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HomeMy WebLinkAbout2023 CON Jerry's Photo Booth - Booth Rental Serrvice for Employee Holiday Party 2023CITY OF NATIONAL CITY SERVICE AGREEMENT This City of National CityF Agreement "Agreement" is made and entered into by and between the CITY OF NATIONAL CITY, a general law city and municipal corporation ("CITY"); and Jer _ i to Booth ("CONTRACTOR" r foiiows: who agree as foiiow : . S rvices to be l erfpr bar � I T LT : The CONTRACTOR ACTO makes the following representations and agrees to do the work described in accordance with the stated terms and conditions herein. 2, C pri-pti _ f Services: Photo booth rental service TpLernploymtpzijdata Date: 12/0612023Start Time: 1:00 PM End Time: 3:00 PM Date: Start Time: --- End Time: Location: M LK Commun4y Center 140 E 12th St National city Ca pipso 3. Term: The term of this Agreement shall commence on the fith day of December, 20 235 and shall terminate on the 14th day of December, 20 22, unless earlier terminated pursuant to Section 11, i1 f Y' .E•r MhhV /'4 dt ri`44'K• The following f'49�'4 LF k t'h il•K a4 l_ payment /' for services +!"4M I`4 rendered: Y'd �1 Y►I' • 4. (JiJi1 p �r 1Lp . Ti E ieshall b the terms or to CONTRACTORM1 1 set vices► f :.I Diored: Total Fee for Services Not to Exceed: Payment Terms: Paid via_check day f r-3 days•ostevent a ,.Met f ayr t: 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 I. 6. Independent CONTRACTOR: For all purposes, CONTRACTOR ACT shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR F 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 C NTf ACT R'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. O T ACTOF '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 andor employee contributions for PERS benefits. . 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, Tees, 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: this Agreement; (b) the CONTRACTORS performance or failure to perform the r ii .e ;(c) any act or omission f the CONTRACTOR r its employees; agents of subcontractorsor 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 "CL## Insurance, minimum of 'I innnpnn pArtaryl iirr ne , nnri $9,f T3 o r r i noorpvtp, iitrIrnnhilico I r i1iij Iraqi er r ie (Any Ai ite); inninn each occurrence; ce; and $200,000 general aggregate/ Worker's Compensation, . Declaration; ANC are Additional Insured Endorsement naming the INDEMNITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR ACTO 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 May 2022 Address Email 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 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- : CONTRACTOR shall provide the CITY a signed IRS Form -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 (Renal Code sections 11164 - 1117 . ), 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. Sgnine Authority: The representative signing on the CONTRACTTOR'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 4.4Z(ruJ /S {%•...),.. r?jC,3-FL Prepared by Myra Martinez Date 11/21/2023 Representative Name eft -Arc Xtocieiti yr/% Title Mana em t Analyst Il Title0uI1�-�r Approved by A Date 1 ZihlZ3 Signature Date YZ/ ‘,/ Z? Phone ,005? 4S'*2 514.1 3 Check: 0 Insurance submitted and approved h '10°1441 Title a " 1 02,104-1.-5 P1/4- fG 4,1)14Q COS6t-- Flay 2022 City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: JERKY'S PHOTO BOOTH (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to Jer 's Photo Booth (Company), I declare as follows: —Gerardo Marquillo (name) , Owner _.. title), am authorized to execute this document on behalf of 'company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of . JERRY'S PHOTO BOOTH (company), who are independent contractors. If, however, JERRY.S_PHOTO BOOTH (company) shall ever be required to hire employees or Subcontractors to perform this contract, J..E.BRY!.S PHOTO Booms_--_ (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by JERKY'S PHOLQ BOOTH (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded JERRY'S PHOTO BOOTH (company). JERRY'S PHOTO BOOTH (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: JERRY'S PHOTO BOOTH _.. (company), Dated: November 28 , 20 23 . (Insert company name in all caps) By: (Signature of Authorized Representative) Gerardo Marquillo, Owner (Name and Title) Revised 5-1 - 017 City of National