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CONTRACT 5215 CLOSEDAgreement No. 5215 Below you will find a check st relating to Insurance and other requirements that are required for doing business with the City of El Segundo. Only those items ;hecked -off are MANDATORY, ioviever 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 1185 or 88. The amount of insuranc( set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coven ge. Liability policies will be endorsed to name the City, its officials, and employees as "additional insured's" under said inst ranee coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carded by the City will be excess thereto, Such insurance must be on an "occurrence," not a "claims made," basis and will not 3e 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 wcrk, © Comprehensive Ger @rat 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 S1.000.000 per occurrence. i Auto Liability, includi ig owned, nor -owned and hired vehicles ,vith at least: ❑ S1,000,000 per occurrence. ❑ S100,000 - 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' Conloens� lion Insurance: as required by State Statutes. (Not needed if Self- employed with no employees and CONTRACTOR signs statement to this effect.) ❑ Business License: Tie CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase said license (at no cc st to the City). ❑ Permits: Plans mus be approved and permit(s) issued (no fee) by the Community; Economic and Development Services Department if approf riate. Call the Building Manager @ (310) 524 -2345 if you have questions, ❑ Coo o(yaB:d ictt�re I.D. (Drivers license etc.) PLEASE NOTE: ALL APPLICAItLE 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 F( R THE CITY. Submitted by icom: l to ail bJenk,;): COLOR COPY REQUIRED BACK TO THE CITY Company Name: Oliver Holt ( rint name titles: L i �, r�•�c�.,L Company Street Addi .ss: or d ', a e re tgr 6, 81 6 . .. -_.n. City, State, Zi p ; Date signed, loII Northridge CA, 9132.F . , Phone: FAX: (818) 886 -2203 (818) 885 -0223 'vendor's Email addre is: Mail original agreement and in: urance to; City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813 OriginalodDeparlmenl Contact: _ t~vI rk T'r iullo Department Head Approval: Finance Approval , cc, Business License; City Clerk; Purc using Agent; Requeslln XaF�� Oliver Holt —� - -- Date initiated: Date Approved: O Date Approved: g Dept. nam re rt er, O" fana_er 1012i16 .� • " i�. 6 of EI Segur "In iztl V I cx -4 5 L/ Agreement No. 5215 i | Seller after receiving accep,mble invoices for ^PUrchase1 covered by this services agreement and purchase order imaterials and supplies delivered and accepted mservices rendered and ("order") must be furnished by Seller subject to all the terms and | accepted. City will not pay omdags, shipping, packaging or boxing conditions contained |n this circler nhinh De||er, in accepting this order. expeoeao unless specified in this order. Drafts will not U*honored. agrees \mbobound by and cc np|y with in all particulars. No diner terms ' 9JNOEMMIP(CAT|ON. Seller agrees to indemnify and hold City n, conditions are binding upor the parties unless subsequently agreed to | harmless from and against any claim. action, damages, costs (indoding. in writing. Written occepmnca or shipment, of all or any portion � the wi�mu( limitation, attorney's lees). injuries, or liability, arising out of tile � Pu��aso*ma�dby|hiun�vuunnU�(amunquo|iUadameptanoeofeU Purchase or the order, or their performance, Should City be named in �mnnmand�mdiVnnain�inmJer Thm�nn�nfonyp�poos|��nw¢� | ' � ' anysui1orehou|donydaimbabmugh\��a�u�iibyauborw�en�ue �|n this order are included and nodeo part o/ the order only to the extent whothar the same be groundless or not, arising out of the Purchase o/ �it specified the Purchase md' red, the price. and the delivery. and then order. or their performance, Seller will defend City (at City's request and � only � the extent that such terms are consistent xith the terms and ni\h counsel satisfactory to City) and indemnify City for any judgment conditions uf this order. rendered against i1or any sums paid out in settlement nr otherwise, For � 2JMSPECT|QW. The PumhoEs furnished must bo exactly sm specified in purposes of this section 'City' includes City's officers, elected officials, ' this nrder, free from all dffects in Seller's pohbrmanue, design. and emp|o?aaa It is expressly understood and a�ed that �m | ww�mennhip, and ma�rio|n, and, except as otherwise pmvided, is o�going provisions wiU survive termination of order. The subject to inspection and test by Qty at all times and places. |[ before requirements as to �e types and limits of insurance coverage to he final acceptance, any any PUr :haaeia found tobe incomplete, uriotas ma|ntainee by Seller, and any approval nf such insurance by City, are | specified, City may reject it, m:Iuire Seller 10 correct i\ without charge, or not intended to and will not in any manner limit orqualify the liabilities i require delivery of such Purc*/naata reduction in once that isequitable and obUgoJoms othenvisa assumed by Seller pursuant to this order, .under the circumstances. If EeUeris unable mr refuses to correct such including. nithou/ limitation, m the provisions concerning indemnification. items within a time deemed uosonsh|eby City. Cily may terminate 'the 10.WARRANTY. Sm||o, agrees that the Purchase is covered by the order in whole or|n