LQ Chamber of Commerce 13PROFESSIONAL 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
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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
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,
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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.
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
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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, 2013 and
terminate on June 30, 2014. 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. John Pena, 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.
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
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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
(on the Commercial General Liability policy only) shall be delivered to and approved
by City prior to commencement of the services hereunder.
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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.
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 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.
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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.
8. 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 review all such coverage and assumes all responsibility for
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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
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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 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.
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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 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 2013, February 2014, and May 2014.
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
different times, of any other rights or remedies for the same default or any other
default by the other party.
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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.
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
14
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
Attn: Frank J. Spevacek
City Manager
78-495 Calle Tampico
La Quinta, CA 92253
To Consultant:
LA QUINTA CHAMBER OF COMMERCE
Attn: 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 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
15
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 •corporation
Frank p-r City Manager Date
ATTEST:
Susan Maysels, City CIA
APPROVED AS TO FORM:
t, -.:• •.
M. Katherine Jenson, City Attorney
LA OUINTA CHAMBER OF COMMERCE
By:
Name7j��2-j tA✓z�
Title: % ; "-J-� / C Z O
Date: 7 /3 hl
16
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
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
LA QUINTA CHAMBER OF COMMERCE
By:�i ' 1
Name: t�����c✓tom•-t/
Title: "D��s�c��✓ �Z
Date: -7/3 / CS
Date
Exhibit A
Scope of Services
FISCAL YEAR 2013/2014
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, 2015.
17
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, 2013
$31,875
October 29, 2013
$31,875
January 29, 2014
$31,875
April 29, 2014
$31,875
BN
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 2013
Second Report — February 2014
Third Report May 2014
19
Ok TL 77-16-13
Date Entered: 7/11/2013
Policy Number: MW1550164C
d CERTIFICATE OF LIABILITY INSURANCE
7/11/2013
7/il/2013
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 DISURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the cortiflicate holder Is an ADDITIONAL INSURED, the policy(bs) must be endorsed. N SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A stake wit on this LxrNBcao does not canter rights to the
certMmis holds in lieu of such endorsement(*).
PRODUCER XusR
Douglas W. Mots Insurance Agency, Inc.
43-875 Washington Street Ste A
Aa
•(760)200-0270 ;(760)365-5126
Aalisill
Don�lotsQyahoo. cons
Palm Desert, Ca 92211
-A4Dif:
OSImER(W AFFORDING COVERAGE NNC
A:UNIIWD STATES LIABILTY INSURANCE
WARPED LA QVINTA CRAIG= OF COMERCE
INSURER e:
019UIER c
ISURERD,
70275 CALLS TANPICO STS B
_
osullERE:
LA QUINTA, CA 92253
RaURERF:
COVERAGES CERTIFICATE NUMBER: 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 REOUIREMENT, 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.
Lm
TYPE OF INSURANCE
POUCY NUMBER
VI
LDIte
A
GENERAL LIABILITY
�TEROAL GENERALLIFBARY
WMS-ANDE ®OCCUR
X
NBP1550164C
9/02/2013
9/03/2034
EACH OCCURRENCE
$1, 000, 000
LMEMS REA in
j100,000
MED EXP (Airy one PBrson)
b5, 000
PERSONLL A ADV INUIRY
j1,0001000
GENERAL AGGREGATE
$2, 000, 000
GFNI. AGGREGATE
POLICY
LIMIT APPLIES
PRD
PER:
LOC
PRODUCTS-COMROP AD,
$1,000,000
j
AMOMOm WLBIDTY
ANYALTO
AIRO AUTOBU�
HIiEDAUTOS ALTOS
fS, 1,00P1
6001LYINIURY(Psrw.)
