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CONTRACT 6510 One Page Service Agreement CLOSEDAgreement No. 6510 Services Agreement CO>VTR=m, Oliver Halt Sons and Daughters Christmas Trees DATE MAILED. 9f23f2022 Wow you vrill And a checklist relating to Insurance and other requirements that are required for doing business with the City of Bi Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial gartaml, (lability losutaares must (meet or exceed the requirements of IMC L form No. CC 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 properly damage for the policy coverage. Liability policies will be endorsed to name the City, Its: official's, and emmployecs atn "additional lnsurv&s" under sold Insurance coverage and to state that such insurance will ba +deanre-d "primary" such that any other Insurance that may be curried by the City will be excess thereto. Such Insurance must be on an Ooccu nce," not a "claims made;" taasts and will not he cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Towns and Conditions on Me reverse side of this Services Agreement. This Is not a purchase carder or an authorization to begin; work. ® re' a sitr tie eral iabili , including coverage fnr premises, products and completed operations, Independent contractors, personal injury and contactual obligations with combined single limits of coverage of at least JIM20 000 per occurrence. ® Auto Liability, Including owned, non -owned and hired vehicles with at least: ❑ 1 000 000 per occurrence, ❑ 100 000 - 300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. l ootleW Compensa `o _lctswa ca'.. as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ❑ u sgs LL%rise: The CONTRACTOR shall agree to have a current City of El Segundo license an file at City Hall or purchase said license (at no cost to the City). ❑ P i s: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services Department If appropriate, Call the Building Manager @ (310) 524-2345 if you have questions. ❑ Ca of valid pictum t. r (Drivers license etc.) PLEASE NOTE: ALL AP'PUCABLE INFORMATION USED ABOVE MUST BE OBTAINED MO ON FIM PRIOR TO THE ISSUANCE OF A CRY PURCHASE ORDER SEING SENT TO YOU VIA FAX OR tiARD COPY) BY 1HE RISK MANAGEiiIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.. Submifted bv m eta a blank. COLOR COPY REQUIRED BACK TO THE CITY Company (tame; 0 (Print narna & 8 e Oliver Holt Sons and Daughters Christmas Trees Company Steel Address; 'ye red SIgn%turd required $611' Amestov Ave. Ct , State, Zpa Da signed; '� 'ZZ Northridge, CA91325 Phone: F 818 886-2203 81�'L886-0223 Vendor`s Email address: a tilm.holtraes mail corn Mail original agreement and Insurance to: City of El OriglnetodDepaMT=t contact RMM Merge% Department Head Approval: Finance Approval: — City Clerk 350 Main Street, Room 5, Ei Segundo, CA 90245.3813 Date initialed: a 7 a 3 Oliver Holt Sons and Daughters Christmas Trees Agreement No. 6510 1.GENERALL"Y. The materials, supplies, or services (collectively, 'Purchase') covered by this services agreement and purchase order Corder') must be tumished by Seiler 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 ail 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 unquallfied 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 than only to the extent that such terms are consistent with the lens and conditions of this order. 2.INSPECTIOIN. The Purchase furnished mast be exactly as specified In this order, free from all defects in Seller's performance, design, woritmanshlp, and materials, and, except as otherwise provided, is subject to Inspection and test by City at ail times and places. li, before final acceptance, any any Purchase Is found to be Incomplete, or not as specified, City may reject It, require Seler to correct'it without charge, or require delivery of such Purchase at a reduction in prim 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 fear which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation crests, other related costs incurred, or payments to Seller In accordance with the terms of this order for unaccepted Purchases. Notwrithslanding City"s acceptance of any Purchase, Seller Is liable for latent defects, fraud, or such grass mistakes as constitute fraud',. 3.0 ANOES. City may make changes within the general serape of this order In drawings and specific atioas for specially manufactured supplies, Mace of delivery, method of shipment or packing of the order by giving notice to 'Seller and subsequently confirming such changes to 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 tinder this section mast be made In writing within thirty (30) days from the date of receipt by Seller of notification of such change unless Cily waives this condition In writing. Nothing In this section excuses Seller from proceeding with parlomrance of the order as changed. 4.. TERMINATION, City may terminate this order at ,any time, either warbally or In wrlting, with or without cause. Should termination odour,. 