part. 8eU', bears all risks as to n4eoed Pvn*aoeo most favorable commercial xe,ranhms No Seller gives to any customer and, in addition to any mm|s f,.,woich So||ar may become liable to City for the some or substantially similar supplies o,mnice,, or such other under other provisions of this order, must reimburse City for all more favorable .vanenUea on is specified in this order. IVarranlies will transportation costs, other relEked costs incurred, orpayments to Seller be =effective notwithstanding any inspection or acceptance of the in accordance with the terms of this order fior unaccepted Purchases. Purchase byCity. Notwithstanding City's ecnopt,,nue of any Purchase, Seller is |i3b|s for 11.ASS6MENT. City may assign this order. Except as to any �latent defects, fraud, or such g/)ss mistakes am constitute fraud. |payment due under this order, Seller may not assign or subcontract the |J.CHANGES. City may make changes within the general scope of this ordarnimout City's written approval. Should City give consent, U will not order in drawings and opeci8oEtioms for specially manufactured uupp||os. relieve Seller from any obligations under this order and any transferee m iplace of delivery, method ufslipmenm packing uf the order bygiving � subcontractor will ho considered Seller's agent. notice to Seller and subsequa,Uy confirming such changes inxhVcg . If 12.|NSURAWCE . Gs||or must provide the insurance indicated on the such changes affect the cost c[mthe time required for peaommnce Or iOcegeet of this ScrvicesAgreement. this order, an equitable adjvsireniin the price or delivery or both must 13.PERM|TS. Sa||o, must procure all necessary pannio and |kmnons, bo made. No change by Seller inaUoneV,jthout City .sWhttenapproval, and andeh; all federal, state, and local laws. for performing this order. Any claim by Seller for anudjL Stment under ftssection must bsmade 14.|NDEPENOENT CONTRACTOR. Qty and Seller agree that Seller | in writing within thirty p0 da:s from the date of ,seip, by Seller of viU au as an independent onnt,oumr and will have cvmnd of all work | notification of such change un:aas City xaiveo this condition in nhUng. and 'the manner in xhicx is it pahbnned. Seller will be free to contract Nothing in this section excuses Seller from proceeding ni/hperformance Ior similar service toba performed for other employers while under of the order aschanged. contract ni\h City. Seller iu not an agent or employee of City and ionot 4. TERMINATION. City may terminate this order at any time, either entitled 'to portinipmm in any pension plan. inourance, bonus orsimilar verbally urin writing, with nrvithout cause. Should termination occur, | benefits City provides for its employees. Any provision in this order that City will pay Seller es full pmnfomanc until such termination the unit m. may appear to give City the right N direct Seller asto the details of doing pro rata order price for the [edfonned and accepted portion ufthe the work orto exercise o measure nf control over the work means that Purchase. City may provide , iritten notice of termination for Seller's | Seller %vi|| hdbw the direction of the City as to end result's o|the work default if Seller refuses or fails o comply with, this order. |f Seller does only. . not cure such failure within o reasonable time period, m fails toperform | 15.WAIVER. City's review oracceptance of, or payment hor, work the Purchase within the time s[edfiad (o,a||owed by extension). Seller product prepared by Seller under this order will not be construed to vm||ueUaNem[�xnanxu�e ;s�m�i^c"neduyC/tv. operate acamo*e,of any rights City may have under this Agreement or 5.T|ME EXTENSION. City mEy extend the time for completion iL in nf any cause ofaction arising from Seller's performance. 4 waiver by City's sole determination, Seller was delayed because v[ causes beyond City nf any breach of any term, covenant, m condition contained inthis Seller's control and without Se|e(e fault ornegligence. |n 'the event order will not bedeemed tobaa waiver n/ any subsequent breach ofthe delay was caused by Qty. SeU./sso|e remedy is limited N recovering 1 same ur any other term, maenmnt, m condition contained in this order, money eoime|ly and nocemmehl/ expended by Seller because of the whether oi the same or different character. delay: there imnu right Nmcovo anticipated profit. 1QNTERPRETAT|ON. This Agreement was drafted in, and will be 6.REMED|E8CUMUL4TNE.C��hgh� and �mmd�eunder ��o�wr / | construed in accordance with the laws of the State of California, and are not exclusive and are inaddJonto any rights and remedies provided | exclusive venue for any action involving this agreement will hoinLos bylaw. | Angeles County. 7JITLE, Title to materials en| supplies purchased under this order� |pass directly from Seller h City /pnn City's written acceptance following � | Oliver Holt 10112/16 Agreement No. 5215 City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT "A" — SCOPE OF SERVICES OLIVER HOLT agrees to provide a Christmas tree for the City of El Segundo's 2016 Tree Lighting Event: Location Delivery only. Main St. El Segundo 0 Delivery Date: November 28, 2016 0 Any changes to dates and times will require approval from Recreation & Parks Department. City agrees to pa I OLIVER HOLT for the delivery of the Christmas tree a sum of three thousand eight hundred and five dollars with forty six cents. (S3,805.46) Oliver Holt 10112/16