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CONTRACT 4497 CLOSEDSep Q9 13 11:52a Oliver Holt (818) 886 -0223 p.2 Agreement No. 4497 Services Agreement 1� 0 � -ThJ- CONTRACTOR: OLIVER HOLT DBA OLIVER HOLT CHRISTMAS TREES (vendor# 14511) DATE: 09/09113 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 00 01 11 85 or 88. 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. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® $1,000,000 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.) ® 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. 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 RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FORTHE CITY. Submitted by (complete all blanks): Company Name: By (Print name &title): OLIVER HOLT DBA OLIVER HOLT CHRISTMAS �l t 1 li' TREES l I C/Y Company Street Address: Vendpr Authorized SignatUore required; 8611 AMESTOY AVE. --� City, State, Zip: Date signed: 0/ I NORTHRIDGE, CA, 91325 + Phone: FAX: 818 -886 -2203 818 - 886 -0223 Vendor's Email address: oholtlandscape @aol.com Vendor's Web site: (,n; LJW, hoG i Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245 -3813 Origin alorlDepa rime nt Contacts 4 tVeredigi Petit Recreation¢ a erint de Date iniliated: 09/0912013 Department Head Approval: Date Approved: Date AoTIgT' CITY ATTORNEY hrehajiAg Agent; Ci I , Greg Carpenter PSA of El Segundo -, Agreement No. 4497 1.GENERALLY, materials, SUpplies, or services (collectively, 8.PA—YMENT. City willpay —Seller afer ­celv--- receiving acceptable invoices for "Purchase") covered by this services agrei.�rnpnt anct purchisul or-der niaterials and supplies delivered and accepted or services rendered and ("order") must be furnished by Seller subject to all the. terms and accepled. City will IV pay cartage, shipping, packaging or boxing conditions contained in this order which SPIN, , r, in, acceplinIq this girder , expeng.,.s unless specified in this, order. Drafts will not bG, honored. agrees to be bound by and comply with in all particulars, No , other terms 9.INDEMNIFICATION, Selzer agrees to indemnify arid hold City ,.I to I harmlless froni an(j agaif)st Garry C10411, action, damages, costs (inchiding, or conditions are binding upon the parties unless subsequently agree( in writing, Written acceptance or shipment of all or any Portion of the Mlhout fn*,allon, attcvrmy's fees), 6juries, or liability, arising out of the Purchase covered by this order constitUle$ unqUalifird acceplance of all Pivchase or the order, or their performance, Should City be named in terms and conditions in this order, The terrns of any proposal referred to l any suit or should any claim be brought agalnst it by suit or otherwise, in this order are included and made a part of the arder only to lhe extent ""v( °iether tire same be groundless or not, arising out of the Purchase or it specified the Purchase ordered, the price. and the delivery, and then order, or tI)Hr performance, Seller will defend City (at City's reqUest and only to ffie extent that such terms are consistent a,vlth the terrris; and i with counsel safisfactory to City) and indemnify City for any judgment conditions of this order, ; rendered agaOsl it or any sums paid Out in settlement or, othervVise, For ZINSPECTION, The Purchase furnished rriust Lwe uxwctly as spec&ed in puipcses of Jiis section "City" includes City's officers, elected officials, this order, free Win all de(eds in SdIer's performance, desic gn , and ernployees. 11 Is expressly understood and agreed that the workmanship, and materials, and, except as other vise pruv�Qded, is foregoing provisions will sUfVive termination of this order. The subject to inspectim) and ies', by City M all linnes arid if before f requirenlents as to the, lypes and limits of inswxwe coverage to be fin,M acceptance., any airy Purchase Is found to be Inccmplete, or root a's maintained by Sf,,fler, and any approval of such assurance by City, are specified, City may reject it, require Sefler to correct It without. charge, or fiw mlemdcd to and ^swill not m wiy mannPr limit or quality jlrro habIlifics require delivery Of Such Purchase, at a reduction in price that, IS equitable amj ubfit jjlons assuniefl by Seller pursuant In Riis carder, under the &GLImstarmes. If spirpr is unable or refuses to correct such m6uding, w4h�,,rijt l(rnitatfon, tct the PIWions coocerning iterns within a time deemed reason@ble by City, City nnay terminate trie 10, WARRANTY, &J16 ,,r aafcuu s thal this Purdras�o is coverea uy 11ir,, order in whole or In part. Seller bears all risks as to rejected Flurchases Inost fiavorable c%rmmercial warranties ilh(,> Seller gives lu any custumer and, in addition to any costs for which Seller rinay become liable to City for the SLVIae Or Substantially sinnilar supplies or services, or such Wher under other provisions of this order, ['MIM reimburse City for all 1 more favorable warranties as is specified in this order, Warranties will transportation costs, other related costs incurred, or payrnents to Seller be effective notwithstanding any inspection or accept',mce of the in accordance with the terms of this order for unaccepted Purdiases, I Purchase by City. Notwiffistanding City's acceplance of any Purchase, Seller is liable..,, for ll.ASSIGNMENT, City May assign this order. Except as to arsy latent defects, fraud, or such gross mistakes as con astute fraud. Payrrlerlt due under this wde�r, Seller may nut assi,)n or sultir.