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23I075 - Luis Azarcoya
CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) DJ SERVICES FOR SPECIAL EVENTS LUIS AZARCOYA DBA SOUTHERN CALIFORNIA DJ COMPANY Luis Azarcoya, Owner socaldj@ymail.com DJ/MC Services for various Parks & Recreation Department Special Events $10,000 + $5,000 = $15,000 March 1, 2023 - October 30, 2025 N/A Luis Azarcoya, socaldj@ymail.com Parks & Recreation Nicholas S. Gonzalez, Director / Ext. 8277 N/A 23I075 2 Yes Yes Pending Department N/A No N/A N/A N/A 05/07/2025 Janet Burns, Administrative Specialist Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 55575.18100\42913029.1 Page 1 of 5 (BB&K 2024) AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT 23I075 BETWEEN THE CITY PALM SPRINGS AND LUIS AZACOYA DBA SOUTHERN CALIFORNIA DJ COMPANY 1. Parties and Date. This Amendment No. 2 to the Contract Services Agreement 23I075 is made and entered into as of this 21th day of May, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Luis Azarcoya, dba Southern California DJ Company a Sole Proprietor (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement 23I075” dated March 22, 2023, “Agreement” for the purpose of retaining the services of Contractor to provide DJ services to City in an amount not to exceed $5,000 and a term of March 1, 2023 to March 1, 2025. 2.2 First Amendment. City and Contractor entered into Amendment No. 1 to the Agreement, dated June 3, 2024, for the purpose of additional compensation and extending the term. 2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement for the purpose of additional Scope of Work, add compensation, and extend the term. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 Changes. of the Agreement. 3. Terms. 3.1 Amendment. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.1 Compensation of Contractor “Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “C.” The total amount of Compensation shall not exceed $15,000.” “Exhibit “A” is hereby deleted in its entirety and replaced with revised Exhibit A Scope of Work, and Exhibit C attached hereto and incorporated herein by reference.” 3.2 Amendment Section 4.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated in accordance with Section 4.5 of this Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 55575.18100\42913029.1 Page 2 of 5 (BB&K 2024) Agreement, this agreement shall continue in full force and effect for a period of 2 years and 7 months, commencing on March 1, 2023, and ending on October 30, 2025, unless extended by mutual written agreement of the parties.” 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 55575.18100\42913029.1 Page 3 of 5 (BB&K 2024) SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT 23I072 BETWEEN THE CITY PALM SPRINGS AND LUIS AZACOYA DBA SOUTHERN CALIFORNIA DJ COMPANY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: ____________________________ Signature Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ Jeff Ballinger Brenda Pree City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 5/22/2025 5/22/2025 5/27/2025 5/27/2025 5/27/2025 55575.18100\42913029.1 Page 4 of 5 (BB&K 2024) EXHIBIT A REVISED SCOPE OF SERVICES Contractor will provide DJ/MC services for the Parks & Recreation Department for various special events. I. SCHEDULE OF EVENTS Contractor will provide services at the following events, with dates, times, and locations as detailed below: EVENT DATE LOCATION TIME Dip into Summer (Memorial Day event) May 24, 2025 Swim Center 11:00 AM – 6:00 PM (7 hours) 4th of July July 4, 2025 Swim Center 2:00 PM – 9:30 PM (7.5 hours) VillageFest Halloween October 30, 2025 Corner of Palm Canyon & Tahquitz Canyon (VillageFest location) 6:00 PM – 9:30 PM (3.5 hours) Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 55575.18100\42913029.1 Page 5 of 5 (BB&K 2024) EXHIBIT C SCHEDULE OF COMPENSATION The following are the fees for service payment. Contractor will provide the following equipment/services as quoted on the rental estimate, and detailed below. EVENT EQUIPMENT/SERVICES DESCRIPTION FEES Dip into Summer Audio equipment, lighting and 2 wireless microphones 50% Deposit $475.00 Payment $475.00 Total Payment $950.00 4th of July Audio equipment, lighting and 2 wireless microphones 50% Deposit $497.50 Payment $497.50 Total Payment $995.00 VillageFest Halloween Audio equipment, lighting, 2 wireless microphones, and 2 tops for Halloween event. 