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MetalRevelations /3 Historical Plaques 17
ART PURCHASE AGREEMENT Y THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this if da of •r i�4OMA 66 R. 2017, by and among THE CITY OF LA QUINTA, a California municipal corporation ("City"), LA QUINTA HISTORICAL SOCIETY ("Society") and METALREVELATIONS, a California corporation ("Artist"). RECITALS A. Society has requested approval for Historic Plaques (the "Project") on the properties generally located at the following three locations: 1) Entrance to Point Happy Ranch; 2) The former Lumberyard building (77-895 Avenida Montezuma) 3) Rancho Tecolote (58-300 Almonte Drive) (the "Properties"). The Project is subject to the artwork requirements of the City of La Quinta Art in Public Places Program set forth in Chapter 2.65 of the La Quinta Municipal Code (the "Municipal Code"). B. To meet the requirements for artwork pursuant to Chapter 2.65 of the Municipal Code, Society is commissioning the fabrication and installation of certain artwork (the "Artwork") to be installed and displayed by Artist on the Properties (the "Site Locations") to be determined by City and Society. NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained hereinafter, the parties hereto agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for the Artwork, including setting forth details and samples of the materials to be used and composition of the proposed Artwork; (ii) based on the conceptual design plans approved by City and Society, develop working drawings that shall be incorporated into the Schedule of Performance attached hereto as Exhibit B; and (iii) fabricate and install the Artwork as more particularly described in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit 8, respectively, and incorporated herein by this reference. Artist shall perform his/her obligations in strict conformance with the terms and conditions set forth in this Agreement and shall take all other actions necessary and incidental to the performance of said obligations. 1.2 Periodic Review. City and Society shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit regular progress narratives, including photographs, to City and Society as required by the Schedule of Performance set forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed to date and provide an estimated completion date. 1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services, materials, and transportation necessary to perform the Design and Fabrication Services more fully described in Exhibit A and to install the Artwork, together with any appurtenances thereto, in a good and workmanlike manner in the Site Location(s) as more fully described in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, materials, equipment, and or services necessary to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to Society and City for all losses or damages that either may suffer as a Page 1 of 19 result of such failure, including any additional costs incurred by City or Society in obtaining such material or labor from other sources. 1.4 Change Orders. Artist shall strictly adhere to the Scope of Design Build Services set forth in Exhibit A, unless a change there from is authorized in writing by City and Society. Artist shall present any and all significant changes to the Artwork not permitted by or in substantial conformity with the approved working drawings and the Scope of Design Build Services set forth in Exhibit A to City and Society in writing in advance for their review and approval. If City and Society grant such approval, the terms of said change shall be memorialized in a written change order signed by all parties hereto prior to commencement of said revised work. For the purposes of this section, a "significant change" is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services set forth in Exhibit A. 1.5 Working Environment. Artist (and Society, if appropriate) shall, at all times, maintain a safe work area and provide safe access to both the Artwork and the sites wherein the Artwork is located prior to installation at the Site Locations for inspection of the Artwork by City and its representatives. 1.6 Post -Fabrication Obligations. a. Artist shall notify City and Society in writing when the fabrication of the Artwork is completed and the Artwork is ready for delivery and installation at the Site Locations designated in Exhibit A and Exhibit B. b. Upon completion of the Artwork, and at all times during the fabrication and installation process, Artist shall ensure that the Artwork complies with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. Artist shall also ensure that the Artwork is installed in a safe manner, and is designed to withstand the forces of nature it is expected to be exposed to during its lifetime, including, but not limited to, wind, rain, sun, and earthquake, as reasonable for artwork of a similar nature. 