-,ontract floe 3,CHANGES. Crly may rnake cl)anges w&lql the getierM scq e of this order vidlroiA Cily"s, viritten approval. Stjoull(i City flive order In drawings and specific ateons for speci,,,Illy rnarnriactfved suppFvs, raheve seirer fronn any Obli, , corlsenr, It will 1,10, ga6ons, unider ttrio; order and any ifwisferee or Place, W dehVery, riu,"Mod Of shIpfirwnt Or packmg of thu issuer by giving su [;�cwltf aVor vMl be c w isudered I, Ljl[cf'!s aq eni, notice, to Seller and subsequently owifimuivp such ,-JIHM,3es in if 12.04SURANCE, Seller must provide tics insurance indicated on the suc1l chnnfjes affect the cost oaf or lhu tome n,,quireiJ kw pur form ance of face srleet of this Services Agreemeih, ibis order, an equibihk.., adjustment in the price or delivery or both must IUDERWTS, Solk.,r rr%est procwe 30 necessary perrniits and lk,,enseq, be made. No change by Seller is allowed "Vithoul City's ,witter and abide by all federal, stale, rind local Iav& for perlarming tivs, order, Any claim by Seiler for an adjustment under this section, must iie rnade fUNDEPENIH.:�NT CONTRACTOR, City anrj Soller agree flim Seller in writing mthin thirty (30) days from the date of receipt by Seller of vvill act as an indq)em1ent onritrraw„tot wid will have control of all work notification Of SUCh change unless City waives this condition In writing. I and the manner in wh ch is 11. perfornied Seller will be free to contract Nothing in this section excuses Seller front proceeding with performance "or succor service to be performed for other employers while under of then or-der as changed, contract vvith City. Seller is riot an agent or employee of City and is not 4, TERMINATION., City may terminale this order at any time, eiV,,er I entitled to participate In any pension plan, insurance, bonus or similar verbally or in writing, with or without cause, Should termination occur, j benefits City provides for its employees. Any provision in this order that City will pay Seller as full performance until such termination the unit or l may appear to give City the fight to direct Seller as to the details of doing pro rata order price for the [:Performed and accepted portion, of the 1 the work or to exercise a measure of control over the work means that Purchase, City may provide written notice of termination for Seller's Seller will follow the direction Of the- City as to end results of ilie work default 11 Seller refuses Of fails tO COMPly WOE this order, If Seller does I only. sisal cure such loiltge withwi a reasonat'de cr faies tf.,u perform 115. WAIVER, Cify's review or acceptance of, or payrnem for, wark the Ptrrchas�-,, mtrim iticr fime SPLCdied (al arkkwed by Seflur product prepared by Seller under this order will riot be construed to well be liable lo Crty for any emcess costs incurred by caiky operate as a v4wer of any rights City may have under this Agreement of l 5JIME EXTENSION, City inay exlend trip uIme fc,,�r completion If m of ariy cause of action arising from Seller's performance. A waiver by Crty's sole determinaborr, Seller was delayed because of causes beyond City of any breach of any terra, covenant, or condition contained in this Seller's control and 0iout SdIer's fault or nogligpnce, lrs thp event order %,A not be deernpd to be a waiver of any subsequent t breach of the delay was caused by City. Seller's, sole r+,,rnedy is hrnited Uo reccrvcrim, g sarne or any other tears, covenant, or condition contained in this order, inoripy actually arid necesswily expended fly Seller beca ise of the j whether of the same or different character, delay: there is no right to recover anticipated profit, KIINTERPRETATION, This Agfeenienlwas drafted in, and will be 6,REM11"DlES CUMULATIVE, City's rights and remedies under this order construed in accordance VAth the laws of the State of California, and are I10t e�sXGILIsive arid are in additiun to any rights and remedies provided exckisive venue for any action Involving this agreement will be in Los by law, �rigere.S COUnly, UITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upof, City's written acceptance follov.,ing ar! @ftuaf inspo �fto�i'and Ci 's oppor unity,, to re Oliver Hot 1FISA 9/9,2013 Agreement No. 4497 Order 1D Sales Rep Order Date Required Date Pickup Date Thomas Guide # 13012 KIM 09- Sep -13 26- Nov -13 732 E1 Quantity Product Name /Product Comment Unit Price Extended Price 1 21' -22' GREEN NOBLE $3,400.00 $3,230.00 PRICE INCLUDES STAND, WATER BOWL, FIRE RETARDANT AND DELIVERY. Deluv,med B,ya F,�.�ceiver.1 fi, r:..........._ Subtotal: $3.230.00 Tax: $290.70 Less Paid $0.00 Total: $3,520.70 Please Pay From This Invoice Payable To: Oliver Holt, Thank You. Please Reference Invoice Number with Payment to Insure Proper Credit. Terms: Deposit required, Balance due on delivery; 1 1/2 % payable on unpaid monthly balance.