j
BODILY INJURY (Pet Arslaaml
j
j
j
„'�^" •llA9
EIICESS DAB
OLCUn
IXAIMG-MADE
EACH OCCURRENCE
f
AGGREGATE
$
DED RETENTION f
$
ROm(ERBCDIo'EmA
AND EMPLOYEie DAB L"
ANY RROMIET6VPMTNER'EIO=CUTiVE a
OFFXERMEMBER EXO-UDEOT
I1�mlreAANw I� m)
DESC W�TION OFOPERATIONSOelow
NIA
WCSTA OTH
EL EACH ACCIDENT
L
E.L. DISEASE - EA EMPLOYEE
1 F
E.L. DISEASE POLICY UMIT
IS
OL UPl10N OF OPERI1BOImII.00Al1ONB/VENICLF3! IMACIACORDIW.AAAA IRaawb aCIMdYTA N 1r1PLP Lpr,P h,q,eM
Certificate Holder Listed as Additional Insured
CITY OF LA QUINTA
PO BOX 1504
LA QUIIITA CA 92253
ACORD 25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
RBRESFNTAMYE
The ACORD name and logo are registered marks of ACORD
Pr001Aztl Laing Forma Base Plus sottirm w Fa $Bgssaan; LnPrm P hft W0 2(I8-1977
NOP15501646
—` Renewai of Number
POLICY. DECLARATIONS
No. NBP1550164C
United States Liability Insurance Company
1190 Devon Park Drive, Wayne, Pennsylvania 19087
A Member Company of United States Liability Insurance Group
NAMED INSURED AND ADDRESS:
LA QUINTA CHAMBER OF COMMERCE
78276 CALLE TAMPICO, SUITE B
LA QUINTA, CA 92253
POLICY PERIOD: (MO. DAY YR.) From: 09/0312012 To: 09/03/2013
FORM OF BUSINESS: Non Profit Organization
BUSINESS DESCRIPTION: Chamber Of Commerce
THIS POLICY CONSISTS OF THE FOLLOWING COVEI
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
Businessowners Liability Coverage Part
Businessowners Property Coverage Part
Businessowners Optional Coverage Part
Professional Liability Coverage Part
TOTAL:
A
I Coverage Form(s) and Endorsement($) made a part of this policy at time of issue
See Endorsement EOD (1/95)
1201 A.M. STANDARD TIME AT YOUR
MAIUNGADDRESS SHOWN ABOVE
PREMIUM
$886.00
$50.00
$222.00
$1,688.00
W848.00
Agent: BURNS & WILCO%, LTD. (SAN DIEGO, CA) (1047) Issued: 09N01=2
I)NO Chesapeake Dr., Suite 2DO
San Diego, CA 02123
Broker. W, Mote Insurance Agency, Inc.
Aulhorined Repress
THESE oBuARATIONS TOw"wK rm THE comet POLICY cmMMNs, COVERAGE PART DEc ARAMON5, COVFRAOF PART COWERAOS
UPD(08-07) FORM(S) AND FORMS AND EDWSgWNTs, IFANY, OWED TO FORMA PART THEREOF, COMPUITHTHE ABOVE NUMBERS POUC.Y.
EXTENSION OF DECLARATIONS
Policy No. NBP16601W 211leefta Date: 0910=012
12D1 AM STANDARD TIME
FORMS AND ENDORS®II OM
The following farms apply to multiple coverage parts
Endt# Revised Description of Endorsements
BP0003
07/02
Businessowners Coverage Form
BP0417
07/02
Employment -Related Practices Exclusion
BPO419
07/02
Amendment - Liquor Liability Exclusion - Exception For Scheduled
Activities
SP-103
01/08
Exclusion Of War, Military Action And Terrorism
BP-107
04/08
Actual Cash Value Definition
SPA 1
05/04
Exclusion - Fiduciary Liability And Financial Services
BP-115
07/08
Protective Devices Or Services Provisions
BP-118
08108
Callfomia Charges
BP-124
07/D8
Evert Limitation Endorsement
SP-145 NPP
06110
Blanket Additional Insured Endorsement
BP-16
07104
Business Income And Extra Expense Limit
13P-152
08110
Separation Of Insureds Clamcation Endorsement
BP-17
11/08
Hired Auto And Non -Owned Auto Liability
BP-31
05104
Absolute Earth Movement Exclusion
BP-48
02/05
Exclusion -Asbestos, Lead Contamination, Absolute Pollution, Mold,
Fungus, Bacteria, Virus And Organic Pathogen
BP-49
11/07
Absolute Exclusion For Pollution, Organic Pathogen, Silica, Asbestos
And Lead
BP52
05107
Exclusion For Injury To Performers, Entertainers, And Participants
BP58
05/07
Animal Exclusion
BR-59
03/04
Exclusion - Athletic Activity Or Sport Participants
BP-60
05/07
Exclusion For Bleacher Collapse
BP55
0507
Exclusion For Mechanical Rides
BP-78
08109
Additional Exclusions
BP-
05/04
AmendmentOf Conditions - Insurance Under Two Or More Coverages
BP-90
07/06
Amendatory Endorsement
BP-95
05107
Exclusion For Climbing, Rebounding And Interactive Games And
Devices
BP-96
05/07
Exclusion For Firearms, Fireworks And Other Pyrotechnic Devices
SP-97
05/07
Exclusion For Event Vendor/Exhibitor & Contractor
DO-100
04/07
Coverage Part A. Non Profit Directors and Officers Liability
DO-101
04/07
Coverage Part B. Employment Practices Liability
00-211
01194
Insurance Program Exclusion Endorsement
DO-253
05/11
Data & Security Endorsement
00-291
01111
Excess Beneft Transaction Excise Tax Endorsement
DO -CA
02/01
Caltfomia State Amendatory Endorsement
L-610
11104
Expanded Definition Of Bodily Injury
L-622
07/08
Abuse Or Molestation Exclusion
Ail aher terms and condaroas remain unchanged. Page 1 at 2
EXTENSION OF DECLARATIONS
Policy No. NBP1560164C
FORMS AND ENDORSEMENTS
TRIADN
01108
NPP Jacket
09/10
USL-DOJ
03108
1201 AM STANDARD TIME
Disclosure Notice of Terrorism Insurance Coverage
Non Profit Package Policy Jacket
Non Profit Professional Liability Common Conditions
All drhar Leans and oondlrhmW r0min unanengaa.
2 of
JUL-li)-ZUIJ IUL H:dl PM wiIN FA'h IPo 1D0'J'4'J J'Icu r-uva
13USINESSOWNERS PROPERTY COVERAGE PART DECLARATIONS
Policy No. NBP1550164C Effective Date: 09/03/2012
1201 AM STANDARD TIME
Poem Bldg Locafioa, Construction, Occupancy and Ofher/nfbrmefion
1 1 TW5 Calla Tampico, Suite B, La QuInta, CA 92253
Description: Chamber Of Commerce
Covered Causes of Loss: Special
Construction; Frame
Special Deductible: None Special Deductible Type:
TemTory Fire Code
012 aim
Protection Class., 4
Square Footage; 2000
Limns of Coinsurance `o or
Pram Bldg Coverage Insurance Deddobble MorA1Uy Indemnity + Valvabon Premium
1 1 Business Income and Extra Expense $50,000 SO Included
1 1 Business Personal Property S10'em $1'000 RC S19
MINIMUM PREMIUM FOR PROPERTY COVERAGE PART: sw
TOTAL PREMIUM FOR PROPERTY COVERAGE PART: $50 MP
MP - mmimum premium
+ Valuation: ACV -Actual Cash Value; RC - Replacement Coat; FBV - Functional Building Value; AA - Agreed Amount
and
a
1HESE LIECIAHAYMS AIM PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED M
Includes copyrighted material of ISO Commercial Risk SeMoes, Inc, with its penrission.
RPP49n In9ml eyAwft" mn rt ^rrew Riar.q+ A of iM Imn tone loan
Pane t or t
JUL lb YUlii WE UJ:: ] NM I.tl WIZ l"A rvo rD
BUSINESSOWNERS GENERAL LIABILITY COVERAGE PART DECLARATIONS
Policy No. NBPISW164C Effective Date: 09/032012
1201 AM STANDARD TIME
Liability and Medical Expenses $1,000,000
Medical Expense (per person) $5,000
Damages To Prerrusee Rented To You (Any One Premises) $100,000
Hired and Non -owned Auto Each Occurrence Included
Hired and Norrowned 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.