1.7 Post -Installation Obligations. a. Artist shall be available at such reasonable time or times as may be agreed between City and Artist to attend a presentation ceremony upon completion of the Artwork. b. Society shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications and as otherwise determined between City, Society, and Artist as soon as practicable following installation. c. Upon installation of the Artwork, Artist shall provide Society and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.8 Final Acceptance. a. Artist shall advise Society and City in writing when Artist believes that installation of the Artwork at the Site Locations is complete. Following receipt of such notice, Society and City shall promptly cause the installed Artwork to be inspected. Within five (5) working Page 2 of 19 days following completion of such inspections, City and Society shall either (i) provide Artist with reasonably specific written objections, and a list of necessary corrections to the installed Artwork that Artist must complete, or (ii) notify Artist of their acceptance of the Artwork by issuing a Notice of Completion in the form attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by City and Society of the ownership of the Artwork will occur from the date of issuance of the Notice of Completion. At that time, ownership of pieces of Artwork located on City property will transfer to the City and ownership for the four pieces of Artwork located on private property will transfer to the Society. 1.9 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during the fabrication and installation phases until Society and City issue the Notice of Completion indicating their acceptance of the Artwork as provided in Section 1.8. Upon Artist's receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the Society for the three pieces located on private property. Society shall take the measures described in Article VII of this Agreement, as necessary, to protect the Artwork from loss or damage and shall maintain the Artwork located on private properties. 1.10 Compensation to Artist: City agrees to pay Artist for the Artwork the compensation set forth in Exhibit C. The total compensation to be paid to Artist shall not exceed $13,500 (Thirteen Thousand Five Hundred Dollars). The parties agree that said compensation represents full payment to Artist for the design, fabrication and installation of the Artwork, including compensation for all professional services and reimbursement for expenses, and neither City nor Society shall have any additional financial obligations under this Agreement. ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Artist shall perform his/her obligations under this Agreement in a punctual and diligent manner and in accordance with the Schedule of Performance attached hereto as Exhibit B. In the event Artist fails to perform fully any and all of its obligations under this Agreement, then City and/or Society may, at their option, after first giving twenty-four (24) hours written notice to Artist, provide any such labor and materials as may be necessary for the completion of the Artwork. In such event, City and/or Society may deduct the cost of said labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by Society or City is completely finished. Upon completion of the work, if the unpaid balance of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by Society or City in securing labor and materials from other sources and/or in finishing Artist's work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City and/or Society as described above exceed the unpaid balance due to Artist, then Artist shall promptly pay to City and/or Society the amount by which such expenses exceed the remaining unpaid balance. The expense incurred by City and/or Society, as herein provided, shall be chargeable to and paid by Artist. ARTICLE III. WARRANTIES 3.1 Title. Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) that the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; (d) that to the best of his/her knowledge the Page 3 of 19 Artwork is not presently subject to claims of ownership, lien or encumbrance or to common law or statutory copyright claims of any other person, institution, or domestic or foreign government; and (e) that the Artwork is free and clear of any and all encumbrances and/or monetary liens. Artist covenants to defend, indemnify and hold City, Society, and their respective officials, officers, employees, servants, attorneys, volunteers, and agents harmless from any loss, claim or liability in any way related to a claim that the Artwork violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the Artwork produced under this Agreement. In case such materials, equipment, devices or processes are held to constitute an infringement and their use is enjoined, Artist shall, at his/her expense, either (a) secure for City and Society the right to continue exhibiting the Artwork by suspension of any injunction or by procuring a license or licenses for City and Society; or (b) modify the Artwork so that it becomes non -infringing. The covenant and warranties set forth in this Section 3.1 shall survive the termination of this Agreement. 