HomeMy WebLinkAboutContract 1836 e—OU7
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
EVENTS A LA CARTE!
This Agreement for Services ("Agreement") is entered into as of September 12,
2019 ("Effective Date") by and between the City of Cathedral City, a municipal
corporation ("City") and Events a la Carte!, a sole proprietorship, ("Service Provider").
City and Service Provider are sometimes hereinafter individually referred to as "Party"
and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by direct negotiation the performance of the services
defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance
of the services defined and described particularly in Section 2 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Cathedral City's Municipal Code, City has authority
to enter into this Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for 6 months commencing on the Effective
Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, Service Provider
agrees to pay City the amounts specified in Exhibit "B" "Compensation" and made a part
of this Agreement by this reference.
(b) Except as to any charges for work performed or expenses incurred by City
which are disputed by Service Provider, Service Provider will use its best efforts to
cause City to be paid within three (3) days following each festival or event occurrence.
(c) Payment to City for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Service Provider.
SECTION 4. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
SECTION 5. CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against City, whether by contract or otherwise, unless such authority
is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City.
(b) Any personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City, nor any elected or appointed boards, officers, officials, employees
or agents of City, shall have control over the conduct of Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider
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or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
SECTION 6. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 7. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, in the employment of persons
to perform the Services in violation of any federal or state law prohibiting discrimination
in employment, including based on the race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
of any person, except as provided under California Government Code section 12940.
SECTION 8. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its
firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Service Provider's
performance of the Services. Service Provider further covenants that in the
performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent
of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of City in the performance
of this Agreement.
(b) City may determine that Service Provider must disclose its financial
interests by completing and filing a Fair Political Practices Commission Form 700,
Statement of Economic Interests. If such a determination is made, Service Provider
shall file the subject Form 700 with the City Clerk's Office pursuant to the written
instructions provided by the Office of the City Clerk within ten (10) days of the request.
(c) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non-
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related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(d) City understands and acknowledges that Service Provider will perform
non-related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 9. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorney's fees, caused by or
incurred as a result of Service Provider's conduct.
SECTION 10. INDEMNIFICATION.
(a) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service
Provider, or by any individual or entity for which Service Provider is legally liable,
including but not limited to officers, agents, employees or subcontractors of Service
Provider.
(b) Indemnification from Sub-Service Providers. Service Provider agrees to
obtain executed indemnity agreements with provisions identical to those set forth in this
section from each and every sub-Service Provider or any other person or entity involved
by, for, with or on behalf of Service Provider in the performance of this Agreement
naming the Indemnified Parties as additional indemnitees. In the event Service
Provider fails to obtain such indemnity obligations from others as required herein,
Service Provider agrees to be fully responsible according to the terms of this section.
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Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth herein is binding on the successors,
assigns or heirs of Service Provider and shall survive the termination of this Agreement
or this section.
(c) City's Negligence. The provisions of this section do not apply to claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 11. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 12. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and subcontractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 13. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 3
"Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 3 "Compensation and
Method of Payment" of this Agreement.
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SECTION 14. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Service Provider is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment
on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some
or all of the outstanding invoices during the period of default. If Service Provider does
not cure the default, the City may take necessary steps to terminate this Agreement
under Section 13 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 15. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 16. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: Events a la Carte!
Attn: Rosanne McCamey
74-247 Santa Rosa Circle
Palm Desert, CA 92260
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 17. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
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represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations hereunder.
SECTION 18. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 20 "Amendment" and the City
Manager's contracting authority under the Cathedral City Municipal Code.
SECTION 19. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 20. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Service Provider and by the City. The City Manager shall
have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Cathedral City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 21. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 22. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Riverside, California. In the event
of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of
California, in Riverside.