50% Deposit $250.00 Payment $250.00 Total Payment $500.00 SPECIAL EVENTS TOTAL COSTS Dip into Summer $950.00 4th of July $995.00 VillageFest Halloween $500.00 Grand Total $2,445.00 Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$161.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:LUIS AZARCOYA DBA: Owner:LUIS AZARCOYA Mailing Address:43775 PIONEER AVE HEMET, CA 92544 License Number:OC-005598-2024 Expiration Date:02/28/2026 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:43775 PIONEER AVE, HEMET, CA 92544 Business Description:DJ & MC TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) COMBINED SINGLE LIMIT $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MEDICAL EXPENSE $EACH OCCURRENCE $DAMAGE TO RENTED PREMISES COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/30/2025 Joseph Guerrero (800) 364-2433 (818) 980-1595 support@rvnuccio.com Fireman's Fund Insurance Company 21873 Southern California DJ Company 43775 Pioneer Ave Hemet , CA 92544 A 4 4 UST020148240 1,000,000 100,000 5,000 1,000,000 2,000,000 4 2,000,000 4 ADJA054755 5/11/2025 5/11/2026 A 5/11/2026 1,000,000 ADJA054755 5/11/2025 4 4 UST020148240 4 Additional Insured: City of Palm Springs and Palm Springs Parks & Rec Department Description: City and Community events in various City of Palm Springs locations. Start Date: 05/11/2025 End Date: 05/10/2026 Start Time: 12:00am End Time: 12:00am City of Palm Springs and Palm Springs Parks & Rec Department 401 Pavillion W Palm Springs ,CA 92262 Joseph Guerrero Axis Insurance Company 37273 10148 Riverside Drive Toluca Lake, CA 91602 DOXA Programs, LLC DBA R.V. Nuccio & Associates Insurance Brokers Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Additional Insured - Managers or Lessors of Premises - CG 20 11 04 13 Policy Amendment(s) Commercial General Liability Insured: Producer: Policy Number: Effective Date: This endorsement modifies insurance providedunder the following: Commercial General Liability Coverage Part Schedule Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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 and subject to the following additional exclusions: This insurance does not apply to: 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman’sFund Insurance Companies as named in the policy Secretary President CG2011 4-13 Insurance ServicesOffice, Inc., 2012 Page 1 of 2 City of Palm Springs and Palm Springs Parks & Rec Department 401 Pavillion W Palm Springs ,CA 92262 Southern California DJ Company UST020148240 5/11/2025 to 5/11/2026 Certificate Number:ADJA054755 R.V. Nuccio & Associates Insurance Brokers, Inc. Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - 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. CG2011 4-13 Insurance ServicesOffice, Inc., 2012 Page 2 of 2 Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Certificate of Exemption from Workers’ Compensation Insurance TO: City of Palm Springs ATTN: City Clerk and Risk Manager SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor partnership corporation with a sole shareholder single member Limited Liability Corporation Other ________________________________________ 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 laws or regulations. ____________________________ Risk Management Approval: Contractor Signature _______________________________ ____________________________ Printed Name of Contractor _______________________________ ____________________________ Date Company Name ____________________________ Date Docusign Envelope ID: 7CBEFAFA-3488-4FA3-B849-438FF7D2633B Luis Azarcoya X 5/22/2025 Southern California DJ Company 5/22/2025 Jeremy Hammond CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) DJ Services for Special Events Luis Azarcoya Luis Azarcoya, Owner socaldj@ymail.com provide as-needed DJ services for special events & programs $5,000 + $5,000 = $10,000 March 1, 2023 through July 31, 2025 N/A Luis Azarcoya, socaldj@ymail.com Recreation Jasmine Sullivan-Waits N/A 23I075 1 No Yes Yes Procurement N/A No N/A N/A N/A June 3, 2024 Jasmine Sullivan-Waits DocuSign Envelope ID: CEFF2856-BE80-4115-9E8E-3C022F8F1EDA Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT 23I075 BETWEEN THE CITY PALM SPRINGS AND LUIS AZARCOYA DBA SOUTHERN CALIFORNIA DJ COMPANY 1. Parties and Date. This Amendment No. 1 to the Contract Services Agreement 23I075 is made and entered into as of this 3rd day of June, 2024, by and between the City of Palm Springs (“City”) and Luis Azarcoya dba Southern California DJ Company, a Sole Proprietor, (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “Contract Services Agreement 23I075” dated March 22, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide as-needed DJ Services for special events for an amount not to exceed $5,000 and a term of March 1, 2023 to March 1, 2025. 