CONTRACT 6575 One Page Service AgreementAgreement No. 6575
Services Agreement
CONTRACTOR: AMERICAN TECHNOLOGY SOLUTIONS, CORP.
DATE MAILED: December 7, 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 1185 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 Gen rat L ilit , 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.
❑ $100,000 0,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Corn ensation 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 LID, (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 MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Sub itted b corn e e all blanks COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
AMERICAN TECHNOLOGY SOLUTIONS, CORP.
By (print name 8 title):
I qpsitle,In ,e k- ?110 o i' vf.
Company Street Address:
Vendor's Authorized SI nuatur�e
1212 S. Na eer Blvd, Suite 119-201
re fired. �::::J36
City, State, Zip:
Date signed:
% %
Yea er #Je IL 60540
1 L3
Phone:
888-287.8303
FAX:
mm C!_ .
Vendor's Email address.
Vendoe's'Illleb site:
mrichier alsonline.com
J
.. c.
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:
Department Head Approval:
gnsur n proval:
Csity Attor
City Manager
City
Dale initiated: 12117122
Date Approved:
d: �
Agreement No. 6575
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 lime 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 lime 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 Seger 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, eilherverbally or in
writing, with or without cause, Should termination occur, City will pay Seller as
full performance until such termination The unit or pro ratal order price for the
performed and accepted portion of the Purchase. City may provide written
notice of termination for Sager's default if Seller refuses or falts to comply with
this order. If Seller does not cure such failure within a reasonable lime 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,
Sellers sole remedy is limited to recovering money actually and necessarily
expanded by Setter because of the delay, there is no right to recover ant"idpated
profit.
6.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 MR not pay cartage, shipping, packaging or boxing expenses
unless specified in this order. Drafts will not be honored.
9,11SIDEMNIFIC'ATION, Seffer agrees to Indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorneys 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 they performance, Setter will defend City
(at Citys 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 oumoses of this section "City' includes Cif 's officers, elected
officials, and employees. It is expressly understood and agreed that the
foregoing provisions Y411 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 [his 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 orderwill 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.
i6.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.. It required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AS 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 penally or civit 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-.Ihvwvrw.dirca. ovfDLS PWD. A
copy of the prevailing rate of per diem wages must be posted at the job slle.
16. 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:
Referto attached Exhibit"A"
EXHIBIT A
Agreement No. 6575
A.
MERICAN iEl HNOLOCT SOLi." TONS
1212 S. Naper Blvd
Suite 119-201
Naperville, IL 60540
Client: City of El Segundo RFQ#: 09282210339
350 Main St.
El Segundo, CA 90245 Date: 9/28/2022
Phone: 630-548-1970
Fax: 630-839-7252
ATS PrintFreedom Year-end Services
*Qty
Description
Unit Price
Cost
1
2022 1095-C Database Load with Production and Test File
50.00
50.00
1
2022 1095-C Datamap
250.00
250.00
1
ATS My1095-C Annual Online Hosting and Storage
500.00
500.00
1
IRS 1094-C Electronic Filing Fee for a single EIN
500.00
500.00
268
ATS My1095-C Print and Mail Services (includes postage)
0.98
262.64
0
ATS My1095-C Online Hosting - Employee Consent
0.40
0.00
* Reflects Estimated Quantity
Total Estimated Cost: $1,662.64
*** PLEASE DO NOT PAY THIS QUOTE ***
An Advance Deposit of $152.76 for Print and Mail Services is due by 1210112022
Purchase Order #
Please sign and fax RFQ to: ATS Sales
Fax: 630.839.7252
Client Signature Date
Please Mail Advance Deposit Check to:
American Technology Solutions
Attn: Accounts Receivable
1212 S. Naper Blvd, Suite 119-201
Naperville, IL 60540