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HomeMy WebLinkAboutA7219 - SCENE CREATIVE LLCAMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR SCENE CREATIVE, LLC This Amendment No. 1 ("Amendment") to the CONTRCT SERVICES AGREEMENT Agreement") is hereby entered into this ay of FebGt, , 2019, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), and SCENE CREATIVE, LLC ("Contractor"). Recitals A. On September 15, 2018, the City of Palm Springs ("City") and Contractor entered into an Agreement for Event and Project Management Services (Initial Agreement) for the Palm Springs Public Arts Commission 30th Anniversary Celebration ("Project"). B. Based on its experience, education, training, and reputation, Contractor was selected provide the necessary services to City for the Project. C. The City s Public Arts Commission would like to increase the scope of the Initial Agreement to have Contractor perform additional services until the end of the Fiscal Year. NOW, THEREFORE, the City and Contractor hereby agree as follows: Agreement 1. Exhibit "A" of the Agreement shall incorporate Attachment 1 (Exhibit Al), and be revised as follows: Contractor shall provide additional services as provided in Exhibit Al." 2. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Amendment on the date first set forth above. SCENE CREATIVE, LLC THE CITY OF PALM SPRINGS Contractor") City") B : B AllYY: Ntardh Scheideman Davi= nag d , sq., Ph.D Citye Approved as to Form: Attest: Edward Kotkin ony Me a City Attorney City Clerk ORIGINAL BID APPROVED BY CITY COUNCIL 960599.2 C w,a, a`t l° AIMANp1GRAGREEMENT ATTACHMENT 1 Exhibit Al —Scene Creative Scope of Work 960599.2 Exhibit Al Scene Creative,LLC Scope of Services/Work Project Description: 30th Anniversary Proiects Scene Creative to continue working with the Palm Springs Public Arts Commission through monthly public arts engagements and community art projects,facilitating educational and creative projects with and for the general public(youth and adult).See List of Scheduled Projects below.Additionally,Scene Creative to coordinate and manage community involvement projects while also consulting on art projects,materials,and curation. Scene Creative to bill City at$35/hour for 60 hours per month over the term of January 1—June 30,2019. Total amount of contract not to exceed$12,600. List of Scheduled Proiects: January: PSHS Art Class Art Institute Gallery Exhibit February: Modernism Week Art Interaction and Installment Palm Springs Fine Art Fair March: Palm Springs Annual Art Show preparation and curation Plein Air Art Activity(date pending) April: Palm Springs Annual Art Shows preparation and curation NUSA Art Exhibit preparation and curation Palm Springs Art Museum Public Art Awareness Activities(date pending) May: Installation of Palm Springs Annual Art Show NUSA Art Exhibit and Tour June: Deinstallation and management of Palm Springs Annual Art Show Palm Springs Art Museum Public Art Awareness Activities(date pending) 960599.2 DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 09/25/2016 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 have ADDITIONAL INSURED provisions or 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 NAME:NTACT 1st Community Insurance Services 1st Community Insurance Services aIc No Ext: FAX No): PO Box 2408 E-MA service@cisps,comADDRESS: INSURER(S)AFFORDING COVERAGE NAIC fF Palm Springs CA 92263 INSURERA: Evanston Insurance Company 35378 INSURED INSURER B: Scene Creative LLC INSURER C: 39615 Kirkwood Ct INSURER D: INSURER E: Rancho Mirage CA 92270 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018-2019 Liability 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. I TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIOLICYEFFODYLIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE F OCCUR PREMISES Ea occurrence S 100,000 MED EXP(Any one person) $ 5,000 A Y 3AA166281 04/01/2018 04/01/2019 PERSONAL&ADV INJURY S EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 X POLICY PRI-JECT F LOC PRODUCTS-COMP/OP AGG $ INCLUDED OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB HCLAIMS-MADE AGGREGATE DED I I RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named as additional insured if indicated by"Y"above. Additional insured status applies only to the extent that the work is performed under or subject to a written agreement or contract. The policy provisions govern in all situations. Palm Springs Public Art Commission 30th Anniversary Celebration event,("Project")10/14/18. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Palm Springs,its officials,employees and agents ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E.Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER:3AA166281 MARKET EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $500 (Check box if fully earned.®) A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are obligated by valid written contract to provide such coverage, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to the additional insured shown in the Schedule of this endorsement for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured,the following is added to limits of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Certificate of Exemption from Compensation TO: City of Palm Springs ATTN. City Clerk and Risk Manager SUBJECT.• Sole Proprietor/Pa rtnershiplClosely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor partnership closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with any such la or regulations. n/ Risk Management Approval; Co ctor Sign ure Sarah Scheideman Printed Name of Contractor io/z/zoia t Date . Date Policy no.:3AA166281 4. Other Insurance 3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and b)Paragraph b. below applies. If this insurance is The total of all deductible and self primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other . 4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c.below. described in this Excess Insurance b. Excess Insurance _ provision and was not bought specifically to apply in excess of the, Limits of Insurance 1) This insurance is excess over: shown in the Declarations of this Coverage a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains,whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute III) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a..We will compute all premiums for this iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. autos"or watercraft to the extent not subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. 2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A o"r B-to defend the information we need for premium the insured against any "suit" if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 Insurance Services Office, Inc.,2012 CG 00 01 04 13