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CONTRACT 4889 One Page Service Agreement CLOSEDCONTRACTOR: ERLA da EMSAR California DATE MAILED: 05/13/15 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 2010 1185 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. Comprehensive General Liabili ty, 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, ❑ $110,000.300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Corgnen atipn Insurance: as required by State Statutes with Waiver of Subrogation. tion. (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. ❑ Co py of valid "ptp rift e I 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. brni I e ail blanks): COLOR COPY REQUIRED BACK TO THE CITY r °r'U f.. 5'3513 c� original g � � �� Room 5 El Segundo, CA 9024 � �� 9 8 p ce City y a Ori ti ator /De artment Contact nauran � t o E n o ^� t lark 350 Main Sir ©tat I�u� Date lraGtlated; "" Lj Department Head Approval: Date Approved: 427' Finance Approval: Date Approved; 2( o ca Business License; C' r ClilPurch�asln# Agent;'Rettuesting Dept. name- _(1) Page Services Agreement with check boxes rev of a S mndn 6/11/15 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.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 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 rights and remedies provided by law, 7.TITLE, Title to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity to reject. Agreement No. 4889 B.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 forgoing _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. %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. %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. _(1) Page Services Agreement with check boxes rev 6/11/15 Agreement No. 4889 Authorized Approval (Signature) Authorized Approval (Print) Date AR Authorized Approval (Signature) E � Authorized Approval (Print) Date Qtu to Worksheet Customer Name: 'Date Issued: 7.29,2015 El Segundo Fire Dept, Issued By: Baker, Dan Contact: 'Phone: 937.366.1344 Carol Lynn Anderson Address: www.EMSAR.com Address 1: 314 Main Street Address2: City State Zip ElSeRundo CA '90245 Phone: 310.524.2235 Fax: email: ganderson@elgMd=o.org Select Service Center EMSAR California Enter Distance "from Set,Aci;Center 7 Zone 2 Select Model Power Cots 93 -P 59 -T Stair Chait Fasteners Select Service Type (Bronze, Silver or Gold) Bronze Bronze Bronze Bronze Number of Services per year? 1 1 1 1 Enter Quantity of Items Serviced 2 1 2 3 Enter # of Years 3 3 3 3 Enter Date of First Service TBD TBD TBD TBD Enter -Base Feelran Ap ro �riate °Table, Total Cost $ 750.00 $ 285.00 $ 300.00 $ 315.00 Etit i ' trria Ql at Iradra A" riots "i'al�il' ', ;, ",,1;10.0 ;: rri ;y "rays r , trr e %' e "'- V " ", Total Travel Cost 330.00 Per Service Charge $ 660.00 Month k Pa meat Option $ - er month for 'len th of contract Will Customer Pa Monthl ? No Grand Total $ 1,980.00 On Demand SVC Labor - $95.00 hr / On Demand Travel - $110.00 per visit ** Quote is based on one service location. If the equipment is not available or onsite during the scheduled PM service, additional travel and/or labor will be invoiced at contracted rates for the repeat visit. ** Additional repairs needed during the scheduled PM service will be invoiced at the contracted labor rate plus parts. If repairs can be made with in the one hour PM time per cot, no additional labor cost will be incurred. ** Additional repairs outside of the scheduled PM service, will incur additional labor, travel cost and parts if applicable at contracted rates. Authorized Approval (Signature) Authorized Approval (Print) Date AR Authorized Approval (Signature) E � Authorized Approval (Print) Date Agreement No. L tti went Cana etnent Contract B NAME: El Segundo Fire Dept. CUSTOMER P.O. #: I ADDRESS: 314 Main Street CUSTOMER CHECK #: L ADDRESS: 0 CUST. FAX #: 0 4889 L CITY: E] Segundo Len th of Contract (Yrs): 3 STATE: CA ZIP: '90245 Begin Date 10/1/2015 T CONTACT: Carol Lynn Anderson End Date 9/30/2018 O PHONE: 310.524.2235 Service Center: EMSAR California I OD `L A SERVICE ZONE CONTRACTED C EXT. Model QTY # NUMBER LEVEL CHARGE FREQUENCY PER SERVICE COST 8 Comments: Attach Inventory Shee Bronze N/A 3 $ 660.00 $ 1,980.00 SERVICE-LE VEL -TYPE - THE BRONZE SERVICE LEVEL B PREVENTIVE MAINTENANCE; EQUIPMENT TUNE -UP; S EQUIPMENT EVALUATION; USAGE EVALUATION/TRAINING; E EQUIPMENT REPORT R THE SILVER SERVICE LEVEL V I PREVENTIVE MAINTENANCE; EQUIPMENT TUNE -UP; C EQUIPMENT EVALUATION; USAGE EVALUATION/TRAINING; E EQUIPMENT REPORT, HIGH WEAR PARTS AT NO EXTRA CHARGE THE GOLD SERVICE LEVEL PREVENTIVE MAINTENANCE; EQUIPMENT TUNE -UP; EQUIPMENT EVALUATION; USAGE EVALUATION/TRAINING; EQUIPMENT REPORT; REPAIR OR REPLACEMENT OF ALL HIGH -WEAR ITEMS; PLUS: ANY FRAME REPAIRS AT NO EXTRA CHARGE Customer agrees to order and EMSAR agrees to deliver and/or service as described above in accordance I with terms on reverse side. Customer agrees that this order is the complete and exclusive agreement between N the parties and there are no written or oral underwritings, representations or warranties affecting this order. F "rhis order is subject to companies only by an authorized representative of seller at its home office. Notice of O acceptance is hereby waived by customer. This contract will automatically renew unless cancelled in writing R with 30 days notice by either party. M A "Written documentation including the EMSAR equipment reports are provided for all work performed. T This service does not replace the inspection and service procedures suggested in the manufacturer's I 114ar wagal, O Comments: N Service TBD TBD TBD TBD TBD TBD S C Schedule TBD TBD TBD TBD TBD TBD H E Service D U Locations L SERVICE REPRESENTIVE DATE CONTRACT RATES BILLING SCHEDULE E Rene Yescas PM LABOR $95 Manual / Power $125 N/A & TRAVEL $110.00 per trip PER SERVICE $ 660.00 P CUSTOMER SIGNATURE DATE On Demand ',$95.001hr A Wait Time $65.001hr TOTALI $ 1,980.00 Y M �+ E N T .I RECEIVED BY (EMSAR Corp.) DATE Thank You for Your Order Agreement No. 4889 EffMiffl �Ry'dw —wo-O The Bronze Service includes the five -point equipment management program, consisting of. Preventive Maintenance • Disinfection • Cleaning • Inspection • Lubrication Equipment Tune -Up • Hardware Tightening /Adjustment • Alignment Adjustments • Performance Verification Equipment Evaluation • Reveals Needed Repairs • Detects Potential Problems • Dynamic Testing to Manufacturers Specifications Usage Evaluation and Training • Reveals Improper Usage That May Lead to Equipment Problems EMSAR ServiceVision • Maintains a Documented History of Preventive Maintenance and Repair for the life of the equipment This service level includes the five -point maintenance program for a price that will remain fixed for the life of the service contract. EMSiRR • 800.733.6727 - Fax: 877.323.6727 Web: www.emsar.com - Email: info@emsar.com 199-1045