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HomeMy WebLinkAboutPacific Shoreline Marathon, LLC - 2011-04-04 ,S Dept.'ID CS 14 005 Page 1 of 1 % Meeting Date:3/17/2014 g CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of contract amendment#1 with Pacific Shoreline Marathon LLC extending the term three (3) years to provide the Distance Derby in Huntington Beach, and requesting to change the name of the event to 'Surf City 10' Statement of Issue: The City of Huntington Beach (City) has an agreement with Pacific Shoreline Marathon, LLC (PSM), to operate the annual Distance Derby in Huntington Beach. The City and PSM wish to amend the Original Agreement to officially change the name of the event to the "SURF CITY 10" and to extend the term of the Original Agreement for an additional period of three (3) years. Financial Impact: No General Fund impact. Pacific Shoreline will continue to be responsible for paying all fees required as part of the Specific Events process. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to Provide the Distance Derby in Huntington " extending the term three (3) years and requesting the name of the event be changed to 'Surf City 10.' Alternative Action(s): Do not approve agreement and direct staff accordingly. Analysis: The City entered into a three-year agreement on April 4, 2011, with Pacific Shoreline Marathon, LLC (PSM), to operate the annual Distance Derby in Huntington Beach. This event includes a ten- mile run, a five-mile run/walk, and an event expo. The City and PSM wish to amend the Original Agreement to extend the term for an additional period of three (3) years and also change the name of the event. The official name of the event shall henceforward be "SURF CITY 10." PSM shall continue to conduct the event for the years 2014, 2015, and 2016. The Original Agreement shall now expire on December 31, 2016, unless sooner terminated as provided therein. Environmental Status: Not applicable Strategic Plan Goal: Enhance quality of life Attachment(s): 1) Amendment No. 1 to agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to provide the Distance Derby in Huntington Beach 2) RCA, April 4, 2011, Agreement with Pacific Shoreline Marathon LLC IJB -359- Item 14. - I A - TA CHMENT # 1 � AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC SHORELINE MARATHON, LLC. TO PROVIDE THE DISTANCE DERBY IN HUNTINGTON BEACH THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and PACIFIC SHORELINE MARATHON, LLC. a California limited liability company, hereinafter referred to as "PSM." WHEREAS, City and PSM are parties to that certain agreement, dated April 4, 2011, entitled"Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon LLC. To Provide The Distance Derby In Huntington Beach"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and PSM wish to amend the Original Agreement to extend the term of the Original Agreement for an additional period of three (3) years, NOW, THEREFORE, it is agreed by City and PSM as follows: 1. EXTENSION OF TERM; NEW OFFICIAL NAME OF EVENT. The term of the Original Agreement is hereby extended for an additional period of three (3) years. The official name of the EVENT shall henceforward be "SURF CITY 10." PSM shall continue to conduct the EVENT for the years 2014, 2015, and 2016. The Original Agreement shall now expire on December 31, 2016, unless sooner terminated as provided therein. 2. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 134040/103932 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20_,!& PACIFIC SHORELINE MARATHON, LLC. CITY OF HUNTINGTON BEACH, a a California ' ited liab'.1:' company municipal corporation of the State of California B r.. a print name Mayor ITS: (circle one)Chairman/President/Vice President AND City C k By: INITIATED AND APPROVED: YY\.,f !i-TO Yv1 C.V1Gi�L / print name ITS: (circle one)Secretary/Chief Financial Die O ommunity Services Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: I� t Attorneys 2 � �� REVIE D APPROVED: City• anager 2 13-4040/103932 i DATE. 1/7/2014 CERTIFICATE OF INSURANCE CERTIFICATE NUMBER. 20131223216841 AGENCY: 111 _..__ _ . _.._...._.__._.. ._.______......_.......... ESIX Entertainment&Sports Insurance eXperts THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 6660 New Northside Drive,Suite 640 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES Atlanta,GA 30328 1 NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES Phone:(678)324-3300 Fax:(678)324-3303 BELOW. NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track&Field,Inc, Kinane Events f 132 East Washington Street,Suite 800 INSURER A: Philadelphia Indemnity ins,Co. Indianapolis IN 46204 EVENT INFORMATION: Surf City USA Marathon&Half Marathon(2/2/2014-2/4/2014) POLICYICOVER_AGE INFORMATION: REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHO H THIS CERTIFICATE PERIOD INDICATED. DO R MAY PERTAIN, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEM G ANY. CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I INSJYPE OF INSURANCE POLICY NUMBERS EFFECTIVE: EXPIRES: LIMITS: A 1GENERAL LIABILITY 11/1/2013 11/1/2014 X Occurrence PHPK1092686 GENERAL AGGREGATE(Applies Per Event) $3,000,000 12:01 AM 12:01 AM EACH OCCURRENCE? $1,000,000 DAMAGE TO RENTED PREMISES(Each Occ.) $1,000,000.� MEDICAL EXPENSE(Any one;person) EXCLUDED PERSONAL&ADV INJURY $1;000;000 PRODUCTS-COMP/OP AGG N1 $3 000,000` DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENOOR5EMENTISPECIAL PROVISIONS: Coverage applies to USA Track& Field sanctioned.events and registered practices, including any directly related activities, such as event set-up and tear-down, participant.check-in and award ceremonies, The certificate holder is an Additional Insured,but only,where obligated by contract or agreement and per the following endorsement:Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization(Form CG 20 10). The General Liability policy is primary and non-contributory with respect to the negligence of the Named Insureds. CERTIFICATE HOLDER: _ NOTICE OF CANCELLATION: City of Huntington Beach,ils officers,elected or appointed officials,employees Should any of the above described policies be cancelled before the expiration date'thereof, agents and volunteers notice will be delivered In accordance with the policy;provisions. 2000 Main St AUTHORIZED REPRESENTATIVE: Huntington Beach CA 92648 j f J3�/ USA T) acR & F:i e:1_d, Inc. Eff'ecLi.ve- 1.1./1/2013--1.1/1./201.4 POLICY NUMBER: PHPK1092686 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OIL GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL. SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: The City of Huntington Beach, it's elected or appointed officials, agents, officers, enployess and volunteers 2000 Main Street Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- 2. This insurance does not apply to: clude as an insured any state or governmental a. "Bodily injury", "property damage" or "personal agency or subdivision or political subdivision shown in and advertising injury" arising out of operations the Schedule, subject to the following provisions: performed for the federal government, state or 1. This insurance applies only with respect to opera- municipality; or tions performed by you or on your behalf for which b. "Bodily injury" or "property damage" included the state or governmental agency or subdivision or within the "products-completed operations political subdivision has issued a permit or au- hazard". thorization. CG 20 12 05 09 0 Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ 2• UATE(M.OD,YYYYI --___CERTIFICATE OF 4..1ABILITY I DURANCE I 12118!2013 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 REPRE$ENTATIVE 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 CONTACT Ray Bello, Lic# 0456530 GAME Pam Chadwick ......... 