2.2 Amendment. The City and Contractor desire to amend the Agreement to add compensation and extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement. 3. Terms. 3.1 Compensation of Contractor. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: “Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $10,000.” 3.2 Term. Section 4.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 2 years and 5 months, commencing on March 1, 2023, and ending on July 31, 2025, unless extended by mutual written agreement of the parties.” 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever DocuSign Envelope ID: CEFF2856-BE80-4115-9E8E-3C022F8F1EDA Page 2 of 3 Revised: 10.31.23 the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: CEFF2856-BE80-4115-9E8E-3C022F8F1EDA Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND LUIS AZARCOYA DBA SOUTHERN CALIFORNIA DJ COMPANY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: CEFF2856-BE80-4115-9E8E-3C022F8F1EDA 6/3/2024 6/4/2024 CONTRACT ABSTRACT Contract prepared by: Submitted on: 03/23/23 By: Jasmine Sullivan-Waits Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Southern California DJ Services Luis Azacoya, DJ Services for Special Events & Programs No to exceed $5,000 Special Event Account 1004500-70045 March 1, 2023, through March 1, 2025 Contract Administration Lead Department: Contract Administrator: Department of Parks and Recreation Jasmine Sullivan-Waits Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A # A9408 Contract Compliance Exhibits: Signatures: Insurance: Bonds Completed N/A DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 1 of 16 CONTRACT SERVICES AGREEMENT # A9408 DJ SERVICES FOR SPECIAL EVENTS THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 22, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and , a Luis Azarcoya, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a Luis Azacoya, for DJ Services (“Project”). B. Contractor has submitted to City a proposal to provide DJ Services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 2 of 16 1.3 Licenses and Permits. Contractor 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. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $5,000. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 3 of 16 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 2 year, commencing on March 1, 2023, and ending on March 1, 2025, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor 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 after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 4 of 16 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Luis Azarcoya, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee 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; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor 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. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 5 of 16 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Luis Azarcoya Owner 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 6 of 16 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 7 of 16 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 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. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 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. 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. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 8 of 16 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in 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, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 9 of 16 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Luis Azarcoya, Owner Southern California DJ Co. 43775 Pioneer Ave Hemet, CA 92544 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 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 shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 10 of 16 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 11 of 16 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND LUIS AZARCOYA IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 3/24/2023 3/28/2023 Revised 2.9.22 Page 12 of 16 EXHIBIT “A” SCOPE OF SERVICES/WORK Contractor to provide DJ services and all equipment required for various special events and programs throughout the city. Schedule of Fees Promoter will charge a fee of $125 per hour for all events and programs. And Schedule of Performance As needed for special events and programs. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 13 of 16 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 14 of 16 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required _________ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 15 of 16 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Revised 2.9.22 Page 16 of 16 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Southern California DJ Company Hemet , CA 9254443775 Pioneer Ave ADJA053679 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) COMBINED SINGLE LIMIT $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MEDICAL EXPENSE $EACH OCCURRENCE $DAMAGE TO RENTED PREMISES COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/16/2022 R.V. Nuccio & Associates Insurance Brokers, Inc. Robert V. Nuccio (800) 364-2433 (818) 980-1595 10148 Riverside Drive support@rvnuccio.com Toluca Lake, CA 91602 The American Insurance Company 21857 Southern California DJ Company 43775 Pioneer Ave Hemet , CA 92544 A A 4 4 UST020148200 UST020148200 1,000,000 100,000 5,000 1,000,000 2,000,000 4 2,000,000 4 4 ADJA053679 ADJA053679 5/10/2022 5/10/2022 5/10/2023 5/10/2023 1,000,000 4 4 Additional Insured: Palm Springs Parks & Rec Dept Description: 4th of July Swim Center event Start Date: 7/4/2022 End Date: 7/4/2022 Start Time: 2:00pm End Time: 11:00pm Palm Springs Parks & Rec Dept 401 Pavillion Way Palm Springs ,CA 92262 Robert V. Nuccio DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 Additional Insured - Managers or Lessors of Premises - CG 20 11 04 13 Policy Amendment(s) Commercial General Liability Insured: Producer: Policy Number: Effective Date: This endorsement modifies insurance providedunder the following: Commercial General Liability Coverage Part Schedule Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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 and subject to the following additional exclusions: This insurance does not apply to: 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman’sFund Insurance Companies as named in the policy Secretary President CG2011 4-13 Insurance ServicesOffice, Inc., 2012 Page 1 of 2 Palm Springs Parks & Rec Dept 401 Pavillion Way Palm Springs ,CA 92262 Southern California DJ Company UST020148200 5/10/2022 to 5/10/2023 Certificate Number:ADJA053679 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - 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. CG2011 4-13 Insurance ServicesOffice, Inc., 2012 Page 2 of 2 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 AMERICAN DISC JOCKEY ASSOCIATION, INC. COMMERCIAL PACKAGE POLICY GENERAL CHANGE ENDORSEMENT Master Policy Number: Memorandum Number: Endorsement Effective Date: Endorsement Sequential Number: National Program Administrator: R.V. Nuccio & Associates Insurance Brokers, Inc. 10148 Riverside Drive Toluca Lake, CA 91602 Issuing Company: The American Insurance Company 1465 N. McDowell Blvd Petaluma, California 94954 Nationwide Claims: 1-888-347-3428 Nationwide: 1-800-567-2685 I. MEMORANDUM HOLDER NAME AND ADDRESS (MEMORANDUM HOLDER MEANS NAMED INSURED) A. Memorandum Holder: B. Street Address: C. City: D. State: E. Zip Code: II.COVERAGE PERIOD Inception Date 12:01A.M. to Expiration Date 12:01A.M. Standard Time at the Named Insured’s address as stated above. III.BUSINESS TYPE Disc Jockey IV.TYPE OF ENDORSEMENT A.Addition B.Deletion C.Change V. TOTAL AMOUNT DUE OR PAYABLE Additional Amount Due Return Amount Due By _________________________________________ Date Issued: Form Number: ADJUWS003E Authorized Representative 01/01/2014 ADJUWS003E.DOC © Copyright 2014. All rights reserved. R.V. Nuccio & Associates Insurance Brokers, Inc. 05/16/2022 05/16/2022 05/16/2022 5/10/2022 5/10/2023 $0.00 UST020148200 ADJA053679 1 Southern California DJ Company 43775 Pioneer Ave Hemet CA 92544 4 Robert V. Nuccio Total Premium $0.00 New/Changed Coverages and Premiums Detailed Policy changes are listed on the following page. 4 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 GENERAL CHANGE ENDORSEMENT Continued From Previous Page Endorsement Number 1 font size =61/font Tell us about the Additional Insured:100% font size =62/font Tell us about the event:100% Name Palm Springs Parks & Rec Dept Street 401 Pavillion Way City Palm Springs State CA Zipcode 92262 Email jasmine.waits@palmspringsca.gov Phone 760-416-5665 Event