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HomeMy WebLinkAboutA7171 - KAMINSKY PRODUCTIONS Cityof PalmS rin s pg Department of Planning Services F0RN�P 3200 East Tahquitz Canyon Way • Palm Springs,CA 92262 Tel:760-323-8245 • Fax:760-322-8360 Web: www.palmspringsca.gov July 3, 2019 Mr. Ethan Kaminsky, Principal Kaminsky Productions 41-801 Corporate Way#8 Palm Desert, CA 92260 Re: Time Extension Letter - Agreement No. A7171 — Kaminsky Video Production Services —Stabilization of the Cornelia White Residence. Dear Ethan, The above referenced Agreement between Kaminsky Production, Inc., and the City of Palm Springs will expire on June 30, 2019, and in accordance with said Agreement, the term may be extended upon mutual consent of the City and the Contractor. The City desires to extend the contract expiration date by one (1) year, from June 30, 2019 to June 30, 2020. If you are in agreement with this time extension, kindly indicate so by signing below and returning two wet-signed copies to my attention. Thank you very much and I look forward to completion of the project. APPROVED BY CITY COUNCIL Please let me know if you have questions. A7`-7 1 Y Ken Lyon, RA, Associate City Planner/ Historic Preservation Officer I, Ethan Kaminsky, PrincipaA of Kaminsky Productions, Inc. hereby agree to extend the expiration date , bov - oted contract from June 30, 2019 to June 30, 2 D20./ �a (Signed, an Ka ' s , Principal, Kaminsky Productions, Inc.) Date: APPR PJ 11�Y tAN. CER APPROVED AS TO FORM :. :.. � A SOW T: A Clerk For Roadside Assistance: 800-531 -8555 Report a claim, get coverage and deductible information, request a tow from the accident scene, schedule an appraisal or reserve a rental car using: usaa.com, USAA's Mobile App, or By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or 800-531-USAA. California Evidence of Financial Responsibility This ID card is evidence of liability insurance for your vehicle. The card is valid only as long as liability insurance remains in force. Keep a copy of the ID card in your vehicle at all times. You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's license, following an accident, or upon a law enforcement officer's request. FCA1 Rem. 6-13 50781 -0513 02 ----------------------------------------------------------------------------- ------------------------------------------------------------------ b a c k CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Address of Insured NAIC 25968 California Evidence of Financial Responsibility ETHAN S KAMINSKY Keep this card. PO BOX 10712 PALM DESERT CA 92255-0712 IMPORTANT: The California Financial Responsibility Act (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject to the requirements of the Financial Responsibility Act to carry evidence of financial responsibility in the vehicle at all times. Under vehicle code (Section 16028) every driver f involved in an accident must provide evidence of o financial responsibility at the scene. Failure to comply is I an infraction and shall be punishable by fines, ETHAN S KAMINSKY d impoundment or license suspension. KRISTIN JEAN KAMINSKY Insurance Company USAA CASUALTY INSURANCE COMPANY Policy Number Effective Date Expiration Date Additional copies available at usaa.com 00626 33 06C 7103 0 07/06/19 01/06/20 Vehicle Make/Vehicle Identification Number Year. CHEV 1 GNSCBKC2HR298861 2017 CONTACT US:210-531-USAA(8722) This policy provides at least the minimum amounts of liability insurance OR 800-531-USAA required by the CA VEH CODE SECTION 16056 for the specified vehicle and named insureds and may provide coverage for other persons and other vehicles as provided by the insurance policy. 9800 Fredericksburg Road, San Antonio, Texas 78288 For Roadside Assistance: 800-531 -8555 Report a claim, get coverage and deductible information, request a tow from the accident scene, schedule an appraisal or reserve a rental car using: usaa.com, USAA's Mobile App, or By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or 800-531-USAA. California Evidence of Financial Responsibility This ID card is evidence of liability insurance for your vehicle. The card is valid only as long as liability insurance remains in force. Keep a copy of the ID card in your vehicle at all times. You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's license, following an accident, or upon a law enforcement officer's request. FCA1 Rem. 6-13 50781 -0513 02 ----------------------------------------------------------------------------- ------------------------------------------------------------------ b a c k CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Address of Insured NAIC 25968 California Evidence of Financial Responsibility ETHAN S KAMINSKY Keep this card. PO BOX 10712 PALM DESERT CA92255-0712 IMPORTANT: The California Financial Responsibility Act (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject to the requirements of the Financial Responsibility Act to carry