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CONTRACT 4376 CLOSEDt Services Agreement w, CONTRACTOR: OLIVER HOLT D A C ''VER HOL G CHRisT MAS, TREES (vend cr 145" "': DATE :1018f12 Below you will find a checklist relating to Insurance and other requirements tha' 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 insureds" 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. ® Corn reer�iv Grrneral 0_�atoiiLy, 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, 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: Zj $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 FOR THE CITY. SutsmittedIiL Wmplete all blanks'): COLOR COPY REQUIRED BACK TO THE CITY Company Name: By 11 (Print amore & fide) . ....._..� OLIVER HOLT DBA OLIVER HOLT CHRISTMAS r I TREES Company Street Address: Vendor's A dz Sigrtatur� ur 8511 AMESTOY AVE. City, State Zip: Date si Z NORTHROGIi.., CA. 91325 l G PIS - ene; FAX: 818-886-22.03 818- 885 -0223 L �Bendor s Email address: Vendor's Welo sit(!,,: I Mail original agreement and insurance to: City of El Segundo - City Clerk 350 Main Street, Room 5„ El Segundo, CA 90245 -3813 is ! adm,, la t Nlyledith eatit 41e tAn �,w° �a� °It _ Date €rRated , Irk ^ 8'2312 aifn r�r Head x a, a Catre A rravej: Date Approved: Business C nt� t'ua�Rnas "silo�4ats und; Ct xgxue�Rlagr ter, xu ne- r t R Zk PA�RI�S APPROVED AS TO MO -I Oliver Holt 1PSA 101MO12 CITY ATTORNEY —--- - - -�-- City Clerk Greg Carpenter, City Manager City of El Segundo 3 C M,, e R services ( after acceptable- e covered b s servies a 4reemenanl pase rd c s1 i� a c supplie delered d ry services rendered and ( aide )mut she ta the a s accepted. y a 9. shipping, packaging or boxing con&kais contained in this order which Seiler, in accepting this order, expenses unless specified in this order Drafts will not be honored. agrees tube bound by and comply within all particulars No other terms 9.INDFMNIFICATION. Seller agrees to indemnify and hold City or conditions are binding upon the parties unless subsequently agreed to harmless from and aga�nst any claim, action. damages, costs (including, in writing. Written acceptance or shipment of all or any portion of the without limitation, attorneys fees), injuries, or liability, arising out of the Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order or their performance. Should City be named in terms and conditions in this order. The terms of any proposal referred to any suit; or should any claim be brought against it by suit or otherwise, in this order are included and made a part of the order only to the extent ! whether the 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 their performance Se1er will defend City (at City's request and only to the extent that such terms are consistent with the terms and with counsel satisfactory to City) and indemnify City for any judgment conditions of this order rendered against it or any sums paid out in settlement or otherwise. For 2.INSPECTION. The Purchase furnished must be exactly as specified in purposes of this section -Ciuv' includes City's officers, elected officials, this order. free from all defects in Seller s performance, design. I and employees. It is expressly understood and agreed that the workmanship, and materials, and, except as otherwise provided is foregoing previsions wJl survive termination of this order. The subject to inspection: and test by City at all times and places. If, before ; requirements as to the types and limits of insurance coverage to be final acceptance, any any Purchase is found to be incomplete, or not as ` maintained by Seller, and any approval of such insurance by City, are specified, City may reject it, require Seller to correct it without charge: or not intended to and will not in any manner limit or qualify the liabilities require delivery of such Purchase at a reduction in price that is equitable and obligations otherwise assumed by Seller pursuant to this order, under the circumstances. if seller is unable or refuses to correct such including, without limitation, to the provisions concerning indemnification, items witMn a time deemed reasonable by City. City may terminate the 10,WARRANTY. Seller agrees that the Purchase is covered by the order in whole or in part Seller bears all risks as to rejected Purchases most favorable commercial warranties the Seller gives to any customer and, in addition to any costs for which Seller may become liable to City for the same or substantially similar supplies or services, or such other under other provisions of this order, must reimburse City for all more favorable warranties as is specified in this order. Warranties will transportation costs. other related costs incurred, or payments to Seller be effective