CONTRACT 7198 One Page Service AgreementAgreement No. 7198
Services Agreemem
d
C0,4TgACT0R Inlard Emc re Stages DATE: 1/13/2025
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 11 85 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.
® Comprehenslye General Uabll'it 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.
❑ JI00,0000.300 000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Compensation 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.
❑ Coo ofvatluct ictrure tl,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 (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY,
Subfmufted keyCOLOR COPY REQUIRED BACK TO THE CITY
Draft - Inland Empire Transportation Service Agreement 2025 Rev 414124
Agreement No. 7198
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 from
3/7/2025 to 3/7/2025. 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.
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 actL4 inspection and City's opportunity to reject.
8.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.
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. ARTIFICIAL INTELLIGENCE.. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "At") in the provision of prpfess�onai
Draft - Inland Empire Transportation Service Agreement 2025
Agreement No. 7198
services in this Agreement without City's express written consent. The /U
prohibition set forth directly above will not apply to general business
tools and ouMwam that may have Al components but are not directly
involved in the execution or delivery of professional oorvioou that this
Agreement covers, pirovided that sudi tools and software du not
significantly impad the quality or nature of such services, Seller mmmL
promptly notify C|(y, In wdW�� of any proposal to employ A� in
connection its provision of services to the City under this Agreement,
City will have the sole discretion togrant ordeny such proposal.
18. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §10.5 the parties agree that this
Amendment will be considered signed when the signature of party is
delivered byelectronic transmission. Such electronic signature will bo
treated inall respects ouhaving the same effect auanoriginal signature.
Seller warrants that its signatory (or signatories, anapplicable) tothis
Agreement has the legal authority to enter this Agreement and bind
Licensor accordingly.
18. CONSISTENCY. |ninterpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence overanyattauhedoxhibi1
with conflicting provisions.
30. CONSIDERATION. As consideration, City agrees to pay Seller for
GoUor'o services not to exceed o total of33.458 for the work. City will
pay for work as specified in the attached Exhibit "A" which is
incorporated byreferenoo'
21. EXHIBITS.
Exhibit A — Scope of Services and Rate
omn Inland Empire Transportation Service Agreement zo2s
Agreement No. 7198
Exhibit A
INLAND EMPIRE STAGES, LTD
9567 8th Street ° Rancho Cucamonga, CA 91730
(909) 466-4191
www iesbuses,com
Charter Confirmation
Devon Bargamann - Recreation Coord.
City of El Segundo Community Services
Department
350 Main Street
El Segundo, CA 90245
Group Name: City of El Segundo Community Services
Group Leader: Devon Bargamann - Recre;
Destination: Big BearLake, CA.
Leave Date: Friday, March 7, 2025
Spot Time: 5:15 am
Leave Time: 5:30 am
Confirmed: 08/22/24
Chatter 4: 62625
Phone: (310) 524-2701
Fax:
Order Date:
08/20/24
Sales Rep:
Stacey Key
9 Coaches:
1 Actual 9Pax:
Equipment:
56 pax coach
Requested Driver:
Return Date: Friday, March 7, 2025
Return Time: 8:30 pm
Pickup Teen Center 405 E. Grand Ave (lower Destination Snow Summit Resort 880
Details: level) El Segundo, CA 90245 Details: Summit Blvd, Big Bear Lake,
CA 92315
Group will be having a meal stop in Redlands on the way home as directed
Description _..__......_. .._ ._._. # Coaches ty Ra.tc m_., .� Charg
p e
56 pax coach based on 15 hours of
__.
service 1 _ .._... 1.00 $3,000,00 $3,000.00
15% fuel tax 1 1.00 $450 00 $450.00
$185,00 for each additional hour thereafter $0.00
Transport Charge: $3,450.00
Amount Paid $0.00
Balance Due: $3.450.00
PLEASE NOTE IMPORTANT MESSAGE: ON THE DAY OF YOUR CHARTER IF IT IS SNOWING OR THERE
IS ANY OTHER TYPE OF WEATHER I NATURAL DISASTER CONDITIONS, IT IS POSSIBLE THAT WE MAY
NOT BE ABLE TO TRAVEL TO YOUR PICK-UP OR DESTINATION LOCATION DUE TO ROAD CLOSURES
OR UNSAFE TRAVELING ON THE ROAD. YOU WILL BE ABLE TO RE -SCHEDULE FOR ANOTHER DATE
WHEN THE ROAD AND/OR WEATHER CONDITIONS HAVE CLEARED. IF YOU HAVE ANY QUESTIONS,
PLEASE CONTACT OUR OFFICE AT 909-466-4191. THANK YOU.
PLEASE NOTE: As of August 2024 a 15% Senate Bill fuel tax has been added. You will find it on a
separate line item on your charter confirmation and all invoices. This rate is subject to change based on
weekly fuel rates until further notice. We do require a signed copy of your charter confirmation(s) to be
sent back to us prior to your trip date. Pricing is subject to change based on current fuel cost.
TRIPS CANCELED LESS THAN 24 HOURS PRIOR TO YOUR DEPARTURE DATE & TIME WILL RESULT IN
A CANCELLATION FEE.
Agreement No. 7198
Ifyou have not already dune so, please remember to send us a complete itinerary to insure the Success ot'your trip.
Please call if you have any questions.
txcy Key
Charter Party Authorized Signature Date