CONTRACT 5188 One Page Service Agreement CLOSEDAgreement No. 5188
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
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.
® Comorehensive 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.
® 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.
® Porkers' Compensation Insurance: as required by State Statutes. (Not needed if Self- employed with no employees and SELLER
signs statement to this effect.)
® Business License: The SELLER agrees 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.
❑ Copy of valid picture I.D. (Drivers license etc.)
PLEASE NOTE. ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS 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 FOR THE CITY.
Sukrnitted b corn lete all blanks COLOR COPY REQUIRED BACK TO THE CITY
Mail original agreement and insurance to: City of El
11 , Omi lrratodDepautrnent Corr
ur
City
undo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
Date initiated: :717,1511(a
City
Dale Approved: 7P l
Date Approve;
1.GENERALLY. The materials, supplies, or services (collectively, 'Purchase')
covered by this Services Agreement ('Agreement') must be furnished by Seller
subject to all the terms and conditions contained in this Agreement which Seller,
in accepting this Agreement, 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 Agreement constitutes unqualified
acceptance of all terms and conditions in this Agreement. The terms of any
proposal referred to in this Agreement are included and made a part of the
Agreement 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 Agreement.
2.CONSIDERATION. As consideration, City agrees to pay Seller for City's
services not to exceed a total of $8,000 (Eight Thousand Dollars) for the work.
City will pay for work as specified in the attached Exhibit 'A,' which is
incorporated by reference.
3.INSPECTION. The Purchase fumished must be exactly as specified in this
Agreement, 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 limes 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 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 Agreement 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 Agreement, must reimburse City for
all transportation costs, other related costs incurred, or payments to Seller in
accordance with the terms of this Agreement for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for latent
defects, fraud, or such gross mistakes as constitute fraud.
4.CHANGES. City may make changes within the general scope of this
Agreement 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 Agreement, 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.
5. TERMINATION. City may terminate this Agreement 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 Agreement. 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), Setter Y411 be viable to City for any excess costs incurred by Clty.
VIME EXTENSION. City may extend the time for completion it, 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 adually and necessarily
expended by Seller because of the delay, there Is no right to mcmr anticipated
profit.
7.REMED'IES CUMULATIVE. City's rights and remedies under this Agreement
are nol exclusive and are in addition to army rights and remedies provided by law.
ITLtE, Title to maledals and supplies purchased under this Agreement pass
direcify from Seller to City upon City's written accepitance folkowing an actual
inspection and City's opportunity to reject
9.PAYMENT. City will pay Seffer after receiving table invoices for
materials and supirfies delivered and accepted or services rendered and
accepted. City will not pay cartage„ shipping, packaging ttr boxing expenses
unless speciffled in this Agreement, Drafts will not be ftoaored
Agreement No. 5188
10.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorneys fees), injuries, or liability, arising out of the Purchase or the
Agreement, 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 Agreement, 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 [hat the foregoing provisions will survive termination of
this Agreement. 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 Agreement,
including, without limitation, to the provisions concerning indemnification.
11.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 Agreement. Warranties will be effective
notwithstanding any inspection or acceptance of [he Purchase by City.
12.ASSIGNMENT. City may assign this Agreement. Except as to any payment
due under this Agreement, Seller may not assign or subcontract the Agreement
without City's written approval. Should City give consent, it will not relieve Seller
from any obligations under this Agreement and any transferee or subcontractor
will be considered Seller's agent.
13.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
14.PERMrrS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this Agreement.
151NDEPENDENT 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 Agreement 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.
16,WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seller under this Agreement will not be construed to operate as a
waiver of any rights City may have under [his 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 Agreement 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 Agreement, whether of the same or different
character.
17.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,
18. PREVAILING WAGE& if required by applicable stale latiar inctudinrd, without
limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
1775, and 1776, SELLER must pay its workers prevailing wage. It Is SELLER'S
responsitxlity to interpret and Implement any prevailing wage requirements and
SELLER agrees to pay any penalty or civil damage resulting from a violation of
time prevailing wage laws. In accordance with Labor Code jj 1773.2, copies of
the prevailing, rate of per diem wages are available upon request from City's
Engineering Division or the webslte for State of California Prevailing wage
delerminaior at IrA din cca.alo_ir DL pD. A copy of the prevailing rate
of per deem wages must be posted at the job site.
Materials, supplies or services to Include:
117=17. - 0 1 I M# RN
Agreement No. 5188
. . . ...........
PADDED
SURFACES
BY ME
DATE: lurle 11. '016
FA]X 310-60--9171
M Lt Dan Kun
Patrol Division Watch Coaunandei
FROM: Mwl: Spray PHONE =: 310-524-2260
Email: �: 1Z D i x --: ?
---------- ............. . . ......... ................................ ......................
EL -SEGI-NDO POLICE DEP.�LRTME.NT
EL S EGUNDO. CA
The following is our quote for the above project Ms quote Includes all labor. material.
equipment and travel exIaeives to complete the following work
Scope of Work:
Pauck, repau aiid tecoat ylllu emaded PiCRIte,
I Detox Cell damize (alone the bottom of the wall) is 3* 4" lone. -3, " wide and
approx.. deep
Safety Cell cl=ig (on the cell door) is 8• lone. wide and approx. I" deep
TOTAL .�-NIOL-'N-T OF QUOTE ................. S 77-°25-00
If you should have iny questions. please do not hesitate to contact me
Ttaw.- You.
Padded Stu-faces by BL•
Mark Spray
If the above meets with your approval. please sign below and fax back- to our office
Woxk will not be schedtrled until sigued authorization and purchase order are received.
Si nine Date
2319 Distributors Drive lndaanapobs.N46241 0517)243-2233 Fax (.,'1 7) 248-2S32
888-2433-2785 e-MVI, olf]-,Ina
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