CONTRACT 6937 One Page Service Agreement'f Y c,
Agreement No. 6937
'Services Agreement
Below you will fin a checklist relating to Insurance and other requirements that are required for doing business w 0i the City of l Segun& Only
those items the doff are tvt NDATORY, however 6 your standard policies exceed the minimum requirements please include. Comrnerclal
general liabillity, surance must tweet or exceed the requirements of �-C L Form No. CCU Zfl 10 11 BS or equivalent,. The amount of
insurance sal f below will be a combined single limit per occurrence for bodily injury, personal injury„- and property damage for the policy
coverage. Llabll" policies will be endorsed to name the Cftyr. Its officials, and employees As"additional Insureds" under said In sti6rwd-e
cover ne and to ate that such Insurance will be deenled "primary" such that any other insurance that may be carried by the pity will
be excess the . Such, Insurance must be do an 'occurrence," not a "claims made," basis andwill not be cancelable or subject, to
reduMori kept upon flmirrty"(fl) days prior wwrrid en notice to the City, Please trod additional Terms and Conditions on the reverse: side of this
Services Agreeme nt This Is not a purchase order or an authorkWon to begin work.
QgMpgel ensiwrre G_ene4 Lia I bifily,induding coverage for premises, products and completed operations, independent contractors, personal
injury an I corrlractual,obfrgations with combined single limits of coverage of at leastper,occunence.
Auto o a "including owned; non -owned and hired vehicles with at least"
1g gel per occurrence,
t ,00--1301! Per occurretice.
. As required by State'Statutes. A copy of your current policy must be suFirTriW mining yourself and or your company.
iM orn n l : as requited by Slate Staffs iu r o Sutrroaation. (Not needed it SeiF-:ernployed with no
emplo s and CONTRACTOR TOR signs statement to this effect,)
Bu ire Li nse: The GOMTRACTCt? shall agree to have a curienf City of Et Segundo license on file at City Hall or purchase said
license ( t no cost to the City).
El Egmik� Plans rnuM be, Z approved haver q ri*s) issued (no fee)'by the Ptanning' end Building Safety if appropriate. Call:tlwe Planning
Iwllanage (a� gift)
( PMY of @lJd i re I.Cf (Drivel's license etc.,)
PLEASE INCITE: APPLICABLE INFORMATION LISTED ABOVE MUST HE OBTAINED AND ON FILE, ORIOR 'fO THE ISSUANCE Of A C17Y
PURCHASE R BEING SENT TO YOU (VIA FAX OR HAkD COOY) BY THE"PURCHASING AGENT, THUS At.I"I'HORIZIND COMMENCMENT
Fes' T OF R t CITY.
Submjftd �y t e ll blank COLOR COPY IZWRF,.D.BACK TO THE CITY
Company Name: Ditigent Group, a California Corpotatiocw
ByIP ame We): banial WifharPresi ent
Company treat Mdress: 3050 Field Avenue, Los Angeles
li:�. »r ^ r�• it �`:
Insurance Appro
City A1146ay
Short Services
ib site: NIA
Elate initiated: Atrrit a 2t1 4
Date Approved:
bate Approved° 7-4
City Manager City qatt"
menr' DilE enr Gtaup.docx Reviser# 4i,4124
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 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.TERM I TIME EXTENSION. This Agreement's term will be for sixty (60)
days starting from the date first written above. 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.
6.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
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 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
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.
%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.
Short Services Agreement - Diligent Group.docx
17. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other similar
technologies (collectively, "Al") in the provision of professional services in
this Agreement without City's express written consent. The Al prohibition set
forth directly above will not apply to general business tools and software that
may have Al components but are not directly involved in the execution or
delivery of professional services that this Agreement covers, provided that
such tools and software do not significantly impact the quality or nature of
such services. Seller must promptly notify City, in writing, of any proposal to
employ Al in connection its provision of services to the City under this
Agreement. City will have the sole discretion to grant or deny such proposal.
18. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be
treated in all respects as having the same effect as an original signature.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind Licensor
accordingly.
19. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
20. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of $6,293 for the work. City will pay for
work as specified in the attached Exhibit "A," which is incorporated by
reference..
21. EXHIBITS. Exhibit "A", Network Cabling Proposal, Estimate No. C-
20231-1.
Short Services Agreement - Diligent Group.docx
EXHIBIT A
Agreement No. 6937
NETWORK CABLING PROPOSAL
DILIGENT
Diligent Group 3050 Field Avenue, Los Angeles, CA 90016
GROUP
323 407 4202 diligentgrp@outlook,com CSLB # 1078134 C-10
QUANTITY DESCRIPTION
UNIT PRICE
AMOUNT
CUSTOMER
16 #107F02WH ICC 2 port wall plate, White
$2,17
$34.72
City of El Segundo
4 #107F60BL ICC CAT6 Keystones, 25 pack
$85.78
$343.12
ESTIMATE NO
2 #107BP241 ICC Patch Panel Blank, 24 slot
$22.08
$44.16
C-20231-1
9 #CABR6EBL ICC CAT6 Riser Rated, 1000ft
$233.98
$2,105.82
DATE
4123/2024
ADDRESS
350 Main Street
CITY/STATE/ZIP
El Segundo, CA 90245
PHONE
310 524 2392
E-MAIL
jcalderon@elsegundo.org
PROJECT
City of El Segundo IT Dept
PREPARED BY:
Daniel Molina
ATTENTION
Jose Calderon
PAYMENTTERMS
See Scope of Work
QUOTE VALID TILL
6/22/2024
SUBTOTAL
$2,527.82
THIS PROPOSAL INCLUDES THE CONDITIONS NOTED:
TAX RATE
9.50%
Installation of (32) network drops from MDF to (2) conference room and (30) IT Dept
SALES TAX
$240.14
office locations. Termination at (16) 2 port wall plates and (2) 24 port patch panel.
Removal of (4) monitors and reinstallation of (3). Payment terms as follows: 50%
Deposit, 50% at final completion
Labor
$3,525.04
TOTAL
$6,293.00
Sign Below to Accept Quote:
Authorized Rep Date