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CONTRACT 4942 CLOSEDAgreement No. 4942 µ " Services Agreement LONTRAC Or .l E 1OLw BA t O . / CM' DAT E 1 0r281 5 Beiow you will find a checklist relating to Insurance and other requirements that are required for doing business wit h the City of El Segundo. Only those items checked -off are MANDATORY, hovrever f 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 82. The amount of insurance set forth b21o,.v 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 re'verse Side of this Services Aa eement, This is not a purchase order or an authorization to begin work, Comprehensive General Liability, including coverage for premises, prodLicts and completed operations, independent contractors, personal injury and contractual obligations,,-rith combined single limits of coverage of at least S1.000.000 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. l .. Auto Liability, including owneo, non -owned and hired .'errcles },iln at least, $1,000.000 per occurrence, 1; 5190,000 300,000 per occurrence. ❑ As required by State Statutes, A copy of your current policy must be submitted naming yourself and or your company. Workers' efn ensalio In urance' as required' by State Statutes, (No`: needed if Self - employed with no employees and CONTRACTOR signs statement to this effect,) Business License: The CONTRACTOR shall agree 'e have a cuirrent City of El Segundo license on file at City ��a l or purchase said license (at no cost to t' e Cit ;,). ❑ Permits: Plens must be approved and permit(s) issued (no reel by the Planning and Building Safety if approprate. Call the Planning Manager (g (310) 52= -2340 if you have questions. PLEASE NOTE; ALL APPLICABLE INFORMATION LISTED PURCHASE ORDER BEING SENT TO YOU (ViA FAX OR COMMENCEMENT OF WORK FOR THE CITY, Subrrritr� ter t corn ,tom ns: ABOVE MUST BE OBTAINED AND ON PILE, PRIOR TO THE ISSUANCE OF A CITY HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING Company Name: 8`, (P r: in name &lit ?e): jOLI<<ER H0LT DBA0 iVEl? H 0 L T Cl R I S T M A S TREES �. Company Stfee. Addre ss: V E dCs t ar..z. * d Signatlirc r fju If.s � ,� ...... . , 3611 AMESTOY AVE. ; City, State, zio. Date clone° NORTHRIDGE, CA. 91325 Phone: FAX 818 - 886.2203 818-886-0223 Vendor's Email address i. :'enc„r's `rleh Site: l oholtlandscapeCaol.com Ho tchristin ?Strees.cem I Mail original agreement and insurance to; City of Ei Segundo — City Clerk 350 Main Street.. Room 5, El Segundo, CA 90245.3813 01- iginator /0epartrnent Contact: Department i lead .Apprcvai: Finance Approvai: cc: Business License; City Clerk; Purchasing Agent; Requesting depl, name Case initiated: AcGrcved: ll i5 ter, City V rL- c W r L F or ~_-__ _AY-_T. -',-' ___- __-"__�_---__-_ 1zunch@se") covered by this services sgreemenz anci. pu��a-zs orcer andaupp"sm de'ivered and eocnp��mamwicosmnd*�d and m �nma and a�cm ed. City v�|| no, h\ppimg. QaChau�og or boxing p�y cartage, S"o�o !cond�nnsounainedindhisordsr�h�o�Sei(�r�iVacnep!�aUh�onder` expenses un�suspadhe�\n1hiyord�r�D��SvjUnn�b8�����d. agrees hJbe bound by and m)m�y �.,|ljhin8||particu!ara, Nootbz/ er�o 8.|NDEMM|R CATION . Seiler agrees to indemnify and hold City or conditions are binding upon the parties unless sVhSgQUenUyagnaed io . harm|esm from and 8ga|nsi: any claim, action, damages, ooG� (including, In writing. ��8en acceptance or shipment of ails or any portion CJ ffie ^ �Khcut !in�t�n' a\�|ney'S fees), orieg, or liability, arising { of the / Purchase covered by this order constitutes :nquaU5ed suoep�ancm of all Punc,�saoe or �he ordert or performance. GhoUM he named in } terms and conditions inthis order. The \nrmsdanyipmpooa� referred� ! any nuit. -or shouid any daim�e brought aQminmii\bysui,mrothemvise, �� this o[d��are ��|UdeU and made a ���iof the order on�to�ee«(an�.�he(her ,he same �e8mund(oSDo/ not, a�eiMQ out 0f�,Pu��ho8mor � U �p��8ad the Pu���a� ordered, 'the price, and �6 ���imary. �nd �h�n o/de/� or \heir�e�brmanoe. 