1 78275 Calle Tampioo, Suite R La Quinta, CA 92253
Classification
Code No. Premium Basis
012
Rate Advance Premium
PVC0 AN Other PbCo AN Other
1 NarAmed & Hred Automobile Liability - Specially 90099 Flat 0.000 225.000 $0 $225
Product
1 BleadW AddiftrelInsured -Nat-PrOMPadMae 49950 1Flat 0.000 100.000 s0 SIOD
1 Chamber or Oommerm - Not -for -'raft only 41668 2,000 Per 1,0D0 Total 0.000 280.498 $0 S561
Area
MINIMUM PREMIUM FOR GENERAL LIABILITY COVERAGE PART: S460
TOTAL PREIIAUM FOR GENERAL LIABILITY COVERAGE PART: 5066
(this Premium may be subject to adjustment) MP -minimum premium
Coveralp Form(s)/Part(s) and Enclorsement(s) made a part of this policy at time of issue
See Fromm EGO M1195)
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND ME POLICY P61aom
Includes copy, lead material of ISO Commercial Risk Services, InQ, with its perm
BOL159102/091 Coowfaht. i90 Commercial Risk Services. Ina.. 198:i. 1984. 1988 Peas 1 Of 1
JUL lb-ZUld IUt Ud:�Z NM U.UiIN f-Xno IV TO4BOrc0 -u
BUSIN8SWINNERS OPTIONAL COVERAGE PART
DECLARATIONS
Policy No. NBP161f0164C Effeotive Date: 09l0=012
1201 AM STANDARD TIME
Loc 1 78275 Cal Is Tampico, Suite B, La Quinta, Riverside, CA, 92253
Insuring Agreements Limit of Irsuranoe Deductible
Employee Dishonesty $50,000 $500
Money Security Inside $600 $250
TOTAL PREMIUM FOR THIS COVERAGE PART:
012
Premlulr
$200
$22
$222
Coverage Forms)/Part(s) and Endasement(s) made a part of this policy at time of issue: See Endorsement EOD (01W
. M M M AeA1fnHQ AM Pao M THE Cnr N_Y nFE ARATIONS CONTAINNIS TW NAM OF THE 11131 RM Atm n E POLICY P6WOD.
Includes copyrighted mawal of ISO Commercial Risk Services, Inc., Its , win permission.
mcwtn/n4inut MnwrnM IAnfy—..,e W Ok-k .rW rn� 1QA2 4c" 1QNt Pace 1 of 1
UUL 10-ZUld IUL Ud:JZ I'M aIlk hAX No IbUU4'SYl'Y6 P UUIS
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. NBP1550164C
ITEM I. PARENT ORGANIZATION AND PRINCIPAL ADDRESS
LA QUINTA CHAMBER OF COMMERCE
78276 CALLS TAMPICO, SUITE B
LA QUINTA, CA 92253
Effective Date: 091=2012
1201 AM STANDARD TIME
ITEM If. POLICY PERIOD: (MO. DAY YR.) From: 09/03/2012 To: 09/03/2013
Coverage Part A: Non Profit Directors and Olricers 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:
ITEM V. PREMIUM:
$1,000
$1,238
Coverage Part B: Employment Practices Liability
ITEM III. LIMITS OF LIABILITY
EACH CLAIM
a Employment Practices $1,000,000 EACH CLAIM
b_ Employmert Practices $1,000,000 IN THE AGGREGATE
ITEM IV. RETENTION: $5,000 EACH CLAIM
ITEM V. PREMIUM: $450
ITEM VI. Coverage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue:
See Endorsement EOD (01W)
DO-150 (02109) page I ur
POLICY NUMBER: NBP1SS01640.
BUSINESSOWNERS
BP0402W02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS
OF PREMISES
Trds endwse rant wafts kmwce provided wider the falowing:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE*
Name of Pelson or Organization:
THE CITY OF LAQUINTA-
78495 CALLE t 0I6O
LAQUINTA CA 9220
Qesignation 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 tl -
. Liability:
This insurance does not apply to:
4. Any 'bccurrence" that takes place after you cease to
be a tenant in the premises described in the
Schedule.
2. Structural alterations, new conastru0don or demolition
operations perfored by or for the person or
organization designated in the Schedule.