5464 Baltimore Dr,Ste C -PHONE f 19-462-5700 N9S619462.352i „_„.......... Sta(ef'a'rn,La Mesa, CA 91942 E-MAIL +onl3Essr.P:irn(-la.chadwicic.iosu@staletarm,can + .1NSURER�S)AFFORWNI t.OVLRA GL �___NAIC# ................... ...................._._.....................................-__.._.....-.___.............._...... tesuReR a.:State farm Mutual Automobile SnsuranCc C qt a(I 2St7A INSURED Kinane Events,Inc INSURERB: 800 Grand Ave,Ste C-10 INSURr-I29____-..-................--..__-._.__._....,...........,.._—_._._._._..._._..._...,____.....__..._...__.._._....__........._... -- Carlsbad,GA 92008 ---sup �;.... ....... INSURER E: .........._..... .........................._........_..._...._....__—_....___....-._...'-----_..—_._.._. INSURER F: �`�--- COVERAGES _ CERTIFICATE PLUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE HSTFD BELOW 14AVE BCEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAY Br ISSUED OR MAY PERTAIN, THE INSURANCL-ArFORDE?D 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. wsR ADOL;suak, ---- --OU ..._.... —._ _...__.. LYR TYPE OF INSURANCE 4 MMRf EPP POLICY EXP 'INSR 15W0 POLICY NUMBER MM1DD/YYYYj MM07DfYYYY,} LIMITS _ GENERAL LIAHJUTY i ;LJ EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY ........ !_ ANI'AGX T�772F7d'rKl).."........._..._-...__._.....,_....__....._.........._..._._. } PREMIS1iSs17a CLAIMS-MADE f._.I OCCUR lMEDEXP(Anyonopetwn) .. S ....-- -----_--,- __— .—..,..,._—____._..._................,........,_____ PERSONAL&ADV INJURY $ _ GENLRALAGGRWATE $ GEN'LA(X3Re(:ATE LIMtTAPPLIESPER: iPRODUCTS-COMP/OP AGG $ POLICY PRU- LOC $ AUTOMOBILE LIABILITY JECT MBINLD.IN - (MI ^^ _ A Y I 25$8739-E22-55A 11f13t2013 05H3l2014 SEeaBINIErs s 1,QOD,000 ANYAUTO I.1.OVMFD SCItEDULEO ROOILY INJURY(pot parson) A( 238-6515-E23-55A DSt2�2013 OS(2312018 $ AUTOS _X AUTOS BODILY INJURY(Par accidnnq $ HIRED AUTOS X NON-OVMF;T)R .. AUTOS ,. UMBRELLA LIAR OCCUR EACHOCCURRENCE: $ EXCESSLEAD ..........._._._.........._............_....-._.___ ............._......_................._.-- _ _ ._....._CIAfMS-MADE AGGREGATE $ DrD RETENTIONS $ WORNERSCOMPENSATION -�~ VC SIATU- OlH- AND EMPLOYERS'IJARILITY y I N f (3y.(.EMIT's ER ANY PRDPRIEIC*t&ARTNERd9XECUi1VE I E.t EACH ACCIDENT_ $ Orl''ICE/MEMULR EXCLUDED? L..� NIA❑ ....._.__. (Mandatory in NN) E.L.DISEASE•EA EMPLOYE $ yes,desu3le under GIESCRIPTION F OPERATIONS bekyw I E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Rentarics SchedWe,it more space Is required) CERTIFICATE HOLDER CANCELLATION City of Huntington Beach,its officers,elected or SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN appointed officials,employees,agents&Volunteers ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTNORLtEO RE11TATIVE Huntington Beach,CA 92648 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 POL YCYHOLDEM COPY c0 P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-01-2013 GROUP: POLICY NUMBER! 1351410-2013 CERTIFICATE ID: 18 CERTIFICATE EXPIRES: 09-01-2014 03-01-2013/09-•01-2014 CITY OF HUNTINGTON BEACH SD ATTN: RISK MANAGER 2000 MAIN ST HUNTINGTON LEACH CA 92t343 2702 I his-is-to-certify that we-have-issued a valid Workers Compensation insurance-policy in-a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 80 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE CASTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT I/1600 - KATHLEEN KINANE, PRES,TRES - EXCLUDED. ENDORSEMENT N1600 - ROSALEE KINANE, SEC - EXCLUDED. ENDORSEMENT //206S ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-•1996 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, EMPLOYER KINANE EVENTS INC SO 800 GRAND AVE STE C10 CARLSBAD CA 92008 M0409 ft1Ev.1-20121 PRINTED ; 08-16-2013 ATTACHMENT #2 CITY OF HUNTINGTON Interdepartmental Memo TO: Mayor and City Council FROM: Paul Emery, Deputy City Manager/interim Community Services Director, via Fred Wilson, City Manager DATE: Monday, April 4, 2011 SUBJECT: Late Communication Regarding Item #4 -Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Recommended action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing,all necessary certificates of insurance with the City of Huntington Beach C: Joan Flynn COMMUNICATION I mee" Date AgaWa Item Pilo. 7 -1- INUNUONALLY LEFF BLANK Council/Agency Meeting Held:_4j( L0// Deferred/Continued to: Approved8 ❑ Conditionally Ap o� d� ❑ Denied i C rk's S' ature Council Meeting Date: April 4, 2011 Department ID Number: CS-11-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Paul Emery, Deputy City Manager/Interim Community Services Director SUBJECT: Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Statement of Issue: The Community Services Department would like to expand the annual Distance Derby into a premier Southern California running event by partnering with the same management company that promotes and produces the Surf City USA Marathon, Pacific Shoreline Marathon, LLC. Financial Impact: N/A Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to produce the annual Distance Derby. Alternative Action(s): Do not approve the agreement and direct staff accordingly. HB -31- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/4/2011 DEPARTMENT ID NUMBER: CS-11-007 Analysis: The City of Huntington Beach Community Services Department has presented the Annual Distance Derby for fifty-six consecutive years, beginning in 1955. The event has included a 10 mile run, a 5 mile run, a 5 mile walk, and children's "fun run." In recent years, the event has attracted an average of between 700 and 1000 runners. Over the past five decades, the Community Services Department has worked with a variety of promotional companies, as well as with "in house" staff, to produce the Annual Distance Derby. In both cases, it was determined that the event on the Beach Service Road would be limited to the 1000 participants to ensure the quality and safety of the event. The City believes that there is a market for a premier 10-mile event on the west coast, and the City is interested in working with Pacific Shoreline Marathon, LLC., owner of the Surf City Marathon, for the production and operation of the Annual Distance Derby event. The longevity of the Annual Distance Derby event, together with the excellent management of the Surf City Marathon is a partnership that will successfully draw a larger participation base, making the event a destination for the local running community and attracting visitors to the area as well. A change in venue from the Beach Service Road to Pacific Coast Highway is required to grow the Annual Distance Derby to a premier running event. The wide and open highway will provide a race course venue that can accommodate a minimum of 3,600 runners in 2011. Additionally, the partnership with Pacific Shoreline