notwithstanding any inspection or acceptance of the in accordance with the terms of this order for unaccepted Purchases. Purchase by City. Notwithstanding City's acceptance of any Purchase. Seller is liable for 11,ASSIGNMENT. City may assign this order. Except as to any latent defects, fraud, or such gross mistakes as constitute fraud. payment due under this order, Seller may not assign or subcontract the 3,CHANGES. City may make changes within the general scope of this order without City's written approval. Should City give consent, it will not order in drawings and specifications for specially manufactured supplies, relieve Seller from any obligations under this order and any transferee or place of delivery, method of shipment or packing of the order by giving subcontractor will be considered Seller's agent. notice to Seller and subsequently confirming such changes in writing If ! 12.INSURANCE. Seller must provide the insurance indicated on the such changes affect the cost of or the time required for performance of face sheet of this Services Agreement. this order, an equitable adjustment in the price or delivery or both must 13.PERMITS. Seller must procure all necessary permits and licenses, be made. No change by Seller is allowed without City's written approval and abide by all federal: state, and local laws, for performing this order. Any claim by Seller for an adjustment under this section must be made 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller in writing within thirty (30) days from the date of receipt by Seller of will act as an independent contractor and will have control of all work notification of such change unless City waives this condition in writing, and the manner in which is it performed. Seller will be free to contract Nothing in this section excuses Seiler from proceeding with performance for similar service to be performed for other employers while under of the order as changed. contract with City Seller is not an agent or employee of City and is not 4. TERMINATION. City may terminate this order at any time, either entitled to participate in any pension plan, insurance, bonus or similar verbally or in writing, with or without cause. Should termination occur, 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 may appear to give City the right to direct Seller as to the details of doing pro rata order price for the performed and accepted portion of time 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 the work default if Seller refuses or fails to comply with this order. If Seller does only, not cure such failure within a reasonable time period or fails to perform 15.WAIVER. City's review or acceptance of, or payment for: work the Purchase within the time specified (or allowed by extension) - Seder product prepared by Seller under this order will not be construed to MH I ie fiadle to COV Or aruy excess m o.raror d by G hi operate as a waiver of any rights City may have under this Agreement or y 11 !1 1' d1m:1'kS6N City may extend Gho °,see for , s ryPm!w ",O , J mire of any cause of action arising from Sellers performance. A waiver by (Ay's 010 rdetem,,onabon, I,,' 3elie4 was deg ayed De cm se of causes to aond City of any breach of any term, covenant, or condition contained in this Cehers contrLN and Vdith,rrororot S( leers to .ul` or sT rg4ppenu , in khe eld wok order will not be deemed to be a waiver of any subsequent breach of the rdetay was caused Ilry Cdty. SeHiw s sde remedy as durrmdted To remove rig same or any other term, covenant, or condition contained in this order_, money aetudlly and necessarily expended 'l )e Belie da -&,Ee Of �ihe =whether of the same or different character delay: Plere is no siyldi to rerXwee ant iptated D attf 16-INTERPRETATION. This Agreement was drafted in, and will be R REMEMES CLAW ..AIISIII ty`s ig its and a doe eudies a ae yh „ ruler construed in accordance with the laws of the State of California. and srd Fme eedrse.lee ere re wl&fiun to ery r y u t and o e e r � �,° de� exci uswe venue for any action involving this agreement will c e In Ems by IRadw. Angeles County d.Ei IIL I_E,, 'Nfle to rnatlerlJs and t1uqlplloes laurchasei urlde ty s n e& grass rdilrat:tdy from ' filer to Qty eltorr tb ; _ , i gtr t erg a a an a� °tlrrdfail rro iy�tAsCcrd i ties +.rrot�ti1 d .... t ...... �d .rr,._..., Oliver Holt -PSA 10: &2012 Bill To: CITY OF EL SEGUNDO 401 SHELDON ST ELSEGUNDO CA Ship To: MY OF EL GUNDO 350 MAlN ST ELSEGUNDO CA 3105242880 90245 3105242880 90245 Contact MEREID TH Contact MEREDITH THIS IS A QUOTE. PRICE INCLUDES STAND, Subtotal WATER BOWL, FIRE RETARDANT AND DELIVERY, Tax: I Delivered By� paild A $3:135 00 $274,31 $0.00 $3,409,31 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.