Loading...
T&B Equipment Co/Careet Builder Golf Torny 18INDEMNITY AND HOLD HARMLESS AGREEMENT THIS •INDEMNITY AGREEMENT AND HOLD HARMLESS ("Agreement") is hereby entered into by the City of La Quints ("City") and T & B EQUIPMENT COMPANY ("Agency") as of October 17, 2017. RECITALS A. Agency has proposed to use the storage lot located at Avenue 54 and Jefferson Street to store equipment (Exhibit A - Equipment List) for the upcoming 2018 Career Builder Challenge Golf Tournament ("Intended Use"). B. The City wishes to grant Agency's request for the Intended Use to facilitate ease of access to the golf course for Agency. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties agree as follows: Section 1 The foregoing Recitals are true and correct and are hereby incorporated herein by this reference and are expressly made a part of this Agreement. Section 2 2.1 Agency shall defend (with counsel selected by the City), indemnify, and hold harmless the City and its officers, employees, and agents (collectively, "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 Agency or by any individual or entity for which Agency is legally liable, including but not limited to officers, agents, employees, or subcontractors of Agency, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence, or willful misconduct of the Indemnified Parties. 2.2 In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of Agency, Agency shall provide a defense (with counsel selected by the City) to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties on an ongoing monthly basis their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. Revised April 2015 2.3 In addition, Agency shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. Section 3 3.1 Prior to the execution and throughout the duration of this Agreement, Agency shall maintain insurance in conformance with the requirements set forth below. Agency may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Agency shall have it amended to do so. Agency acknowledges that the insurance coverage and policy limits set forth in this Section 3.1 constitute. the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, wilt be available to City in the event of a loss covered by this Agreement. Agency shall provide the following types and amounts of insurance with Endorsement pages: A. J Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. S. ,% Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses, as well as a Waiver of Subrogation endorsement. C. J ' Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non -owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Agency owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Agency or Agency's employees will use persona( autos in any way on this project, Agency shall obtain evidence of personal auto liability coverage for each such person. 3.2 Agency agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of: (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to Agency's Commercial General Liability policy using ISO Form CG 2010 with an edition date prior to 1988, which form shall include coverage for completed operations. The additional insured endorsement shall expressly name City, and its officers and employees, and Landmark Golf Management, La Quinta Farms, and Vermillion EPA, as additional insureds on the policy(ies) as to Commercial General Liability coverages, and completed operations coverages, with respect to liabilities arising out of Agency's performance of the Services under this Agreement. Revised April 2015 3.3 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Agency commencing performance of any of the Services described in this Agreement. 3.4 Agency agrees to remove their equipment no later than April 1, 2018. Failure to do so may result in City disposing of equipment at City's sole discretion. 3.5 Copies of this Agreement and any other forms of communication between the parties shall be directed to the addresses set forth below: To City: To Consultant: CITY OF LA QUINTA Attention: Steve Howlett 78-495 Calle Tampico La Quinta, California 92253 Email address: showlett@la-quinta.org ATTEST: Vendor Name: T & B EQUIPMENT COMPANY Attn: Pat LeLacheur Address: 11065 Leadbetter Rd City ST ZIP: Ashland, VA 23005 Email address: PatL@TBEquipment.com T & B EQUIPMENT ("Agency") By: Its: C I) Digitally signed by Susan Maysels CITY OF LA QUINTA DN: en=5usan Mays e Is. a-tIty of La ("City") Quin la, ou.Clerk'sOffice. J email=smaysels@la-quinta.org, c=US Date: 2017.10.23 15:24:52 -07'00' Susan Maysels, City Clerk APPROVED AS TO FORM: By: William H, Ihrke, City Attorney Rcvlacd April 2015 Dig itaIly signed by Frank Spevacek DN: serialNumber=3fffgcd7gnjs38w1, c=US, st=California, I=La Quinta, o=Fra J. Spevacek, cn=Frank Spevacek Date: 2017.10.23 13:00:24 -07'00' By: Frank J. Spevacek, City Manager AC 'RE) CERTIFICATE OF LIABILITY INSURANCE `� 12/31/2017 DATE (MMIDD/YYYY) 10/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 1185 Avenue of the Americas, Suite 2010 New York NY 10036E 646-572-7300 CON NAMEACT PHONE FAX Mal: (A1C. Hof: -MAIL ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC 5 INSURER A : Lexington Insurance Company 19437 INSURED InProduction, Inc. 1417544 T&B Equipment Company, Inc. 11065 Leadbetter Road Ashland VA 23005 INSURER B: Zurich American Insurance Company 16535 INSURER c : Commerce and Industry Insurance Company 19410 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 15002562 REVISION NUMBER: XXXXXXX 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 1NSR LTR TYPE OF INSURANCE ADD]. IN,SD SUBR WVD POLICY NUMBER POLICY EFF (NM[DDIYYYY) POLICY InaP (MM1DD1YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 023627225 6/22/2017 12/31/2018 EACH OCCURRENCE $ 1 000 000 CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (My one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO, rEorr PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ AUTOSULED NON -OWNED AUTOS ONLY N N BAP 0165619-00 12/31/2016 12/31/2017 FA:10B31W SINGLE LIMIT $ 1,000z000 $ XXXXXXX BODILY INJURY (Per person) BODILY INJURY (Per accident) $XXXX PROPERTY DAMAGE {Per accident) $ XXXXXXX $ XXXXXXX C UMBRELLA LIAB EXCESS LIAB `r OCCUR CLAIMS -MADE N N BE 065409552 6/22/2017 12/31/2018 • EACH OCCURRENCE $ 25,000,000 $ 25,000,000 AGGREGATE DED X RETENTION $ 10,000 $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE 3 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y WC 0165618-00 12/31/2016 12/31/2017 TPER 011-1- X I STATUTE ER E,L. EACH ACCIDENT $ 1,000,000 EL. DISEASE- EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of La Quinta, and its officers and employees, and Landmark Golf Management, La Quinta Farms and Vermillion EPA arc included as additional insurcds with regards to the General Liability coverage as required by written contract. A waiver of subrogation applies in favor of the certificate holder with rcgards to the workers compcnsation coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION 15002562 City of La Quinta Attn: Steve Howlett 78495 Calle Tampico La Quinta CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRES TATI"•E ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT # 006 This endorsement, effective 12:01 AM 06/22/2017 Forms a part of policy no.: 023627225 Issued to: SGA HOLD I NGS, INC . By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an ad- ditional insured vvith respect to liability arising out of "your work" or "your pro- duct" for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement. This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. LX9466 (10103) 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. with its permission. All rights reserved. Page 1 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. ENDORSEMENT # 004 This endorsement, effective 12:01 AM 06/22/2017 Forms a part of policy no.: 023627225 Issued to: SGA HOLD! NGS , INC . By: LEXINGTON INSURANCE COMPANY PRIMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. Authorized Representative OR Countersignature (In states where applicable) LX9938 (08/05) 4 as GEM of the DESERT — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Steve Howlett, Facilities Director DATE: October 17, 2017 RE: T & B EQUIPEMENT COMPANY, Career Builder Challenge, Equipment Storage Attached for your signature is the Indemnity and Hold Harmless Agreement with T&B EQUIPMENT COMPANY for the Career Builder Challenge. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: NA Contract payments will be charged to account number: NA Amount of Agreement, Amendment, Change Order, etc.: NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: NA Approved by the City Council on April 18. 2017 X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by NA Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: eX Insurance certificates as required by the agreement (approved by Risk Manager on1 i \ dat( NA Performance bonds as required by the agreement (originals) 5 NA City of La Quinta Business License number NA A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Sandra) Revised May 2017 Susan Maysels From: Sent: To: Cc: Subject: Attachments: Teresa: Frank Spevacek Monday, October 23, 2017 12:03 PM Teresa Thompson Susan Maysels FW: T&B Equip - IHH Agreement for review & signature image001.gif; ATT00001.htm; image002jpg; ATT00002.htm; TB Equip Co - IHH Agr to store equip at SRR.pdf; ATT00003.htm I have reviewed and approve this agreement. Please affix my electronic signature. Thanks. adift Frank Spevacek i City Manager City of La Quinta 78495 Calle Tampico ? La Quinta, CA 92253 Ph. 760.777.7100 www.laqulntacz.};nv www.playinlaquinta.com From: Frank Spevacek <fspevacekpIa_quini_<AT> Date: Friday, October 20, 2017 at 11:32 AM To: Frank Spevacek <fspevpcek@ Ia-quin.ta.otrg> Subject: Fwd: T&B Equip - IHH Agreement for review & signature Frank J. Spevacek Begin forwarded message: From: Susan Maysels<5rr.aysc'ts(4)In€-qujrta.arq> Date: October 20, 2017 at 10:25:10 AM PDT To: Frank Spevacek <Fspevacek@to quinta.arg> Cc: Teresa Thompson <Ttbrrnpson@_)kq-quintc,org> Subject: FW: T&B Equip - IHH Agreement for review & signature 1