SECTION 23. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
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provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 24. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 25. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 26. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY OF CATHEDRAL CITY EVENTS A LA CARTE!
tit
Charles P. McClendon By: /eod„o-,,;,,,)E•
City Manager Its:
ATTEST:
'
Tracey R. Martinez, CMC
City Clerk
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APPROVED AS T• FOR
Eric S. Vail
City Attorney
NOTE: SERVICE PROVIDER'S SIGNATURE SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
COUNTY OF RIVERSIDE
On'- Ct-t'-171--62-1/ , 2019, before me - U ' '
Date lame no i e • •'icer e.g. ane •oe, o ary 'us is
personally appeared I 0564 MOCA1
ame f Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
,zQA j `f Signature of No Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTR ED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
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EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following:
A. Secure merchants and maintain 10' x 10' spaces for each occurrence
listed below:
1. Snow Fest (Saturday, December 14, 2019) — up to 35 booths.
2. Provide additional 1- 2 booth spaces for City and/or Non-Profit use at
Snow Fest.
B. Manage & operate the outdoor market, ensuring that merchants are
licensed, possess a resale tax ID, have paid City fees, are properly
permitted through the County, State, and Federal agencies, have
structurally sound and aesthetically pleasing canopies, which are properly
weighted down to prevent injuries prior to selling items.
C. Ensure vendors are properly licensed with the City of Cathedral City.
Collect and pay all temporary vendor business license fees and rental fees
on-time.
D. Ensure no vendor sell or possess any firearm or weapons of any nature
(or objects that appear to be weapons), including, but not limited to,
knives.
E. Ensure no vendor sell or possess glass bottles.
F. Ensure vendors do not prominently display adult oriented merchandise,
including but not limited to, merchandise sold at sexually oriented
businesses as classified in section 5.18.015 of the Cathedral City
Municipal Code. The City's Communications/Event Manager shall have
the authority to determine what constitutes adult oriented merchandise.
G. Ensure maintenance and security of the event as follows: Place, maintain,
and remove temporary trash receptacles utilized in the operation of the
outdoor market. Properly maintain, secure, and return upon request of any
electronic access keys to City Hall. Maintain safe walking paths for
patrons free of exposed wires.
G. Service Provider shall NOT contract with any vendor that prepares food or
beverages for sale without getting prior approval by the City's
Communications / Events Manager or contracted event organizer.
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A-1
H. Service Provider shall provide City with a report indicating the names of
participants and total amount charged for use of City property through
Service Provider.
II. Cathedral City will perform the following:
A. Provide ample space in the downtown area to serve up to the maximum
amount of 10' x 10' booths for the following occurrences:
1. Snow Fest (Saturday, December 14, 2019)— up to 35 booths.
B. Provide road closure signage and cones for safety.
C. Provide ample trash receptacles, dumpsters, and waste removal.
D. Provide access to public restroom facilities for patrons and employees.
E. Assist with the securing of special health and ABC permits if applicable.
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A-2
EXHIBIT "B"
COMPENSATION
I. Service Provider shall pay City ten (10) percent of total rents collected for
occupancy at City festivals and/or events.
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B-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Service Provider shall procure and maintain the
following scope and limits of insurance:
Only the following "marked" requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence
basis to protect Service Provider and City against liability or claims of liability which may
arise out of this Agreement in the amount of one million dollars ($1,000,000) per
occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001). There shall be no
endorsement or modification of the CGL limiting the scope of coverage for either
insured vs. additional insured claims or contractual liability. All defense costs shall be
outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less
than $1,000,000 for injuries, including accidental death, to any one person, and subject
to the same minimum for each person, in an amount not less than one million dollars
($1,000,000) for each accident, and property damage insurance in an amount of not
less than one million dollars ($1,000,000). A combined single limit policy with aggregate
limits in an amount of not less than $2,000,000 shall be considered equivalent to the
said required minimum limits. Coverage shall be at least as broad as Insurance
Services Office form number CA 0001 covering Automobile Liability, including code 1
"any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the
City.
Workers' Compensation Insurance: Workers' Compensation insurance that
includes a minimum of one million dollars ($1,000,000) of employers' liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of
subrogation against the City and its respective elected officials, officers, employees,
agents and representatives. In the event a claim under the provisions of the California
Workers' Compensation Act is filed against City by a bona fide employee of Service
Provider participating under this Agreement, Service Provider is to defend and
indemnify the City from such claim.