evidence of financial responsibility in the vehicle at all times. Under vehicle code (Section 16028) every driver f involved in an accident must provide evidence of 0 financial responsibility at the scene. Failure to comply is I an infraction and shall be punishable by fines, ETHAN S KAMINSKY d impoundment or license suspension. KRISTIN JEAN KAMINSKY Insurance Company USAA CASUALTY INSURANCE COMPANY Policy Number Effective Date Expiration Date Additional copies available at usaa.com 00626 33 06C 7103 0 07/06/19 01/06/20 Vehicle Make/Vehicle Identification Number Year MERCEDES WD3PE7DC1 F5982267 2015 CONTACT US:210-531-USAA(8722) This policy provides at least the minimum amounts of liability insurance OR 800-531-USAA required by the CA VEH CODE SECTION 16056 for the specified vehicle and named insureds and may provide coverage for other persons and other 9$00 Fredericksburg Road, San Antonio, Texas 78288 vehicles as provided by the insurance policy. 9 EXHIBIT "B"' INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and ®missions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:1/31/18 CERTIFICATE OF LIABILITY INSURANCE 47/10t201 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FOLDER 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 INBURENS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the cartlftcats holder Is an ADDITIONAL INSURED,the poltcyliegl Met be endon®d. It SUBROGATION IS WtA1VED,subject to the forms and conditions of the policy,curtain 11011682 May raquire an ondorsamont.A statoment on this cartlftcate does net confor dghta to the cOnIflcata 110101'in Hear of such andotsenmrWal. PRMUCIR J6HN FORD - FfAI3 5 R 79440 Corporate Centre Or Suite 1D)4 ewe °Ax roLa QUlfilj,CA 92253 4M -kamrq-GN0Eder.lt Wefarm.cam i IN R AsF *Ja co RAJc A rn6UReu � A:StRte Farm General In rs KAMINSKY PRODUCTIONS INC mrsuaEst a SWIV ELuM Mkrhml Autom bile In A PO BOX 10712 INSUMC: PALM DESERT,CA 92255-0712 auunatea: rnlu COVERAGES a F CERTIFICATE NUMBER. T REVISION NUMBER: 191S LS TQ CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLH:Y PERIOD INDICATED.NOTIMTHSTAADING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ahRl7i RESPECT TO iM1HtCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY 7NE POUCIFS DESCRIBED HEREIN IS SUBJECT TO ALL IK TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN RED IUCED BY PAID CLAIMS., m rME OP PINURANCa —X=Eaura ''OL'c A CMIERAL UARUN Uum Y X caaueata ar¢wuwuuuTY 90-CZ-K775 7 Oti0Jr2Di® 01111=01D EA0400CLIMaricc Is 2000,000 x CLAIUS. aE ®ocC„a ®R �sEs jE,ao�,adaLa a 1oo,e0a MED EXP(Arl m.oww 1 5.000 Pt3tlOnALLAGVIV-WY s Z000.000 4MERAL AGGMCATE ! 4,00GACO QErdL Ar30REOA7B UY.7 AAPUFS f�R: x Pwcy PRO. LOC AR r9•COW10-PAGG L 4.000.000 A AUTOIam.E Wrt3Urf L Y ANY AlJrO 90-CZ-K77g-7 ®9��r3018 t)91o3R099 s mans u L 2.00,000 AUfOS� D SOnrLy INJURY(fivpram) BOMLY CtdtURY Fw HAEDAUTQ$ X AUTO n. ( i r a Jl U6r8gEt.1A UA2 OCCUR L EYCEULtAL CLAws4vm EACH OCCURRENCE f iJt:D RETENnONf ' AGGRCOATE L FOFFICENEMBER URAa CIIrQYyrSAy�N ZNMDY LLAEaXm U �.— 9rAu. PRCOfiETORPART IPJEE%ECLMTJE Vim / .. EACLUDEW o NIA FL EACHALODERT ! tu+� r in Nrrt ` to CrSEASE•t A EMPLOYEE s a.aca4.uca. if F EL 0s15Asc.Pl OCY tart L tt13lCRPneH aP aPERATION!!lDCAT1ON3IVF�I1CtL!jAtf,rlf ACefiD 101,A1em�st Ramirw 3amdLk,,g won r0aca)s reQ68r,Q) The City Gf Palm SP(UVa.IL%OMdais,employees aril agents are named as additional Insured CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS SHOULD ANY OF TH&ABOVE DESCRIBED PDUCIE5 88 CANCELLED 85FOIM 3200 E.TAHQUITZ CANYON WAY ACCORDANCE EXPIRATION THE DATE PRoinsHMs vftLl BE DELIVERED RteD w PALM SPRINGS,CA 92262 AUTHOR=C��, n vJJt 4019W2010 ACORD CORPORATION. All rights reserved. ACORD 26(209O10S) The ACORD narno and logo am ragistered rna*z of ACORD 1001480 132D49.6 t1-15.2DIO 90-CZ-K775-7 007223 CMP•47861 Page 1 012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED--OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULEPolicy Number: 90-10Z-1<7754 Named Insured: KAMINSKY PRODUCTIONS INC PO SOX 1661 PALM SPRINGS CA 92263-1661 Name And Address Of Additional Insured Person Or Organization: CITY 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-%59 I. SECTION 11 — WHO IS AN INSURED of b. If coverage provided to the additional in- SECTION I1 -- LIABILITY is amended to in- sured is required by a contract or agree_ dude, as an additional insured, any person or ment the insurance organization shown In the Schedule, but onlyadditional insured will not be broader provided to r the respect to liability for "bodily injury than with `property damage", or"personal and advertis- that which you are required by the contract ing injury"caused, in whole or in part, by: or agreement to provide for such addition- a. Ongoing Operations al insured; and c, if the contract or agreement between you (1) Your acts or omissions;or and the additional insured is governed by (2) The acts or omissions of those acting California Civil Code