3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by Artist to Society and City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after acceptance of the Artwork as evidenced by a Notice of Completion issued in accordance with Section 1.8, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the acceptance of the Artwork. Society and/or City shall give notice to Artist of any observed and claimed breach with reasonable promptness. Artist shall, at the request of City or Society and at no cost to City or Society, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK 4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby acknowledges and agrees that all decisions regarding placement and location of the Artwork are within the sole and absolute discretion of the Society and City, depending on location. The City will be responsible for the location/display of the Artwork on City owned locations. The Society will be responsible for coordination of location/display of the Artwork on private property locations. Artist further acknowledges and agrees that Society and City shall have sole and absolute discretion to make alterations to, relocate, or remove and dispose of the Artwork in their sole and absolute discretion. In the event Society and City elect to remove and dispose of the Artwork, Society and/or City shall, subject to the provisions of Section 9.3 of this Agreement, notify Artist at least 30 -days in advance of the proposed removal and provide Artist an opportunity, at his/her sole costs, to take possession of and remove the Artwork from the Site. ARTICLE V. PARTY REPRESENTATIVES 5.1 City Representative. For the purposes of this Agreement, City's representative shall be the City Manager, or such other person as the City Manager designates in writing (hereinafter the "City Representative"). It shall be Artist's and Society's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and obligations Page 4 of 19 more particularly described in Exhibit A, and Artist and Society shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Society Representative. For the purposes of this Agreement, Society's representative shall be Linda Williams, or such other person as Society designates in writing (hereinafter the "Society Representative"). The Society Representative shall be responsible during the term of this Agreement for directing all activities of Artist and devoting sufficient time to personally supervise the services provided by Artist hereunder. The Society Representative shall also be responsible for overseeing and ensuring Society's performance of its obligations under this Agreement. The Society Representative may not be changed by Society without the prior written consent of City. 5.3 Artist Representative. For the purposes of this Agreement, Kathleen Smith -Schooley is the Artist representative authorized to act in his/her behalf with respect to the services specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of Artist were a substantial inducement for City and Society to enter into this Agreement. Therefore, Artist shall be responsible during the term of this Agreement for performing or directing all activities of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the services hereunder. Artist may not assign all or any of his/her obligations under this Agreement without the prior written approval of both City and Society. ARTICLE VI. OWNERSHIP OF ARTWORK 6.1 Ownership of Artwork. Title to the original renderings to produce the Artwork pursuant to this Agreement shall pass to and vest with the City, title to pieces of Artwork located on City property shall pass to and vest with the City, and title to the four pieces of Artwork located on private property shall to and vest with the Society upon (i) the issuance of the Notice of Completion acknowledging Final Acceptance pursuant to Section 1.9 or (ii) Termination of the Agreement as provided in Article X hereinafter. 6.2 Title to Intellectual Property. Title to all copyright and other intellectual property rights in the Artwork shall remain with Artist except as otherwise provided in this Agreement. Notwithstanding the foregoing, Artist, on behalf of him/herself and his/her successors, heirs and assigns, hereby grants in perpetuity to City and Society, successors and assigns, the right to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of this Agreement and to use such photographs, film, videotapes, or other depictions at any time thereafter for commercial and noncommercial purposes to promote the City of La Quinta, or the Project. Such uses shall give full artistic credit to Artist. ARTICLE VII. ADDITIONAL SOCIETYS' OBLIGATIONS 7.1 Maintenance and Alteration of the Artwork. The Society shall maintain the three pieces of Artwork located on private property in good condition in a location on the Property selected in concert with or approved by City and private property owners. Society shall sign and record a covenant and agreement ("Maintenance Covenant") in the form attached hereto as Exhibit E and incorporated herein by this reference. The Maintenance Covenant shall, among other requirements, ensure the proper maintenance of the three pieces of Artwork located on private property and the transfer of title to the same. At a minimum, Society shall maintain the three pieces of Artwork located on private property in a neat, aesthetic, and orderly manner in accordance with the language recorded in the Maintenance Covenant, including, but not limited to promptly removing any graffiti or damage from the elements. Page 5 of 19 7.2 Permanent Record. Society shall maintain records of all activities related to this Agreement. 