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Old Towne Coffee Co/Library Srvcs 1478495 CALLE TAMPICO 760.777.7000 LA. QUINTA, CA 92253 June 9, 2014 Ms. Marcie Johnson Old Town Coffee Company 78100 Main .Street, Suite 107 La Quinta, CA. 92253 . RE: Contract for Services Dear Ms. Johnson: This letter will memorialize a Contract for Services between Old Town Coffee Company ("Consultant") and the City of La Quinta ("City") for beverage service at the La Quinta Library. The Consultant shall provide professional services as specified in the attached Scope of Work (Exhibit "A"). Costs for services shall be paid in , accordance with the attached Schedule of Compensation (Exhibit "B"). The Consultant is an independent contractor, not an employee, and the Consultant is not entitled to any benefits of employment. 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 losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused 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 Contract for Services. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, the County of Riverside, and the Library Systems and Services, Inc., and any and all of their 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, GEM of the DESERT Ms. Marcie Johnson Old Town Coffee Company Contract for Services — Beverage Services June 2014 Page 2 of 6 whether actual, alleged or threatened, including attorney's fees and costs; court costs, interest, defense costs, and expert witness fees), 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 Contract for Services by Consultant by any individual or entity for which Consultant is legally liable, including- but not limited to officers, agents, employees or subconsultants of Consultant. Consultant shall, at all times during the term of this Contract for Services, maintain and keep in full force and effect, the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than Al: VI: Commercial general liability at least as broad as ISO CG 0001 (per occurrence) $1,000,000 (General aggregate) $2,000,000 Commercial auto liability at least as broad as ISO CA 0001 (per accident) $1,000,000 Workers' compensation Statutory All. insurance required by this section shall apply on a primary basis. Consultant agrees that it will not cancel or reduce said insurance coverage. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Contract for Services or, if insurance is available at a reasonable cost, City may take, out the necessary insurance and pay, at Consultant's expense, the premium thereon. Auto liability insurance shall cover owned, nonowned and hired autos. If Consultant owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy. At all times during the term of this Contract for Services, Consultant shall maintain on file with City a certificate of insurance, in a.form acceptable to City, showing that the aforesaid policies are in effect in the required amounts. The. general liability, policy shall contain or be endorsed to contain a provision including the Indemnified Parties as additional insureds. Consultant shall promptly file with City such certificate or certificates and endorsements if applicable. Coverage for the additional insureds shall apply to the fullest extent permitted by law. Ms. Marcie Johnson Old Town Coffee Company Contract for Services — Beverage Services June 2014 Page 3 of 6 No policy required by this section shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the Indemnified Parties. All insurance coverage and limits provided by Consultant and available or applicable to this Contract for Services are intended to apply to the full extent of the policies. Nothing contained in this Contract for Services limits the application of such insurance coverage. The City and Consultant may at any time, for any reason with or without cause suspend or terminate this Contract for Services upon the issuance of a thirty (30) day notice by the City. Upon receipt of such notice, the Consultant shall cease all work under this Contract for Services. The City shall pay the Consultant for services. performed up to the time of termination' and all work products shall be provided to the City. This Contract for Services shall commence on May 5, 2014 and shall remain and continue ,in effect until tasks are completed or it is terminated, but no later than June 30, 2015, without written approval of the City Manager. This term may be extended for a period of one year with a written amendment approved and executed by both parties. Should you find this Contract for Services acceptable, please sign both original copies where indicated below and return to me. An original fully -executed copy of this Contract for Services will be forwarded to you. Sincerely, Timothy R. Jon on Acting City Manager/ ' Engineer I APPROVED AS TO FORM: ATTEST: WILLIAM H. IHRKE SUSAN MAYSELS City Attorney City Clerk Ms. Marcie Johnson Old Town Coffee Company Contract for Services — Beverage Services June 2014 