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C.I. Business Equipment, Inc. A2019-058A2019-058 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. 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 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. Workers' Compensation policies shall waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. 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 Contract order or an authorization to begin work. � Comprehensive General Liabilitv, 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, The City of Chino Hills is to be listed as an additionally insured party. � Auto Liabilitv, including owned, non-owned and hired vehicles with at least: // /1 ■ ■ // $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 including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect,) Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or purchase said license (at no cost to the City). Scope of Services and/or Compensation Attachments Total Annual Compensation Not-to-Exceed: Total Contract Compensation Not-to-Exceed: $2,700 Contract Term Dates: 7/1/2019-6/30/2024 Number of One (1) Year Renewals: N/A PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE CONTRACT COMPLIANCE OFFICER, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Company Name: C.I. Business Equipment, Inc. Company Street Address; 1560 S. Anaheim Blvd, Ste D. Phone: (714)491-0760 By (Print name & title): Charisse Stopplemann City, State, Zip: Anaheim, CA 92805 E-Mail Address: cstoppelmann@cox.net Mail two copies of the original agreement along with proof of insurance to; City of Chino Hills - City Clerk, 14000 City Center Drive, Chino Hills, CA 91709 Originator/Department Contact: Karlen Boldt .- % Vendor's Authorized Signature: �!ya/i�� ;� � (' Department DirectorlCity Manager Approval: ,�=�r's Attest: City Clerk: V Date Initiated Date Signed: Date Approved Date Signed: Services Agreement Page 1 of 4 C,I, Business Equipment 1. GENERALLY, The services ("Contract") covered by this seNices agreement must be fumished by Contractor subject to all the terms and conditions contained in this contract which Contractor, in accepting this contract, agrees to be bound by and comply with fn all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance of all or any portion of the Contract covered by this contract constitutes unqualifled acceptance of all terms and conditions in this contract. The terms of any proposal referred to in this contract are included and made a part of the contract only to the extent it spec�ed the Contract, the pnce, and the delivery, and then only to the extent that such terms are consistent vvith the terms and conditions of this contract, 2, CHANGES, City may make changes within the general scope of this contract by giving notice to Contractor and subsequently confirming such changes in wnting. If such changes affect the cost of or the time required for performance of this contract, an equitable adjustment in the pnce or delivery or both must be made, No change by Contractor is allowed without City's written approval. Any claim by Contractor for an adjustment under this section must be made in wnting within thirty (30) days from the date of receipt by Contractor of notification of such change unless City waives this condition in writing, Nothing in this section excuses Contractor from proceeding with performance of the contract as changed. 3. TERMINATION, This agreement will terminate on the date noted unless extended in advance and in writing by the City Manager or Depa�tment Director, as applicable. City or Contractor may terminate this contract at any time, either verbally or in writing, with or without cause, Should termination occur, City will pay Contractor as full performance until such termination the unit or pro rata con#ract price for the performed and accepted portion of the Contract, City may provide written notice of termination for Contractor's default if Contractor refuses or fails to comply with this contract. If Contractor does not cure such failure within a reasonable time period, or fails to perform the Contract within the time specified (or allowed by extension), Contractor will be liable to City for any excess costs fncurred by City. 4. TIME EXTENSION. City may ex�end the time for completion 'rf, in Citys sole tleterrninatlon, Contractor was delayed because of causes beyond Contractor's control and without Contractor's fault or negligence, In the event delay was caused by City, Contractor's sole remedy is limited to recovenng money actually and necessarily expended by Contractor because of the delay; there is no right to recover anticipated pro�t. 5. REMEDIES CUMULATIVE. City's nghts and remedies under this contract are not exclusive and are in addition to any nghts and remedies provided by law. 6. PAYMENT, City will pay Contractor after receiving acceptable invoices for services rendered and accepted. Drafts will not be honored, 7. INDEMNIFICATION, Contractoragrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attomey's fees), injunes, or liability, ansing out of the Contract, or their performance, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Shoultl City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groun�less pr not, arising out of the Contract or their performance, Contractor will defend City (at City's request and with counsel satisfactory to City) and indemnify �ity for any judgment rendered against it or any sums paid out in settlement or otherwise, For purposes of this sectfon, "City" includes City's officers, elected officials, and employees, It 1s expressly understood and agreed that the foregoing provisions will survive termination of this contract. The requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and wfll not in any manner �imit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this contract, including, without limitation, to the provisions conceming indemnification. ' 8, WARRANTY. Contractor agrees that the Contract is covered by the most favorable commercial war�anties the Contractor gives to any customer for the same or substantially similar services, or such other more favorable warranties as is specified (n this contract. Warranties will be effective notwithstanding any inspection or acceptance of the Contract by City. 9, ASSIGNMENT. City may assign this contract, Except as to any payment due under this contract, Contractor may not assign or subcontract the contract without City's wntten approval. Should City give consent, it will not relieve Contractor from any obligations under this contract and any transferee or subcontractor will be considered Contractor's agent. 10, INSURANCE, Contractor must provide the insurance indicated on the face sheet of this Services Agreement. 11. PERMITS, Contractor must procure all necessary permits and licenses, and abide by all federal, state, and locai laws, for performing this contract, 12, INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed, Contractor will be free to contract for similar service to be performed for other employers while under contract with City, Contractor 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 contract that may appear to give Ciry the nght to direct Contractor as to the details of doing the work or to exercise a measure of control over the wo�k means that Contractor will follow the direction of the City as to end results of the work only. 13. WAIVER, City's review or acceptance of, or payment for, work product prepared by Contractor under this contract 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 Contractor's performance, A waiver by City of any breach of any term, covenant, or condition contained in this contract 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 contract, whether of the same ar different character. 14. INTERPRETATION. This Agreement was draftetl in, and wiil be construed in accordance with the laws of the State of Califomia, and exclusive venue for any action involving this agreement will be In San Bemardino County. Services Agreement Page 2 of 4 CJ. Business Equipment ATTACHMENT A SCOPE OF SERVICES Vendor — C.I. Business Equipment, Inc. Service Agreement on Martin Yale Letter Opener, Model 62001 • Service agreement begins 7/1/2019 through 6/30/2024 • To provide annual inspection and cleaning, all emergency calls, in shop labor and labor at premises. • Does not include pa�ts and major assemblies (e.g, electronic parts, motors), Does not cover overhaul or reconditioning where the unit has reached the end of its mechanical life. Services Agreement Page 3 of 4 C,I. Business Equipment ATTACHMENT B COMPENSATION Vendor — C.I. Business Equipment, Inc. Service Agreement on Martin Yale Letter Opener, Model 62001 � 7/1/2019 through 6/30/2020 $498,75 + 7/1/2020 through 6/30/2021 $523.65 • 7/1/2021 through 6/30/2022 $549.85 • 7/1/2022 through 6/30/2023 $549.85 • 7/1/2023 through 6/30/2024 $577,34 Total $2,699.44 Services Agreement Page 4 of 4 C.I. Business Equipment