CONTRACT 7263 One Page Service AgreementAgreement No. 7263
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CONTRACTOR: LfiltSaedal ECeols, Inc. DATE: AprII 2. 2025
Below you will find a checklist relating to insurance and other requirements that are required for
Segundo, Only those items checked4f are MANDATORY, however if your standard policies exceed the min[nium requirements please
include. The City reserves the rightto increase insurance limits/coverages; based upon the scope and type ofservices. Please find
additional termsand conditions, including additional insurance provisions, on the following pages. This is not a purchase order or an
authorization to begin work.
At least$1,000,000 per occurrence, See Section 12for additional !na rano and endorsement
Business Seller affirms that i(wi||not use enauto bpeffomn
work.) See Section I floradditional Insurance and endorsement requirements,
[Z Statutory requirement (If not provided, Seller affirms thatithas no
C� Seller must have a current City of El Segundo license on Ole at City Hall or purchase said license (at no cost to
the City).
[l Plans must beapproved and pmmit(s) issued (no fog) bythe Planning and Building Safety |fappropriate. Call the
Planning Manager @ (3i0)52N'234Oifynuhave questions,
El COPY pf La�� (Drivers license etc,)
PLEASE wVrs ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU 13Y THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
COLOR COPY REQUIRED BACK ToTHE CITY
Originator/Departinent Contact: oalemitlated:
Deparlinen(Head Approval:
Date Approved:--2jl-�J�
Dale Approved:
City Manager liy r5��T
services Agrearnentwillh check boxes Rev 2127/25
Agreement No. 7263
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
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 order constitutes unqualified acceptance of all
terms and conditions in this order, The terms of any proposal referred to
in this order are included and made a part of the order 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 order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, 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 times and places. If, before
final acceptance, 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
order 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 order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud. .
3.CHANGES. City may make changes within the general scope of this
order 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 order, 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,
4, TERMINATION. City may terminate this order 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 order. 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), Seller
will be liable to City for any excess costs incurred by City.
5.TERM 1 TIME EXTENSION. This Agreement's term will be from Aptd
3, 2025, to De td"itb ,r 31, 2025. City may extend the time for completion
if, in City's sole determination, Seller was delayed because of causes
beyond Seller's control and without Sellers fault or negligence. In the
event delay was caused by City, Seller's sole remedy is limited to
recovering money actually and necessarily expended by Seller because
of the delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual insoection and City's 0000rlunity to reiect
1) Elite Special Events.lnc. Short Services Agreement -
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by sult or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, 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 that the
foregoing provisions will survive termination of this order. 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 order,
including, without limitation, to the provisions concerning indemnification.
10.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 order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11,ASSIGNMENT. City may assign this order Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval, Should City gave conserlil, it will not
relieve Seller frorn any obligations under the order and any transferee or
subcontractor will be considered Seller's agent.
12,INSURANCE. Commercial general liability ("CGL") insurance must
meet or exceed the requirements of ISO-CGL Form No. Form CG 00 01
04 13, or equivalent, covering CGL on an "occurrence" basis, including
property darna�ge, bodily injury and personal & adverfising injury, If a
general aggregate limit applies, either the general aggregate limit shall
apply separately to Bois protectliocation (ISO CG 25 03 or 25 04) or the
general aggregale lirnitshall be twice the required occurrence limit. For
automobiles, the insurance inust meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or, if Seller provides proof of a personal automobile policy, such
personal policy must include and indicate business venture coverage
with limits no less than $1,000,000 per accident for bodily injury and
property damage. If Seller has no owned autos„ Code 0 (hired) and g
(non -awned'), with limits no Less than $1,000,000 per accident for bodily
injury and property damage must be included to coverage. The amount
of insurance required wilt 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 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 City will be excess thereto. City's
additional insured status will apply with respect to liability and defense of
suits arising out of Seller's acts or omissions. Such insurance will 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
City, and the notice must include any necessary endorsement to
facilitate such notice to City. See below for required endorsement
language pertinent to the insurance requirements, Seller will furnish valid
Certificates of Insurance to City evidencing maintenance of the
insurance required under this Agreement, a copy of an additional _ .