Page 4 of 6 AGREED AND ACCEPTED: Dated:C-;x2[OQ L OLD TOWN COFFEE COMPANY, INC. Its: Rol-) �� Ms. Marcie Johnson Old Town Coffee Company Contract for Services - Beverage Services June 2014 Page 5 of 6 Exhibit A Scope of Services The Consultant shall-, 1) Provide a coffee cart at the Library that will serve a variety of coffees, teas, protein shakes, and a variety of baked goods including muffins and scones. Service will be provided as follows: May through September - 3 days (Monday, Wednesday, Friday) October through April - 5 days (Monday through Friday) 2) Beverage -Services will start at 10 a.m. and close at 2 p.m. The coffee cart will be closed and securely stored at the Library when not in operation. Ice will be provided by Old Town Coffee Company for iced drinks. 3) All Health Department requirements and inspections will be completed and kept up to.date. Any health inspection issues will be corrected immediately. The City shall: 1) Provide a 220 volt electrical outlet at a location agreed upon by Old Town Coffee Company and the City. Ms. Marcie Johnson Old Town Coffee Company Contract for Services — Beverage Services June 2014 Page 6 of 6 Exhibit B Old Town Coffee Company will not be compensated for this service provided to Library users. Theprices for beverages and baked goods will be the same price as sold at the Old Town Coffee Company location in Old Town La Quinta. ok TLD 7-16-14 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 07/11 /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 CONTACT NAME: Thomas Contopulos(9968311) 73880 Alessandro Dr # B HO AIC No EXt : 760-836-1519 ac No): A DRIESS: tcontopulos@farmersagent.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Truck Insurance Exchange 21709 Palm Desert CA 92260-3633 INSURED INSURERS: Farmers Insurance Exchange 21652 INSURER c: Mid Century Insurance Company 21687 OLD, TOWN COFFEE COMPANY, INC INSURER D : 78100 MAIN ST STE 102 INSURER E : INSURERF: LA QUINTA CA 92253 1 COVERAGES CERTIFICATE NUMBER- RFVIRIAN NIIMRFR- 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 ADDL SUER Wvp POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR DAMAGE -TO RENTED PREMISESS Ea occurrence) $ 75,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 B X X 094256209 04/11/2014 04/11/2015 GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-- COMP/OP AGG $ 1,000,000 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIABF CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- A AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? FYI .N / A A09277783 02/15/2014 02/15/2015 TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 78100 MAIN ST STE 102, LA QUINTA, CA 92253 Coverage to be extended to: 78275 Calle Tampico, La Quinta, CA 92253 The certificate holder below is to be named as additional insured on this policy per attached form B00402187. The Waiver of Subrogation and Primary Insurance endorsement also apply. In respect to the Worker's Compensation policy both proprietors, Merwyn Tyer and Marcie Kjosa, are excluded from coverage. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF LA QUINTA COMMUNITY SERVICES DEd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 78495 CALLE TAMPICO I ACCORDANCE WITH THE POLICY PROVISIONS. LA QUINTA CA 92253 AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The-ACORD name and logo are registered marks of ACORD Policy: 094256209 E0002 Is"Edition THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Name Of Additional Insured Person(s) City of La Quinta Or Organization(s): Community Services Dept, its employees, officials, agents and member agencies Location Of Covered Operation(s): 78278 Calle Tampico La Quinta, CA 92253 Effective Date Of Endorsement: �07/11/14 If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The BIISINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in paragraph B. of this endorsement, the following exclusions are added to paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: 1. "Bodily injury" or "property damage" for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2. 'Bodily injury" or "property damage" occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or re- pairs performed by you or on your behalf have been completed; or b. The portion of your ongoing operation out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. But in no event shall this insurance apply to "bodily injury" or "property damage" arising out of your operations that were completed prior to the effective date of this endorsement. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional in- sured(s) of your ongoing operations performed by that additional'insured. 4. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured(s); E00021s` Edition Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 2 b. Property in the care custody or control of the additional insured(s) or over which the additional in- sured(s) exercise physical control; or c. Any work including materials, parts or equipment furnished in connection with such work which is per- formed for the additional insured by you. B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on "your" behalf on the scheduled project in the per- formance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3. The acts or omissions of such additional insured(s) in connection with its general supervision of such op- erations. C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Pro- gram providing one or a series of policies designed to.cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: With respect to the additional insured described in paragraph B. of this endorsement, Section H. Other Insur- ance is replaced by the following: H. Other Insurance 1. Primary and Non Contributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and non con- tributory ONLY to any insurance issued directly to the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and non contributory basis; b. Such written contract or written agreement referenced in a. above was executed prior to the is- suance of this endorsement; C. The additional insured designated herein has a policy with an Other Insurance provision making this policy excess; and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise sub- ject to all the terms of the policy. E0002 Vt Edition Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE R5AD IT CAREFULLY. .F A R M E R S E4006 ist Edition WAIVER OF SUOROGATION Ihis endorsement modiiims insuranoe provided under the rollowirrg: 1ASINE9SOWNERS POLICY Vith respect to coverage provided by this endamentent, the provisions of tho Coveiage Form apply unless modified by the endorsement. remises Person(s) or 10, Organiaatioli(s) 1. City of La Quinta Comm. Services Dept. 78495 Calle Tampico La Quinta, CA 92253 Iiis waiver of suhrogauolt applies only: 1. to the pwron(s) ororganization(s); and Z• for the insured's opentlons at the designated location r,hotvn in tho above Schedule. We� waive ally right to recovery we may have against ;any peson or organizaflon because of payments allder the SwInessmiers Liability Coverage Form. SCHEDULE' i'reii3t`ses Address 78275 Calle Tampico, La Quinta, CA 92253 This andorsement Is 1?art of youf policy. It supej:se:des and controls an}dhing to thr. conlrory. It is otherwise subject to all the leans of the policy 1 (r2lst Century Insurance PERSONAL AUTO POLICY DECLARATION Named Insured and Mailing Address AARONJOHNSON MARCIE KJOSA 52755 AVENIDA RUBIO LA QUINTA, CA 92253-3325 (ehicle(s)fand Driver(s)° _ 'Ohl Yea Make/Model Vehicle ID Number. 1 12 WA OPTIMA LX 5XXGM4A77CG02678: 2 12 CADILLAC CTS-V 1 G6DV1 EP2C0133297 RENEWAL EFFECTIVE 07/07/14 Account: 21ST CENTURY INSURANCE Customer Service Center: 21st CENTURY INSURANCE 21ST CENTURY PLAZA P.O. BOX 15510 WILMINGTON, DE 19850-5510 Policy No: 2117 18 22 Policy Period: From 07/07/14 To: 01/07/15 12:01 AM Standard Time Use Vehicle Discounts/Comments Zip Mileage P MCD 9225311,204 P MCD 922531 6,000 tk- Years gel% Rated;Driver Tickets Chargeable Accidents: Dryer Discounts Licensed 2 AARON JOHNSON 29 0 GDD\SD5 1 MARCIE KJOSA 31 0 GDD\SD5 ;OVERAGE IS PROVIDED WHERE A PREMIUM AND A LIMIT OF LIABILITY ARF SHOWN FnR THE cnVFRAr,F Coverage L"imrt-bf,1LiabIhty r � Premwrn Veh 1 ,Veh 2 _ A. Bodil Inury Liability $50, 000 each person includes 0. 8. per vehicle fraud fee $100, 000 each accident $ 112.00 $ 45.00 B. Property Damage Liability $50 000 each accident $ 68.00 $ 66.00 C. Medical Payments $5 000 each person 29.00 17.00 Uninsured Motorist $50, 000 each person D. Bodily Injury $100, 000 each accident $ 25.00 $ 20.00 DAMAGE TO YOUR VEHICLE Veh 1 Veh 2 $ 55.00 $ 167.00 Actual Cash Value Less Deductible Ded. Ded. E. Comprehensive $1, 000 $1, 000 F. Collision $1, 000 $1; 000 $ 149.00 $ 280.00 Uninsured Motorist D1. Propeft Damage DED WAIVE DED WAIVE $ 6.00 $ 6.00 21 st Century G.. Roadside Assistance $75 each disablement Included Included Rental Per day H. Reimbursement max J. Additional Equipment Included $1, 000 $1, 000 The first $1000 is automatically Additional_ included with coverage E or F. Total $1, 000 $1, 000 Additional coverage is optional. - $ 0.00 $ 0.00 Total Premium Per Vehicle $ 44.4.00 $ 601.00 IT the insimment Dui pian is used, a service charge may apply. Endorsement(s)/Agreement(s) Applicable: FPN-a (5/13) TCU-1 (02/14) TCU511CA (02/13) TCU531CA (02/12) AU CWF9 1011 Loss Payee (LP), Additional Insured (AI) Veh 1 LP Capital One Finance Veh 2 LP GATEWAY ONE LEANDING Total Premium $ 1,045.00 Drivers Not Rated 05/31 /14 Vice President WHEN ATTACHED TO THE PERSONAL AUTO POLICY, THESE DECLARATIONS COMPLETE THE POLICY AND REPRESENT THE CURRENT STATUS OF YOUR COVERAGES AND LIMITS OF LIABILITY. Visit 21st.com to make policy changes, pay your premium, and more. Register online today! For Customer Care call 1-800-241-1188. TCU41CA (12/11) 21st Century Insurance Companv. P.O. Box 15510. Wilminaton. DE 19886-5292