LQ Chamber of Commerce 12PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"►, a California
municipal corporation, and LA QUINTA CHAMBER OF COMMERCE ("Consultant").
The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to the promotion,
encouragement, representation and retention of businesses and business activities
in the City of La Quinta, as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work").
Consultant warrants that all services will be performed in a competent, professional
and satisfactory manner in accordance with the standards prevalent in the industry
for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed; (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services ("Additional Services") when directed to do so by the Contract
Officer. Consultant shall not perform any Additional Services until receiving prior
written authorization from the Contract Officer. It is specifically understood and
agreed that oral requests and/or approvals of Additional Services shall be barred
and are unenforeceable. Failure of Consultant to secure the Contract Manager's
written authorization for Additional Services shall constitute a waiver of any and all
right to adjustment of the Contract Sum or time due, whether by way of
compensation, restitution, quantum meruit, etc. for Additional Services provided
without the appropriate authorization from the Contract Manager. Compensation
for properly authorized Additional Services shall be made in accordance with
Section 2.2 of this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule. of
Compensation") in a total amount not to exceed One Hundred Twenty -Seven
Thousand Five Hundred Dollars ($127,500) (the "Contract Sum"), except as
provided in Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
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Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Consultant's overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional
Services."
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both
City and Consultant in advance of the Additional Services being rendered by
Consultant. Any compensation for Additional Services amounting to five percent
(5%) or less of the Contract Sum may be approved by the Contract Officer. Any
greater amount of compensation for additional services must be approved by the La
Quinta City Council. Under no circumstances shall Consultant receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of
this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day
of such month, in the form approved by City's Finance Director, an invoice for
services rendered prior to the date of the invoice. Such invoice shall (1) describe in
detail the services provided, including time and materials, and (2) specify each staff
member who has provided services and the number of hours assigned to each such
staff member. Such invoice shall contain a certification by a principal member of
Consultant specifying that the payment requested is for work performed in
accordance with the terms of this Agreement. City will pay Consultant for all
expenses stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City's Finance
Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit C (the "Schedule of Performance"). Extensions to the time period specified
in the Schedule of Performance may be approved in writing by the Contract Officer.
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3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. Extensions to the Schedule of Performance which are determined
by the Contract Officer to be justified pursuant to this Section shall not entitle the
Consultant to additional compensation in excess of the Contract Sum.
3.4 Term. The term of this agreement shall commence on July 1, 2012 and
terminate on June 30, 2013 (initial term). Unless earlier terminated in accordance
with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full
force and effect until completion of the services, except as otherwise provided in
the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 _Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. Mark Moran, Chairman of the Board
b. Jason Schneider, Treasurer
C. Kathleen McEntee, Secretary
d. David Archer, President/CEO
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
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4.2 Contract Officer. The Contract Officer shall be the City Manager or such
other person as may be designated by the City Manager of City. It shall be
Consultant's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Consultant shall refer any
decisions, which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City. ,
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, Commercial
General Liability insurance against all claims for injuries against persons or damages
to property resulting from Consultant's acts or omissions rising out of or related to
Consultant's performance under this Agreement. The insurance policy shall contain
a severability of interest clause providing that the coverage shall be primary for
losses arising out of Consultant's performance hereunder and neither City nor its
insurers shall be required to contribute to any such loss. A certificate evidencing
the foregoing and naming City and its officers and employees as additional insured
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(on the Commercial General Liability policy only) shall be delivered to and approved
by City prior to commencement of the services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
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Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without written notice to City of
proposed cancellation. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant 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 may have. The above remedies are not the exclusive remedies for
Consultant'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 Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party
Commercial General Liability coverage required herein to include as additional
insureds City, its officials, employees and agents, using standard ISO endorsement
No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all
contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
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waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's Commercial General Liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, City
has the right, but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at City option.
B. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other
party involved with providing services under the terms of this Agreement that is
brought onto or involved at the request of Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and
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review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the provision of services will be submitted to City for review.
10. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it
will not allow any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the provision of services contemplated by this
agreement to self -insure its obligations to City. If Consultant's existing coverage
includes a deductible or self -insured retention, the deductible or self -insured
retention must be declared to the City. At that time the City shall review options
with the Consultant, which may include reduction or elimination of the deductible
or self -insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
13. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
14. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
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applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
17. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
20. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim
or loss against Consultant arising out of services provided under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes
a professional standard of care for Consultant's Services, to the fullest extent
permitted by law, Consultant shall indemnify, protect, defend and hold harmless
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City and any and all of its officials, employees and agents ("Indemnified Parties")
from and against any and all claims, losses, liabilities of every kind, nature and
description, damages, injury (including, without limitation, injury to or death of an
employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement.
b. Indemnification for Other Than Professional Liability. Other than in
the performance of professional services and to the full extent permitted by law,
Consultant shall indemnify, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, 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
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
6.2 Standard Indemnification Provisions. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth herein
this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
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7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require. At a minimum, three
written progress reports, including an accounting of expenditures, shall be provided
in November 2012, February 2013, and May 2013.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
7.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of Consultant and upon
request by City, Consultant shall delivere copies as appropriate to City upon
termination of this Agreement or upon the earlier request of the Contract Officer,
and City shall have no claim for further documents and materials hereunder.
Consultant shall cause all subcontractors to provide to City any documents or
materials prepared by them as stipulated above, and in the event Consultant fails to
secure such assignment, Consultant shall indemnify City for all damages suffered
thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall be released publicly without the prior written
approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
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8.0 ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the.exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall' not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
8.7 Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 8.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 8.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
Ml
a
9.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Frank J. Spevacek
City Manager
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
LA QUINTA CHAMBER OF COMMERCE
Attention: David Archer
President/CEO
78-275 Calle Tampico
La Quinta, CA 92253
10.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
W
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
M- -
ATTEST:
Su�� Y / `�
Susan Maysels, Interi City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
16
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
SKIED IN COUNTERPART
Frank J. Spevacek, City Manager Date
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, Interim City Clerk
APPROVED AS TO FORM:
16
CONSULTANT: LA QUINTA CHAMBER OF COMMERCE
By:
Name: a✓, c�r��G. c
Title:
Z7 / / Z
17
Exhibit A
Scope of Services
FISCAL YEAR 2012/2013
The La Quinta Chamber of Commerce shall provide the following services per
the attached Contract for Services Proposal:
A. Business Retention/Promotion & Economic Development
1. Village Business Contact & Event Coordination
2. Member Retention
3. New Member Recruitment
4. Member Communications
5. Events
B. The GEM Community Newsletter
1. Ten months/issues out of the year (with City funding)
2. Ten months/issues out of the year inclusion of City Pages
3. Chamber opting to fund two additional months/issues of
The GEM (Chamber portion only; not City Pages)
C. The Visitor's Center
D. Annual Financial Review/Audit
The La Quinta Chamber of Commerce shall provide a full audit every three years
and an annual financial review report in non -audit years. A full audit is required for
fiscal year ending June 30, 2012.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.2 of this Agreement, the maximum total compensation to be paid to
Consultant under this Agreement is One Hundred Twenty -Seven Thousand Five
Hundred Dollars ($127,500) ("Contract Sum"). The Contract Sum shall be paid to
Consultant in four (4) installment payments and in an amount identified in
Consultants Schedule of Compensation included hereto for the work tasks
performed and properly invoiced by Consultant in conformance with Section 2.2 of
the Agreement.
Payment Schedule is as follows:
July 29, 2012 $31,875
October 29, 2012 $31,875
January 29, 2013 $31,875
April 29, 2013 $31,875
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services,
Exhibit "A" of this Agreement in accordance with the schedule below:
A. Business Retention/Promotion
& Economic Development
B. The GEM Community Newsletter
C. The Visitor's Center
D. Annual Financial Review
& Full Audit
Ongoing
(throughout fiscal year)
Monthly
(City Pages; 10 issues
per year)
Ongoing
(throughout fiscal year)
Non -Audit Years
Every Three Years
The La Quinta Chamber of Commerce shall provide the City with three (3)
written reports on its activities as required by this Agreement.