8eU��mi|� d��n� City (mi�i�/o naquem(8nd on|y to the o��nl (ha� nuoU �mos �rm tona��nt»��h �h� 8*rma an' � s�� ��unssi sa�s��or/ � �i�) and |ndemnU�Ci��r any judgment conditions nf 'his order, rendered ugainoi it, oranysumapaidou�inae�Uemmntm! olhemiime,For 2JNSPECT0N. The Purchase fumished must beaxad|yasspod5ed in | pumonem of I Ns mmc�ion "City" includes City's officers, elected officials, �is o/der, free from all defects n Sei|er'a perfun�enw*' dem�cn. � m�yeeo h is expressly understood and agreed that the workmanahip, and materials, and` exnep; as othamjae pm:ide�, is pnmisiona %-U! survive 'ermfinebun of this order. The subjeci<o inspection and les", by Ci�a1eU dmao and p|onea. |� before ' nsqui��en|m as 8o -,he �pes and |imi(s or insurance coverage to be final acoe p�noe. any any Purchase �ybzund�o beincomp|e�. or not as, main�nad by Seller, and any appowa| o/suoh 'Insurance by City, are npao|hed. Ci�n@y n�e� it. mquim Seller 8ocoroeo|2! oh ge. or not int s,nde n t c and wii| ms in any manner limit or 4ua|i� �e liabilities mqubebo!ive�ofsuch Purchase atareduobnnin��e�at�aqu��mb|e'and4h|igaUons o�henxisa assumed bvS8UarpU�unMi{o this order, under the circumstances. If seller is unable or refuses to correct such 'nCluding. .vilholit, iimitation, to the provisions comcerni0ginderrinificgUon, KBm§within 8 time deemed reasonable by City. Ci6V'may term/nale the 10BARRANTY. Seller aQreeG lhz8 the Purchase is COv8red by the � in whole �'in pa�. Seller bears oO risks ::-:a lo, r�ecw d Purchases �os�i�418�e CO�Me nja� �Gn3nti�S the 6�|b�oheo k 8ny customer /and, in, addition to any costs for ivhiCh mBynrccmeiiobistoC�y for 'he aammorsubstanb�|fy, simHa/ supplies or services, nr such other o�e pisns u s e must V �rn3nh�a*iU benspodaUnnoosts. other ra(afmd ooem |ncunnd. o/ payments &oGeiter , b� P.ecd/v� noM'i�hsa nding any inspec6nn or ocepeonma ol he in accordance with the terms of this orde, fo/ uneccep�ed Purchases. Pu,chsmebyCity. / Notwithstanding City's acceptance o[any Purchase. Seiler Is !iaU|a for � . 11.AS5IGMMENT. Cizy may assign this order. Exmep� as to any � latent defects, fraud, o/ such Cross mistakes asnonv�ivuiefnyad. peyment due under 'his ordar. Seiler mmy not umoiQnorputiuon(mcithe �3.CHANGES.Ci� may make chances �dhin(hegmnarm| scope nfrhia order mithoulCi�'ywri�!ansppro:a|�Qhuu|dC|�g|veoonEent./t will not � \ order in drawings and specif"ca!rons for speda|N, manu�cfured supp|�ee. ! relieve So!/er�nm any ob|iga8ons under this order and any transferee or pace of delivery, method ufsilipnren, or pocking of '1he order by giving oubuorcnur%oruJkbeconaidlenyd Be!|a/sogenL nodoa�n ��|er�nU subsequendycrn�rrn�ng mynh o�sog�m �n wr|hng� |� ! 12.i�SURANC£. SaSer must pm�$n the insurance inU�m�sd on the audhohauge�aM�c�aooao(or1hadmenaqu�nsdhor�e��nnanceof ` face sheet cf this Services Agmsmen. this order, an equitable adjustment inthe phcnordelivery a,, both must | 13YERM|TG. Beiier must procure all necessary permits and licenses. be made. No change hy Seller 'is allowed 0,11khou1 City'swhtnen approval. , and o,,Ws by all fedmmi stale, and inoa| iams. 'or porfonniog this Vnde[, on Any claim by SeUarfor an aNu�mentunderU}is m i and �Uoo S/ 0/Uhml Seller ) � U *�ih0g within thirty (n) days k � �Ke��S an �dpend�n\ ono�rGAd will have con!, �f�U work | notification of such :hBnge UDiesS Crvn8iv90 'his condition, in wrili:g. acd. �e manwa/ in *hich is it Perior0Gd. Seller will be tma to contract Nothing in 'this section excuses Seller �ompmncadin01w|UhporfonxAnce for oimi�er service ?obe performed fmrother employers while under ofihe order amchanged. ozni/nctwiLn.Ci�. Seiler is not an agent ov employee o[ City and imnot 4. TERMINATION, City may terminate this order az any hme, either enhded N participate in any pension A|an, insumnce, bonus or similar vmrbe|lvorinmh§ng. with nrw4houicauma. Should termiriadonoccur. bane@uCitv,providemhor its employees. Any provision ix this order that CifV Will bay Seller as full performance unh|such terminations t neunilno, appsprtoQiveCity unerigh, to