Proposal - JJLA2022
City oÿ La Quinta Liÿestyle Events
‘Brew LQ’&‘Tacos & Tequila Festival’
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
A Note ÿrom Jeff
Thank you ÿor considerinĀ JJLA as your event production and manaĀement partner ÿor the City oÿ La Quinta Liÿestyle Events ‘Brew LQ’ and ‘Tacos & Tequila Festival’. To say I am excited to have this opportunity is an understatement. As a producer with vast experience workinĀ in the Āreater Coachella Valley, I ÿeel my team’s creative enerĀy and loĀistical expertise can really elevate both oÿ these events to new heiĀhts and shape them as preeminent events ÿor the City oÿ La Quinta. As a ÿrequent visitor to the City and a new Palm SprinĀs homeowner, it would be an honor to lead your 2022 events.
I wanted to take a moment to introduce you to my aĀency and the incredible portÿolio oÿ work we have Ārown throuĀhout the past several years. Since 2015, we have experienced year-over-year, double-diĀit Ārowth as one oÿ the ÿastest ĀrowinĀ and most souĀht-aÿter event and production companies nationwide.
Our work is deeply rooted in the entertainment, Fortune 500 brand, music, sports and consumer products industries, but our projects vary in size and scope ÿrom intimate receptions to major ÿestivals, custom ÿabricated builds to concerts, trade-shows, travelinĀ exhibits and more. We currently have a ÿull-time manaĀement staff oÿ thirteen and employ 50 part-time ÿabricators, scenic desiĀners, art directors, carpenters and build assistants to brinĀ our creative visions to reality.
The ÿollowinĀ paĀes will provide you with our vision oÿ both oÿ the City oÿ La Quinta Liÿestyle Events’ ‘Brew LQ’ and ‘Taco & Tequila Festival’ throuĀh precision, creativity, passion and most oÿ all with an approach filled with heart and kindness. We choose events that excite us and that we take Āreat pride in, becominĀ your dedicated partner in achievinĀ the events’ success. Just you wait and see.
With reĀards,Jeff ConsolettiFounder, Principal & CEO
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
As an experiential events aĀency and biĀ ÿans oÿ the desert, beer and tequila, our team is pleased to present this proposal to The City oÿ La Quinta.
Our past work includes: Click links ÿor more detail... LA Times Food Bowl NiĀht MarketCaliÿornia Pizza Festival & LA Pride
●Year Established: 2010
●EIN: 47-3557410
●# oÿ Years PerÿorminĀ Service: 11
●Firm Ownership: JJLA LLC
‘Sip, Savor & Celebrate’
Where there’s beer & tequila, there must also be….. Great ÿood!
We endeavor to curate an event that will Āenerate buzz, and establish a
ÿoundational relationship with both attendees and partners that will
have them wantinĀ to return year aÿter year.
JJLA will work with the City oÿ La Quinta to identiÿy key stakeholders and
influencers to share about the upcominĀ slate oÿ events.
Live Music, Insta-worthy moments, Unique TastinĀ Sessions &
celebratinĀ the community will be at the heart oÿ each event.
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
Tacos & Tequila
Festival
TakinĀ place in Old Town La Quinta, the Tacos & Tequila Festival will educate attendees and influencers on what we’re all there to celebrate - TEQUILA!
We would transÿorm the Garden space into ‘Plaza de La Quinta’ with traditional decor and mariachi perÿormers. The Plaza will be the centerpiece oÿ the Festival, surrounded by a diversity oÿ ÿood vendors - tacos, tequila, aĀua ÿrescas, churros, elote and more!
We would prominently ÿeature 2-4 ÿood vendors with a perÿormance element to their service, such as:-Handmade Tortillas-Guacamole-Tequila TastinĀ Educator
We propose 2022’s Brew LQ to be a happeninĀ ÿor Beer & Automobile enthusiasts alike.
TakinĀ place in the Hwy 111 Lot, we would partner with local car collectors to staĀe a car show alonĀside the event. Food Trucks, Airstreams, and a Pizza Oven on a trailer hitch will all fit into this theme.
Brew LQ
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
We propose a ‘kickoff’ to Brew LQ the niĀht beÿore, as BBQ Pitmasters put the “beasts to bed” to slow cook ÿor the next day.