7.3 Location and Disposition. Society and City shall jointly select the initial locations for placement of the Artwork on the Properties (the "Site Locations"). After installation of the Artwork at the Site Locations by Artist, Society shall not thereafter change the location or dispose of the Artwork without the prior written consent of City. ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS 8.1 Artist's Address. Artist shall notify City and Society of any change in address. City or Society shall take reasonable effort(s) to locate Artist when matters arise relating to the Artist's rights under this Agreement. 8.2 Surviving Covenants. The covenants and obligations set forth in this Article VIII shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VIII. 8.3 Independent Contractor. Artist is, and shall at all times remain as to City and Society, a wholly independent contractor. Artist shall have no power to incur any debt, obligation, or liability on behalf of City or Society or otherwise act as an agent of City or Society. The City, Society, nor any of their respective agents shall have control over the conduct of Artist or any of Artist's employees (if any), except as set forth in this Agreement. Artist shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City or Society. Artist agrees to pay all required taxes on amounts paid to Artist under this Agreement, and to indemnify and hold City and Society harmless from any and all taxes, assessments, penalties, and interest asserted against City or Society by reason of the independent contractor relationship created by this Agreement. Artist shall fully comply with the workers' compensation law regarding Artist and its employees (if any). Artist further agrees to indemnify and hold City and Society harmless from any failure of Artist to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Artist under this Agreement any amount due to City or Society from Artist as a result of Artist's failure to promptly pay to City or Society any reimbursement or indemnification arising under this Section 8.3. ARTICLE IX. ARTIST'S RIGHTS 9.1 Identification. Society shall, at its expense, prepare and install at the Site Location, a plaque identifying Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair for as long as the Artwork is displayed. 9.2 Repairs and Restoration. a. City and Society shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At Society's and City's option, Artist, during Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that Society, City and Artist Page 6 of 19 mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon Artist's fee for such services. Society and/or City shall have no obligation to utilize the services of Artist in this respect if they choose to have the repairs and restoration done by other professionals. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 9.3 Waiver of Rights. If any alteration is made to the Artwork without the consent of Artist, Artist shall have the right to direct the Society to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the federal Visual Artists Rights Act (17 U.S.C. 55 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, and its elected and appointed officials, officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. 55 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature, or any other type of moral right protecting the integrity of works of art to the fullest extent permitted by law. Without limiting the generality of the foregoing, Artist expressly waives any rights under the federal Visual Artists Rights Act (17 U.S.C. 55 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws relating to the location, placement, or removal and disposal of the Artwork. ARTICLE X. ASSIGNMENT OR TRANSFER 10.1 Neither Artist nor Society shall assign or transfer any interest in this Agreement without the prior written consent of City. If the assignment is approved the parties shall enter an assignment and assumption agreement. Any attempt by Society or Artist to assign, transfer, or subcontract any rights, duties, or obligations arising hereunder without city's prior written consent shall be null, void and of no effect. ARTICLE XI. TERMINATION 11.1 Society and City may, at either their option, by written notice to Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of City and Society, acting together ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article X, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to Society. In the event of a Discretionary Termination, Society shall reimburse City for the full amount of Art in Public Places funding that was provided by City for the Artwork. In such event and upon Artist's written request, Society shall remove Artist's name from the Artwork. Page 7 of 19 ARTICLE XII. INSURANCE AND INDEMNIFICATION. 12.1 Insurance. Prior to commencing any work under this Agreement, and throughout the duration of the term of this Agreement, Artist shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better, unless otherwise approved by City's Risk Manager in writing. 12.1.1. Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. 