direct Seller eato the �Ietailsofdoing pm o#u order price for the perfb/med Rnd acneptaV porli0n Gf ths | dhe �odkor m exercise s measure or over overthe wn'4 means that | Purchase C`by may Dnovide whRon nodma of termination fu/ Seller's SeUarwiit foUow0ne dioect�'on or 'he Citv as \o and eou4aof the �o/k de�u|tif Seller refuses m fails � comply with��isorde;. |f8ei|erdoex ^ on|y, not cure such failure within a reasonable time period. o[ fails 0o perform 15,WANER. Cjtxts review or acceptance o[ or payment for. work the Purchase luithinUhe time specified (o[@||owed by extension), G8||er producl prepared by SaK2 under this order wilt not be construed to will b8 liable to City for any excess costs incurred UyCity, inpiet3le as acai;erof any rights City may have under this Agreement Vr 5JIM2 EXTENSION, City may extend the time for comD|eUun i[ in of8ny cause of action @hain0 from Seller's performance. A waiver bv City's sole determination, Seiler was de|8yed because 0fcauses beyond City Of3Dy breach of amp leDm. covenant, Or condition contained iDthis Seller's cO�0|@O�wi�8Ut Se|)e�s03V|t�rneo'gence. In the event ��order �i{|rV�b8d��m�d�b����iv�rn[6OySUbsa�uan(br�o�ho[�e delay was caused by�i�� ��||e/S��|e reN�dy iS |��i��d ��recovGdng sarrienr any other term, cowenen[ o[ condition contained ix this order, � money au��� and necessarily exAendod by Seller because of 'he | w�sthsrmf�asam�nr different character, / delay; there isno right ho recover mndcipe�dpmfi� CUMULATIVE. City's hghza and remedies undmr this order 16.|NTER9RETAT|ON. Th|xAgreme�wmodna�d in, and wiUbe of and uOo�/ued in accordance �i� the |e*n of the State ia. are not exclusive and are in addition to any hgkfs and emedi.-spmvWnd emciusive venue for any action involving this aUmement,,vU|beinLos bylaw, AngelemCoun� 7��TL2 TK|o to ma�h�|a and eup�U�a pu�hazed under �his order 7, TITLE. i / passdired from Seller to City upon Cqy's writtcn acceptanc,e In|owing , } C / Oliver Holt !P11"A 10128/2015 Bill To: CITY OF EL SEGUNDO Snip To: CITY OF EL SEGUNDO 401 SHE' DON ST 350 MAIN ST, EL SEGUNDO CA EL SEGUNDO CA 3105242718 90245 3105242880 90245 Contact MARK Ccntact IVIARK Order ID Sales Rep Order Date Required Date Pickup Date Thomas wide # 15048 KIM 30- Sep -15 30 -Nov -15 Quantity Product Name /Product Comment Unit Price Extended Price 1 21' -22' GREEN NOBLE 53.575.00 $3.396.25 PRICE INCLUDES STAND. WATER BOWL, =IRE Subtotal 53,396.25 RETARDANT AND DELIVERY. Tax: $305.66 Delivered Ey [ j Paid Check# Ei: - l Less Paid $0.00 Total: $3,701.91 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; 1 112 % payable on unpaid monthly balance. Sandoval, Uli From: Palacios, Monse Sent: Tuesday, November 24, 2015 11:59 AM To: Sandoval, Lili Subject: RE: Oliver Holt Hi Lili, Yes, they will only deliver the tree and staff takes care of the setup,. Thanks Monse From: Sandoval, Lili Sent: Tuesday, November 24, 2015 11:56 AM To: Palacios, Monse Subject: RE: Oliver Holt Could you please confirm that they are ONLY delivering the tree? Please Note: City Hall is closed on Fridays. From: Palacios, Monse Sent: Tuesday, November 24, 2015 11:55 AM To: Shilling, Mona Cc: Sandoval, Lili Subject: RE: Oliver Holt Hi Mona, Was the workers compensation insurance acceptable? Thank You Monse 1 Agreement No. 4942 Agreement No. 4942 Just wanted to follow up on Oliver Holt as it is the company that provides our tree for the upcoming Holiday Tree Lighting event. I appreciate your help. Thankyou Monse From: Shilling, Mona Sent: Thursday, November 05, 2015 5:13 PM To: Sandoval, Lili Subject: FW: Oliver Holt For you l Mona S From: Palacios, Monse Sent: Thursday, November 05, 2015 3:55 PM To: Shilling, Mona Subject: Oliver Holt Hi Mona, Attached is Oliver Holt's Services Agreement for the annual tree purchase and delivery. Oliver Holt will only deliver the tree and Parks staff will unload. They are the same vendor as last year and provided the same insurance. Please let me know if you need anything else. Thank You, Monse Palacios