CONTRACT 7142 One Page Service AgreementAgreement No. 7142
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CONTRACTOR: Holt Familv Christmas Trees DA
Below you will find a checklist relating to Insurance and other requiremei
Segundo. Only those items checked -off are MANDATORY, however if youi
include. Commercial general liability insurance must meet or exceed tl
equivalent. The amount of insurance set forth below will be a combined sir
property damage for the policy coverage. Liability policies will be end
"additional insured's" under said insurance coverage and to state that
other insurance that may be carried by the City will be excess therei
"claims made," basis and will not be cancelable or subject to reductlo
City. Please find additional Terms and Conditions on the reverse side of th
an authorization to begin work.
ree ent
5 that are required for doing business with the City of El
tandard policies exceed the minimum requirements please
requirements of ISO-CGL Form No. CG 20 10 1185 or
le limit per occurrence for bodily injury, personal injury, and
ed to name the City, its officials, and employees as
uch insurance will be deemed "primary" such that any
Such insurance must be on an "occurrence," not a
except upon thirty (30) days prior written notice to the
Services Agreement. This is not a purchase order or
Comprehensive General Liability, 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 af0east:
® $1,000,000 per occurrence.
❑ 14000 - 300,000 per occurrence.
[l As required by State Statutes. A copy of your current
Workers' Compensation Insurance: as required by State Statutes
no employees and CONTRACTOR signs statement to this effect.)
Business License: The CONTRACTOR shall agree to have a cur
said license (at no cost to the City).
Permits: Plans must be approved and permit(s) issued (no fee)
Planning Manager @ (310) 524-2340 if you have questions.
Copy of valid picture I.D. (Drivers license etc.)
must be submitted naming yourself and or your company.
(Not needed if Self-employed with
City of El Segundo license on file at City Hall or purchase
the Planning and Building Safety if appropriate. Call the
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE 0( TAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE P)1RCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
ubmtitteej2y (complete all ttianW:
Company Name:
Holt Family Christmas Trees
Company Street Address:
9250 Reseda Blvd. #170
City, State, Zip:
Northridge. CA 91324
818-492-4376 _
Vendor's Email address:
Originator/Department Contact:
COLOR COPY REQUIRED BACK TO THE CITY
11
By (Print name 4lel
Department Head Approval: XAAf14
Insu( n Approval:
City A orney City Manager
d
Vendor'
Date signed: (�
FAX:
Vendors Web site:
Date initiated:
Date Approved, _ 2..q
.....
Data roved.
City Clerk
DRAFT —Service Agreement Revised 4/4/24
Agreement No. 7142
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. �GE �Y.The�matedals, 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 fir'nes, and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
sped, fled, City may reject it, require Seller to correct it wthout 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 unacceptedl Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
1CHANGES, 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 Setle:r 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 falls to comply will, 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
110512024to U13112024 _ City may extend the time for
completion R, in City's sole determination, Seller was doic9yed because of
causes beyond Seller`s control and without Seller's fault or negligence,
In lhP event delay was caused by City, Seller's sole remedy is llnilted 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 rerriedies 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.____,_ __ -
i.PAy ENT. , City will I pay Seller after receiving acceptable invoices for
matey, is and supplies delivered and accepted or services rendered and
A
accepted, City will not pay cartage, shipping, packaging or boxing
expensis unless specified in this order. Drafts will not be honored.
VNDEf NIFICATION. Seller agrees to indemnify and hold City
harmles , s from and against any claim, action, damages, costs (including,
without � imitation, attorney's fees), injuries, or liability, arising out of the
Purchaje or the order, or their performance, Should City be named in
any suil or should any claim be brought against it by suit or otherwise,
whethO the same be groundless or not, arising out of the Purchase or
order, d, their performance, Seller will defend City (at City's request and
with counsel yinsel satisfactory to City) and indemnify City for any judgment
render against against it or any sums paid out in settlement or otherwise. For
purpos s of this section 'City" includes City's officers, elected officials,
and e 'ployees, It is expressly understood and agreed that the
foregoOg provisions will survive termination of this order. The
requireants as to the types and limits of insurance coverage to be
rnanta"i , led by Seller, and any approval of such insurance by City, are
not Inte ded to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
indudirl, , without limitation, to the provisions concerning indemnification.
110MAIRRANTY, Seller agrees that the Purchase is covered by the
most fikorable commercial warranties the Seller gives to any customer
for the ame or substantially similar supplies or services, or such other
more f vorable warranties as is specified in this order. Warranties will
be eff notwithstanding any inspection or acceptance of the
Purcha'e by City,
11.AS IGNMENT. City may assign this order. Except as to any
payme' t due under this order. Seller may not assign or subcontract the
order ithout City's written approval. Should City give consent, it will not
relieve elIer from any obligations under this order and any transferee or
subooaLractorwill be considered Seller's agent.
