CONTRACT 5595 One Page Service Agreement CLOSED Agreement No. 5595
Services Agreement
CONTRACTOR: Carmel Madonna DATE MAILED: 9105118
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
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 1185 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. 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.
❑ Comprehensive 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 Liabilitv,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.
❑ Workers' Compensation insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License: The CONTRACTOR shall agree to have a current City of EI 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 Community, Economic and Development Services
Department if appropriate. Call the Building Manager @(310)524-2345 if you have questions.
❑ Copv of valid picture I.D.(Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE 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 FOR THE CITY.
Submitted by I'comolete all blanks): COLOR COPY REQUIRED BACK TO THE CITY
Company Name: By Print name 8 title);, 1
Carmel Madonna (l r t �"`[t d�►, ,
Company Street Address: nr or's Aulhoriz Si a1 ere aired;
2612182^d St. ,t.") n ! "r
City,State,Zip: �lae n I
Redondo Beach,Ca 90277 1 I
Phone: FAX
(310)913-1945
Vendor's Email address:
cbmadonna(a)omail.com
Mail original agreement and insurance to:City of EI Segundo—City Clerk 350 Main Street,Room 5,EI Segundo,CA 90245-3813
Originator/Department Contact: Ryan Delgado Date initiated:
Department Head Approval: .. Date Approved: �D
Finance Approval: Date Approved: J 3
cc:Business License;City Clerk;purcha ng Agent;Requesting Dept.name '' ,n
AP0 A TFORM:
Carmel Madonna 915118 Q I tr
h
CITY ATTORNEY 0 City of EI Segundo
Agreement No. 5595
1GENERALLY The matehals, oupp|iem, or uomicoo (collectively, &PAYMENT. City will pay Seller after receiving acceptable invoices for
"Purchase") covered by this oorvioao agreement and purchase order materials and supplies delivered and accepted or services rendered and
("order") must be furnished by So||ar subject to all the terms and accepted. City will not pay oartaga, ohipping, packaging or boxing
conditions contained inthis order which Seller, inaccepting this order, expenses unless specified inthis order. Drafts will not bohonored.
agrees tohobound byand comply with inall particulars. Noother terms 8]NDEMN|F|CAT0N. Seller agrees to indemnify and hold City
orconditions are binding upon the parties unless subsequently agreed to harmless from and against any claim, action,damages,costs(ino|uding.
in writing. Written acceptance or shipment of all or any purtion of the without|imitation, attorney's feou), injuries, or|iobi|ity, arising out of the
Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order, or their performance. Should City be named in
terms and conditions inthis order. The terms ofany proposal referred to any suit, orshould any claim bobrought against itbysuit orotherwise,
inthis order are included and made opart ofthe order only tothe extent whether the same bagroundless ornot, arising out ufthe Purchase or
it specified the Purchase ordored, the prioo, and the do|ivory, and then order, ortheir performance, Seller will defend City(at City's request and
only to the extent that such terms are consistent with the terms and with counsel satisfactory to City) and indemnify City for any judgment
conditions ofthis order. rendered against itorany sums paid out in settlement orotherwise. For
2JNGPECT0N. The Purchase furnished must beexactly aospecified in purposes of this section "City" includes City's officers, elected officials,
this order, free from all defects in SeUa/o porbnnonco, dauign, and employees. It is oxpeeo|y understood and agreed that the
workmanehip, and muteria|o, and, except as otherwise pmvidad, is foregoing provisions will survive termination of this order. The
subject to inspection and test byCity atall Vmoa and p|0000. If, before requirements as to the types and limits of insurance coverage to be
final acceptance, any any Purchase iefound toboincomplete, ornot ao maintained bySeller, and any approval ofsuch insurance byCity, are
specified,City may reject it, require Seller 0ocorrect itwithout charge,or not intended toand will not inany manner limit orqualify the liabilities
require delivery ofsuch Purchase atoreduction inprice that ioequitable and obligations otherwise assumed bySeller pursuant to this order,
under the circumstances. If oa||or is unable or refuses to correct such including,without limitation,to the provisions concerning indemnification.
items within admo doomed reasonable by City. City may terminate the 10.VVARRANTY. Seller agrees that the Purchase is covered by the
order in whole nrin part. Seller bears all risks aoto rejected Purchases most favorable commercial wonunUox the Seller gives to any customer
and, in addition to any costs for which Seller may become liable to City for the same or substantially similar supplies or uorvi000, or such other
under other provisions of this order, must reimburse City for all more favorable warranties aoiuspecified inthis order. Warranties will �
transportation mmts, other related costs inounod, or payments to Seller i be offeobvo notwithstanding any inspection or acceptance of the �
in accordance with the terms of this order for unaccepted Purchases. Purchase byCity.