Professional Liability Insurance: Professional liability insurance appropriate
to the Service Provider's profession in an amount not less than one million dollars
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C-1
$1,000,000 per occurrence. This coverage may be written on a "claims made" basis,
and must include coverage for contractual liability. The professional liability insurance
required by this Agreement must be endorsed to be applicable to claims based upon,
arising out of or related to Services performed under this Agreement. The insurance
must be maintained for at least three (3) consecutive years following the completion of
Service Provider's services or the termination of this Agreement. During this additional
three (3) year period, Service Provider shall annually and upon request of the City
submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the
insurer or either Party to this Agreement, reduced in coverage or in limits except after
30 days' prior written notice by certified mail, return receipt requested, has been given to
City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by
City, and its respective elected and appointed officers, officials, employees or
volunteers, shall apply in excess of, and not contribute with, Service Provider's
insurance.
c. Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
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C-2
d. Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
e. The insurer waives all rights of subrogation against the City,
its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers, or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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C-3
. # t Interinsurance Exchange of the Automobile Club
\l.'...Nco.09 Automobile Insurance Policy Change Confirmation
09/17/2019
Named Insured and Mailing Address: Your Agent is:
MCCAMEY, ROSANNE
Ericka Kinsey
74247 XXXXXXXXXXXXXX 3330 side Way Ocea892056
04 Palm Desert, CA 92260 ,
Policy Number: CAA061812502 (760)804 5564422
Policy Term Dates: 01/10/2019-01/10/2020
IMPORTANT NOTICE: This will confirm the policy change(s)you recently made effective 09/18/2019. You will be receiving a Policy Change Declaration in
the mail shortly.
DRIVER INFORMATION: Driving Safety Record
Drivers'Names(Last,First) Date of Birth Gender Rated Veh Year First GDD Chargeable Citations Chargeable Accidents
Licensed
Mc Camey,Rosanne XX-XX-1945 F 01 1967 Y 0 0
Lemmermann,Chase Excluded M 0 0
Mc Camey,Lisa Excluded F 0 0
VEHICLE INFORMATION:
No. Year Vehicle Garage Annual Verified Deductibles Special Car Rent. Primary
Make/Model Zip Code Garaged Miles Mileage Salvage Comp. Collision Equip. Expense Driver
1 2005 LEXS/ES 330 No 7,840 Yes No $1,000 $1,000 $35 01
VEHICLE PREMIUM INFORMATION:
Coverages Limits($) Vehicle 1
Bodily Injury 1,000,000/1,000,000 $341
Property Damage 100,000 $309
Medical Payments Not Wanted
Uninsured/Underinsured Motorist Bodily Injury 100,000/300,000 $65
Comprehensive (See Deductibles) $54
Collision (See Deductibles) $297
Car Rental Expense (See Above) $45
Uninsured Collision
Uninsured Deductible Waiver Yes Included
12-MONTH VEHICLE PREMIUM: $1,111
LIMIT OF LIABILITY(IF APPLICABLE)
No. Year Vehicle Make/Model Limit of Liability
POLICY DISCOUNTS: Please review these carefully as you are warranting that you are entitled to the following discounts.
Good Good Student Multi- Multi- Mature Driving Grp-Deg. Verified
Driver Student Away Vehicle Policy Driver Course Loyalty Professional Mileage
Yes No No No Yes No No Yes No Yes
CURRENT 12-MONTH POLICY PREMIUM TOTAL: $990 NEW 12-MONTH POLICY PREMIUM TOTAL after Policy Changes: $1,111
SUBJECT(S)OF POLICY CHANGE: THIS IS NOT A BILL
Auto-Add/Change Liability This policy change will increase your premium
Auto-Correction by$38 for the remainder of the term.