12.1.2. Required Endorsements. Liability insurance policies required to be provided by Artist hereunder shall contain or be endorsed to contain the following provisions: a. City, Society, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General liability insurance shall apply to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's or Society's vicarious liability. c. Liability coverage shall be primary and non-contributing with any insurance maintained by City or Society. d. Each policy required hereunder, and the associated evidence of coverage (including employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior written notice has been given to City and Society. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Artist, or Artist's employees, or agents, from waiving the right of recovery prior to a loss. Artist waives its right of recovery against City and Society. 12.1.3. Verification of Coverage. Artist shall deposit with City within fifteen (15) days of Notice to Proceed of the Contract certificates of insurance evidencing the coverage required hereunder and all required endorsements. 12.1.4. No Waiver or Obligation. There shall be no recourse against City or Society for payment of premiums or other amounts with respect to the insurance required to be provided by Artist hereunder. Any failure, actual or alleged, on the part of City or Society to monitor compliance with these requirements will not be deemed as a waiver of any rights Page 8 of 19 on the part of City or Society. City and Society have no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City and Society have the right but not the duty to obtain the insurance it deems necessary and any premium paid by City or Society will be promptly reimbursed by Artist or City will withhold amounts sufficient to pay premium from Artist payments. 12.1.5. Prompt Notice. Artist agrees to provide immediate notice to City and Society of any claim or loss against Artist arising out of the work performed under this agreement. City and Society assume 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 or Society. 12.1.6. Subcontractors. Artist shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City and Society. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 12.2 Indemnification. 12.2.1. Indemnification. To the fullest extent permitted by law, Artist shall indemnify, protect, defend and hold harmless City and Society and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability, 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, actual attorney fees incurred by City and Society, court costs, interest, defense costs including fees of expert Artists or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable, in whole or in part, to Artist's performance of this Agreement. All obligations under this provision are to be paid by Artist as City and Society incur them. 12.2.2 Exception to Artist's Obligation to Indemnify. Without affecting the rights of City or Society under any provision of this Agreement or this section, Artist shall not be required to indemnify and hold harmless City or Society as set forth above for liability attributable to the sole fault of City or Society, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City or Society is shown to have been solely at fault and not in instances where Artist is solely or partially at fault or in instances where City's or Society's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Artist will be all-inclusive and City and Society will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of City or Society. 12.2.3 Artist Acknowledgment. Artist acknowledges that its obligation pursuant to this section extends tp liability attributable to City and Society, if that liability is less than the sole fault of City or Society. Page 9 of 19 12.2.4 Indemnity Provisions for Subcontractors. Artist agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier Artist or any other person or entity involved by, for, with or on behalf of Artist in the performance of this Agreement. In the event Artist fails to obtain such indemnity obligations from others as required here, Artist agrees to be fully responsible according to the terms of this section. 12.2.5 No Waiver; Survival. Failure of City or Society to monitor compliance with the requirements of this Section 11.2 imposes no additional obligations on City or Society and will in no way act as a waiver of any rights hereunder. Artist's obligation to indemnify and defend City and Society as set forth herein is binding on the successors, assigns, or heirs of Artist and shall survive the termination of this Agreement or this section. 12.3 Remedies. In addition to any other remedies City and Society may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City or Society 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 Artist to stop work under this Agreement and/or withhold any payment(s) which become due to Artist hereunder until Artist demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City or Society may have. The above remedies are not the exclusive remedies for Artist's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement. ARTICLE XIII. GENERAL PROVISIONS 13.1 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered personally or recognized overnight courier service; or (b) on the third business day following deposit in the United States mail, sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: CITY: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 ARTIST: Metalrevelations SOCIETY: La Quinta Historical Society Attn: Linda Williams, President P.O. Box 1283 La Quinta, CA 92253 (760) 564-1283 Page 10 of 19 Attn: Kathleen Smith -Schooley 44778 Deglet Noor Street Indio, CA 92201 (760) 347-8846 13.2 Nondiscrimination. In the performance of the services under this Agreement, neither Artist nor City nor Society shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. In addition, Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. 