Information:100% Start Date 7/4/2022 End Date 7/4/2022 Start Time 2:00pm End Time 11:00pm Event Description 4th of July Swim Center event Describe the services you are providing DJ/MC pool side at Swim Center Marker for the owning submission 8df75624-1f85-4fa8-9a09-380f0c7dcdc1 font size =63/font What are the specific Additional Insured requirements?:100% Additional Insured Wording (Optional) Does your Additional Insured require special endorsements?No Add Primary/Non-Contributory Endorsement (Additional Cost)n/a Add Waiver of Subrogation Endorsement (Additional Cost)n/a My AI requires a specific Additional Insured Endorsement Form n/a Please Select Required Form:100% Select Required AI Form CG 20 11 01 96 - Manager or Lessors of Premises CG 20 26 07 04 - Designated Person or Organization CG 20 10 04 13 - Owners, Lessees, or Contractors Owners, Lessees, or Contractors - CG 20 10 Manager or Lessors of Premises - CG 20 11 State or Governmental Agency - CG 20 12 Designated Person or Organization - CG 20 26 Lessor of Leased Equipment - CG 20 28 Administrative Options:100% Additional Insured Endorsement Wording Certificate Holder Only n/a Additional Insured Endorsement Premises Changes to Policy (Endorsements) DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 R.V. NUCCIO & ASSOCIATES, INC. • 10148 RIVERSIDE DRIVE • TOLUCA LAKE • CA • 91602 • 818-980-1413 DISC JOCKEY/KARAOKE JOCKEY/VIDEO JOCKEY ANNUAL INSURANCE QUOTE APPLICANT INFORMATION Applicant Name: Date: Proposed Coverage Dates: Client ID#: POLICY INFORMATION LIMIT COST $ $ $ $ $ $ $ General Liability Premium AD&D/Accident Medical Expense Premium Property/Equipment Premium Media Library Premium Crime Premium RVNA, Inc. Additional Insured Charge RVNA, Inc. Loss Payee Charge RVNA, Inc. Corporate Charge State Guarantee/State Surcharges $ TOTAL ANNUAL COST $ If you wish to purchase this exclusive insurance product, please log in at www.djinsuranceinminutes.com NOTES This is a quotation only. Prices are subject to change without notice. Quotation is subject to online completion of the application and underwriting approval. It is the insureds responsibility to read the policy. A Sample Policy is available online at www.djinsuranceinminutes.com. Licensing information available upon request. Policy is underwritten by an A+ rated insurance carrier. Unless otherwise disclosed in your quotation letter, our professional fees are normally based upon a commission, which is calculated by applying a percentage against the collected premium and paid to us by an insurance company. Additionally, RVNA may receive compensation from an insurance company which is based upon premium volume, growth and loss experience. After you have reviewed your quotation letter, you have no obligation to purchase insurance from us. Should you ultimately choose to do so, you are agreeing to all of the charges displayed within your quotation letter. $ Southern California DJ Company 5/10/2022 to 5/10/2023 $1,000,000 $5,000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1803930 05/16/2022 Not Covered Not Covered 0.00 0.00 Not Covered 0.00 DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 NATIONAL ALLIANCE OF SPECIAL EVENT PLANNERS, INC. MEMBERSHIP CERTIFICATE This Certificate of Membership certifies that the person or entity named below is a member in good standing of the National Alliance of Special Event Planners, Inc. and therefore, is granted access to the Resources and Benefits made available to the general membership by the Association at NASEP.ORG. Date of Certification: Member ID Number: Member Name: Member Street Address: Authority granting this Certificate: National Alliance of Special Event Planners, Inc. Executive Director 11/12/2011 NASEPMEM001.DOC Southern California DJ Company , DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42 BROKER OF RECORD MEMORANDUM Date: Regarding: Designated Broker of Record Applicant Name: Company Name: Mailing Address: To Whom It May Concern: R.V. Nuccio & Associates Insurance Brokers, Inc. is hereby designated as our insurance Broker of Record, effective as of the date of this Broker of Record Memorandum, for the procurement and handling of our DJ/KJ/VJ Company insurance needs. This Broker of Record Memorandum supersedes any other outstanding Broker of Record letter or Broker Of Record designation you may have on file. This Broker of Record is authorized by: 05/16/2022 Southern California DJ Company , Luis Azarcoya Luis Azarcoya DocuSign Envelope ID: 02905D42-7D14-42D7-9279-EE65EAD60C42