Marathon, LLC., will successfully promote the Annual Distance Derby to the running community, transforming it into a premier "off season" Southern California event, and attracting an anticipated 8,500 runners by the year 2013. Staff is currently working with Cal Trans for the permits required to proceed with the closure of PCH. An agreement with Pacific Shoreline Marathon, LLC., will allow them to invest for future years and solicit sponsors who need assurance that the event would continue to be operated in Huntington Beach for the foreseeable future. The proposed agreement (Attachment 1) is intended to provide that assurance. The agreement is for three-years, 2011 through 2013, and provides for an extension upon mutual agreement for an additional three years (2014-2016). The agreement provides some exclusivity, dictating that the Annual Distance Derby be the only running or walking event to be conducted on Pacific Coast Highway through the City of Huntington Beach for three (3) months prior and two (2) months following the event. The event is scheduled for the first weekend in November each year. As with all specific events, the promoter pays for all direct city costs. Conditions for the overall event will be reviewed through the Specific Events Committee. While there is some impact on city residents, extensive notification is done to minimize inconvenience. The overall footprint and time allotment needed for the Distance Derby event are both less than the Surf City Marathon and all streets will be reopened as soon as public safety permits. A "revitalized" and more successful Distance Derby will bring an attractive demographic to Huntington Beach. The event will increase downtown foot traffic for shops and restaurants Item 4. - 2 HB -32- REQUEST FOR COUNCIL ACTION MEETING DATE: 4/4/2011 DEPARTMENT ID NUMBER: CS-11-007 during the off-season. As the event grows, we anticipate expanded opportunity for related weekend activities and additional hotel stays. Through a new event marketing plan, the Annual Distance Derby will provide an opportunity for Huntington Beach to gain national attention, and will demonstrate we are more than a"surf" town. The event also has the potential to raise funds for local charities and plans to raise awareness and generate support for Project Self Sufficiency. There is the potential for local charities that provide volunteer support for the event to receive donations. Additional fundraising opportunities will also be provided for local charities that support families in need. Environmental Status: NIA Strategic Plan Goal: Enhance Economic Development Attachments): 1. "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. To Provide the Distance Derby in Huntington Beach" HB-33- Item 4. - 3 ATTACHMENT # 1 Item a_ a Ha3< AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC SHORELINE MARATHON, LLC. TO PROVIDE THE DISTANCE DERBY IN HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Pacific Shoreline Marathon, a limited liability company, hereinafter referred to as"PSM." WHEREAS, CITY wishes to be the host site for the Annual Distance Derby in Huntington Beach(hereinafter referred to as the"EVENT"); and The Annual EVENT has been conducted in Huntington Beach since 1955, and is Orange County's oldest foot race; and PSM has agreed to conduct the EVENT in Huntington Beach; and CITY has received financial and other benefits from the EVENT and desires to continue to conduct the EVENT for the years 2011, 2012, and 2013; and PSM desires to continue conducting the EVENT each fall for the years 2011, 2012, and 2013;and The parties desire to set forth the general terms and conditions which will be applicable to the EVENT, NOW, THEREFORE,CITY and PSM do hereby agree as follows: 1. AUTHORITY PSM shall conduct the EVENT in the fall of each year (or on a date mutually agreed to by the parties) for the years 2011, 2012, and 2013 using Huntington Beach as the site under the general terms and conditions contained in this Agreement. This Agreement is subject to Huntington Beach Municipal Code, Chapter 13.54 Specific Events, which requires among other things, for PSM to apply for and process an annual permit for the EVENT. 2. PERMIT FEES AND DIRECT COSTS a) All costs and conditions that apply to each year's EVENT will be determined at the time of review through the Specific Events Committee. These may include, but are not limited to, specific event permit fees, police costs, fire department permits and costs, public works costs for road closure and traffic control plans, business license, parking and parking lot use and beach maintenance costs. PSM is responsible for paying all associated CITY costs and fees 30 days in advance of the EVENT. 11-2839/61871 1 b) PSM will donate to Project Self-Sufficiency a $2 registration donation for every paid registration above a base of 2,000 paid registrants, or a minimum donation of $10,000 per event year, whichever is greater. PSM will allocate specific sponsor benefits directly to PSS, and will assist PSS in the development of a program to recruit runners as fundraisers. c) The CITY will make every effort to notify PSM within three (3) months of the event of any construction, road maintenance, or any activity planned on or adjacent to the race course that may inhibit or otherwise disrupt the use of the course during the EVENT. 3. TERM, EXTENSION This Agreement shall apply to the EVENT for the years 2011, 2012, 2013 and shall remain in effect until December 30, 2013. This Agreement may be extended, upon mutual agreement of the parties, for an additional three year period, to include the years 2014, 2015 and 2016. This Agreement may be terminated by either party with eleven (11) months prior written notice to the other party, or within eleven (11) months of the next EVENT date if both parties mutually agree on conditions of termination. However, CITY may also terminate this Agreement upon thirty (30) days prior written notice to PSM if: a)PSM fails to comply with the conditions of approval for the EVENT, or b) PSM fails to pay assigned fees in advance of the event, as set forth each year by the Specific Events Committee and approved by the Community Services Director, or c) after review by the Specific Events Committee and subsequent evaluation by the City Council, PSM'S performance is determined to be below the standards consistent with the management of a first class professional sporting event. Factors to be considered in any such determination may include, but are not limited to: compliance with the conditions of approval for the EVENT as set forth by the Specific Events Committee; timely payment of fees; compliance with all health and safety requirements; and successful response to community access issues. 4. EXCLUSIVITY For the term of this Agreement, and except for the Pacific Shoreline Marathon, the EVENT shall be the sole, exclusive, and only recognized 10 mile/5 mile Run/Walk to be conducted on public property in the CITY during the period three (3) months prior and three (3) months following the EVENT. 