LCAA0203A Insurance provided to qualified Auto Club members by the Interinsurance Exchange of the Automobile Club. 8010(1/19)
E20160803 CA Dept.of Insurance Lic.#0003259
091719 Page 1 of 1
? % INTERINSURANCE EXCHANGE of the Automobile Club
c* SELECTION OF UNINSURED/UNDERINSURED MOTORIST COVERAGE ENDORSEMENT
(BODILY INJURY)
Effective 09/18/2019 12:01 A.M. Pacific Standard Time
Forming a part of Policy No. CAA 061812502 issued by the INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB.
You have the option of purchasing uninsured and underinsured motorist coverage limits equal to your bodily injury liability
coverage limits. You also have the option of selecting lower limits. The limits available for selection are listed below.
$15,000/$30,000 $50,000/$100,000 $250,000/$500,000
$20,000/$40,000 $100,000/$200,000 $500,000/$500,000
$25,000/$50,000 $100,000/$300,000 $500,000/$1,000,000
$30,000/$60,000 $300,000/$300,000 $1,000,000/$1,000,000
You and we have agreed that your policy shall provide uninsured and underinsured motorist coverage-bodily injury
(Coverage F) with coverage limits lower than your bodily injury liability coverage limits. The limits you have selected from
those listed above are shown on the declarations page. This agreement will be in force as long as your policy remains in
force and shall apply to any continuation, renewal or replacement of your policy by you or to reinstatement of your policy
within 30 days of any lapse thereof.
California law requires the agreement to be in the following form:
"The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability
insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. Those
provisions also permit the insurer and the applicant to agree to provide the coverage in an amount less than that required
by subdivision (m) of Section 11580.2 of the Insurance Code* but not less than the financial responsibility
requirements**. Uninsured motorists coverage insures the insured, his or her heirs, or legal representatives for all sums
within the limits established by law, that the person or persons are legally entitled to recover as damages for bodily injury,
including any resulting sickness, disease, or death, to the insured from the owner or operator of an uninsured motor
vehicle not owned or operated by the insured or a resident of the same household. An uninsured motor vehicle includes
an underinsured motor vehicle as defined in subdivision(p)of Section 11580.2 of the Insurance Code***."
*Subdivision (m) of Section 11580.2 of the Insurance Code provides that uninsured motorist coverage must be offered
with limits equal to the limits of liability for bodily injury in the underlying policy of insurance, but shall not be required to
be offered with limits in excess of the following amounts:
(1) A limit of thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident.
(2) Subject to the limit for one person set forth in paragraph (1), a limit of sixty thousand dollars ($60,000) because of
bodily injury to or death of two or more persons in any one accident.
Subdivision (n) of Section 11580.2 of the Insurance Code provides that underinsured motorist coverage must be offered
with limits equal to the limits of liability for the insured's uninsured motorist limits in the underlying policy. Uninsured and
underinsured motorist coverage must be offered as a single coverage.
**The financial responsibility requirements in case of an accident that has resulted in bodily injury or death are defined in
section 16056(a) of the Vehicle Code as a limit, exclusive of interest and costs, of:
(1) Not less than fifteen thousand dollars ($15,000) because of bodily injury to or death of one person in any one
accident.
(2) Subject to the above limit for one person, a limit of not less than thirty thousand dollars ($30,000) because of bodily
injury to or death of two or more persons in any one accident.
***Subdivision (p) of Section 11580.2 of the Insurance Code defines an underinsured motor vehicle as one that is
insured under a motor vehicle liability policy, or automobile liability insurance policy, self-insured, or for which a cash
deposit or bond has been posted to satisfy a financial responsibility law, but insured for an amount that is less than the
uninsured motorist limits carried on the motor vehicle of the injured person.
All provisions of your policy not affected by this endorsement remain unchanged.
By accepting this endorsement you declare that you have read the endorsement and understand it, that it represents a
voluntary agreement between you and us and that you agree to be bound by the limitations it imposes.
Accepted
Signature of Insured Date Hour
ACSC Management Sevices, Inc.
LCAA0307A ATTORNEY-IN-FACT
E20140814
091719 2298
Ed.8-09