HomeMy WebLinkAboutContracts & Agreements_89-2022DocuSign Envelope ID• 5837BD89-8C46-4C9B-B5A9-98B9E3F4F602
SERVICES AGREEMENT
This Services Agreement ("Agreement") is entered into by and between LSC Destruction,
LLC ("LSC") and City of Redlands, a municipal corporation ("City") as of this 7th day of June,
2022
1 Breakdown, Destruction and Removal of Firearm Parts. On the date or dates agreed
upon by the parties, LSC shall take all actions reasonably necessary to break down, destroy and
remove all firearm parts supplied by City at City's site at 1270 W Park Avenue and/or 35 Cajon
Street, Redlands CA ("Premises") in accordance with LSC's standard procedures and all
applicable government regulations and workplace safety guidelines. LSC will provide all
necessary equipment, supplies and labor to the Premises, with the exception of commonly
available items such as tables and chairs. Upon completion of the firearm break down, LSC will
provide City with a portion of the firearm receiver (typically including the serial number) as proof
of the physical destruction of the firearm receiver LSC will retain all other portions of the firearm.
LSC will sweep and clean any area LSC uses on the Premises to bring it to the condition it was in
on LSC's arrival. Any additional terms and/or modifications to the terms of this Agreement are
as specified on the Addendum attached hereto and made a part hereof. This is a continuing
Agreement and the parties agree that it applies to all services provided by LSC to City until one
party gives the other written notice of the termination of this Agreement.
2. City's Obligations City shall deliver each firearm to LSC in a safe condition,
unloaded and clear of magazines and ammunition. LSC may terminate this Agreement
immediately if the City fails to satisfy the above condition. City shall provide at no cost to LSC
a working space at the Premises City is required to have an officer or evidence technician present
to oversee the destruction process and ensure compliance with City policies.
3 Consideration. LSC will pay City a fee and remove all firearm parts (except as
provided in Section 1 above) in exchange for title to the remaining parts. City agrees and
acknowledges that LSC will give City an initial quote for the fee prior to LSC's provision of
services under this Agreement based on the assumption that all firearms and parts are in
satisfactory condition, but that quote is subject to change based on the actual condition of the
firearms and parts presented by City to LSC LSC will process such payment within fifteen (15)
business days after completion of its work on the Premises and completion of the "Destruction
Follow Up & Compensation" form which is provided by LSC at the end of the destruction.
4 Indemnification by City City shall indemnify, save harmless and defend LSC, and
its members, managers, agents, and employees and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including
court costs and reasonable attorneys' fees, for or on account of any injury to any person, or any
death at any time resulting from such injury, or any damage to any property, which may arise or
which may be alleged to have arisen as a result of a breach of this Agreement by City or the gross
negligence or willful misconduct of City
5 Limitation on Damages and Liability City does hereby fully release and discharge
LSC, its members, managers, agents and employees from any liability or any loss, cost, damage,
expense, injury or death arising from or in any manner connected with the removal and/or receipt
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DocuSign Envelope ID' 5837BD89-8C46-4C9B-B5A9-98B9E3F4F602
of the firearm parts except as otherwise provided in this Agreement. IN NO EVENT WILL
EITHER PARTY BE LIABLE FOR ANY LOST REVENUES, DATA, OR PROFITS, OR
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WITH RESPECT TO
ANY CLAIMS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES
6 Insurance. Before beginning any work under this Agreement, LSC, at its own cost
and expense, shall procure the types and amounts of insurance detailed below and, on City's
written request, provide Certificates of Insurance, indicating that LSC has obtained or currently
maintains insurance that meets the requirements of this section and which is reasonably
satisfactory, in all respects, to City
6 1 Workers' Compensation. LSC shall maintain Statutory Workers' Compensation
Insurance pursuant to the provisions of applicable law Statutory Workers' Compensation
Insurance shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000 00) per accident, ONE MILLION DOLLARS ($1,000,000 00) disease per employee,
and ONE MILLION DOLLARS ($1,000,000 00) disease per policy Notwithstanding the
foregoing, LSC need not obtain Workers' Compensation Insurance if LSC does not have
employees.
6.2 Commercial General Liability LSC shall maintain commercial general liability
insurance for the term of this Agreement on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal & advertising injury with
limits no less than ONE MILLION DOLLARS ($1,000,000 00) per occurrence Such coverage
shall include but shall not be limited to, protection against claims arising from bodily and personal
injury, including death resulting therefrom, and damage to property resulting from the services
contemplated under this Agreement.
6.3 Automobile Liability LSC shall maintain automobile liability insurance for the
term of this Agreement covering any auto (Code 1), or if LSC has no owned autos, hired (Code 8),
and non -owned autos (Code 9), with limit no less than ONE MILLION DOLLARS ($1,000,000 00)
per occurrence, combined single limit coverage, for risks associated with the services
contemplated by this Agreement.
7 Entire Agreement. This Agreement constitutes the complete and exclusive
agreement between the parties pertaining to the destruction and removal of the firearm parts, and
supersedes in their entirety any and all written or oral agreements previously existing between the
parties with respect to such subject matter
8 Subcontractors Prohibited. LSC shall not contract with any other entity to perform
in whole or in part the services required hereunder without the prior written approval of City City
agrees and acknowledges that LSC utilizes independent contractors in providing some of the
services and that such independent contractors are not subcontractors under this Agreement.
9 Attorney's Fees. If either party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
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party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that party may be entitled The court may set such fees in the same action
or in a separate action brought for that purpose
10 Applicable Law, Venue The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement In the event that either party brings any
action against the other under this Agreement, the parties agree that venue for the trial of such
action shall be exclusively in San Bernardino County
11 Severability If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect
The parties, through a duly authorized officer, have executed this Agreement as of the
date set forth above
LSC DESTRUCTION, LLC
�DocuSigned by
By zoom...
Name Alex Zorensky
Title President
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CITY OF REDLANDS
By
Name Paul T Barich
Title Mayor
ATTEST
e Donaldson, City Clerk
DocuSign Envelope ID• 5837BD89-8C46-4C9B-B5A9-98B9E3F4F602 I
ADDENDUM
Additional and/or modified terms are as follows (enter "None"' if no changes)
Initials
LSC
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Addendum
1
City of Redlands