Agreement No. 7263
insured endorsement confirming City has been given additional insured
status under the Seller's General Liability policy, and such other
evidence of insurance or copies of policies as may be reasonably
required by City from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least
a Rating of "A:VII." Insurance endorsements must contain the following
language: (i) Additional insured endorsement with this language: "The
City of El Segundo, its elected and appointed officials, employees, and
volunteers as additional insureds," through ISO Form CG 20 10 11 85 or
CG 20 10 with CG 20 37; (ii) Cancellation endorsement with this
language: "The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction." (iii)
Primary and Non -Contributory endorsement with this language:
"Coverage is primary and non-contributory such that any other insurance
that may be carried by the City will be excess thereto."
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT 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 order 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.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order 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 Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order 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 order,
whether of the same or different character.
16.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.
17. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of services in this
Agreement without City's express written consent. The Al prohibition set
forth directly above will not apply to general business tools and software
that may have Al components but are not directly involved in the
execution or delivery of professional services that this Agreement
covers, provided that such tools and software do not significantly impact
the quality or nature of such services. Seller must promptly notify City, in
writing, of any proposal to employ Al in connection its provision of
services to the City under this Agreement. City will have the sole
discretion to grant or deny such proposal.
18. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED
TRAINING. If Seller's work involves contact with minors, before
conducting any performance of this Agreement, all Seller's employees,
subcontractors, volunteers, or other agents that will perform Seller's
work under this Agreement must submit to and pass a
background/fingerprint investigation conducted or approved by City.
Seller affirms and attests that its employees, subcontractors, volunteers,
or other agents that will perform Seller's work under this Agreement
have completed training in child abuse and neglect identification and
training in child abuse and neglect reporting, which may be met by
cornOetlnp the online mandated reporter training ,provided by the Office
of Child Abuse Prevention in the State Department of Social Services.
Seller affirms and agrees that the background and reporting training will
be completed before beginning performance under this Agreement.
Upon City request, Seller will promptly furnish proof of completion of
such mandated reporter training to City, but in no event no later than two
business days following City's request.
19, ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be
treated in all respects as having the same effect as an original signature.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Seller accordingly.
20. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
21. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of $15,000.00 for the work. City
will pay for work as specified in the attached Exhibit "A," which is
incorporated by reference.
22. EXHIBITS. [Exhibit A -Contract Price Breakdown & Scope of Work]
1) Elite Special Events.lnc, Short Services Agreement - (1)
Agreement No. 7263
r Exhibit A -Contract Price Breakdown & Scope of Work
Elite Special Events, Inc
. _ 11278 Los Alamitos Blvd #101
Los Alamitos, Ca 90720
(562) 799-7737
4/2/2025
Invoice # 156
• Event: El Segundo Teen Center Carnival
• Address: 300 E Pine Ave, E1 Segundo
• Contact: Shawn Green — 310-524-2707
• Event Date: April 9 and April 10
• Hours: 10:30-11:30
• SeWlY IOarn
Descri lion
P �_ .. .....� — —_ m.._.......
— nt
Alison..___--
�'otal
_
April g Reptile Show — 10:30-11:30
800
800
April 1-0 Magic Show — 10:30-11:30
450
450
Setu /Deliver fee El Segundo
�, y g
10..-_—
o
20
200
Total
1450
• Payment of half due at signing to reserve package/ Balance paid before setup at show
• Power provided by client. One plug needed.