13.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated herein by specific reference, embodies the entire integrated agreement and understanding between the parties hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 13.4 Modification. This Agreement and each of the terms embodied herein may be amended, altered, changed, or modified only by a written instrument signed by each party hereto and approved by appropriate action of City and Society. 13.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 13.6 Governing Law; Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 13.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City, Society, and Artist, and their respective heirs, personal representatives, successors and permitted assigns. 13.8 Severance. If a court of competent jurisdiction determines that any provision(s) of this Agreement is invalid, void, or illegal, such provision(s) shall be severed from the Agreement and shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 13.9 Substitution. Whenever in the specifications of materials or process the Scope of Services indicates or specifies materials or processes by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. Artist shall not offer any substitute material or process if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one Page 11 of 19 as shall be specified in the proposal, or if none be so specified, then such one as shall be required by City or Society. 13.10 Effective Date. Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by City. 13.11 Force Majeure. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days' of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by Society, City and Artist. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation ATTEST: Susan Maysels, CMC, City Cle City of La Quinta, California APPROVED AS TO FORM: By: �J Y FRANK 3-SEEVAEK-C-tty-Manager-- CHRIS ESCOBEDO, Community Resources Director William Irhke, City Attorney City of La Quinta, California Page 12 of 19 SOCIETY: LA QUINTA HISTORICAL SOCIETY ARTIST: By: LinMims, President NAME 0 A ISIS By. State License No. 49/5/3 Page 13 of 19 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by City and Society. b. Artist shall complete the design in sufficient scale and detail as required by City and Society authorities for approval. c. Artist's design and specifications have been approved by City and Society. No changes shall be made without approval of City and Society. II. GENERAL ITEMS OF INCLUSION: The work shall include but not necessarily be limited to the following: a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to Society and City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this Agreement. b. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. c. Artist shall provide for all unloading, hoisting, and bracing for the Artwork. d. Artist shall provide all drilling, coring, cutting, fastening required for the Artwork. III. SPECIFIC ITEMS ❑F INCLUSION The creation of historical plaques incorporating images of selected historical buildings in the City of La Quinta. The plaques will be mounted in a conspicuous location on each building and will include a rendering of the building and a description with historical data. There will be 3 (three) plaques and one art piece designated at the following sites: • Entrance to Point Happy Ranch (location will have an art piece installed with a plaque placed on it) • The former Lumberyard building (77-895 Avenida Montezuma) • Rancho Tecolote 58-300 Almonte Drive Each plaque will consist of two 12"x12" metal backings, side by side, surrounded by a wrought iron, angle iron frame with several decorative scrolls. The first tile will have an image of the building and the second tile will contain text giving historical information. The one art piece to accompany the plaque at Point Happy Ranch will be a 5' by 4' steel signed shaped in a Pony Express carriage in burnished brown up -light along Washington Street north of Point Happy Way approximately 20' from the curb. Page 14 of 19 An original piece of artwork will be created representing each of the selected buildings. The artwork will be digitally transferred to ceramic tile and fired for permanency. The tiles are UV fade resistant and anti -graffiti treated. Both treatments are designed to last the life of the tile. The completed tiles will be adhered to a weather resistant backing which will be mounted in a decorative wrought iron frame. The completed plaque will be professionally mounted to each building in a visible location. Each original piece of art will consist of an 11" x 11" acrylic on canvas rendering. The City of La Quinta will retain ownership of the original art, copyright remains with the Artist. Page 15 of 19 EXHIBIT B SCHEDULE OF PERFORMANCE Upon final approval of the Agreement, the Artist will initiate the process of creating the individual images, which shall be completed within