112.11— RANCE. Seller must provide the insurance indicated on the
face sh et of this Services Agreement.
13.PE NUTS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order,
143NDiPENDENT CONTRACTOR. City and Seller. agree that Seller
will Soil as an independent contractor and will have control of all work
and 14 manner in which is it performed. Seller will be free to contract
for s1lar service to be performed for other employers while under
contraqt with City. Seller is not an agent or employee of City and is not
entilled,J to participate in any pension plan, insurance, bonus or similar
benerttS City provides for its employees. Any provision in this order that
may ap pear to give City the ' right to direct Seller as to the details of doing
the w 'k or to exercise a measure of control over the work means that
Seller Al follow the direction of the City as to end results of the work
0
only.
15,WA VER, City's review or acceptance of, or payment for, work
produ prepared by Seller under this order will not be construed to
operati 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 ofiany 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,
whelh of the same or different character,
16.INt RPRETATION: This Agreement was drafted in, and will be
constr6ed in accordance with the laws of the State of California, and
exclusg,,�ie venue for any action involving this agreement will be in Los
Angel County.
17. PREVAILING WAGES. If required by applicable state law including,
Withw' limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, '1774, 1775, and 1776, Seller must pay its wor4tS—prqvalliag
DRAFT —Service Agreement
Agreement No. 7142
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22. EXI
t is Seller's responsibility to interpret and implement any
g wage requirements and Seller agrees to pay any penalty or
!age resulting from a violation of the prevailing wage laws. In
Ince with Labor Code § 1773,2, copies of the prevailing rate of
Pi wages are available upon request from City's Engineering
or the website for State of California Prevailing wage
matron at htR �r,dir,ca ov]DIW RMW ,. A copy of the
�g rate of per diem wages must be posted at the job site.
TIFICtAL INTELLIGENCE. Seller must not utilize, employ, or
ate any form artificial intelligence, machine learning, or other
jechnologies (collectively, "Al") in the provision of professional
in this Agreement without City's express written consent. The Al
,on set forth directly above will not apply to general business
d software that may have Al components but are not directly
in the execution or delivery of professional services that this
ent covers, provided that such tools and software do not
Cntly impact the quality or nature of such services. Seller must
notify City, in writing, of any proposal to employ Al In
ion its provision of services to the City under this Agreement.
ihave the sole discretion to grant or deny such proposal.
IECTRON'IC SIGNATURES; SIGNATURE AUTHORITY. In
race with Government Code §16.5, the parties agree that this
nent will be considered signed when the signature of a parry is
d by electronic transmission. Such electronic signature will be
in all respects as having the same effect as an original signature„
iarrants that its signatory (or signatories, as applicable) to this
ent has the legal authority to enter this Agreement and bind
r accordingly.
4 IST'ENCY, In interpreting this Agreement and resolving any
ties, this Agreement takes precedence over any attached exhibit
rtllctng provisions.
4SIDERATION. As consideration, City agrees to pay Seller for
services not to exceed a total of $6,427.70 for the work. City will
work as specified in the attached Exhibit "A," which is
'ated by reference..
IIBITS.
F A: Scope of Work
r B: Compensation Schedule
DRAFT Service Agreement
Agreement No. 7142
City of El Segun�,'o
Recreation, Parks, and Library Department
401 Sheldon Street
ElSegundo CA 504
EXHIBIT "All — SCCP�E CEO SERVICE
Holt Family Christmas Trees agreed to provide services listed on Estlrhate 1131,
City agrees to pay Holt Family Christmas Trees a sum of Six Thousara`d Four Hundred and Twenty Sevent Dollars and
Seventy Cents ($6,427.70)
DRAFT Service Agreement
Holt Family Christmas Trees
9250 Reseda Boulevard, 170
Northridge, CA 91324 US
+1 8184924376
Info@holtfam Ilychrtstm as trees. cam
http: Yholtfam ilychristm astrees. cam/
Estimate
ADDRESS
CITY OF EL SEGUNDO
401 SHELDON ST.
EL SEGUNDO, CA 90245
DATE
21'-22' F/P NOBLE FIR
SHIP TO
CITY OF EL SEGUNDO
MAIN ST.
EL SEGUNDO, CA 90245
DESCRIPTION
INCLUDES: TREE, STAND, f
RETARDANT, FIRE MARSH',',
APPROVED TAGS, DELIVEF
INSTALLATION
i
Please verify all Information for accuracy If acceplableplease approve If
unacceptable please let us know your revisions.
Accepted By
Accepted Date
Agreement No. 7142
EXHIBIT B
ESTIMATE 1131
DATE 08/27/2024
EXPIRATION 10/15/2024
DATE
OTY RATE
:IRE 1 6,179.00
kL
WAND
DISCOUNT 5%
TAX
TOTAL
AMOUNT
6,179.00T
6,179.00
-308.95
557.65
$6,427.70
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