First Report - November 2012
Second Report - February 2013
Third Report - May 2013
37 (Policy Provisions: WC 00 00 00 B)
76
DL INFORMATION PAGE
WEC WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
INSURER: HARTFORD FIRE INSURANCE COMPANY
HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115
NCCI Company Number: 13z69
Company Code: 1
POLICY NUMBER: 172 WEC DL7637
Previous Policy Number: NEW
HOUSING CODE: DX
1. Named Insured and Mailing Address: LA QUINTA CHAMBER OF COMMERCE
(No., Street, Town, State, Zip Code)
FEIN Number: 950653584
State Identification Number(s):
UIN:
78275 CALLE TAMPIO STE B
LA QUINTA, CA 92253
w( 6.0
t2'y�ll
THE
HARTFORD
Suffix
. LARS RENEWAL
00
The Named Insured IS: NON-PROFIT ORGANIZATION
Business of Named Insured: ASSOCIATION - BUSINESS NON PRO
Other workplaces not shown above: AS STATED AND ELSEWHERE IN CALIFORNIA
2. Policy Period: From 10/27/11 To 10/27/12
12:01 a.m., Standard time at the insured's mailing address.
Producer's Name: SUPERIOR ACCESS INS SRVC INC/PHS
PO BOX 33015
SAN ANTON10, TX 78265
Producer's Code: 181840
Issuing Office: THE HARTFORD
3600 WISEMAN BLVD.
SAN ANTONIO TX 78251
(866) 467-8730
Total Estimated Annual Premium: $2, 022
Deposit Premium: $2, 022
Policy Minimum Premium: $500 CA (INCLUDES INCREASED LIMIT MIN. PREM. )
Audit Period: ANNUAL Installment Term:
The policy is not binding unless countersigned by our authorized representative.
Countersigned by
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 1.0/24/2.1
UW COPY
Authorized Representative Date
Page 1 (Continued on next page)
Policy Expiration Date: 10/27/12
INFORMATION PAGE (Continued)
Policy Number: 72 WEC DL7637
3. A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the
states listed here: CA
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A.
The limits of our liability under Part Two are:
Bodily injury by Accident $1, 000, 000 each accident
Bodily injury by Disease $1, 000, 000 policy limit
Bodily injury by Disease $1, 000, 000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any , listed here:
ALL STATES EXCEPT ND, OH, WA, WY, AND
STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE.
D. This policy includes these endorsements and schedule:
WC 99 00 O5 WC 00 04 22A WC 04 03 03 WC 99 03 02B WC 04 03 01A
SEE ENDT
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating
Plans. All information required below is subject to verification and change by audit
Premium Basis
Classifications Total Estimated Rates Per Estimated
Code Number and Annual $100 of Annual
Description Remuneration Remuneration Premium
(SEE ATTACHED SCHEDULES)
CA TERRITORIAL DIFFERENTIAL PREMIUM 9684 (1.100) 154
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 1,698
EXPENSE CONSTANT (0900) 150
TOTAL ESTIMATED STATE SURCHARGE 105
TERRORISM (9740) 229,000 .030 69
TOTAL ESTIMATED ANNUAL PREMIUM 2,022
Total Estimated Annual Premium: $2, 022
Deposit Premium: $2, 022
Policy Minimum Premium: $500 CA (INCLUDES INCREASED LIMIT MIN. PREM. )
Interstate/Intrastate Identification Number:
Labor Contractors Policy Number:
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 10/24/11
NAICS:
SIC: 8611
UIN:
NO. OF EMP: 000004
Page 2
Policy Expiration Date: 10/27/12
F1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OFFICERS AND DIRECTORS COVERAGE/EXCLUSION
ENDORSEMENT - CALIFORNIA
Policy Number: 72 NEC DL7637 Endorsement Number:
Effective Date: 10/27/11 Effective hour is the same as stated on the Information Page of the policy.
o Named Insured and Address: LA QUINTA CHAMBER OF COMMERCE
0
r
� 78275 CALLE TAMPIO STE B
.n7 LA QUINTA, CA 92253
0
N
� If the employer named in Item 1 of the Information Page is a private corporation whose officers and directors are the
0
� sole shareholders, this policy applies to all such officers and directors, as employees, except those excluded below or
0
N named as excluded in Item 4 of the Information Page.
Officers and Directors Excluded Title
NONE NONE
c
Countersigned by
Form WC 04 03 03 (t) Printed in U.S.A.