five weeks. Once the images have been approved by the City and the Society, Artist will create the tiles within four weeks from receipt of the City's and Society's approval of original artwork. Such approvals can either be provided on a piece by piece basis or all at one time. Artist will arrange for a local vendor who will make and install the frame. This framing and installation process shall be completed within six weeks, subject to the Artist's accessibility to each building. Approximate time for completion of the Project (excluding any unforeseen complications) shall be 120 days once the City's and the Society's approvals of the individual images are issued. Page 16 of 19 EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENT TO ARTIST BY CITY: City shall pay Artist a deposit in the amount of: $6,750 City shall pay Artist after completion of final image: $6,750 Total Not to Exceed: $13,500 Page 17 of 19 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated , 20_ ("Agreement"), The City of La Quinta, a California municipal corporation ("City") contracted with ("Society") and ("Artist") to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, City and Society shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, City and Society do hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, City has executed this certificate this day of , 20_. CITY OF LA QUINTA, a California Municipal Corporation By: By:... Page 18 of 19 EXHIBIT E PUBLIC ART MAINTENANCE AGREEMENT Pursuant to Article VII. Additional Society's Obligation of this Art Purchase Agreement, Society is obligated to maintain certain Artwork as follows: 1. Maintenance of the Public Art. Society, its successors, assigns, and any successor in interest to the Property, covenants and agrees to maintain the three pieces of Artwork located on private property in accordance with the "Reasonable Standards," as hereinafter defined. Said Artwork includes, but is not limited to, adjacent sidewalks, pedestrian lighting, and landscaping which is part of the Artwork. To accomplish the maintenance, the Society shall either staff or contract with qualified and if required by law, licensed personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. The obligations of Society regarding maintenance of the Artwork in accordance with this paragraph 1 are referred to herein as the "Society Obligations." 2. Reasonable Standards. The three pieces of Artwork located on private property shall be maintained in accordance with the custom and practice generally applicable to comparable high quality commercial properties located within the City, including but not limited to, periodic cleaning of all exterior surfaces. 3. Failure to Maintain Artwork. In the event the Society does not maintain the three pieces of Artwork located on private property in the manner set forth herein and in accordance with Reasonable Standards, the City shall have the right to maintain the Artwork, or to contract for the correction of such deficiencies, after written notice to the Society. However, prior to taking any such action, the City agrees to notify the Society in writing if the condition of the Artwork does not meet with Reasonable Standards and to specify the deficiencies and the actions required to be taken by the Society to cure the deficiencies. Upon notification of any maintenance deficiency, the Society shall have thirty (30) days within which to commence, and thereafter diligently correct, remedy or cure the deficiency. If the written notification states the problem is urgent and relates to public health and safety, the Society shall have forty-eight (48) hours to commence to rectify the problem. A. Right to Maintain. In the event the Society fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then the City shall have the right to maintain the three pieces of Artwork located on private property. The Society agrees to pay the City such charges and costs incurred by the City in curing such maintenance deficiency. SOCIETY: Dated: By:_ fko(2L.,_ Page 19 of 19 A CORDTM Client#: 15723 METALCA CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/17/2017 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 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 TANENBAUM-HARBER OF CALIFORNIA, INC 11610 IBERIA PLACE, SUITE 200 SAN DIEGO, CA 92128 LICENSE #0783125 INSURED METAL REVELATIONS, INC. 44778 DEGLET NOOR STREET INDIO, CA 92201 NAMEncT ALAN LUX (A ONO E <l1: 858-487-8839 7111%. Na}: 858-487-3984 E-MAIL LUXA@TANHARCA.COM ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : LIBERTY MUTUAL INSURANCE 23043 INSURER B INSURER C : INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LFR A IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL 113R X SUER WVD POLICY NUMBER BKS -18-56459992 POLICY EFF (MM;DD/YYYY) 04/09/2017104/09/2018 POLICY EXP IMM ODNYYY� LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR EACH OCCURRENCE $1,000,000 $500000 X PAREMISEM rrDence1 CLAIMS -MADE MED EXP (Any one person) s15,000 $1,000 $2,000000 $2,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n j a I— LOC PRODUCTS - COMP/OP AGG 7 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS X NON AUTOS -OWNED BAS -18-56459992 1)4/09/2017 04/09/2018 I maziN ISINGLE LIMIT 11,000,000 $ X BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acrident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION EMPLOYERS' MABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? I (Mandatory iR NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I VVC TORY LIMITS OT AND EL. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A BLDG PERS PROP BKS -18-56459992 04/09/2017 04/09/2018 $550,000 90 CO DED $500 $163,910 90 CO DED $500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY. GENERAL LIABILITY COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. CERTIFICATE HOLDER CANCELLATION CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA 92253 ACORD 25 (2010/05) 1 of 1 #S648555/M644682 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CASCH COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT N r� NON -OWNED AIRCRAFT x t- NON -OWNED WATERCRAFT INDEX PAGE 2 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT V 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ✓ 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - ✓ 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 © 2043 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement, A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written 10 apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc . with its permission. Page 2 of 8 r1== men b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an' additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (3) (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. CG 88 10 04 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 IIIIIIIIII 0 • 8 s r 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1 - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS! MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees' are insureds for "bodily injury" or "personal and CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighled material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. GG 88 10 04 13 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. CG 88900413 © 2013 Liberty Mutual insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 POLICY NUMBER: BKS -18-56459992 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA 92253 Location(s) Of Covered Operations Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operatons for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ® Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 M POLICY NUMBER: BKS -18-56459992 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA 92253 Location And Description Of Completed Operations Information required to complete this Schedule, if not shown A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury" or "property damage" caused, in whole or in part, by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -com- pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 above, will be shown in the Declarations. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. ® Insurance Services Office, Inc., 2012 Page 1 of 1 ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE )MM)DOIYYYY) 10/26/2017 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 cortiflcato holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Klicka-Parker Ins Brokers Inc License P 0 Box Fresno INSURED Metalrevelations Inc 44778 Deglet Noor #0E44279 3947 Indio CA 93650 CA 92201 IE NUMBER.2017-18 CONTACT NAME -,: Kelly Hannon E EaIAmo• EAU' (559)222-7722 I ADORE„y, khannon@ jgparkor . corn 1NSUREP4 } AFFORDING COVERAGE INSURER A :Inaurance Co of the West INSURER a INSURER C INSURER D INSURER E INSURER F . WC Cert _1A1FAXGNo): (559)222-1724 _ MACS .27847 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS lN$R TYPE OF INSURANCE ADOI.Su9R ' POLICY EFF POl ICY EXP LIMITS vD POLICY NUMBER IMMIO.. IMWDOfYYYYI LTR (N50 wQ)Y COMMERCIAL GENERAL LIABILITY _I CLAIMS -MADE _ OCCUR EACH OCCURRENCE _ LP_EtEMIBES (Ea occu cal 5 1 ". MED EXP{Mir ona pere0n} S PERSONAL&ADVINJURY 3 - GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY LOC ,ECT f PRODUCTS - COMP/OP AGG S — _ "� _I OTHER. S AUTOMOBILE LIABILITY -1 ANY AUTO BIOMC�NED SINGLE LIMIT BODILY INJURY Per person) { $ — — v 5 ALL OWNED AUTOS — SCHEDULED NON BODILY INJURY (Per accident) $ HIRED AUTOS I A-NON-OWNEDUTOS -0 PROPERTY DAMAGE L 0000.0111 s UMBRELLA LIABn1 OCCUR J EACH OCCURRENCE_ i $ EXCESS LIAB CLAIMS -MADE _ DED RETENI7 ON S _AGGREGATE _ 3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER)EXECUTIVE j --'"'NIA X STRTLFT I oT E.L EACH ACCIDENT 5 1,404,000 OFFICER/MEMBER EXCLUDED? A (Mandatory In NH} --- "- II yes. describe under DESCRIPTION OF OPERATIONS below WSA503806100 11/1/2017 11/1/2018 E.L DISEASE • EAEMPLOYEE ' E.L. DISEASE POLICY LIMIT S: 1 000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remits Schedule, may be attached If more space la required) CERTIFICATE HOLDER CANCELLATION Lchaudry@la-quinta.org City of La Quinta Lisa Chaudhry 78-495 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 REPRESENTATIVE J Parker III/KELLYH - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 nmdnn WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ALL CALIFORNIA ORGANIZATION WHEN OPERATIONS REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/01/2017 Policy No. WSA 5038061 00 Insured METALREVELATIONS Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 990634 (Ed. 8-00) INSURED Endorsement No. Premium $ INCL .