34y will Pay Seller as full performance unlit such termination the unit or )ro rata order price for the performed and accepted portion of the purchase. City may provide written notice of termination for Seller's fefault if Seller refuses or falls to comply with this order. If Seller does rot cure such failure within a reasonable time period, or fails to perform he Purchase within the lime specified (or allowed by aMansion), Seller 00 be liable to City for any excess casts Incurred by City. 4TIME EXTENSION. City may extend the time for completion N, in :Ity's solo determination, Seller was delayed because of causes beyond i Wler's control and without Seller's fault ornegligence. In the evert lalay was Caused by City, Seller's sole remedy Is limited to recovering Loney actually and necessarily expanded by Seller because of Las elay there Is no right to recover anticipated profit. .REMEDIES CUMULATIVE. City*s rights and remedies under this order r to not exclusive and are in addition to any rights and remedies provided r y taw. 1 ,TITLE. Title to materials and supplies purchased under this order ass directly from Seller to City upon City's written acceptance following �a ecwt9 a ��4s '.PAYMENT. City will pay Seller after receiving acceptable Invoices fo materials and supplies delivered and accepted or services rendered anc accepted. City will not pay cartage, shipping, packaging or hoxinc expenses unless specified in this order. Drafts wilt not be honored. UNDEMNIFiCATIDN, Seller agrees to Indemnify and hold City harmless from and against any claim, action„ damages, costs (including, without Iimltatlon, attorney°s fees), Injuries, or Ilab'llity, 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 Clty's request and with counsel satisfactory to CFy) and indemnify City for any judgment rendered against it or any sums paid out In settlement or otherwise. For purposes of this section 'Chin" includes City's officers, elected officials, and employees, It Is expressly understood and agreed tiaat 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 Gnat or quality the liabilities and obligations otherwise assumed by Seller pursuant to this order„ Including, without limitation, to the provisions concerning Indemnification. 10.WARRAtM. 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-sefvfces, or such other more favorable warranties as is specified in this order. WarranUes will be effective noWthstanding any Inspection or acceptance of the. Purchase by City. 11'.AS IGNMENT. 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 Sellers agent.. 12.INSURANC'E. Setter most provide the Insurance indicated on the face sheet of this Services Agreement. 1 ,PERMIT , Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order. 14.1ND9139 VDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have oonhoi of all work and the manner in which Is it performed. Seller will be he to contract for similar service to be performed for other employers while under contract with City. Sailer Is not an agent or employee of City and is not ontitied to participate In any panslon 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 ever the work means that Seller will follow the direction of the City as to end results of the work only.. fS.WANER. Olys review or acceptance of, or payment for, work eroducl prepared by Seller under this order will not be construed to apemta as a. wlalver of any rhte City may have under this Agreement or of any oaueo of action arising from Seller's performance. A waiver by 'Ity of any breach of any term, covenant, or conditinn contained In this ard'er will not be doomed to be a waiver of any subsequent breach of the ;acme or any other term, covenant, or condition contained in Ibis order, whether of the some or different character. ICINTENPRETA;TION. This Agreement was drafted in, and wrill be construed In accordance with the laws of fhe State of California, and !Xclustva venue for env action Involving this aoreerrent will be In Los ingalas County. Oliver Holt Sons and Daughters Christmas Trees 9123/22 Agreement No. 6510 City of El Segundo Recreation, Library and Parks 401 Sheldon Street El Segundo CA 90245 EXHIBIT"N' SCOPE OF SERVICES Oliver Holt Sons and Daughters Christmas Trees agrees to provide services listed on Quote No. 22013. City Agrees to pay Oliver Holt Sons and Daughters Christmas Trees as sum of Six Thousand Seven Dollars and Forty Four Cents ($6,007,44). 011var Holt Sons and Daughters Chriebnea Trees 9123122 Agreement No. 6510 Oliver Holt INVOICE Sons and Daughters 22013 Christmas 'Frees Order Date: 26-Sep-22 8611 knestoy Ave., Northridge C.4 91325 Phone: 1-818-886 2203 Fax: 1-818-886-0223 1-818-993-7682 after December l.st. L SEGUNDO_�_______ ^°�h� ,. CITY OF EL SEG'UNDO 401 SHELDON ST. MAIN ST, EL SEGUNDO CA EL SEGUNDO CA 3105242716 90245 3105242716 90245 Contact RYAN DELGADO Contact RYAN DELGADO 0 2013D.. SaiK1M e O-Jul2 yR Dirder gytre ,l te. i l 3 ntity �I 1 'r t i r qe r tduiq cim lbr1t rt,rt.wf t Ea tend d Prfid° '. 1 21'-22' GREEN F/P NOBLE : $5,775.00 $5,486.25 Subtotal: $5,486.25 Tax: $521.19 Less Paid $0.00 Total: $6,007.44 Delivered 13y: Received By: [ I Paid Check# ( ] Cash [ ] Bill IMPORTANT- PLEASE READ. Please Pate From This Invoice Payable To: Oliver Holt Terms: 501/6 deposit required upon receipt of this invoice to place order, balance due on delivery; Interest charged at 1 1 a per month (18% annual) on past due accounts. Cancellation policy: Deposit for trees over 12f , refundable by Oct. 15th. deposit for trees under 12ft. refundable by Nov 15th, deposit for trees over 16ft. is non-refundable. Buyer is responsible for mi -ordered trees, `CHAT YOU!