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HomeMy WebLinkAbout2019 CON Willy Bietak Productions - Ice Scating Rink - Kimball Park EventSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLY BIETAK PRODUCTIONS, INC. THIS AGREEMENT is entered into this 27th day of June, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLY BIETAK PRODUCTIONS, INC., a corporation (the "CONTRACTOR"). 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 services as outlined in attached proposal, Exhibit "A". Services provided will include a complete synthetic ice skating rink with installation and removal. 2. Length of Agreement. The schedule is set forth below: Work shall begin early as 7:00 am on December 14, 2019, and must completed by 12:00 pm on December 14, 2019. Removal will take place at 10:00 pm on December 14, 2019, and must be completely removed by 12:00 am on December 15, 2019. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a cost of $9,500 (nine thousand five hundred dollars). 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 a deposit payment of $4,700 upon execution of the Service Agreement. CITY will make a final payment of $4,700 on December 14, 2019 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 non -owned, and hired vehicles. 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 with a $2,000,000 umbrella policy, 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. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. 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 "surpluslines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") 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 insurance policies required by this Section 7 in full force and effect at all times during the term of this Agreement, the CITY Standard Short Form Agreement Page 2 of 6 City of National City and Revised May 2019 Willy Bietak Productions, Inc. may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 7, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY 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. M. Any permits or business licenses that may be required in association with ice installation, operation and special events. N. Event Lability Insurance. 8. Indemnification and Hold Harmless. To the maximum extent provided by law, 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. 9. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 9.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to CONTRACTOR Standard Short Form Agreement Page 3 of 6 City of National City and Revised May 2019 Willy Bietak Productions, Inc. notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 9.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 9.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 10. 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. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Prevailing Wages. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 13. Administrative Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. 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. C. 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. Standard Short Form Agreement Page 4 of 6 City of National City and Revised May 2019 Willy Bietak Productions, Inc. D. 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. E. 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. F. 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. G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. 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. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. 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. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. 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. N. 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. Standard Short Form Agreement Page 5 of 6 City of National City and Revised May 2019 Willy Bietak Productions, Inc. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY on, City Manager APPROVED AS TO FORM: '1* BY: /./� Angil P. 1 oms Jones City orney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4358 Fax: (619) 336-4292 Contact: Juanita Castaneda Title: Recreation Center Supervisor Dep.: Community Services Department Email: jcastaneda@nationalcityca.gov WILL BIETAK PRO A i,I,CTI I S, INC. (Corporation — matures of two i rporate off ers required) By: (Name By: (Perin 1J (Title) ) CV me) s 01- (Print) WILLY BIETAK PRODUCTIONS, INC. 1404 Third St. Promenade #200 Santa Monica, CA 90401 Phone: (310) 576-2400 Fax: Contact: Kerry Farmer Title: Director of Operations Email: Kerry@bietakproductions.com Taxpayer I.D. No.: 954032479 Standard Short Form Agreement Page 6 of 6 City of National City and Revised May 2019 Willy Bietak Productions, Inc. 610.6101k -ram May 15, 2019 Cassandra Martinez Recreation Leader III Community Services Department City of National City National City, CA cassandraM@nationalcityca.gov RE: SYNTHETIC ICE SKATING RINK 2019 Dear Cassandra Martinez: "Exhibit A" 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 National City, CA • Ice size 2400Sq. Ft (approx. 40' x 60' skatable surface) • Install December 14th 2019 • Operating Days 1 • Remove December 14th 2019 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 • Round trip trucking of all WBP equipment. • Round trip transportation of WBP staff. • Worker's Comp insurance for Bietak employees. YOUR RESPONSIBILITIES: 1404 Third Street Promenade - Suite #200 - Santa Monica, CA 90401 Tel 310 576 2400 Fax 310 576 2405 www.bietablreluctiens.cem 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. • Material to cover the area to prevent damage to our equipment such as plywood or carpet. • 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. 