�
Notwithstanding City's acceptance of any Purchase, Seller is liable for 11.ASS|QNMENT. City may assign this order. Except as to any �
latent defects,fraud,orsuch gross mistakes aoconstitute fraud. payment due under this order, Seller may not assign orsubcontract the �
lCHANQES. City may make changes within the general scope ofthis order without City's written approval. Should City give consent, itwill not
order in drawings and specifications for specially manufactured supplies, relieve Seller from any obligations under this order and any transferee or
place ofdelivery, method nfshipment orpacking ofthe order bygiving subcontractor will beconsidered Seller's agent.
notice to Seller and subsequently confirming such changes in writing. If 12]NSURANCE. So||or must provide the insurance indicated on the
such changes affect the cost oforthe time required for performance of face sheet ofthis Services Agreement.
this order, on equitable adjustment in the phoo ordelivery orboth must 13.PEBMITS. Seller must procure all namuuory permits and |ioonuou,
be made. No change bySeller io allowed without City's written appmvui and abide hyall federal,state,and local|awu,for performing this order.
Any claim by Seller for an adjustment under this section must be made 14]NDEPENDENT CONTRACTOR. City and Seller agree that Seller
in writing within thirty (30) days from the data of receipt by Seller of will act as an independent contractor and will have control of all work
notification of such change un|onn City waives this condition in writing. and the manner in which is it performed. Seller will be hno to contract
Nothing inthis section excuses Seller from proceeding with performance for similar service tobeperformed for other employers while under
ufthe order aochanged. contract with City. Seller innot anagent oremployee ofCity and ionot
4. TERMINATION. City may terminate this order at any time, either entitled to participate in any pension p|un, inounonoo, bonus or similar
verbally orinwriting, with orwithout cause. Should termination occur, benefits City provides for its employees. Any provision inthis order that
City will pay Seller aafull performance until such termination the unit or may appear togive City the right todirect Seller ootothe details ofdoing
pm rata order phuo for the podbmnod and accepted portion of the the work or to exercise o measure of control over the work means that
Purchase. City may provide written notice of termination for SoUo/o Seller will follow the direction of the City as to end euu|tx of the work
default if Seller refuses or fails to comply with this order. |fSeller does only.
not cure such failure within oreasonable time period, orfails toperform 15.WWJVER. City's review oracceptance of, orpayment for, work
the Purchase within the time specified (or allowed by extension), Seller product prepared by Seller under this order will not be construed to
will be liable to City for any oums costs incurred by City. operate as o waiver of any rights City may have under this Agreement or
5T|ME EXTENSION. City may extend the time for completion if, in ofany cause of action ohainQ from SoUo/o performance. A waiver by
City's sole determination, Seller was delayed because ofcauses beyond City ofany breach ofany term, covenant, orcondition contained inthis
Seller's control and without Sa||o/a fault or negligence. In the event order will not bodeemed toboowaiver ofany subsequent breach nfthe
delay was caused by City. Seller's sole remedy is limited to recovering uomo or any other term, oovonant, or condition contained in this ordor,
money actually and n00000uh|y expended by So||or baoouoo of the whether ofthe same ordifferent character.
delay;there is no right to recover anticipated profit. 18]NTERPRETAJ0N. This Agreement was drafted in,and will be
6.REMED|ESCUMULATIVE.City's rights and remedies under this order construed inaccordance with the laws ofthe State ofCalifornia,and
are not exclusive and are in addition to any rights and remedies provided exclusive venue for any action involving this agreement will be in Lou
by law. Angeles County.
7J|TLE. Title to materials and supplies purchased under this order
pass directly from Seller toCity upon City's written acceptance following
anactual inspection and City's opportunity 0oreject.
Chris Roque 9s0/18
Agreement No. 5595
City of EI Segundo
Recreation and Parks Department
401 Sheldon Street
EI Segundo CA 90245
EXHIBIT"A"—SCOPE OF SERVICES
CARMEL MADONNA agrees to provide palm reading services for the City of EI Segundo's 2018 Halloween Frolic
Celebration:
• Location: Main St. EI Segundo
• Date: Wednesday, October 31,2018
• Hours: 4:00pm-7:00pm
• Any changes to dates and times will require approval from Recreation &Parks Department.
EXHIBIT"B"—COMPENSATION SCHEDULE
City agrees to pay CARMEL MADONNA for the performance of such services,the sum of three hundred dollars ($300.00).
Cannel Madonna 9/5/18