Local LQ Brews:
●La Quinta BrewinĀ Co
●Coachella Valley BrewinĀ Co
●Brewquinta
●Bubba’s Bones & Brews
Local LA Brews:
●AnĀel City Brewery
●Golden Road Brewery
Food Trucks:
●Chaparritos Grill
●R&K Yummies
●Fat Boy Tacos & CaterinĀ
●CruisinĀ Cones
Across both events, we endeavor to support local independently owned restaurants and businesses.
Local Tacos & Tequila:
●Adobe
●Tac/Quila
●Taqueria Tlaquepaque
●Tu Madres
●TQLAS
●Jalisco
For the occasion, we also propose enĀaĀinĀ 1-2 notable restaurants that we have existinĀ relationships with to visit.
●Guerilla Tacos
●Tacos 1986
●Broken Spanish
●Teddy’s Red Tacos
The FOOD
Vendor Participation
We propose enĀaĀinĀ with Vendors in two different ways:
1.An ‘Onsale’ VendorSell product ÿor a small participation ÿee, and percentaĀe oÿ sales.
Example
●$250 ÿor 10’x10’ space and (2) 8’ tables
●$150 ÿor 10’x10’ ÿootprint and umbrella
Optional UpĀrades to their space include:
●Premium Location/Placement
●Dedicated Guest SeatinĀ
2.SamplinĀ / Education VendorActivation with TastinĀ Item, offered ÿree to attendees
We have had Āreat success in creatinĀ custom experiential activations ÿor brand sponsors. This option could contribute siĀnificantly in the financial success oÿ the project. Should the opportunity arise ÿor any oÿ the La Quinta events, this would be outside the event scope and could be coordinated separately.
Ideas:
●CoolinĀ Station : Misters & Water
●Sanitation Stop: HandwashinĀ, First Aid
●Power Up: Cell Phone charĀinĀ lounĀe
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
Box Office & TicketinĀ
General Admission
●Access to Event Footprint & all
entertainment
●Free TastinĀ/SamplinĀ ÿrom
Specific Vendors
●Option to purchase additional ÿood
& beveraĀe ÿrom all participatinĀ
vendors
VIP Admission
All items included in General Admission
Ticket ÿor their party PLUS:
●Access to exclusive VIP DininĀ Area
●Additional SamplinĀ Opportunities
●Sponsored Giÿt
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
Proposed TicketinĀ Partners:
See Tickets
●Fully adaptable
●LonĀstandinĀ relationship with JJ|LA
●Offers best financials to clients
●Mobile TicketinĀ App
Eventbrite
●ProcessinĀ Fee separate oÿ ticket price
●Great marketinĀ/reach across markets
●Mobile TicketinĀ option
BudĀet
12-Month Project Retainer $120,000$10k/month
Venue Fees $0
Provided by Client/Municipalities
Event Operations $150,000Estimate only - Includes PermittinĀ, WiFi, Heavy Machinery & Equipment ÿor Production Build, Perimeter FencinĀ, Event Restrooms & Sinks, Event Security
Event DesiĀn, Scenic & Fabrication $100,000 ++ PendinĀ Scope & Number oÿ ParticipatinĀ Vendors, Event SiĀnaĀe, Guest SeatinĀ, Furniture Rentals, Turÿ, Photo Op
StaĀinĀ, LiĀhtinĀ, Audio $30,000Estimate only - Includes main staĀe, ÿestoon liĀhtinĀ, video elements, audio & backline - PendinĀ Talent Rider
Box Office, TicketinĀ & Guest Services $10,000Box Office StaffinĀ, MarketinĀ & PR, Event PhotoĀrapher
Production Expenses $60,000Graphic DesiĀn, TruckinĀ & Transportation, Creative Assets, Crew ParkinĀ, Meals & CaterinĀ, Onsite Production Labor
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
Estimated Project Scope ÿor 2022:
$450,000 ++
Client Reÿerences
TODD HAWKINS
PRESIDENT, THE TODD GROUP
todd@thetoddĀroup.com | 213.300.9342 | www.destinationcrenshaw.la
JJLA Client: Destination Crenshaw, 2020
Community Based GroundbreakinĀ Ceremony | Vendor Marketplace | Photo Op Construction
DARREL TUCCI
CHIEF DEVELOPMENT & STRATEGY OFFICER, DAP HEALTH
dtucci@desertaidsproject.orĀ | 760.285.6877 | www.daphealth.orĀ
JJLA Project: Steve Chase Humanitarian Awards, 2021
Virtual Gala Broadcast | FundraisinĀ CampaiĀn | GiÿtinĀ
SUZY JACK
VICE PRESIDENT / CHIEF OF STAFF, THE BROAD FOUNDATION
sjack@broadÿoundation.orĀ | 213.321.7978 | www.broadÿoundation.orĀ
JJLA Project: LA Times Food Bowl, 2019
Full Event DesiĀn & Production | Culinary Vendor Outreach & Coordination | Sponsor Activation
GENEVIEVE MORRILL
PRESIDENT/CEO, WEST HOLLYWOOD CHAMBER OF COMMERCE
Āmorrill@wehochamber.com | 323.650.2688 | www.wehochamber.com
JJLA Project: LA Pride, 2017-2021
Full Event Production | Talent BookinĀ | Vendor Coordination
Lee Doud: VICE PRESIDENT, HEAD OF EVENTS
Client Relations | StrateĀic Partnerships | BudĀet Creation &
ManaĀement | Talent Coordination
Abby Borden: FOOD & BEVERAGE, EVENT DESIGN
Food & BeveraĀe Coordination | Event DesiĀn & Implementation
| Social Media StrateĀy
Katie DeLucco: PROJECT COORDINATOR
Vendor ManaĀement | Saÿety & EmerĀency Preparedness
Blake YounĀ: PRODUCTION MANAGER
Event Layout | CAD | Fabrication | Production LoĀistics
Our Team
THANK YOU
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
JEFF CONSOLETTI | 213.321.3771 | JEFF@JJ-LA.COM
LEE DOUD | 925.528.9532 | LEE@JJ-LA.COM
ABBY BORDEN | 661.433.6959 | ABBY@JJ-LA.COM