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: A 1 Days Rental Fee $ 9,500 USD Delivery, Set up & Removal Included deposit of $ 4,750.00 (50%) will be due upon signing of this proposal. The remainder of $ 4,750.00 will be due on December 14' 2019 CLOSING: Willy Bietak Productions appreciates the opportunity to service your synthetic ice rink needs. If you would like to accept this proposal, Please sign and return a copy agreeing to the specified terms above. Sincerely, Matt Kessinger Willy Bietak Productions AgreAgreed and Accepted, ietak Willy Bietak Productie s, Inc. ' City of National City 1404 Third Street Promenade - Suite #200 - Santa Monica, CA 90401 Tel 310 576 2400 Fax 310 576 2405 www.bietabpreductious.cem ACORO CERTIFICATE OF LIABILITY INSURANCE Acct#. 2532184 DATE (MM/DD/YYYY) 10/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Willis of Greater Kansas City Inc. 5700 W 112th Street, Ste. 100 Overland Park. KS 66211 INSURED Barrett Business Services, Inc. L/CIF WILLY BIETAK PRODUCTIONS, INC. 1404 3RD STREET PROMENADE STE 200 SANTA MONICA, CA 90401 CONTACT NAME: PHONE 844-290-4908 (A/C No Ext)' E-MAIL BBSIcerts@locktonaffinity.com ADDRESS: @ 4Y•com FAX (A/C. No): INSURER(S) AFFORDING COVERAGE INSURER A : Ace American Insurance Co. NAIC S 22667 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYW) POLICY EXP (MMIDD(YYW) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (My one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE — — LIABILITY ANY AUTO ALL OWNED _ _AUTOS SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED PROPRIETOR/PARTNER/EXECUTIVEANY (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YYN NIA X C66369596 10/1/2019 10/1/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract 30-Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION City Of National City ATTN: Clo Risk Manager 1243 National City Boulevard National City, CA 91950-4397 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 3- / ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and loco are registered marks of ACORD 4, Workers' Compensation and Employers' Liability Policy Named Insured Barrett Business Services, Inc. L/C/F WILLY BIETAK PRODUCTIONS, INC. 1404 3RD STREET PROMENADE STE 200 SANTA MONICA, CA 90401 Endorsement Number Policy Number Symbol: Number: C66369596 Policy Period 10/1/2019 TO 10/1/2020 Effective Date of Endorsement 10/9/2019 Issued By (Name of the Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED q.; r Authorized Agent WC 99 03 22 WILLBIE-01 MGRABOWSKI ACORO ki......---CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 License # 0757776 HUB International Insurance Services Inc. 16030 Ventura Blvd., Suite 500 Encino, CA 91436 CONTACT Mona -Rena Grabowski NAME: PHONE R18) 257-7407 FAX (AIC, No, Ext): (A/C, No): noDREss: Mona.Grabowski@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New York Marine & General Insurance 16608 INSURED Willy Bietak Productions Inc. 1404 Third Street Promenade Suite #200 Santa Monica, CA 90401 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : VERAGE CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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 ADDL INSD SUBR WPOLICY NUMBER VD /YPOLICY EFF POLICY EXP LIMITS (MM/DDYYY) (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY X I OCCUR X PK201900012607 2/26/2019 2/26/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE PAMAGES (RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (My one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 1,000,000 $ A AUTOMOBILE X LIABILITY X X SCHEDULED AUTOS NON -AWNED AUTOS ONLY X AU201900015108 2/26/2019 2/26/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAMS -MADE UM201900006610 2/26/2019 2/26/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED 1 X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AND ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N NIA PER H- STATUTE I OT E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Kimball Holiday at E 12th St, National City, CA 91950 The City of National City, its elected officials, officers, agents, employees and volunteers are included as an Additional Insured, but only as respects to claims arising out of the negligence of the Named Insured. CANCELLATION Cityof National CityTHE c/o Risk Manager 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PK201900012607 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of National City,its elected officials, officers, agents, employees and volunteers 1243 National City Boulevard National City, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: AU201900015108 COMMERCIAL AUTO UGCA 35 99 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name Of Person Or Organization: City of National City,its elected officials, officers, agents, employees and volunteers 1243 National City Boulevard National City, CA 91950 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The inclusion of additional interest or interests will not operate to increase the limit of our liability. UGCA 35 99 01 07 ISO Copyrighted Material Included Page 1 of 1 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk November 5, 2019 Ms. Kerry Farmer Willy Bietak Productions, Inc. 1404 Third St. Promenade, #200 Santa Monica, CA 90401 Dear Ms. Farmer, On June 27th, 2019, an Agreement was entered into between the City of National City and Willy Bietak Productions, Inc. We are forwarding a fully executed original Agreement for your records. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure CONTRACT TRANSMITTAL FORM (Attach as cover sheet to Documents dropped off to City Clerk's Office) Date: 10 -3 0-.2-0101 From (Dept.): Nmtryw IA-n t' t'/ I C C� Submitted b First & Last Name):Qt y ( )jixv'u'4x �ts}OtYILG� Vendor: kA;1\% i3xerk oclur ovns,c Resolution: YES / NO Resolution No. (if applicable): 1 02 3 4 Originals Provided to City Clerk (circle quantity) yts 1�D Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original