City BUSINESS TAX CERTIFICATE "For Services Provided In National City, California Only' Business Name B usfness Location Business Owner(s) JERRY PHOTO BOOTH 4360 ROSEBUD LN LA MESA, CA 91941-6214 GERARDO MARQUILLO JERKY'S PHOTO BOOTH 4360 ROSEBUD LN LA MESA, CA 91941-6214 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHiBITED. JERRY'S PHOTO BOOTH aw a Business Type Aocount Number Effective Date Expiration Date 2023 TO BE POSTED IN A CONSFICtioU8 PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Photography 09052678 August 17, 2023 December 31, 2023 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE ATE WHETHER NOT YOU RECEIVE A RENEWAL NOTICE For ell Inquiries regarding this certificate, contact HdL Business Tax Support Center at OA 382-2596. Thank you For your payment on your National City Business Tax Certificate, ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at Nation&t ity H Lgov,com or by telephone at ( 1 g) 382382-2593 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements is of the National City Municipal code and other applicable laws, nor to conduct business In a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place, at he premises, Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times If required by the Collector, Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://w w.dca.ca.govlpubilcat n / BUSINESS TAX SUPPORT CENTER 00EI in' 8839 N CEDAR AVE #212 FRESNQ, CA 93720-1832 JERRY'S PHOTO BOOTH 4360 ROSEBUD LN LA MESA, CA 91941-6214 City of National City BUSINESS Tax CERTIFICATE Account Number; 0905267E Date of Issue:08117/2023 } %%1*A USAA® RAGE I MAIL it H--III[-1 00001 2023 AUTOMOBILE POLICY PACKET GERARDO MARQUILLO BUENA2545 VISTA AVE LEMON GROVE CA 91945-3215 GAR 03789 90 84 7103 POLICY PERIOD: EFFECTIVE NOV 11 2023 TO DEC 08 2023 IMPORTANT MESSAGES Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other policy details are correct and meet your insurance needs. Required information forms are also enclosed for your review, Check your vehicle for a safety recall today! Visit www,usaa.comiautorecall to learn more. Your safety matters to USAA. Visit http: /usa r.c m/aut ad ice for our latest auto insurance and driving safety tips. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING: ANY PERSON WHO KNOWINGLY PRESENTS TS FALSE OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. Your vehicle mileage may have been updated based upon available information anclior your response to mileage verification request. A change to your Automobile Policy has been processed. This adjustment affects your current and/or renewal policies. Please add the amended policy papers to the appropriate policy. This is not a bill. Any premium charge or change for this policy will be reflected on your next regular monthly statement. Your current billing statement should still be paid by the due date indicated. To receive this document and others electronically, or manage your Auto Policy online, go to usaa.com. For U.S. . calls: Policy Service () 531— 1 1 1, Claims (800) 531-8222. ACSI 97 -- 4 6 USAA' GARRISON PROPERTY and CASUALTY INSURANCE COMPANY (A stock Insurance Company) 9800 Fredericksburg Road - San Antonio, Texas 75288 CALIFORNIA AUTO POLICY AMENDED DECLARATIONS ATTACH TO PREVIOUS POLICY Named Insured and Address GERARDO MARQUILLO 545 BUENA VISTA AVE LEMON GROVE CA 91945-3215 Desri s tin of Vehicle s TOYOTA VOLKS TAG PRIUS HYB TRANSPORTER BODYTYPE 4D CARGO State PPGE MAIL MCH-M-I AMENDMENT TO POLICY NUMBER 03789 90 84R 7103 0 POLICY PERIOD: (12:01 A.M. standard time) EFFECTIVE NOV 11 2023 TO DEC OPERATORS 01 GERARDO 1ARQUILLO 15000 300 IDENTIFICATION NUMBER JTDKB .FU6H3 0 3 5 0 6 9 2322169053 The Vehicle(s) described herein is principally garaged at the above address un ess otherwise stated. * /C= ork/Schoor s=Business. E zfeini -Pleasure VEH 03 LEMON GROVE CA 91945-315 VEH 05 LEMON GROVE CA 91945-315 ipo icy provi s es 0 1,' ose, coverages w ere a premium ks s own se ow. e imi s s own may a reduced bypolicy and a not be combined �, . ed reardles of the number of vehicles for which a 'remium is listed unless s • eeifieall authorized elsewhere in this •olio COVERAGES LIMITS OF LIABILITY ("ACV" MEANS ACTUAL CASH VALUE) PART A - LIABILITY BODILY INJURY EA PER $ 100,00 EA ACC $ 240,00 PROPERTY DAMAGE EA ACC $ 100,00 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS COLLISION LOSS RENTAL REIMBURSEMENT ECONOMY CLASS TOWING AND LABOR VEHICLE TOTAL PREMIUM ACV LESS ACV LESS VEH 03 6-MONTH D=DED PREMIUM AMOUNT 170.99 140.74 105.08 VEH OS 6-MONTH IJ=DED PREMIUM MOUNT $ I 250 250 53.28 36.12 455,52 134.52 ADJ S T lE T REASO D=DED PREMIUM D=DED PREMIUM MOUNT ; MOUNT CF NGE IN ANNUAL UAL MILEAGE VEH 0 3 HANG IN LOC k TIO VEH 03 05 REVISED 6 MONTH PREMIU ... 