WWW.JJ-LA.COM | 213.248.1225 | EVENTS@JJ-LA.COM
Why JJLA? Here are just a few of the ways we make a difference...
• We truly pride ourselves on building memorable experiences for both our clients and guests - experiences that spark
inspiration, lift up a community, or help promote a more equitable and inclusive world
• We create or reimagine an event from the ground up -- We’ve seen repeated success on annual events as well as set
the bar [high] for newly created properties and products.
• “No” is not in our vocabulary! We strategize with our clients to find innovative ways to fulfill a project’s every need and
to fit it within an allocated budget. Whether you’re looking for assistance on one portion of your event or are looking for
a one-stop-shop agency, we’re here to streamline the process that best fits you and your brand.
• Our team is creative, friendly, and above all else, FUN! Big personalities help to promote big ideas and each team
member brings a diverse and unique perspective to their work, while our “office” culture encourages both personal and
professional growth. As an extension of you and your brand, JJLA remains attentive, accessible, and adaptable from
start to finish.
JJLA is here to bridge your brand with talent and experiences to deliver the results you need. We’re here to
help you shine and we can’t wait to get to work!
Exhibit E
Page 1 of 7
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
Exhibit E
Page 2 of 7
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term “automobile” includes, but is not limited to, a
land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss which shall include
the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
Exhibit E
Page 3 of 7
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
Exhibit E
Page 4 of 7
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
Exhibit E
Page 5 of 7
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non -contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self -insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
Exhibit E
Page 6 of 7
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non -
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
Exhibit E
Page 7 of 7
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties 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, without limitation, incidental and consequential damages, court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation,
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
Contracting Party or by any individual or entity for which Contracting Party is
legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 2 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the acti ve
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a “design professional” as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
Exhibit F
Page 3 of 3
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. 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 in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
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ATTACHMENT 3
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby acknowledge and
confirm that __________________________________ (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
I am _________________________________ of ______________________________,
(Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
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ATTACHMENT 4
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby declare as follows:
I am _________________________________ of ______________________________,
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the proposal is genuine and not collusive or sham; that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain
from proposing; that the proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the
proposer or any other proposer, or to fix any overhead, profit, or cost element of the
proposal price, or of that of any other proposer, or to secure any advantage against the
public body awarding the agreement of anyone interested in the proposed agreement;
that all statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,
or the contents thereof, or divulged information or data relative hereto, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization,
proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature: __________________________________________________
Proposer Name: __________________________________________________
Proposer Title: __________________________________________________
Company Name: __________________________________________________
Address: __________________________________________________
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Page 30 of 30
ATTACHMENT 5
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT