CONTRACT 6747 One Page Service AgreementAgreement No. 6747
CONTRACTOR: Allison Training Perspectives and Service
Services Agreement
DATE MAILED: 7J - V
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 20 10 1185 or
equivalent. 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.
® &0 Liability, including owned, non -owned and hired vehicles with at least:
® $1.000,000 per occurrence.
❑ S100,0�00 - 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Jorkers' Com ensation Insurance: as required by State Statutes with Waiver of Subrogation. (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 NIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted b corn2lete all bganksl:
Company Name:
By (Print name & title):
Allison Training Perspectives and Service
Robby J. Allison, O .,ner
Company Street Address:
Vendor's Authorized Signature required:
4067 Hardwick Street
"—
City, State, Zip:
Date signed: .
3� / �'
Lakewood, CA. 90712-2350
Phone:
FAX:
562-212-1069
Vendors Email address:
Vendor's Web site:
robby@atpands.com_
www.atpands.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: Vanessa Arias, Senior Management Analyst Date initiated: 8/2/2023
Department Head Approval:
Insurance e: '" r " - ue
City Attorney City Manager
Allison Tramil Perspectives - One Page - Services Agreement WITH Prevailing Wage
Revised 3/28/23
Date Approved:l
Agreement No. 6747
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 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 rags 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.TERM i' TIME EXTENSION. This Agreement's term will be from July
1, 2023 to June 30, 2025 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 legal rights and remedies.
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 insoecti'on and Citv's orrDortunity to reject.
&PAYMENT. City wilt 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.
91ANDEMNII"ICATION„ Seller 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 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 expressly 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
notintended 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,
16.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
Allison Training Perspectives - One Page - Services Agreement WITH Prevailing Wage
Agreement No. 6747
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 them wages are available upon
request from CITY's Engineering Division or the website for State of
California Prevailing wage determination at
hA:CB www.dir.ca.cLovIDLSPJPWD, A copy of the prevailing rate of per
them wages must be posted at the job site.
118,CONSISTENCY, In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
18. CONSIDERATION. As consideration, CITY agrees to pay
CONTRACTOR for CONTRACTOR's services not to exceed a total of
$300 for the work in Exhibit 1.
$2000 per fiscal year for maintenance as quoted in Exhibit 2
(Schedule A).
CITY will pay for work as specified in the attached Exhibit 1 and Exhibit
2 which are incorporated by reference..
20.EXHIBITS. Exhibit 1. Elliptical repair estimate dated 6-28-23
Exhibit 2. Maintenance Contract, Schedule A
Allison Training Perspectives - One Page - Services Agreement WITH Prevailing Wage
Agreement No. 6747
EXHIBIT 1
KEEP YOUR FITNESS EQUIPMENT RUNNING AT TOP SPEED — DATE: 6128/23
4067 Hardwick St., Suite 495
Lakewood, Ca. 90712
Phone 562-212-1069
atDands.com
To El Segundo Fire Department Station ##2
Geoffrey Mackprang
2261 E. Mariposa Ave.
El Segundo, CA 90245
310-524-1990
SALESPERSON JOB
PAYMENT TERMS
DUE DATE
Robby ESFD
CITY DESCRIPTION
UNIT PRICE
LINE TOTAL
1 Precor elliptical console overlay
$70.00
$70.00
1 Precor elliptical console keypad
$45.00
$45.00
Shipping Et Handling
$35.00
$35.00
Labor-1.25 hours
$115.00
$143.75
Please_m make aU checks payable is ATP FITNESS
SUBTOTAL
$293.75
THANKS FORBUSINESS!
.
SALE TAX
5
......._ ._. ..
TOTAL
$293.75
Agreement No. 6747
EXHIBIT 2
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MAINTENANCE CONTRACT
This agreement is made between Allison Training Perspectives (ATP) and
E(SE�i'tti'��"�=rlrr , subsequently referred to as customer.
ATP's main focus is service and repair of fitness equipment, having its primary place of business
located at 4067 Hardwick Street, Suite 495, Lakewood, CA 90712. ATP will provide maintenance
and service on fitness equipment for the customer.
ATP agrees to provide the following services to maintain products listed on a
( IA_r? i Ems(' basis. This included 48-hour response to the customer facility, as needed,
for repairs. Any additional visits will be rated per the agreement, excluding parts (see Schedule A).
This agreement is a flat rate amount supporting the customer. The customer agrees to pay the sum
of $per visit for services listed and payment is due 30 days from the completed service date.
This will include: Overall inspection, adjustments, calibration, lubrication, minor on -site repairs
(as needed), external detailing and detailed summary reports of work performed.
This agreement becomes active on the first date of service. Parts, labor and any additional charges
will be quoted prior to any repairs being made. In the event this contract proves unsatisfactory to
either party, it may be terminated by a thirty (30) day written notice by either party.
Payment terms: Net thirty (30) days from the date of service. An interest charge of 1.5% per day
may be added to all past due accounts.
ATP Representative: -a"W c"% First Date of Service:
Customer Authorization/Title:
Date:
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SCHEDULE A
This agreement is designed to the needs of your facility. It is intended to reduce the frequency of
equipment repairs and to extend the life of your gym equipment by providing routine
maintenance. ATP agrees to perform regular scheduled visits for inspection, adjustments,
calib-ration, lubrication and cleaning, Detailed maintenance reports will be prepared quarterly
including maintenance, repairs and recommendations for budget efficiency.
This agreement is not a warranty or guarantee, and makes no claims expressed or implied,
regarding prevention of equipment breakdown. This agreement does not cover any parts or labor
for on -site repairs at the time of the maintenance visit. This agreement does not imply or express
failure of any kind due to misuse, normal wear, or any cost or financial loss to the customer may
experience due to equipment downtime while repairs are being made, or parts are on order from a
manufacturer. ATP will not be held liable for equipment failures and/or any and all injuries and/or
damage to persons or property resulting from equipment previously repaired by anyone other than
an ATP representative.
Any additional repairs authorized by the facility shall be billed above and beyond this agreement
which exceeds normal maintenance visits, except repairs that are relatively minor and not urgent in
nature. If such a repair can be solved during a regular scheduled maintenance visit, repairs shall be
included in the basic service cost of the visit. Cost of parts will be billed accordingly. Any additional
authorized service work needed at the time of the maintenance visit will receive discounted labor
rates, as compared to the normal labor rate, depending on the type of repair, number of units to
be repaired and the length of time needed to complete the repairs. Also, certain parts may be
discounted.
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SCHEDULE A GN
*Reduced on -site labor rate from $125 per hour to $115 per hour
*Determined discounts on parts (10-15%) from manufacturers list price
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and will receive the followingb-
*On-site inspection and diagnosis within 48 hours of service request (excluding Sunday)
Cost modifications of regular preventative maintenance are based on the type and quantity of the
equipment at the beginning of this agreement. If equipment is removed or added to the facility, the
visit charge will change accordingly. Both parties in the revision of the agreement will agree to this.
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