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Go Healthcare/Hold Harmless-Blood Pressure 2014INDEMNITY AND HOLD HARMLESS AGREEMENT This Indemnity Agreement and Hold Harmless ("Agreement") is hereby entered into by the City of La Quinta ("City") and The Foundation for Wellness Professionals, Inc./Go Healthcare ("Agency") as of January 28, 2014 through January 27, 2015. RECITALS f0E6 A. The Agency has proposed to provide.Blood Pressure Stress Screenings to seniors and other members of the community on a monthly basis at the La Quinta Senior Center ("Services"). B. The City wishes to have Agency provide the Services at a location where its senior citizens and other residents of the City can obtain this service. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties agree as follows: Section 1 The foregoing Recitals are true and correct and are hereby incorporated herein by this reference and are expressly made a part of this Agreement. Section 2 2.1 Agency shall defend, indemnify and hold harmless the City and its officers, employees, and agents (collectively, "Indemnified Parties") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the Agency's activities in the performance of the Services described in this Agreement, or to the Agency's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Indemnified Parties. 2.2 In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of the Agency, the Agency shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties on an ongoing monthly basis their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. 2.3 In addition, the Agency shall be obligated to promptly pay any final judgment or portion thereof rendered • against the Indemnified Parties. Revised 5-29-12 Section 3 3.1 Prior to the execution and throughout the duration of this Agreement, Agency shall maintain insurance in conformance with the requirements set forth below. Agency may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Agency shall have it amended to do so. Agency acknowledges that the insurance coverage and policy limits set forth in this Section 3.1 constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City in the event of a loss covered by this Agreement. Agency shall provide the following types and amounts of insurance: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non -owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Agency owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Agency or Agency's employees will use personal autos in any way on this project, Agency shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such. policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf," with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Agency, subcontractors or others involved in the provision of services under this Agreement. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Revised 5-29-12 E. 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. 3.2 Agency agrees to provide evidence of , the insurance required herein, satisfactory to the City, consisting of. (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to Agency's Commercial general liability policy using ISO Form CG 20 1.0 with an edition date prior to' 1988, which form shall include coverage for completed operations. The additional insured endorsement shall expressly name the City, . its officers, and employees as additional insureds on the policy (ies) as to commercial general liability coverages, and completed operations coverages, with respect to liabilities arising out of Agency's performance of the Services under this Agreement. 3.3 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Agency commencing performance of any of the Services described in this Agreement. The Foundation for Wellness, Inc./Go Healthcare ("Agency") Its: Grp 4--O-r, CITY OF LA QUINTA ("City") By: SIGNED IN COUNTERPART M. Katherine Jenson, City Attorney Revised 5-29-12 E. 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. 3.2 Agency agrees to provide evidence of the insurance required herein, satisfactory to the City, consisting of: (a) certificate(s) of insurance evidencing all of the coverages required and, (b) an additional insured endorsement to Agency's Commercial _ geneaa I- ability" policy using ISO -Form OG ZO i1 with an edition date prior to 998, which form shall include coverage for completed operations. The additional insured endorsement shall expressly name the City, its officers, and employees as additional insureds on the policy (ies) as to commercial general liability coverages, and completed operations coverages, with respect to liabilities arising out of Agency's performance of the Services.under this Agreement. 3.3 Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance, shall be delivered to City prior to Agency commencing performance of any of the Services described in this Agreement. The Foundation for Wellness, Inc./Go Healthcare ("Agency") Its: Gr-e- �. U CITY OF LA QUINTA -- ("City") SKGNE©-1N COUNTERPART Frank J. Spevacek, City Manager APPROVED AS TO By: f , u M. atherin�Je ity Attorney Revised 5-29-12 Allstate. YoWreok TLD 1-24-94 Ngoodhands. CERTIFICATE OF INSURANCE - COMMERCIAL ALLSTATE INSURANCE COMPANY - NORTHBROOIC IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE: Additional Insured Description of Operation: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to -Whom this Certificate is Issued Name and Address of Insured LA QUINTA SENIOR CENTER - JEFF STANSBERRY LA QU NTA,AVENCA LA 53-29FONDA 72880 FRED WARING DR LA QUZNTA, CA 92253-2934 PALM DESERT, CA 92260-9373 Location Address (if different than above) ............. ........ .... his.is.10 mrtify..that.policies.of.insurance.listed..below..bavebeen..issued.to..the..insurednamed..abave.subjectto..the.expiration.date.indicate.dbelow....................... notwithstanding any requirement, term. or cond Ilion of any contractor other document with respect to which this certificate may be issued or may pertain. The insurance. afforded by the policies described herein issubject to -all the terms, exclusions, and condifionsof such policies. ;.;.:.._ .••:'_. .`•:...; :..::--.. TVDC AC 11,I011r%AhlA- wwrf r rrr� BU114-3 -Policy Number: ' '648593869' ` Effective Date:' 04707-2013 Expiration Date: 04-07-2014 COVERAGE SUMMARY BUSINESS LIABILITY AMOUNT COMPREHENSIVE LIABILITY $ 1, 000, 000 Each Accidental Event FIRE and SPECIFIED PERIL LEGAL LIABILITY $ 50,000 Each Accidental Event MEDICAL PAYMENTS $ 10,000 Per Person PROPERTY INSURANCE POLICY TYPE': :.. :...: :.. SPECIAL FORM BROAD FORM BASIC.FORM .BUILDERS RISK SPECIAL FORM BUILDING ❑ Replacement Cost Q .'Actual Cash Value CONTENTS $ 75, 000 :.Q Replacement Cost ...F-] Actual Cash Value . Deductible $' 5do Wind Deductible'% o Exclude Wind 'E71 YES 0 NO ADDITIONAL COVERAGE'S: EQUIPMENT BREAKDOWN%.'' MORTGAGE CLAUSE — The policy contains -a Mortgage Clause in favor of: Mortgagee Address CERTIFICATE PERIOD THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OFTHE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES. POLICY INCEPTION DATE: 04-07-2013 ® 12:01AM 12:00NOON Standard Time at the locatlon of the Insured premises. PROVISIONS This form is not the contract of insurance, but attests that a policy as identified above has been issued. The provisions of the policy shall prevail in all respects. SHOULD THE ABOVE DESCRIBED:POLICYBECANCELLED BEFORE THE EXPIRA110HDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NO�10E TO THE CERTIFICATE HOLDER, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. MAX `OBI 01-03-14 Authorized Representative Date CI CW 01 01 10 Certificate Copy STANSBDC01 PSAYLOR . %. O CERTIFICATE OF LIABILITY INSURANCE `.� DIYYYY) 71,16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License # OF09643 Desert Empire Ins Services, Inc. 77564 Country Club Drive Suite 401 Palm Desert, CA 92211 NAME CT Penny J. Saylor, C.I.C. WINE PHONE 760 360-4700 "� No ; 760 360-4799 Ext : ( ) ( ) E-MAIL sa to dtem reins.com ADDRESS: Penn Y• Y �eserPi INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Causalty Co. of Reading, Penn. 20427 INSURED Jeffrey V. Stansberry, D. C. 72880 Fred Waring Drive, #D18 Palm Desert, CA 92260 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A DL SUBR POLICY NUMBER MOLIDY POLICY M UDC LIMITS GENERALLIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE PREMISES EaoORE EDence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICYE]JFCT 1-1 PRO LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT) $ UMBRELLA LIAR EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ® (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC 418317928 0611=013 06/18/2014 X WCSTATU- OTH- TORY LIMITS E E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of La Quinta P. O. Box 1504 La Quinta, CA 92247 t;ANt;tLLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Allstate. You m in good hands. CERTIFICATE OF INSURANCE - COMMERCIAL ALLSTATE INSURANCE COMPANY - NORTHBROOK, IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA11ON ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. INTERESTED PARTY TYPE: Additional Insured Description of Operation: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured LA QUINTA SENIOR CENTER JEFF STANSBERRY 78450 AVENIDA LA FONDA 72880 FRED WARING DR LA QUINTA, CA 92253-2934 PALM DESERT, CA 92260-9373 I Location Address (if different than above) . I This-is_to..certi.fy..that.policies..of..ins.urance.l fste.d..below_havebeen.. issue.d..to..the.. i nsured.named.above.su bject.to..the..expi ration.date.i nd i.Gated_below,-.........._............... notwithstanding any requi rement, term or cond ition of any contractor 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. TYPE OF INSURANCE AND HMITS Policy Number: 648593869 Effective Date: 04 - 07-2013 Expiration Date: 04-07-2014 COVERAGE SUMMARY BUSINESS LIABILITY AMOUNT COMPREHENSIVE LIABILITY $ 1,000,000 Each Accidental Event FIRE and SPECIFIED PERIL LEGAL LIABILITY $ 50,000 Each Accidental Event MEDICAL PAYMENTS $ 10,000 Per Person PROPERTY INSURANCE - OLICY-TYPE-- — — - -- --- -- - — - -- --- - -- ❑ SPECIAL FORM BROAD FORM ❑ BASIC -FORM BUILDERS RISK SPECIAL FORM BUILDING Replacement Cost Actual Cash Value 0 CONTENTS $ 75,000 [x-1 Replacement Cost ❑ Actual Cash Value Deductible $ 500 Wind Deductible % 0 Exclude Wind ❑ YES NO ADDITIONAL COVERAGE'S: EQUIPMENT BREAKDOWN MORTGAGE CLAUSE - The policy contains a Mortgage Clause in favor of: Mortgagee Ad d ress CERTIFICATE PERIOD THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OF THE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES. POLICY INCEPTION DATE: 04-07-2013 ® 12:01 AM 0 12:00 NOON Standard Time at the location of the Insured premises. PROVISIONS This form is not the contract of insurance, but attests that a policy as identified above has been issued. The provisions of the policy shall prevail in all respects. SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NONCE TO THE CERTIFICATE HOLDER, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. MAX JOHARTCHI 01-03-14 Authorized Representative Date BU114-3 CICW010110 Certificate Copy CERTIFICATE OF INSURANCE - COMMERCIAL ALLSTATE INSURANCE COMPANY - NORTHBROOK, IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. INTERESTED PARTY TYPE: Additional=nterested Party Description of Operation: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured CITY OF LA QUINTA 764a0 AVENIDA LA FONDA LA G'UTNTA , CA 92253-2934 This is to rertifv that nolioiesof insurance JEFL STANSBERRY 72680 "RED N'",RrNG Da PALM, DESERT, CA 92260-9373 I Location Address (if different than above) I to the insured named above sub iect to the exoi ration date indicated below, notwithstanding any requirement, term or condition of any contractor other document with respect to Mich this certificate Trey be issued or may pertain. The insurance afforded by the policies described herein is subject to all the terns, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS Policy Number: 648593869 Effective Date: 04-07-2013 Expiration Date: 04-01-201 1 COVERAGE SUMMARY BUSINESS LIABILITY AMOUNT COMPREHENSIVE LIABILITY $ 1,000,000 Each Accidental Event FIRE and SPECIFIED PERIL LEGAL LIABILITY s 50,000 Each Accidental Event MEDICAL PAYMENTS $ ? 0, Goo Per Person PROPERTY INSURANCE POLICY TYPE SPECIAL FORM ❑ BROAD FORM BASIC FORM BUILDERS RISK SPECIAL FORM BUILDING Replacement Cost Actual Cash Value CONTENTS $ 75, 000- x❑ Replacement Cost 0 Actual Cash Value Deductible $ 500 Wind Deductible % 0 Exclude Wind YES O NO ADDITIONAL COVERAGE'S: EQUIP;EN': BREAKDOWN MORTGAGE CLAUSE — The policy contains a Mortgage Clause in favor of: Mortgagee Address CERTIFICATE PERIOD THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OFTHE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES. POLICY INCEPTION DATE: 04-0 7-2013 5� 12:01 AM E 12:00 NOON Standard Time at the location of the Insured promises. PROVISIONS This form is not the contract of insurance, but attests that a policy as identified above has been issued. The provisions of the policy shall prevail in all respects. SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPO N THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Mkx JO LIN C:iI 01-03-I4 Aulhoriied Representative Date Cl CW 0101 10 Certificate Copy