11-2839/61871 2 5. PROPRIETARY INTEREST IN EVENT NAME In the event this Agreement is terminated for any reason and at the conclusion of the term of this Agreement, the name "Annual Distance Derby" shall be the sole property of PSM. 6. HOLD HARMLESS PSM shall protect, defend, indemnify and save and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with PSM's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by PSM, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. PSM will conduct all defense at its sole cost and expense and CITY shall approve selection of PSM's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by PSM. 7. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, PSM acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; PSM covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless PSM files with CITY an approved, signed Declaration of Non- Employer Status, PSM shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. PSM shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. PSM shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and PSM shall similarly require all subcontractors to waive subrogation. 8. INSURANCE In addition to the workers' compensation and employer's liability insurance and PSM's covenant to defend, hold harmless and indemnify CITY, PSM shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. This policy shall indemnify PSM, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising 11-2839/61871 3 out or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this EVENT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the EVENT shall be deemed excess coverage and that PSM's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, PSM shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: a) provide the name and policy number of each carrier and policy; b) state that the policy is currently in force; and c) promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. PSM shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the PSM's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. PSM shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. PSM shall provide a separate copy of the additional insured endorsement to each of PSM's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 10. CITY EMPLOYEES AND OFFICIALS PSM shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. l 1-2839/61871 4 11. ASSIGNING AS BREACH PSM shall not encumber, assign or otherwise transfer this Agreement, or any right or interest in this Agreement, without the prior express written consent of CITY. A consent by CITY to one assignment or transfer to another person or entity shall not be deemed to be a consent to any subsequent assignment or transfer to another person or entity. Any encumbrance, assignment or transfer, without the prior written consent of CITY,whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this Agreement. 12. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to PSM or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO PSM: City of Huntington Beach Pacific Shoreline Marathon ATTN: Director of Community Services ATTN: Amy Tomchak 2000 Main Street 3300 Via Lido Huntington Beach, CA 92648 Newport Beach, CA 92663 13. LEGAL SERVICES SUBCONTRACTING PROHIBITED PSM and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. PSM understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by PSM. 14. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 11-2839/61871 5 15. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, if any, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on /L— 04/ 2011 PACIFIC SHORELINE MARATHON, a CITY OF HUNTINGTON BEACH, a limited liability company municipal corporation of the State of California By: print name t��/ ITS: (circle one)Chairrn esiden ice President AND Q"Iln) By: lV/f� ty Clerk . print name INITIA D PROVED: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of CommAity Services REVIE APPROVED: APPROVED AS TO FORM: C' y Manager _ City�AAomey 9 1 l-2839/61871 6 Su �. iCITY OF HUNTINGTON BEACH ty 2000 Main Street, Huntington Beach, CA 92648 i f Declaration of Non-Employer Stags The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a j declaration to that effect by completing and signing this form and returning to: i City of Huntington Beach , 2000 Main Street i Huntington Beach, CA 92648 i I certify that in the performance of the activity or work for which this permit is j issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: Pa ci Q c S 1 t re i; A 2 0 61 ra 4�\c V\ Address: _ 33C)o L,`du t,� w'nt _bee, 6� II I Applicant ;4�,,., 0V_V1C a Applicant's Signature: �--- Title: Prc a i`d 4- Date Signed; 3 -2 1- l I Telephone Number: qH i i '/'J'.,'�.•✓`.✓�.�..i`.i•,✓`.r`.r.i'✓`.r.r.,.^.�,:^. .i+./+..-,,r.✓•J•.r`v'..r•..i`..:•..�../`,»...^a^..^..•,✓i. .f' .r,/,..�'�--d''fri�'�'�-Y66.6 voi..r.r�✓+J�/�/`v./,:t+J Esparza, Patty From: Lugar, Robin Sent: Tuesday, April 12, 2011 3:51 PM To: Esparza, Patty Cc: Emery, Paul; Laudenback, Janeen; Flynn, Joan Subject: FW: insurance- Distance Derby Patty, Action on the Distance Derby agreement approved on 4-04 will reflect the following statement within the minutes: "as amended by Late Communication to issue the Specific Event Permit contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance." Robin Lugar, CIVIC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:47 PM To: Lugar, Robin Subject: RE: insurance - Distance Derby ok From: Lugar, Robin Sent: Tuesday, April 12, 2011 3:47 PM To: Emery, Paul Subject: RE: insurance - Distance Derby How about I use the word issue instead of approve? Robin Lugar, CIVIC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:45 PM To: Lugar, Robin Cc: Laudenback, Janeen; Esparza, Patty Subject: RE: insurance - Distance Derby It is my understanding that we received authorization to execute the agreement however the Specific Event permit is contingent upon receipt of insurance. 1 I believe your wording works. From: Lugar, Robin Sent:Tuesday, April 12, 2011 3,39 PM To: Emery, Paul Cc: Laudenback, Janeen; Esparza, Patty Subject: RE: insurance- Distance Derby Here are the minutes to be reviewed by Council on 4-18: A motion was made by Hansen, second Bohr to approve.and authorize the Mayor and City Clerk to execute "Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" as amended by Late Communication to approve agreement contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance. The motion carried.by the following roll call vote: AYES: Boardman, Dwyer, Bohr, Carchio, Hansen, Harper, and Shaw NOES: None Should it read: "as amended by Late Communication to approve the Specific Event Permit contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance."??? Robin Lugar, CIVIC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:28 PM To: Lugar, Robin Cc: Laudenback, Janeen Subject: FW: Insurance - Distance Derby Robin—we received the late communication language regarding the Insurance from the City Attorney's Office. Can we process the agreement per Council action, including if necessary amending the minutes to reflect the action of Council which was identified in the late communication? From: Laudenback, Janeen Sent:Tuesday, April 12, 2011 3,.25 PM To: Emery, Paul Cc: Esparza, Patty Subject: FW: insurance - Distance Derby Hello Paul—Please see the correspondence below. Unfortunately, it looks like the language highlighted below in YELLOW by the City Clerk does not reflect the recommended action that was approved. Here is the recommended Action that was approved: 2 Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing all necessary certificates of insurance with the City of Huntington Beach. a� Hi Janeen — Below is the verbiage directly from the Action Agenda approved by Department Heads, City Attorney, & City Manager the morning after the meeting: 4. Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach." Approved as amended by Late.Communication to approve;agreement contingent upon Pacific Shoreline Marathon, LLC faing a certificate of insurance. Approved 7-0 -_ Unless the Action Agenda is incorrect, it seems to me that the agreement should not be executed until insurance is received. It would be highly unusual to execute any contract without insurance or a waiver. When do you anticipate receipt of the insurance? From: Laudenback, Janeen Sent:,Tuesday, April 12, 2011 3:06 PM To: Esparza, Patty Cc: Reed, Karin Subject: RE: insurance- Distance Derby Hi Patty—the late communication (below) recommended that the contract be executed but that approval of the Specific Events Permit would be contingent upon filing approved insurance. This language was approved by Jennifer McGrath. The item was not pulled and was approved, so it is my understanding that the contract should be executed. Please let me know if there are any other questions. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing all necessary certificates of insurance with the City of Huntington Beach. m7,�erca�s 3 Janeen Laudenback Community Services Department[City of Huntington Beach Office:714.536.5496 jiaudenback@surfcity-hb.org From: Esparza, Patty Sent: Tuesday, April 12, 2011 9:08 AM To: Reed, Karin Subject: insurance- Distance Derby Anything happening re: the insurance from Pacific Shoreline Marathon, LLC? I am holding this in pending and not executing the contract until insurance is received. Thanks! Patty Esparza, C".111C Senior Deputy Ciiy Clerk Ciiy of Huntington Beach %14-�36-526� please think of trees before you print 4 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov r ® office of the City Clerk ® Joan L. Flynn, City Clerk April 15, 2011 Pacific Shoreline Marathon ATTN: Amy Tomchak 3300 Via Lido Newport Beach, CA 92663 Dear Ms. Tomchak: Enclosed is a duly executed copy of the Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to provide the Distance Derby in Huntington Beach. Sincerely, tan . Flynn, CMC City Clerk Enclosure: Agreement JF:pe G:fbIIowup:agrmtltr Sister Cities: Anjo,Japan ® Waitakere,New Zealand Jun 051311:59a State Farm Insurance 619-462-3527 P•3 ACC>RE0® oaretMnvODrrrrr) CERTIFICATE OF LIABILITY INSURANCE06/05/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS .'"'ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES `LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED -PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT: If the certificate hoider 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). CONTACT PRODUCER Ray Bello, Lic No. 0455530 xAms: Pam Chadwick 5464 Baltimore Dr,Ste C PH°m y 619-462=57 0�_ iac RoU:619-462-3527 E-MAIL StateFarm La Mesa, CA 91942 ADDReE§:Parnela,cnadwick.iDsu statefarm.com �[ INSJRE S)AFFORDING COVERAGE NAIC B INSURER A:State Farm Mutual Automobile_InsuL ce Company_ 1 8 INsuRED Kinane Events, Inc RVSURERB: -- —.. _-- — 800 Grand Ave Ste C-10 INSURER C: Carlsbad,CA 92008 INSURER D� __- INSURER E: _ INSURERF; 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. Iry - L SVBR'- ��—? POLIGY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER I MWDDNYYY) (MMIDOrfYYYI LIMITS GENERAL LIABILITY I LACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY I PREMISES 4Ea ocnxrerwe)____i.. CLAIMS-MADE J OCCUR MED EXP(Ary one oerscn) S PERSONAL.B ADV INJURY I S GEN3RALAGGRE-GATE (3 GENT AGGREGATE LMfIT APPLIES PER: PRODUCTS-COMPIOP AGG S POLICY F—iPRO- 1-7 LOU I S A AU TOMO BILE LIABILITY (-vl�i Ea NEDISN EUMI S-" 1,000,000 --^` ANYALTO 2548739-E22-55A 0 512 212 0 1 3 1 V2212013 e001LY INJURY iPer person ALL OWNED x SCHEDULED BODILY INJURY O'er wcAoN) H 236 6515-E23-55A M2312013 111123,12013 AUTOS AUTOS I-WYMEq RCPERTY OANiAGE '$ HIREDAUTDS X AUTOS Per a;Zgn1) ._ - $ - UMBRELL0.LIAR OCCUR I EACH OCCURRENCE__ I S EXCESS.LIAB - CLAIM$-rtApE i ( AGGREGATE. 5 _ 1 OED ' RETENTION L 15 WORKERS COMPENSATrON 4VC S7ATU- DTH- ANDEMPLOYERS'LIAHILITY TORN, T I i, ANY PROPMETCRIPARTNERIEXECUTIVE YIN E.L EACH ACCIDENT Is OFFIC&MEMBER EXCLUDED? (��J N/A .___.___-......... .....-- '',; (Mandatory In W) E.L.OISEASE-F EMPLOYE S if yes.desafbe unoer _.....�..... .....— QrSCRJPT'QN OF OPERATIONS btld E.L DISEASE-POLICY LIMIT 5 DESCRI PTION OF OPERATIONS I LOCATIONS I VEHICLES(Anac h ACORD 101,Additional Remar%S Schedule,If.more space ill required) I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach,Its officers,elected or THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN appointed officials,employees,agents&volunteers ACCORDANCE WITH THE POLICY PROVISIONS, 2t)00 Main Street 2000Hiln-tington Beach,CA 92648 AUTO�VEDRESENTATI�.. d 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORO name and logo are registered marks of ACORD 1001486 132649.8 01-23-2013 USA Track & Field, Inc. Effective 11/l/2012-11/l/2013 POLICY NUMBER: PHPK935580 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" pp y y caused, in whole or in part, by: property damage' occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ DATE: 7/30/2013 CERTIFICATE OF INSURANCE CERTIFICATE NUMBER: 20130619152407 CAI GENCY'�_— ESIX Entertainment&Sports Insurance eXperts THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY rvAND 5660 New Northside Drive,Suite 640 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES Atlanta,GA 30328 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES Phone:(678)324-3300 Fax:(678)324-3303 BELOW. NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track&Field,Inc. Kinane Events,Inc INSURER A: Philadelphia Indemnity Ins.Co. 132 East Washington Street,Suite 800 j Indianapolis IN 46204 EVENT INFORMATION: Surf City 10(10/26/2013-10/27/2013) POLICY/COVERAGE INFORMATION: 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 DF 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. `Il lNS{TYPEOFINSURANCE: POLICYNUMBER(S): EFFECTIVE: EXPIRES: ;LIMITS: —� P AA "GENERAL LIABILITY i IPHPK935580 11/1/2012 11/1/2013 � X COMMERCIAL GENERAL GENERAL AGGREGATE(Applies Per Event) $3,000,000 LIABILITY 12:01 AM 12:01 AM CCURR �....