CONTRACT 3373 One Page Service Agreement CLOSED3ff�;,
Agbk 337 3 . , ..�
Services Agreement - Hold Harmless & Indemnification
CONTRACTOR: Associates Purchasing DATEMAILED: September 10, 2004
Below you will find a checklist relating to Insurance and othewever if our standardrpoleces exceed the minimum requirements is please)
Segundo. Only those items checked -off are MANDATORY, ho y
include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 8d8. The
amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property ag e
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 "to the Cie "Please find additional Terms will not be
Conditions on the reverse
to reduction except upon thirty (30) days prior written notice ty.
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 0$_00 000 per occurrence.
Auto Liabili ,including owned, non -owned and hired vehicles with at least:
® 1 0$ , 00,000 per occurrence.
❑
$100,000 - 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
�$ Workers' Compensation Insurance: as required by State Statutes. (Not needed if Self - employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Errors & Omissions or Malpractice or Professional Liability: depending on type of contract/service. At least 1000 000 per
occurrence.
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 Community, Economic and Development Services
Department if appropriate. Call the Building Manager @ (310) 524 -2345 if you have questions.
❑ Copy of valid picture I.D. (Drivers license etc.)
OF A
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED Y THE R SKOMANAGERIPURCHASING AGENTETHUS
CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) B
AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Submitted by (comDlete all blanks): COLOR COPY REQUIRED BACK TO THE CITY
Company Name: Associates Purchasing By (Print name & title): . t GO p C e-0
Company Street Address: Vendor's rized Si ired:
10351 Santa Monica Blvd. #310 �
City, State, Zip: Date sign C!
Los Angeles, CA 90025
Phone: FAX:
310 - 286 -1800 310 - •286 -1511
Vendors Email address: ` Vendor's Web site:
WwvJ.. QSSOCtafi?s (lrCh�Si(lc
You can reach the Risk Manager /Purchasing Agen wit questions at (310) 524 -2339 or e-mail : rhggate(a elsegundo.org.
Mail origin a same to: C' of El Segundo - City Clerk 350 Main Street, Room #5, El Segundo, CA 90245.3895.
OriginatorlDepertrnentCoritact:
Date initiated:
Department Head Approval: Date roved:
Risk Manager/Purchasing Agent approval:
Date Approved:
name -
cc: Business License; City Clerk; Purch ing Agent; Requestin pt 9/9/04
(1) Services Agreement - Hold Harmless.doc
(1) Services Agreement - Hold Harmless.doc
9/9/04
1.'GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and
&PAYMENT. City will pay Seller after receiving acceptable invoices for
purchase order
( "order") must be furnished by Seller subject to all the terms
materials and supplies delivered and accepted or services rendered and
and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs
writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance
(including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase
of all
terms and conditions in this order. The terms of any proposal referred to
in
or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by
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,
suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
and then
only to the extent that such terms are consistent with the terms and
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
any judgment
rendered against it or any sums paid out in settlement or otherwise. For
"City"
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise is
purposes of this section includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing
provided,
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
provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
as
specified, City may reject it, require Seller to correct it without charge, or
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct
or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
such
items within a time deemed reasonable by City, City may terminate the
order in whole or in Seller bears
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
part. all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services,
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
or such other
more favorable warranties as is specified in this order. Warranties will
be
in accordance with the terms of this order for unaccepted Purchases.
effective notwithstanding any inspection or acceptance of the
Purchase by City.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
11.ASSIGNMENT. City may assign this order. Except as to any
&CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially
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
manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for
12.INSURANCE. Seller must provide the insurance indicated on the
face
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.
sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
Any claim by Seller for an adjustment under this section must be made
in
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in
will act as an independent contractor and will have control of all work
writing.
Nothing in this section excuses Seller from proceeding with performance
the
and the manner in which is it performed. Seller will be free to contract
for similar service to be performed for other employers
of order as changed.
4. TERMINATION. City may terminate this order at any time, either
while under
contract with City. Seller is not an agent or employee of City and is not
entitled to participate in any insurance,
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit
pension plan, bonus or similar
benefits City provides for its employees. Any provision in this order that
or
pro rata order price for the performed and accepted portion of the
Purchase.
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
City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this If Seller
work means that
Seller will follow the direction of the City as to end results of the work
order. 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
only.
15-WAIVER. City's review or acceptance of, or payment for, work
will be liable to City for any excess costs incurred by City.
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
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because
or
of any cause of action arising from Seller's performance. A waiver by
of causes beyond
Seller's control and without Seller's fault or negligence. In the event
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because the
waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
of
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies this
whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be
under order
are not exclusive and are in addition to any rights and remedies provided
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement be
by law.
7.TITLE. Title to materials and supplies purchased under this order
will in Los
Angeles County.
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reiect.
(1) Services Agreement - Hold Harmless.doc
9/9/04
07/30/2004 14:57 FAX 8185676544
07/29/2004 13 :53 :1102861511
A'
ASSOCIATES PURCHASrNO
The Office Interior Ptn(essionals
July 28, 2004
J. Riohard Hogat
City of El Segun(
Risk Managemei t 8 Purchasing
350 Main St
El Segundo, CA I )245 -3895
Dear Mr Hogate,
THE DESIGN STUDI 3373 , „ 902
ASSOCIATESPURCHASING `,PAGE” 02/21
Pricing for the K sg furniture and delivery, and installation for the total project is stated below. Please
provide a purOirz i3 order according to the criteria below. Once you provide the purchase order to us
we will process y I it order.
Told Cost $ 15,544.00
Tax 8.25% 1,282.38
Grand Total $ 16,826.38
Purchase Order MUST be made Out Inter sent to:
Associates Purr r asing
10351 Santa MO r ca Blvd
Suites 310
Los Angeles, C/ 10025
Attn: Michele K r:cioiek
Cpent Slgnswrv. .
Best regards,
Autumn Van Tre M :k
Account Exacutl r
Associates Pure r king
10351 5ANTA MONICA JVD., SIJITE 310 + LOS ANGELES, CAUrORNIA 90025 • TELEPHONE: 310.286.18(X) -FAX: 310 2H6.1511