CONTRACT 4356 CLOSED4356 .
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Services Agreement
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CONTRACIOR: ANDREW RENNER (vendor #14826) DAVE: 10/17/12
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 Terns 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:
Z $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.
um m, m, Cmgcl 1501i as required by State Statutes. (Not needed if Sclf•amplo� with no omployer:s and
CONTRACTOR signs, sla'.Itrtnst)rtl tt) 09% 01100.) If you have no employees please sign here to certify:
gj r�.°�� I !C i : The CONTRAC TOR shall agree to have a current City of EI Segundo license n lile at City Hall or purchase
Bald liccfms (at no cost to the City).
❑ Permits: Plans nwst be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate Call the
Planning Managor @ (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 MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FORTHE CITY.
Submilled by (complolc all blanks):
Mail original agreement and
Originalorla :partmentgo,lrs�1��,,,,
Department Head
finance Approval:
City Clerk 350 Main Street, Room 5, Ell Segundo, CA 90245 -3813
Date inibatod: S �_
Agent: Requesting Dept, name• W J' YkF `r A4Jf '.t,4
1011&)12
tC:t`e _ , pelt_ T", uCty Manager
Z El Segundo
t_axL:tvt;rxAt.t.r, unC tmatCaRS. SUPlyttr.s, of Wrrrrces (gcatkrrrwefy,
p'turaat� r�1 r.uawe101 Iay tliS rottrlftc a8(jiet,nCAI art putEll'Oso older
(oaten,) nturwl I)tt furni rhfxl Ity Seller siuhjrta ilo rill tftr, t<:arns; and
tXxidnkrtrs t.unita'lnud in flits order wiloch Stiater, lh acuptiotj arts order,
agrees to be bound by and comply with in all particulars. No rah r terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Whitten acceptance er shipment of all or any portion of line
Purchase covered by this order constitutes unqualified acceptance of all
tr.rms and conditions in this order The terms of any proposal referroc1 to
in this order are included and made, apart of the order only to the, extent
it specified the Purchase ordered, the price., and the delivery, arxt then
only to the extent that such terms arc consistent with the terms and
conditions of this order.
2.INSPECTI0N. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's parroonance, design,
workmanship, and materials, and, except as othrnviso provided, is
subject to inspeclian and fast by City at all times and places. If, before
final acceptance, any any Purchase Is found to be incomplete, or not as
specified, City may reject it, require Seller to correct N without charge, or
requite delivery of such Purchase at a reduction in prict., that is eguiz rbie
under the ckeumsrances. If solar is unable or refuses to correct such
items within a time; deernad reasonable by City. City may terminate tho
order in whole or in part. Sillier bears all risks as to rojected Purchases
arid, in addition to any costs for which Seller may bec.orne liable to City
under after provisions of this order, must reimburse. City for all
transportation costs, other related costs incurred, or payments to Solhrr
in accordance with the teams of this order far unaccop rl Purchases.
Notikerthslanding City's acceptance of any Purchase, . Seller is liable, for
latent dF:fects, fraud, or such gross mistakes as constitute fraud.
3.CNANGES. City may make charges within the. general scope of this
order in drawings and speciCcatinns for specially manufactured supplies,
place of delivery, mrlhod of shipment or packing of the order by giving
notice to Seller arid subsequently confirming such changes in writing. If
such change=s affect the cost of ar the time required for podomtance of
this order, an oquitabho adjustment to the price or dolfvery or hoth must
be, made. No change by Seller is allowed without City's whiten approval.
Any claim by Seiler for an adjustment under this section must he mado
in writing within thirty (30) days from the data 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 frorfarmance
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 a, 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 far Seller's
default if Seller refuses or rails In comply with this order. If Seller does
not cure such failure within a reasonable droe period, or fairs to perform
Ate. Purchase within tlx: time specified (or allrrwad by extension), Seller
will be liable to City for any excess, casts incurred by City
5,TIME EXTENSION. 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 Cily, Seller's sale remedy is limited to recovering
money actually arid 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 rights and remedies provided
by law.
7.1111 E. Tiffe to materials and supplies purchased under this order
pass directly from Seller to City upon City's written eccoptance following
an actual i sr tronared Ci w's ontanntrrpetw ur a iect
4355 WA
is FATI I i City will pay Sellf.t aller rttCCIVing a(,ca nh$U 4)Vv COS' for
materials and supplies delivered and accepted or scwIcr .a raet wlm cd arwd
accepted. City will not. pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
A.INDF.M'NIFIGA "NON SOWN hvfr0es ter indemnify and hold City
haninfom hoof and o9 tinsi urtty rc aflri, �artinnc damages, costs (including,
William irorin icat aaa'onloy's frcos) llij�ii lrrs. or liability, arising out or the
l'archat;,ar as titer Dlder, at lhas'dr Shouted City be named in
any suit, or should any claim be brought against it by suit or olltenvise,
whether the sarne be groundless or not, arising out of the PntChaSP or
on :r, ca fheir performance, Sailer will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rersdered against it or any sums paid out in settlement ar otherwise. For
purposes at this section "City" includes City's officers, rdected officials,
and employees ht is expressly understood and agreed that the
loregaing provisions will survive termination of this order. The
requiromeras as to the types arid lirnits at insurance coverage to be
rnainitIlnud by Seller, arid any approval of such insurance by City, err,
not intended to and will net in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without imitation, to the provisions concerning Indemnification,
10, WARRANTY. Seller agrees that the Purchaser is covered by the,
most favorable cmnmercial warranties the Seller gives to any customer
for the same or substantially similar supplies ar services, or such Other
mare favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by Giry.
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, ft will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will he considered Seller's agent.
12.INSI.IRANCE. Seller must provide the Insurance indicated on the
face shet4 of this Services Agreement.
13.PERMTS. Seller must procure all necessary permits and licenses,
and ablde by all federal, State, arid local laws, for performing this order.
14.I1NDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all wark
and the manner in which is ft performed. Seller will be free to contract
for similar service to be performed for other ernployels while: under
contract v✓nk City. Seller is not an agent or employers of City and is not
entflled to partfcipato 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 liver the work means that
Seller will folltrw the direction of the City as In and resulls of [lie work
only,
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this nnfer will not be contanred to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising from `iellnr's performance. A waiver by
City of any broach of any teen, covenant, or condition contalned'in this
ceder will not be deemed to he a waiver of any subsequent breach of the
same or any other teen, covenant, or condition contained in this order,
whether of the some or different. character
16. INTERPRETATION. This Agreornent:was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involviny this agreemont will be in Los
Angodes County
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'' 40-4
(ly 01 El Segunft
Roeyembn and Parks Dq%runam
401 SImidon Sueet
U Segundo CA 90245
LXHR�L qQPE OF SERMES
ANURSIV IIIW ONER groes W provkJo anti operate O'choo-chou" slain dwinq the City's Annual! Holiday fice I ighlkig un
Doutnbei 6, M12 Irum MO pm, lo 11,00 pan, RcmAkm & Parks fyc'M CODrdiflaV Wfll PMWO LWOM bf,a11011 N0,10 'NI',108rc
Wforc the 0M A.
EXHIBI f "B" - COMPENSAVON SCHEDULE
,a City, a9mio rmyANDAW Sri ,,,NNI- 1,-� 10 Otto peif0iiinaMe u(suchsanift'as'lho Surn a
Six humlled dulkus ($600)'
Paynu,',Nil toun is NO 30 days upolli corni'moorl Omd apprvilod by tive City. ANDREVVRENNER undwslands HIM Cily
mayuquase payfflefli Am cofnjj')tofiun �Df work IP�iul rmtommmeed,
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