- - EACH OCCURRENCE $1,000,000 X Occurrence -- DAMAGE TO RENTED PREMISES(Each Occ.) $1,000,000 MEDICAL EXPENSE(Any one person) EXCLUDED PERSONAL&ADV INJURY $1,000,000 PRODUCTS-COMP/OP AGG $3,000,000 'DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear-down, participant check-in and award ceremonies. The certificate holder is additional insured but only for the liability arising out of the negligence of the named insured,per the following endorsement:Additional Insured -Certificate Holders(Form PI-AM-002). i i CERTIFICATE HOLDER: NOTICE OF CANCELLATION: Should an City of Huntington Beach,it's officers,elected or appointed officials,employees, y of the above described policies be cancelled before the expiration date thereof, agents and volunteers notice will be delivered in accordance with the policy provisions ' 2000 Main Street , AUTHORIZED REPRESENTATIVE: i Huntington Beach CA 92648 — —� POLICYHOLDER COPY SO P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE.: 09-01-2013 GROUP: POLICY NUMBER: 1151410-2013 CERTIFICATE ID: 18 CERTIFICATE EXPIRES: 09-01-2014 09-01-2013/09-01-2014 CITY OF HUNTINGTON BEACH SO ATTN: RISK MANAGER 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 ---This-is-to-certify that we-have issued a valid Workers' Compensation insurance policy--in-a-,form,approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KATHLEEN KINANE, PRES,TRES - EXCLUDED. ENDORSEMENT #1600 - ROSALEE KINANE, SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-1996 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER KINANE EVENTS INC SO 800 GRAND AVE STE C10 CARLSBAD CA 92008 M0409 (REV.1-2012) PRINTED 08-16-2013 USA Track & Field, Inc. Effective 11/l/2012-11/l/2013 POLICY NUMBER: PHPK935580 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS ® SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage' or "personal and advertising injury' "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 City of Huntington Beach ® 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov office of the City Clerk ` Joan L. Flynn, City Clerk March 21, 2014 Pacific Shoreline Marathon LLC Attn: Amy Tomchak 3300 Via Lido Newport Beach, CA 92663 Dear Ms. Tomchak: Enclosed for your records are two originals of the "Amendment No. 1 to Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach." Sincerely, s 9Jn L. Flynn, CMC City Clerk, JF:pe Enclosure Sister Cities: Anjo,Japan 4 Waitakere,New Zealand 0 ��neR CITY OF HUNTINGTON BEACH Interdepartmental Memo TO: Mayor and City Council FROM: Paul Emery, Deputy City Manager/Interim Community Services Director, via Fred Wilson, City Manager DATE: Monday, April 4, 2011 SUBJECT: Late Communication Regarding Item #4 - Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Recommended action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing all necessary certificates of insurance with the City of Huntington Beach C: Joan Flynn COMMUNICATION MediN I)ate /Z/ Agenda Item No. 7 -1- IN N-nO ALLY LEFT BLANK Council/Agency Meeting Held:_ LD/ Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied i C rk's S ature B ua oa) -8 Council Meeting Date: April 4, 2011 Department ID Number: CS-11-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Paul Emery, Deputy City Manager/Interim Community Services Director SUBJECT: Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Statement of Issue: The Community Services Department would like to expand the annual Distance Derby into a premier Southern California running event by partnering with the same management company that promotes and produces the Surf City USA Marathon, Pacific Shoreline Marathon, LLC. Financial Impact: N/A Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to produce the annual Distance Derby. Alternative Action(s): Do not approve the agreement and direct staff accordingly. HB -31- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/4/2011 DEPARTMENT ID NUMBER: CS-11-007 Analysis: The City of Huntington Beach Community Services Department has presented the Annual Distance Derby for fifty-six consecutive years, beginning in 1955. The event has included a 10 mile run, a 5 mile run, a 5 mile walk, and children's "fun run." In recent years, the event has attracted an average of between 700 and 1000 runners. Over the past five decades, the Community Services Department has worked with a variety of promotional companies, as well as with "in house" staff, to produce the Annual Distance Derby. In both cases, it was determined that the event on the Beach Service Road would be limited to the 1000 participants to ensure the quality and safety of the event. The City believes that there is a market for a premier 10-mile event on the west coast, and the City is interested in working with Pacific Shoreline Marathon, LLC., owner of the Surf City Marathon, for the production and operation of the Annual Distance Derby event. The longevity of the Annual Distance Derby event, together with the excellent management of the Surf City Marathon is a partnership that will successfully draw a larger participation base, making the event a destination for the local running community and attracting visitors to the area as well. A change in venue from the Beach Service Road to Pacific Coast Highway is required to grow the Annual Distance Derby to a premier running event. The wide and open highway will provide a race course venue that can accommodate a minimum of 3,600 runners in 2011. Additionally, the partnership with Pacific Shoreline Marathon, LLC., will successfully promote the Annual Distance Derby to the running community, transforming it into a premier "off season" Southern California event, and attracting an anticipated 8,500 runners by the year 2013. Staff is currently working with Cal Trans for the permits required to proceed with the closure of PCH. An agreement with Pacific Shoreline Marathon, LLC., will allow them to invest for future years and solicit sponsors who need assurance that the event would continue to be operated in Huntington Beach for the foreseeable future. The proposed agreement (Attachment 1) is intended to provide that assurance. The agreement is for three-years, 2011 through 2013, and provides for an extension upon mutual agreement for an additional three years (2014-2016). The agreement provides some exclusivity, dictating that the Annual Distance Derby be the only running or walking event to be conducted on Pacific Coast Highway through the City of Huntington Beach for three (3) months prior and two (2) months following the event. The event is scheduled for the first weekend in November each year. As with all specific events, the promoter pays for all direct city costs. Conditions for the overall event will be reviewed through the Specific Events Committee. While there is some impact on city residents, extensive notification is done to minimize inconvenience. The overall footprint and time allotment needed for the Distance Derby event are both less than the Surf City Marathon and all streets will be reopened as soon as public safety permits. A "revitalized" and more successful Distance Derby will bring an attractive demographic to Huntington Beach. The event will increase downtown foot traffic for shops and restaurants Item 4. - 2 H -32- REQUEST FOR COUNCIL ACTION MEETING DATE: 4/4/2011 DEPARTMENT ID NUMBER: CS-11-007 during the off-season. As the event grows, we anticipate expanded opportunity for related weekend activities and additional hotel stays. Through a new event marketing plan, the Annual Distance Derby will provide an opportunity for Huntington Beach to gain national attention, and will demonstrate we are more than a "surf" town. The event also has the potential to raise funds for local charities and plans to raise awareness and generate support for Project Self Sufficiency. There is the potential for local charities that provide volunteer support for the event to receive donations. Additional fundraising opportunities will also be provided for local charities that support families in need. Environmental Status: N/A Strategic Plan Goal: Enhance Economic Development Attachment(s): m ® - o fl 1. "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. To Provide the Distance Derby in Huntington Beach" HB -33- Item 4. - 3 ATTACHMENT # 1 Item 4 . 