Process Date: 10 / 2 4 / 11
Authorized Representative
Policy Expiration Date: 10/27/12
t�
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WORKERS COMPENSATION BROAD FORM ENDORSEMENT
r` Policy Number: 72 WFC DL7637 Endorsement Number:
Effective Date: 10/27/11 Effective hour is the same as stated on the Information Page of the policy.
N Named Insured and Address: LA QUINTA CHAMBER OF COMMERCE
78275 CALLE TAMPIO STE B
LA QUINTA, CA 92253
Section I of this endorsement expands coverage provided under WC 00 00 00.
Section Ilof this endorsement provides additional coverage usually only provided by endorsement.
Section III of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
INDEX
SUBJECT
PAGE
SECTION 1
2
PARTS ONE and TWO
2
01 We Will Also Pay
2
PART -THREE
2
02 How This Insurance Works
2
PART - SIX
2
03 Transfer of Your Rights and Duties
2
04 Liberalization
2
SECTION II
2
VOLUNTARY COMPENSATION INSURANCE
2
05 Voluntary Compensation Insurance
2
A. How This Insurance Applies
2
B. We will Pay
3
C. Exclusions
3
D. Before We Pay
3
E. Recovery From Others
3
F. Employers' Liability Insurance
3
EMPLOYERS' LIABILITY STOP GAP COVERAGE
3
06 Employers' Liability Stop Gap Coverage
3
A. Stop Gap Coverage Limited Montana, North Dakota, Ohio, Washington,
3
West Virginia and Wyoming
B. Part One does not Apply
3
C. Application of Coverage
3
D. Additional Exclusions
3
E. West Virginia
3
SECTION III
4
07 Schedule of Covered States
4
Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) Pagel of 4
Process Date: 10/24/11 Policy Expiration Date: 10/27/12
02000, The Hartford
SECTION I
PARTS ONE and TWO
PART THREE
1. WE WILL ALSO PAY 2.
How This Insurance Applies
D. We Will Also Pay of Part One (WORKERS'
Paragraph 4. of A. How This Insurance
COMPENSATION INSURANCE); and
Applies of Part 3 (Other States Insurance) is
E. We Will Also Pay of Part Two (EMPLOYERS'
replaced by the following:
LIABILITY INSURANCE) is replaced by the
4. If you have work on the effective date of this
following:
policy in any state not listed in Item 3.A. of the
We Will Also Pay
Information Page, coverage will not be
afforded for that state unless we are notified
We will also pay these costs, in addition to
other amounts payable under this insurance,
within sixty days.
as part of any claim, proceeding, or suit we
defend:
PART SIX
1. reasonable expenses incurred at our 3.
Transfer Of Your Rights and Duties
request, INCLUDING loss of earnings;
C. Transfer Of Your Rights and Duties of Part 6
2. premiums for bonds to release
(Conditions) is replaced by the following:
attachments and for appeal bonds in bond
Your rights or duties under this policy may not
amounts up to the limit of our liability
be transferred without our written consent.
under this insurance;
If you die and we receive notice within sixty
3. litigation costs taxed against you;
days after your death, we will cover your legal
4. interest on a judgment as required by law
representative as insured.
until we offer the amount due under this 4.
Liberalization
law; and
If we adopt a change in this form that would
5. expenses we incur.
broaden the coverage of this form without extra
charge, the broader coverage will apply to this
policy. It will apply when the change becomes
effective in your state.
SECTION II
VOLUNTARY COMPENSATION AND EMPLOYERS'
to work in a state shown in Item 3.A. of the
LIABILITY COVERAGE
Information Page.
5. Voluntary Compensation Insurance
3. The bodily injury must occur in the United
States of America, its territories or
A. How This Insurance Applies
possessions, or Canada, and may occur
This insurance applies to bodily injury by
elsewhere if the employee is a United
accident or bodily injury by disease. Bodily
States or Canadian citizen, or otherwise
injury includes resulting death.
legal resident, and legally employed, in the
1. The bodily injury must be sustained by any
United States or Canada and temporarily
officer or employee not subject to the
away from those places.
workers' compensation law of any state
4. Bodily injury by accident must occur
shown in Item 3.A. of the Information
during the policy period.
Page. -
5. Bodily injury by disease must be caused
2. The bodily injury must arise out of and in
or aggravated by the conditions of the
the course of employment or incidental
officer's or employee's employment.
Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00) Page 2 of 4
The officer's or employee's last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease
must occur during the policy period.
B. We Will Pay
We will pay an amount equal to the benefits
that would be required of you as if you and
your employees were subject to the workers'
compensation law of any state shown in Item
3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.
C. Exclusion
This insurance does not cover:
1. any obligation imposed by workers'
compensation or occupational disease law'
or any similar law.
2. bodily injury intentionally caused or
aggravated by you.
3. officers or employees who have elected
not to be subject to the state workers'
compensation law.
4. partners or sole proprietors not covered
under the Standard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
Before we pay benefits to the persons entitled
to them, they must:
1. Release you and us, in writing, of all
responsibility for the injury or death.
2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the right
to recover from others.
If the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages from
you or from us for the injury or death, our duty
to pay ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it.
Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00)
If the persons entitled to the benefits of this
insurance make a recovery from others, they
must reimburse us for the benefits we paid
them.
F. Employers' Liability Insurance
Part Two (Employers' Liability Insurance)
applies to bodily injury covered by this
endorsement as though the State of
Employment was shown in Item 3.A. of the
Information Page.
This provision 5. does not apply in New Jersey or
Wisconsin.
EMPLOYERS' LIABILITY STOP GAP COVERAGE
6. Employers' Liability Stop Gap Coverage
A. This coverage only applies in Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers' Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers' Liability Insurance)
applies in the states, shown in Paragraph A.,
as though they were shown in Item 3.A. of the
Information Page.
D. Part Two, Section C. Exclusions is changed
by adding these exclusions.
This insurance does not cover;
5. bodily injury intentionally caused or.
aggravated by you or in Ohio bodily injury
resulting from an act which is determined
by an Ohio court of law to have been
committed by you with the belief than an
injury is substantially certain to occur.
However, the cost of defending such
claims or suits in Ohio is covered.
13, bodily injury sustained by any member of
the flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to
penalty because of default in premium
under the provisions of the workers'
compensation law or laws of a state
shown in Paragraph A.
E. This insurance applies to damages for which
you are liable under West Virginia Code Annot.
S 23-4-2.
Page 3 of 4
SECTION III
7. SCHEDULE OF COVERED STATES
A. This endorsement only applies in the states
listed in this Schedule of Covered States.
C. Schedule of Covered States:
CA
Countersigned by
Form WC 99 03 02 B Printed in U.S.A. (Ed. 8/00)
B. If a state, shown in Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement
will apply to this policy. The coverage will
apply in the new state on the effective date of
the state approval.
Authorized Representative
Page 4 of 4
t�
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT TO WORKERS' COMPENSATION BROAD FORM
ENDORSEMENT- EMPLOYERS' LIABILITY STOP GAP COVERAGE
Policy Number: 72 WFC DL7637 _ Endorsement Number:
Effective Date: 10/27/11 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: LA QUINTA CHAMBER OF COMMERCE
78275 CALLE TAMPIO STE B
LA QUINTA, CA 92253
This endorsement changes the Workers' A. This coverage only applies in North Dakota,
Compensation Broad Form Endorsement — Ohio, Washington, and Wyoming
Employers' Liability Stop Gap Coverage
6. Employers' Liability Stop Gap Coverage
Form WC 99 03 58 B Printedin U.S.A (Ed. 7/08)
Process Date: 10/24/11
E. This paragraph is removed.
Policy Expiration Date: 10/27/12
PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS W111D b
PLEASE READ YOUR POLICY CAREFULLY
THIS IS A CLAIMS MADE POLICY COVERAGE FORM AND UNLESS OTHERWISE PROVIDED HEREIN, THE
COVERAGE OF THIS FORM IS LIMITED TO LIABILITY FOR CLAIMS FIRST MADE DURING THE POLICY
PERIOD, OR THE EXTENSION PERIOD, IF APPLICABLE. DEFENSE COSTS SHALL BE APPLIED AGAINST
THE RETENTION.