• Insurance certificate of I Million additionally naming your organization will be issued
after deposit is received, Name: City of E1 Segundo
Cancellation Polley: All events are "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an
alternate indoor location in the event or inclement weather. The client agrees to pay the full amount contracted once the
PROVIDER has arrived at the event location, even if PROVIDER cannot perform due to inclement weather. PURCHASER will
not have to pay balance if they cancel adeast I day prior to event. Purchaser will receive full refund if they cancel atleast one
week prior to event. Hold Harmless: PURCHASER agrees to indemnity and hold harmless Elite Special Events, Inc, its
shareholders, officers, directors, employees and representatives, customers and invitees against all actions, claims, demands,
costs, damages, and expenses of any kind (including legal fees) which may be brought or made against Provider by reason of
Providers activities. Purchaser acknowledges that using amusement devices or inflatable attractions comes with inherent risks. If
,you choose to rent above attraction you do so at your own risk.
Checks Payable to: Elite Special Events
We approve of the above terns and conditions,
Client Signature Client Print name
Agreement No. 7263
Elite Special Events, Inc
11278 Los Alamitos Blvd #101
Los Alamitos, Ca 90720
(562) 799-773 7
f 1 40! ?
2/20/2025
Invoice 922025
• Event : El Segundo Hometown Fair
• Address: Library Park - Comer of Main and Mariposa, E I Segundo
• Contact: Ryan Delgado — 3 [0-524-2701
• Event Date: May 3, 2025
• Hours 10-3pm
• Setup lam ......... . . . . .............. ..
Description
Amount
Total
(L) Big Baller Wipeout challenge
5 hrs
$700
mechanical bull — I attendant included
.
5 hrs
. ...........
$1200
...................
I j Frozen Combo Castle Bouncer
5 hrs
$400
1) Extreme Obstacle Course
5 hrs
$700
1) Vertical Rush large slide
5 hrs
$800
(1) Wrecking Bat] War
5 hrs
$700
(2) High striker games adult & kids
5 hrs
$700
..... . .... . . .. .....
1) batter up baseball/softball challenge
5 hrs
$400
I 4-hi- I Combo bouncer
5 hrs
$400
I balloon blaster game w/baltoons
5 hrs
$425
1) Animal Kingdom Kiddie Maze
5 hrs
$500
(8) generators to power all rides
5 hrs
$960
6 workers attend rides and train volunteers and. troubleshool.
5 hrs
$1050
Setup/delivery fee
5 hrs
$300
F-Total . .....
$9235.00
.. ..... ........
• Payment of half due at signing to reserve package/ Balance paid before Setup at show
• power and staff included in above Price
• Client will provide Volunteers to assist Elite staff, 7 Volunteers minimum needed
• insurance certificate of I Million additionalty naming your organization will be issued
after deposit is received. Name'.
Cancellation Policy; All events are "rain or shine" unless otherwise stipulated. The PURCHASER is responsible to provide an
alwmiw bidoor location in the event of iacWoiew Nvcatho- The client agrees to pay the Rill amount contrwed ones the
PROVIDER has arrived at the event lmalion, tvoa O'PROVID ER canrivi perform due to ir[CleoNeflt weather, iIURCHASER will
nut IUAVe 10 Pay balance if they cancel at lc , tft5' P110r IV eVUL1t. PLHLIwsa:r will receive Full reftwo W 1heY Oflcd A le:W one
week prior to event- Hold Harmless: PURCHASER agrees to indemnify ;Inc[ hold harmless Elite Special Events. [lie its
Shareholders. officcrs, directors, employees and representatives, customers and invitees against all actions, claims. dernands,
costs, damages, and expenses of any kind (including legal fees) which may be brUtullit or made against Provider by reason of
PFOVidCF5 activities Purchaser acknowledges that using 1111U.Icnieni devices or inflolable attractions comes with inherent risks Ir
you choose to rent above atirictiou. You do so at your u%va risk. A 5"'. late surcharge will be applied if final payment not made
by day of the show.
Agreement No. 7263
Checks Payable to: Elite Special Events
Wt. agree to the above terms and conclitions�
1entor Pr' t Name
Thank you For your business!
or Signature
Date