590.04 6 MNTH D CREA E.E...$ 20.35 PREMIUM DUE AT INCEPTION. THIS I NOT BILL, STATI PENT 0 FO LOW. THE FOLLOWING COVERAGE(S) DEFINED IN THIS POLICY ARE NOT PROVIDED FOR: VEH 03 - MEDICAL PAYMENTS, EXTENDED BENEFITS COVERAGE, UNINSURED MOTORIST, COLLISION VEH OS - MEDICAL PAYMENTS, EXTENDED BENEFITS COVERAGE, UNINSURED MOTORIST, RENTAL REIMBURSEMENT ENDORSEMENTS: ADDED 11-11-23 NONE REMAIN IN EFFECT REFER TO PREVIOUS POLICY - A200CA 01 RSGPCW 01 5100CA 02 RSM09 n WITNESS W 5000 R 05-12 51492-05-12 XXX99 REOF, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas, on this date NOVEMBER 1 Ckiu4X.1 'mot - Kelly Armstrong, Secretary Randy Termeer, President LAST PAGE GAR 03789 90 84 7103 SUPPLEMENTAL L INFORMATION USAA® EFFECTIVE NOV 11 2023 TO DEC 08 2023 The following approximate premium discounts or credits have already been applied to reduce your policy premium costs. NOTE: Age or senior citizen status, if allowed by your state/location, was taken into consideration when your rates were set and your premiums have already been adjusted. VEHICLE 03 GOOD DRIVER DISCOUNT -$ 113.89 OPERATOR 01 GOOD STUDENT DISCOUNT -$ 4.96 OPERATOR 01 MULTI -CAR DISCOUNT PERSISTENCY DISCOUNT PREMIER OPERATOR DISCOUNT - $ 86.59 - $ 15.18 - $ 122.66 VEHICLE 05 ANNUAL MILEAGE DISCQUNT --$ 123.90 GOOD DRIVER DISCOUNT -$ 33.53 OPERATOR 01 MULTI - CAR DISCOLTi\ T --$ 18.27 PERSISTENCY DISCOTTNT -$ 3.20 PREMIER OPERATOR DISCOUNT -$ 25,88 SUPDECCW Rev. . — OVEM ER 10, 2023 ,,......! ACC, ? CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER AFFIRMATIVELY OR NEGATIVELY AMEND, CONSTITUTE A CONTRACT BETWEEN THE OF EXTEND ISSUING INFORMATION OR ALTER INSURER(S), OF ONLY AND THE COVERAGE AUTHORIZED LIABILITY CONFERS AFFORDED REPRESENTATIVE NO RIGHTS BY THE INSURANCE UPON POLICIES OR PRODUCER, THE CERTIFICATE BELOW. AND DATE (MM!DD YY(Y) 11/13/2023 HOLDER. THIS CERTIFICATE DOES NOT THIS CERTIFICATE OF INSURANCE DOES NOT THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polls (Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Simply 1 15 Boston, Beacon th Floor Business Street MA 02108 - --- CONTACT Simply Business 19-I0I E (A/C, NoLEA): —.... (866) 538-7491 FAX _.-._. JCLNo): E-MA1L ADDRESS: ContaCtLJSImplybu ine . om INSURER(S)AFFORDING COVERAGE NAIC0 INSURERA: Spinnaker Insurance Company 24376 INSURED Jerry's Photo Booth 2645 Buena Vista Ave Lemon Grove, California 91945 — INSURER B : INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE ANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE l DDL IIVBD SUER WVD - POLICY NUMBER POLICY EFF IMMFOD/YYYY).... POLICY EXP (MMIDD/YYY f) - LIMITS A X COMMERCIAL GENERAL LIABILITY Y HBW 1 1 B 07/14/2023 07/14J 024 EACH OCCURRENCE $1,000,000 OCCUR PRE ?E2rence)CLA]MS-MADE I 100, 000 -- _ --- _ MED EXP (Any one person) $5,000 III__._... __-- PERSONAL&ADV INJURY 1,000,000 GEM, — AGGREGATE LIMIT APPLIES PER: GENERAL. AGGREGATE , 000, 000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGB 2, 00, 00 OTHER: AUTOMOBILE LIABILITY _. _..- 13 Eb MOLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) OWNED AUTOS ONLY Ciiii ULED BODILY INJURY (Per accadenl -- ---- HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE _Per accident) ---._..........-... UMBRELLA LIAB III OCCUR - EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTIONII WORKERS COMPENSATION AND EMPLOYERS' LIABLITY YIN N IA PER STATUTE .Th. R E,L, EACH ACCIDENT ANYPRCPRIETORIPARTNERIEXEUTIVE OFFI ERIMEMBERE CLUDED? E.L. DISEASE - EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT - -- PROFESSIONAL LIABILITY EACH CLAIM AGGREGATE DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of National City and its respective officers, officials, agents, employees, and volunteers are listed as an additional insured on the general liability policy as per written contract. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE }-' {fir T „fib ACORD 26 (2016103) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS PAGE INTENTIONALLY LEFT BLANK