No. NBP1660164B
ITEM I. PARENT ORGANIZATION AND PRINCIPAL ADDRESS
LA QUINTA CHAMBER OF COMMERCE
78276 CALLE TAMPICO, SUITE B
LA QUINTA, CA 92263
Effective Date: 09/03/2011
12:01 AM STANDARD TIME
ITEM II. POLICY PERIOD: (MO. DAY YR.) From: 09/03/2011 To: 09/0312012
Coverage Part A: Non Profit Directors and Officers Liability
ITEM III. LIMITS OF LIABILITY
a. Non Profit Directors & Officers $1,000,000 EACH CLAIM
b. Non Profit Directors & Officers $1,000,000 IN THE AGGREGATE
ITEM IV. RETENTION: $1,000 EACH CLAIM
ITEM V. PREMIUM: $1,238
Coverage Part B: Employment Practices Liability
ITEM III. LIMITS OF LIABILITY
a. Employment Practices
$1,000,000 EACH CLAIM
b. Employment Practices
S1,000,000 IN THE AGGREGATE
ITEM IV. RETENTION:
$5,000 EACH CLAIM
ITEM V. PREMIUM:
S450
ITEM VI. Coverage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue:
See Endorsement EOD (01195)
Page 1 Of 1
POLICY NUMBER: NBP1560164B BUSINESSOWNERS
BP 04 02 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS
OF PREMISES
This endorsement modifies insurance provided under the fd1ming:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE*
Name of Person or Organization:
Effective Date: 091=2011
The City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Designation of Premises
*Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations
A. The following is added to Paragraph C. WHO IS
AN INSURED in Section 11 - Liability:
4. The person or organization shown in the Schedule
is also an insured, but only with respect to liability
arising out of the ownership, maintenance or use
of that part of the premises leased to you and
shown in the Schedule.
B. The following exclusions are added to Section II -
Liability:
This insurance does not apply to:
1. Any 'occurrence" that takes place after you cease to
be a tenant in the premises described in the
Schedule.
2. Structural alterations, new construction or demolition
operations perfored by or for the person or
organization designated in the Schedule.
BP 04 02 07 02 ISO Properties, Inc., 2001
BUSINESSOWNERS GENERAL LIABILITY COVERAGE PART DECLARATIONS
Policy No. NBP1550164B Effective Date: 09/03/2011
12:01 AM STANDARD TIME
`: ilTw11TS O� #NSURANCE `` `'
Liability and Medical Expenses $1,000,000
Medical Expense (per person) $5,000
Damages To Premises Rented To You (Any One Premises) $100,000
Hired and Non -owned Auto Each Occurrence Included
Hired and Non -owned Auto Aggregate Included
An Aggregate Limit of Liability applies to this Coverage as defined in SECTION II - LIABILITY, paragraph DA. of the
Businessowners Coverage Form.
'- LOPATIONS,GF.ALL�PREMISES;YO�U9 OWN; RENT OR UCCUPY_, ... _" ... _
Location Address Territory
1 78275 Calle Tampico, Suite B, La Quinta, CA 92253 012
.PRWILI I IOWPOTATIOR
Rate Advance Premium
oc Classification Code No. Premium Basis Pr/Co All Other PrlCo All Other
1 Non -Owned & Hired Automobile Liability- Non Profit 90099 Flat 0.000 225.000 $0 $225
Organization
1 Additional Insured- Designated Person 49950 1Per Additional 0.000 50.000 $0 $50
Insured
1 Additional Insured - Managers or Lessors of 49950 6 Per Additional 0.000 50.000 $0 $300
Premises Insured
1 Additional Insured - Mortgagee, Assignee or Receiver 49950 1 Flat 0.000 0.000 Included Included
1 Chamber of Commerce- Not -For -Profit only 41668 2,000 Per 1,000 Total 0.000 280.498 $0 $561
Area
MINIMUM PREMIUM FOR GENERAL LIABILITY COVERAGE PART: $450
TOTAL PREMIUM FOR GENERAL LIABILITY COVERAGE PART: $1,136
(This Premium maybe subject to adjustment.) MP -minimum premium
Coverage Form(s)/Part(s) and Endorsement(s) made apart of this policy at time of issue:
See Form EOD (01195)
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD.
InClu0e5 Copyngnleo macena1 of IOU w...... ei nix ���.����. „� r„......._._... Page 1 Of 1
BPL150 (02109) Copyright, ISO Commercial Risk Services, Inc., 1983, 1984, 1988