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HomeMy WebLinkAbout2017 CON Willy Bietak Productions - Ice Scating Rink Kimball Park Event0 SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLY BIETAK PRODUCTIONS, INC. THIS AGREEMENT is entered into this l lth day of September, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLY BIETAK PRODUCTIONS, INC., a Nevada corporation (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide an ice skating rink in Kimball Park on December 8 — 9, 2017 for A Kimball Holiday Event, as outlined in attached proposal, Exhibit "A". 2. Length of Agreement. The duration of this Agreement is from December 7, 2017 through December 10, 2017. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one-time cost of $11,500.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. Standard Short Form Agreement Page 2 of 5 City of National City and Revised August 2017 Willy Bietak Productions, Inc. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 8. Indemnification and Hold Harmless. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 8. Acceptability of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 9. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 10. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. Standard Short Form Agreement Page 3 of 5 City of National City and Revised August 2017 Willy Bietak Productions, Inc. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Standard Short Form Agreement [Signature Page to Follow] Page 4 of 5 City of National City and Revised August 2017 Willy Bietak Productions, Inc. CITY OF NATIONAL CITY WILLY BIETAK PRODUCTIONS, INC. (Corporation — signatures of two corporate officers required) Leslie Deese, City Manager APPROVAS TO FORM: Angil P. Morris Jones City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4352 Fax: (619) 336-4292 Contact: Audrey Denham Title: Recreation Superintendent Dep.: Community Services Email: adenham@nationalcityca.gov Standard Short Form Agreement (Print) 1I (Title) II By: (Name WIN(Print) jtisoR () WILLY BIETAK PRODUCTIONS, INC. 1404 Third Street Promenade, Suite 200 Santa Monica, CA 90401-3426 Phone: (310) 576-2400 Fax: (310) 576-2405 Contact: Matt Kessinger Title: Production Manager Email: matt@bietakproductions.com Taxpayer I.D. No.: 95-4032479 Page 5 of 5 City of National City and Revised August 2017 Willy Bietak Productions, Inc. 661/1/401k L� February 23, 2017 Shannon Bullock Recreation Center Supervisor Community Services Department City of National City National City, CA (619) 336-4352 sbullock@nationalcityca.gov RE: SYNTHETIC ICE SKATING RINK 2017 Dear Shannon Bullock: Thank you for your interest in Willy Bietak Productions providing your synthetic ice rink. Subject to equipment availability and the information that we have at this time, we would like to propose the following: OBJECTIVE: To provide the best in worry -free, state-of-the-art, turnkey or rental, public and private ice skating rinks to fit your budget and promotional needs. • Location • Ice size • Install • Operating Days • Party skating • Remove National City, CA 2400Sq. Ft (approx. 40' x 60' skatable surface) December 7th 2017 2 December 8th 2017 - December 9th 2017 December 10th 2017 SCOPE OF SERVICES PROVIDED BY WILLY BIETAK PRODUCTIONS: • A complete synthetic ice skating surface including related support equipment. • Installation and removal of ice rink by qualified installers. • Casual non -union labor for setup and strike of ice equipment if needed. • Dasher board system. • Rental ice skates. • Glide enhancer • Benches • Rubber matting 1404 Third Street Promenade - Suite #200 - Santa Monica, CA 90401 Tel 310 576 2400 Fax 310 576 2405 www.bletakpreducldens.cem National City Synthetic Ice Rink Proposal 2/23/17 Page 2 • Round trip trucking of all WBP equipment. • Round trip transportation of WBP staff. • Worker's Comp insurance for Bietak employees. YOUR RESPONSIBILITIES: This project requires significant involvement by your personnel. Ultimate success is highly dependent on their effort. To help achieve a smooth and successful implementation, it will be your responsibility to provide: • A 40' by 60' level surface on which to install the ice rink. • A minimum 20'x20' skate changing area. • Staff to manage and operate including manager and ice rink personnel. • Free access twenty-four hour on -site parking for Bietak staff. • Any permits or business licenses that may be required in association with ice installation, operation and special events. • Event Liability insurance. Notes: Security is not hired or provided by WBP and is not included in this cost. Security will need to be hired, provided and paid for by client. BENEFITS: When the project is complete, outdoor ice skating on real or synthetic ice during the Holiday Season will garner a great deal of interest in your community. It promotes physical activity, family outings, date nights and possible celebrity sightings. Not only do we deliver and install these exceptional rinks, we can also provide a complete theatrical ice show with the best skaters in the world if requested at an additional cost. COSTS AND PROFESSIONAL FEES: Based on the information we have at the moment and equipment availability, our price for the above mentioned service would be: 2 Days Rental Fee Delivery, Set up & Removal $ 11,500 USD Included A deposit of $ 5,750.00 (50%) will be due upon signing of this proposal. The remainder of $ 5,750.00 will be due on December 8th 2017 CLOSING: Willy Bietak Productions appreciates the opportunity to service your ice synthetic rink needs. If you would like to accept this proposal, Please sign and return a copy agreeing to the specified terms above. 1404 Third Street Promenade - Suite #200 - Santa Monica, CA 90401 Tal 11(1 S7F 74rm Fax S7F 7d(1S WWW hiP..taknrodllctioos_Com National City Synthetic Ice Rink Proposal 2/23/17 Page 3 Sincerely, Ron Napolitano Willy Bietak Productions Agreed and Accepted, Agreed and Accepted, Willy Bietak Shannon Bullock Willy Bietak Productions, Inc. City of National City EXHIBIT A 1404 Third Street Promenade - Suite #200 - Santa Monica, CA 90401 TPi S7F ?arm Fax 11 n S7F ?zinc www hintaknrndurtinns rnm CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk WILLY BIETAK PRODUCTIONS, INC. Short Form Services Agreement Ice Skating Rink Kimball Park Holiday Event Audrey Denham (Community Services) Forwarded Copy of Agreement to Willy Bietak Productions, Inc.