4 „P , , AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC SHORELINE MARATHON, LLC. TO PROVIDE THE DISTANCE DERBY IN HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Pacific Shoreline Marathon, a limited liability company, hereinafter referred to as "PSM." WHEREAS, CITY wishes to be the host site for the Annual Distance Derby in Huntington Beach(hereinafter referred to as the "EVENT"); and The Annual EVENT has been conducted in Huntington Beach since 1955, and is Orange County's oldest foot race; and PSM has agreed to conduct the EVENT in Huntington Beach; and CITY has received financial and other benefits from the EVENT and desires to continue to conduct the EVENT for the years 2011, 2012, and 2013; and PSM desires to continue conducting the EVENT each fall for the years 2011, 2012, and 2013; and The parties desire to set forth the general terms and conditions which will be applicable to the EVENT, NOW, THEREFORE, CITY and PSM do hereby agree as follows: 1. AUTHORITY PSM shall conduct the EVENT in the fall of each year (or on a date mutually agreed to by the parties) for the years 2011, 2012, and 2013 using Huntington Beach as the site under the general terms and conditions contained in this Agreement. This Agreement is subject to Huntington Beach Municipal Code, Chapter 13.54 Specific Events, which requires among other things, for PSM to apply for and process an annual permit for the EVENT. 2. PERMIT FEES AND DIRECT COSTS a) All costs and conditions that apply to each year's EVENT will be determined at the time of review through the Specific Events Committee. These may include, but are not limited to, specific event permit fees, police costs, fire department permits and costs, public works costs for road closure and traffic control plans, business license, parking and parking lot use and beach maintenance costs. PSM is responsible for paying all associated CITY costs and fees 30 days in advance of the EVENT. 11-2839/61871 1 b) PSM will donate to Project Self-Sufficiency a $2 registration donation for every paid registration above a base of 2,000 paid registrants, or a minimum donation of $10,000 per event year, whichever is greater. PSM will allocate specific sponsor benefits directly to PSS, and will assist PSS in the development of a program to recruit runners as fundraisers. c) The CITY will make every effort to notify PSM within three (3) months of the event of any construction, road maintenance, or any activity planned on or adjacent to the race course that may inhibit or otherwise disrupt the use of the course during the EVENT. 3. TERM; EXTENSION This Agreement shall apply to the EVENT for the years 2011, 2012, 2013 and shall remain in effect until December 30, 2013. This Agreement may be extended, upon mutual agreement of the parties, for an additional three year period, to include the years 2014, 2015 and 2016. This Agreement may be terminated by either party with eleven (11) months prior written notice to the other party, or within eleven (11) months of the next EVENT date if both parties mutually agree on conditions of termination. However, CITY may also terminate this Agreement upon thirty (30) days prior written notice to PSM if- a) PSM fails to comply with the conditions of approval for the EVENT, or b) PSM fails to pay assigned fees in advance of the event, as set forth each year by the Specific Events Committee and approved by the Community Services Director, or c) after review by the Specific Events Committee and subsequent evaluation by the City Council, PSM'S performance is determined to be below the standards consistent with the management of a first class professional sporting event. Factors to be considered in any such determination may include, but are not limited to: compliance with the conditions of approval for the EVENT as set forth by the Specific Events Committee; timely payment of fees; compliance with all health and safety requirements; and successful response to community access issues. 4. EXCLUSIVITY For the term of this Agreement, and except for the Pacific Shoreline Marathon, the EVENT shall be the sole, exclusive, and only recognized 10 mile/5 mile Run/Walk to be conducted on public property in the CITY during the period three (3) months prior and three (3) months following the EVENT. 11-2839/61871 2 5. PROPRIETARY INTEREST IN EVENT NAME In the event this Agreement is terminated for any reason and at the conclusion of the term of this Agreement, the name "Annual Distance Derby" shall be the sole property of PSM. 6. HOLD HARMLESS PSM shall protect, defend, indemnify and save and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with PSM's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by PSM, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. PSM will conduct all defense at its sole cost and expense and CITY shall approve selection of PSM's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by PSM. 7. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, PSM acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; PSM covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless PSM files with CITY an approved, signed Declaration of Non- Employer Status, PSM shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. PSM shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. PSM shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and PSM shall similarly require all subcontractors to waive subrogation. 8. INSURANCE In addition to the workers' compensation and employer's liability insurance and PSM's covenant to defend, hold harmless and indemnify CITY, PSM shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. This policy shall indemnify PSM, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising 11-2839/61871 3 out or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this EVENT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the EVENT shall be deemed excess coverage and that PSM's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, PSM shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: a) provide the name and policy number of each carrier and policy; b) state that the policy is currently in force; and c) promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. PSM shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the PSM's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. PSM shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. PSM shall provide a separate copy of the additional insured endorsement to each of PSM's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 10. CITY EMPLOYEES AND OFFICIALS PSM shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 11-2839/61871 4 11. ASSIGNING AS BREACH PSM shall not encumber, assign or otherwise transfer this Agreement, or any right or interest in this Agreement, without the prior express written consent of CITY. A consent by CITY to one assignment or transfer to another person or entity shall not be deemed to be a consent to any subsequent assignment or transfer to another person or entity. Any encumbrance, assignment or transfer, without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY,terminate this Agreement. 12. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to PSM or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO PSM: City of Huntington Beach Pacific Shoreline Marathon ATTN: Director of Community Services ATTN: Amy Tomchak 2000 Main Street 3300 Via Lido Huntington Beach, CA 92648 Newport Beach, CA 92663 13. LEGAL SERVICES SUBCONTRACTING PROHIBITED PSM and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. PSM understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by PSM. 14. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 11-2839/61871 5 15. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, if any, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on )L_ OZ/ 2011 PACIFIC SHORELINE MARATHON, a CITY OF HUNTINGTON BEACH, a limited liability company municipal corporation of the State of California By. ��, A,,,, A print name ayor ITS: (circle one)Chairma residen ice President AND By: i ILA ty Clerk a14i e - OF print name INITIAT D PROVED: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Comm y.4ity Services REVIE D APPROVED: APPROVED AS TO FORM: C' y Manager City Attorney 11-2839/61871 6 74 CITY OF HUNTINGTON BEACH � 2000 plain Street, Huntington Beach, CA 92648 Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: i I City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 l certify that in the performance of the activity or work for which this permit is I issued, l shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. i I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Dame: Pa c :S A iV a rGt 4k� VN � 3 Address: 3 SC o q t�, Li'Jc) f5euc k _Z 6� s Applicant 8,�n4 .-To CbCL i Applicant's Signature: , - Title: Pre a,`d e vt + Gate Signed, 3 -2 J- Z 1 I Telephone Number: 5 } Esparza, Patty From: Lugar, Robin Sent: Tuesday, April 12, 2011 3:51 PM To: Esparza, Patty Cc: Emery, Paul; Laudenback, Janeen; Flynn, Joan Subject: FW: insurance- Distance Derby Patty, Action on the Distance Derby agreement approved on 4-04 will reflect the following statement within the minutes: "as amended by Late Communication to issue the Specific Event Permit contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance." Robin Lugar, CMC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:47 PM To: Lugar, Robin Subject: RE: insurance - Distance Derby ok From: Lugar, Robin Sent: Tuesday, April 12, 2011 3:47 PM To: Emery, Paul Subject: RE: insurance - Distance Derby How about I use the word issue instead of approve? Robin Lugar, CIVIC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:45 PM To: Lugar, Robin Cc: Laudenback, Janeen; Esparza, Patty Subject: RE: insurance - Distance Derby It is my understanding that we received authorization to execute the agreement however the Specific Event permit is contingent upon receipt of insurance. 1 I believe your wording works. From: Lugar, Robin Sent: Tuesday, April 12, 2011 3:39 PM To: Emery, Paul Cc: Laudenback, Janeen; Esparza, Patty Subject: RE: insurance - Distance Derby Here are the minutes to be reviewed by Council on 4-18: A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City Clerk to execute "Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" as amended by Late Communication to approve agreement contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance. The motion carried by the following roll call vote: AYES: Boardman, Dwyer, Bohr, Carchio, Hansen, Harper, and Shaw NOES: None Should it read: "as amended by Late Communication to approve the Specific Event Permit contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance."??? Robin Lugar, CIVIC Assistant City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (714) 536-5405 From: Emery, Paul Sent: Tuesday, April 12, 2011 3:28 PM To: Lugar, Robin Cc: Laudenback, Janeen Subject: FW: insurance - Distance Derby Robin—we received the late communication language regarding the Insurance from the City Attorney's Office. Can we process the agreement per Council action, including if necessary amending the minutes to reflect the action of Council which was identified in the late communication? From: Laudenback, Janeen Sent: Tuesday, April 12, 2011 3:25 PM To: Emery, Paul Cc: Esparza, Patty Subject: FW: insurance - Distance Derby Hello Paul—Please see the correspondence below. Unfortunately, it looks like the language highlighted below in YELLOW by the City Clerk does not reflect the recommended action that was approved. Here is the recommended Action that was approved: 2 Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing all necessary certificates of insurance with the City of Huntington Beach. Hi Janeen — Below is the verbiage directly from the Action Agenda approved by Department Heads, City Attorney, & City Manager the morning after the meeting: 4. Approve and authorize execution of an Agreement with Pacific Shoreline Marathon, LLC to produce the annual Distance Derby Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach." Approved as amended by Late.Communication to approve.agreement contingent upon Pacific Shoreline Marathon, LLC filing a certificate of insurance. Approved 7-0 Unless the Action Agenda is incorrect, it seems to me that the agreement should not be executed until insurance is received. It would be highly unusual to execute any contract without insurance or a waiver. When do you anticipate receipt of the insurance? From: Laudenback, Janeen Sent:,Tuesday, April 12, 2011 3:06 PM To: Esparza, Patty Cc: Reed, Karin Subject: RE: insurance- Distance Derby Hi Patty—the late communication (below) recommended that the contract be executed but that approval of the Specific Events Permit would be contingent upon filing approved insurance. This language was approved by Jennifer McGrath. The item was not pulled and was approved, so it is my understanding that the contract should be executed. Please let me know if there are any other questions. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and Pacific Shoreline Marathon, LLC to Provide the Distance Derby in Huntington Beach" with approval of the Specific Events Permit contingent upon filing all necessary certificates of insurance with the City of Huntington Beach. 3 Janeen Laudenback Community Services Department(City of Huntington Beach Office:714.536.5496 jiaudenback�7a surf city-hb.org From: Esparza, Patty Sent: Tuesday, April 12, 2011 9:08 AM To: Reed, Karin Subject: insurance - Distance Derby Anything happening re: the insurance from Pacific Shoreline Marathon, LLC? I am holding this in pending and not executing the contract until insurance is received. Thanks! fatty Esparza, CHIC Senior Deputy City Clerk City ol-Huntington Beach 714-536-5260 o4please think of trees before you print 4 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 9.2648 (714) 536-5227 ® www.huntingtonbeachca.gov • Office of the City Clem Joan L. Flynn, City Clerk April 15, 2011 Pacific Shoreline Marathon ATTN: Amy Tomchak 3300 Via Lido Newport Beach, CA 92663 Dear Ms. Tomchak: Enclosed is a duly executed copy of the Agreement between the City of Huntington Beach and Pacific Shoreline Marathon, LLC. to provide the Distance Derby in Huntington Beach. Sincerely, ?an L. Flynn, CMC City Clerk Enclosure: Agreement JF:pe G:followup:agrmtltr Sister Cities: Anjo,Japan ® Waitakere,New Zealand