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Home My WebLink AboutKing Kream - Catering Service for Employee Event - 2025 Dotusign Envelope ID:DB3101 EE-FAD7-4CE2-86F5-21 E36C40CD46 «—CALIFORNIA —« NATIONAL CITE N�IWYY City Manager's Office SERVICE AGREEMENT This City of National City Service Agreement("Agreement") is made and entered into by and between the CITY OF NATIONAL CITY, a general law city and municipal corporation ("CITY"), and DAVID LEWIS dba KING KREAM, a sole proprietor("CONTRACTOR")who agree as follows: 1. Services to be Performed by CONTRACTOR: The CONTRACTOR makes the following representations and agrees to do the work described in accordance with the stated terms and conditions herein. 2. Description of Services: Catering service for an employee event. Date: May 15, 2025 Start Time: 2:00 pm End Time: 4:00 pm Location: 1200 National City Boulevard, National City, CA 91950 3. Term: The term of this Agreement shall commence on the 15th day of May 2025, and shall terminate on the 15th day of May 2025, unless earlier terminated pursuant to Section 10. 4. Compensation: The following shall be the terms of payment to CONTRACTOR for services rendered: Total Fee for Services Not to Exceed: $1,193.50 Payment Terms: CITY will make payment with check on Thursday, May 15, 2025 once work is completed. 5. Method of Payment: The compensation provided in Section 4 shall be paid in full upon completion of services rendered. The compensation provided in Section 4 shall be paid by CITY in the amount of$1,193.50. 6. Independent CONTRACTOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR has and shall retain the right to exercise full control and supervision of all persons assisting the CONTRACTOR in the performance of the services hereunder,the CITY only being concerned with the finished results of the work being performed. As such,the CONTRACTOR and CONTRACTOR's employees are not entitled to any of the rights, benefits, or privileges of a CITY employee including, but not limited to, overtime, medical or Workers' Compensation Insurance, retirement benefits, or injury or other leave benefits. CONTRACTOR is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters. CONTRACTOR's employees providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit, including, but not limited to, eligibility to enroll in California Public Employees Retirement System ("PERS") as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. 7. Indemnity:To the fullest extent available under the law,the CONTRACTOR agrees to defend(with counsel acceptable to CITY), indemnify and hold harmless the CITY and its respective officers, officials, agents, employees, and volunteers (collectively "INDEMNITEES") against and from any and all claims, demands, liabilities, losses, damages to property, injuries to, or death of any person or persons, and costs (including attorneys' fees and expert costs), of any kind or nature whatsoever, resulting from or arising out of: (a) this Agreement; (b) the CONTRACTOR'S performance or failure to perform the services; (c) any act or omission of the CONTRACTOR or its employees, agents or subcontractors or their violation of any law; or(d) alleged PERS eligibility of any person performing services on CONTRACTOR's behalf or any employer and employee contributions for PERS benefits on behalf of such persons as well as for payment of any penalties and interest on such contributions. This section survives termination of this Agreement. 8. Insurance: CONTRACTOR shall obtain and maintain Commercial General Liability ("CGL") Insurance, Commercial Automobile Liability Insurance(Any Auto), and Worker's Compensation and Employer's Liability coverage, minimum of $1,000,000 each occurrence, and $2,000,000 general aggregate;AND an Additional Insured Endorsement naming the INDEMNITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR maintains higher limits, INDEMNITEES shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to INDEMNITEES. CGL and auto liability policies shall be endorsed to provide that the policies are primary and non- contributory to any insurance that may be carried by INDEMNITEES,which shall be submitted to the CITY.Any insurance May 2022 Dobusign Envelope ID:DB3101EE-FAD7-4CE2-86F5-21E36C40CD46 or self-insurance maintained by INDEMNITEES shall be excess of the CONTRACTOR's insurance and shall not contribute with it. The CONTRACTOR shall provide an endorsement that the workers compensation insurer waives the right of subrogation against INDEMNITEES. 9. Commencement of Services: CONTRACTOR shall not commence the performance of services under this Agreement until the required insurance is approved by the City's Risk Manager. 10. Termination: This Agreement may be terminated by the CITY upon one (1) day's written notice. 11. Form W-9: CONTRACTOR shall provide the CITY a signed IRS Form W-9: Request for Taxpayer Identification Number and Certification. 12. Changes: This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No changes or variations of any kind in the Agreement or the services to be performed are authorized without the prior written consent of the CITY. 13. Compliance with Law: The CONTRACTOR represents and warrants that CONTRACTOR is familiar with the requirements of all applicable federal, state and local laws and ordinances applicable to performing the services, including, but not limited to, AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect Reporting Act (Penal Code sections 11164 - 11174.3), unemployment insurance benefits, FICA laws, and income reports, and that it and each and every person performing any of the services on CONTRACTOR's behalf does and will, at all times, comply with such requirements whether now in force or subsequently enacted. 14. Signing Authority: The representative signing on the CONTRACTOR's behalf hereby (a) declares that authority has been obtained to sign on the CONTRACTOR's behalf; (b)agrees to hold INDEMNITEES harmless if it is later determined that such authority does not exist; (c) declares that such representative has read and understood this Agreement; and (d) agrees on CONTRACTOR's behalf to be bound by the terms and conditions herein. City of National City: Contractor Name: David Lewis dba King Kream Prepared by: Stephanie Mendiola Date: Representative Name: David Lewis Title: Admin Secrete Title: 0 ket°"'°j: Approved by: Date: Sig nat reQ'I' (,t,WtS Title: C/t� 5/11 g306F2E83F0747F_ Date: /LVL Phone: (619) 818-2384 Check: El Insurance submitted and approved Address: 767 Anita Street Ste J Chula Vista CA 91911 Email: kingkream11(@..gmail.com May 2022 Ddcusign Envelope ID:DB3101 EE-FAD7-4CE2-86F5-21 E36C40CD46 May 2022 i, -- ...• ... ICE CREAM v . ......., % 3 ( ! CIAL CULTURE CLUB IS EXCITED TO INVITE YOU TO A FUN AND SWEET ICE CREAM SOCIAL! JOIN US ON THURSDAY MAY 1ST" 2 PM TO 4 PM VISITOR PARKING LOT AT THE POLICE DEPARTMENT THERE WILL BE A VARIETY OF ICE CREAM FLAVORS AND TOPPINGS TO CHOOSE FROM, SO COME PREPARED TO INDULGE AND MINGLE WITH YOUR COLLEAGUES! WE HOPE TO SEE YOU THERE FOR A SCOOP (OR TWO) OF FUN! 1 r4. 41\