor's Authorized Signature , W 1!,
6277 E. Ave
—
City, State, Zip:
Date signed: April 13,2022
Los Angeles, CA 90040-3011
Phone:
FAX:
323.728.3113
323
Vendor's Email address:
......... ......._..�......._................. ._.... __......... ___............................... _. . ...............
Vendors Web site:
www.filekeepers.com ..._......_
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
Originator/Department Contact: r Uh Sandoval Date initiated: 4/18/22
Department Head Approval:
Insuran vat
N1
City Atlorrue; City Manager
City Clerk
Date Approved: 4/18/22
Date 0Apoved: ', I
i
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 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 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.
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.
&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
otherwise. For purposes of this section "City" includes City's officers, elected
officials, and employees. It is W essry''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 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 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 Seller 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.
%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 975 (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 website for State of
California Prevailing wage determination at ti9t :Owww.dir.ca. ov1DL P,/P D. A
copy of the prevailing rate of per diem wages must be posted at the job site.
18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of $4,999_ (Four thousand,
Nine hundred ninety-nine Dollars) for the work. CITY will pay for work as
specified in the attached Exhibit "A," which is incorporated by reference.
Services to include:
Refer to attached Exhibit "A"
CERTIFIED OFFSITE SHREDDING & CONTAINER ROTATION SERVICES (PAPER ONLY): Company provides Customer with access to locked
secure containers where 'Business records can he disposed of for purpose of shredding. Company performs regularly scheduled removal and
replacement of the containers, The contents of the removed containers and any additional boxesdcartons are delivered directly to an offsite
shredding facility where the Business Records are shredded, The Company tracks the chain of custody with respect to such containers and
boxeslcartons. Scheduled pickups can be set up on a daily, weekly„ biweekly, or monthly rotation Company, can provide unscheduled pickups
within 48 hours of request. After Business Records are shredded, Company issues a. Certificate of Destruction to Customer.
Standard Pick Up/Transportation Stops occur within regular business hours, are allotted 30 minutes for service, and transport fewer than 5 bins.
Standard Pick. Ut1/T"ransportation Stops that exceed these parameters will incur additional Delay fees as listed.
Pick U /Trans ortation - S le 1 Container, er ti rotation $16.80 each
Pick Up/Tranms ortaon 5 le 2 Container, per tiplrotation $21.69 each
Additional Standard Size Cartons for Shredding, Picked Up At Time of Bin Rotation $4.22 each
Pick Up/Transportation, Not At Time of Bin Rotation $57,81/tri
Each Additional 15m minute Delay, add $14.95
Monthly Minimum One Tip per Container Delivered
Fuel Surcharge - Applied when the previous month"s price per gallon as =reportedonU.S. $8.95/work order
Department of Energy, Energy Information Administration's Retail On-'Hiel — All Types
for California hit s://vvw.a. ov/dnav( et ri nd dcus sca m,htds $2.00.
—..._.
CERTIFIED ONSITE SHREDDING & CONTAINER ROTATION SERVICES (PAPER ONLY): Company provides Customer with access to locked
secure containers where Business Records can be disposed of for purpose of shredding. Company performs regularly scheduled removal of the
containers and shredding of the contents and any additional boxes/cartons or loose documents at the Customer's location. Scheduled pickups can
be set up on a daily, weekly, biweekly„ or monthly rotation. Company can provide unscheduled pickups within 48 hours of request. After Business
Records are shredded, Company issues a Certificate of Destruction to Customer.
Standard Onsite Shredding Stops occur within regular business hours, are allotted 30 minutes for service, and transport fewerthan 5 bins. Standard
Onsite Shreddino Stops that exceed these parameters will incur additional Delay fees as listed..
Shredding- ')tytt2Container,
Shredding - Standard Size Ca
Shreddino — Loose Document:
$16.80 each
$21.69 each
$35.90 each
Minimum Service Fee, per Stop $13M
Each Additional 15-minute Delay, add $14.95
Monthly Minimum w _ One Tipper Container Delivered
Fuel Surcharge - Applied when the previous month's price per gallon as reported on the U.S. $8.95/work order
Department of Ener gy„ Energy Information Administration'`s Retail On•Elighway Diesel Fuel —All Types
for California (https: lwww.eia,govldnavlpet/pet_-Prf qnd dcus sca m.htm) prices exceeds $2.00.
The File Keepers' Document Destruction Services Agreement ("Services Agreement") is provided at h!jps://fitekeepers.cornlshreddingagreement.
File Keepers' document destruction services ("Services") are provided pursuant to the Services Agreement and its schedules.
By signing below, you hereby accept the terms and conditions of the Services Agreement and its schedules, including this price schedule. The
Services Agreement is effective as of the date you sign glow ("Effective Date"). In the event of any conflict between the Services Agreement at
hit s dlflle rs.cornl hreddin a reern nt and this price schedule, the terms of the Services Agreement shall govem.
FOR FILE KEEPERS LLC
Juan Avila President
Signature Printed Name Title Date
FOR CITY OF EL SEGUNDO
vtghna cure Primped h6 me Title Date
This agreernent is swatmIded with the understanding that the Intorrnadon contained Meralan will not be reva,aded, disclosed, or otherwise disseminated by CITY of EL SEGUNDO to any
party, iinduviduali company, agency or Other anti other than employees of CITY OF FL SEGUNDO, I CITY OF EL SEGUNDO RepresenWiruesl with a valid need tolwnDwr or be Informed
wwtdhcowrt true express written consent oY FILF ftf ERS and with the expectation that CITY of EL SEGUNDO Repoesentatmes will ernpdoy the sarne at greater measures to protect the
confidentiailty and prcpruedaq natwwre of 11tis wnrorrnationthat it takes to s egeaw' its Own ptoprlelary or confidential intorma6w
Enclosure: Container Specifications
6277 East Slauson Avenue I Los Angeles, CA 90040-3011 1 Tel 323.728.3133 i Fax 323.728.1349
www.filekeepers.com
Fomi Reviewed 2022.03.14