BP 04 02 07 02 ISO Properties, Inc., 2001
37 (Policy Provisions: WC 00 00 00 B)
76
DL INFORMATION PAGE
WEC WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
INSURER: TWIN CITY FIRE INSURANCE COMPANY
ONE HARTFORD PLAZA, HARTFORD, CONNECTICUT 06155
NCCI Company Number., 14974
Company Code: 7
POLICYNUMBER: 172 WEC DL7637
Previous Policy Number: 172 WEC DL7637
HOUSING CODE: DX
1. Named Insured and Mailing Address: Ian 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
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 10/27/12 To 10/27/13
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 ANTONIO, TX 78265
Producer's Code: 181840
Issuing Office: THE HARTFORD
Suffix
LARS RENEWAL
O1
3600 WISEMAN BLVD.
SAN ANTONIO TX 78251
(866) 467-8730
Total Estimated Annual Premium: $2, 297
Deposit Premium: $2, 297
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 09/15/12
Authorized Representative Date
Form WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page)
Process Date: 09/15/12 Policy Expiration Date: 10/27/13
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 05 WC 00 04 21C WC 00 04 22A WC 04 03 03 WC 04 04 22
SEE ENDT
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating
Plans. All information reaulred below is sublect to verification and chance by audit.
Premium Basis
Classifications Total Estimated Rates Per Estimated
Code Number and Annual $100 of Annual
Descriotlon Remuneration Remuneration Premium
(SEE ATTACHED SCHEDULES)
CA TERRITORIAL DIFFERENTIAL PREMIUM 9684 (1.100) 198
CA SMALL POLICY CREDIT 9.00 PERCENT (9701) -196
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 1,983
EXPENSE CONSTANT (0900) 150
TOTAL ESTIMATED STATE SURCHARGE 93
TERRORISM (9740) 237,500 .030 71
TOTAL ESTIMATED ANNUAL PREMIUM 2,297
Total Estimated Annual Premium: $2,297
Deposit Premium: $2,297
Policy Minimum Premium: $500 CA (INCLUDES INCREASED LIMIT MIN. PREM. )
Interstatelintrastate Identification Number:
Labor Contractors Policy Number:
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 09/15/12
NAICS:
sic: 8611
UIN:
NO. OF EMP: 000004
Page 2
Policy Expiration Date: 10/27/13
SCHEDULE OF OPERATIONS
This Schedule of Operations forms a part of the policy effective on the inception date of the policy unless another date is
indicated below:
INSURER: TWIN CITY FIRE INSURANCE COMPANY
Company Code: 7
Policy Number: 72 WEC DL7637 Schedule Number: 01-04-01
Effective Date: 10/27/12 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Location Address of operations covered by this schedule:
LA QUINTA CHAMBER OF COMMERCE
78275 CALLE TAMPIO STE B
LA QUINTA _ CA 92253
NAICS:
FEIN: 950653584 UIN: SIC: 8611 NO. OF EMPL: 000004
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
8742
80,900
.90
728
SALESPERSONS - OUTSIDE
6810
156,600 .80
1,253
CLERICAL OFFICE EMPLOYEES-N O C
TOTAL CLASS PREMIUM
11981
CA TERRITORIAL DIFFERENTIAL PREMIUM 9684 1.100
198
CA SMALL POLICY CREDIT 9.00 PERCENT (9701)
-196
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM
1,983
EXPENSE CONSTANT (0900)
150
CA SURCHARGE 2.285
PERCENT
50
USER FUNDING ASSESSMENT 0.9669
PERCENT
21
FRAUD ASSESSMENT 0.2648
PERCENT
6
CA UNINSD EMPL BENEFIT TRUST FUND
0.1362 PERCENT
3
CA SUBSEQ INJ BENEFITS TRUST FUND
0.1255 PERCENT
3
CA OCCUP SAFETY AND HEALTH FUND
0.2350 PERCENT
5
CA LABOR ENFORCE AND COMPL FUND
0.2380 PERCENT
5
TERRORISM (9740)
237,500 .030
71
TOTAL ESTIMATED ANNUAL PREMIUM
2,297
Countersigned by
Authorized Representative
Form WC 99 00 05 (1) Printed in U.S.A.
Process Date: 09/15/12 Policy Expiration Date: 10/27/13