Section 2782 or on your behalf; 2782,05, the insurance provided to the in the performance of your ongoing opera- additional insured is the lesser of that Pons for that additional insured; or which: b. Products—Completed Operations (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- "Your work" performed for that additional fornia Civil Code Section 2782 or insured and Included in the "products- 2782,05 for your sole liability; or completed operations hazard". (2) You are required by contract or However, Paragraph 1.above is subject to the agreement to provide for such addi- following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit additional insured under this endorsement un- ted by law; tit a claim or"suit' is tendered to us. 19 Ccpy101,State Farm Mutual Automobile Insurance Company,2013 Includes copyrighted materW cd Insurance Services office,Inc;wdh its permissicn CONTINUED i 9Q-CZ-K775.7 007223 M 7199 CMP478s.I Page 2 of 2 2. Any insurance provided to the additional in- (3) The nature and location of any injury sured shelf only apply with respect to a claim or damage arising out of the "occur- made or a "suit" brought for damages for rence'or offense: which you are provided coverage. b. Tender the defense and indemnity of any 3. VVdh respect to the insurance afforded to the claim or"suit" to us and to all other insur- additional insured, the following is added to ers who may have insurance potentially SECTION II—LIMITS OF:INSURANCE: available to the additional insured:and if coverage provided to the additional insured c. Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de- we will,gay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under SECTION It — a. Required by the contractor agreement; or EIABILITY. b. Available under the applicable Limits Of 5. With respect to the insurance afforded the ad- Insurance shown in the Declarations. ditional insured, the following replaces SEC- This endorsement shall o Insurance of SECTION 1 AND SECTION increase the a - TION It —LIABILITY of Paragra h 7. Other placable Limits Of Insurance shown in tl CTION it — Declarations. COMMON POLICY CONDITIONS: not 4. With respect to the insurance afforded to the a seek contribution from anThis insurance is y other insur to andlance additional insured, the following is added to available to the additional insured, provided Paragraph 3. Duties In The Event Of Occur- that the additional insured is a named in- rence, Offense, Claim Or Suit of SECTION sured under such other Insurance. 11--GENERAL CONDITIONS-. b. Regardless of any agreement between The additional insured must- you and the additional insured, this insur- e. See to it that we are notified as soar as ance is excess over any other insurance practicable of an "occurrence" or an of- whether primary, excess, contingent or on any other basis for which the additional in- fense which may result in a claim. To the extent possible, notice should include- sured has been added as an additional in- sured an other policies. (1) rence oh on and where took place;a "occur- There will be no refund of premium in the event this endorsement is cancelled, (2) The names and addresses of any in- CMp.4786.1 jured persons and witnesses; and All other policy provisions apply. 0. opyrighl State Farm Mulual Atitomobite Insurance Company 2013 Inckid C pynghted material of Insurance Sermces office,Inc„vinh its permiarat a 90-CZ-K775.7 007252 CMP-4787 Pape 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following BUSINESSOVVNERS COVERAGE FORM SCHEDULE Policy Number. 90-C2-K775.7 Named Insured, KAMINSKY PRODUCTIONS INC PAALM SPRINGS CA 92263-1661 Name And Address Of Person Or Organization: 3200 E TAH®UITL CANYON WAY PALM SPRINGS CA 92262-6959 The following is added to Paragraph 10.b, of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work' done under contract with that person or Organization and included in the 'products- completed operations hazard°. This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP•4787 0. Includes coppyCopyright p ed material r insurarce serfm' s office,Ipc,Company, nh hs perm'ssim Td ensure dtitvary W yttuy+n4ox plC add USA4 Casforncr.�iru+e}rr^arlKentrr.u&3 .earn to your 8 mi �sa�x s t Auto insurance Confirmation vO J Privy v promis I ,,3Please use this as confirmation of auto Insurance; however, this does not take the place of ,,an insurance identification card. ; k WY Registered owner : ETNAN S KAMINSKY F Address: PO Box 10712 PALM DESERT CA 92255 `= y; Policy#: CIC 006263306 7103 lil; Policy effective: July 6, 2018 f Policy expiration: January 6, 2019 4r Vehicle: 2015 MERCEDES SPRINTER ' VZN : WD3PE7DC1F5982267 Bodily Injury liability limit: $1,000,000 ' :F each person $1,000,000 each accident >- Property damage liability $300,000 each accident . limit: "'Nf Comprehensive deductible: $500 � Collision deductible: $1,000 N Meets California minimum statutory liability requirements =` y.d F.. {�5A "This confirmation of coverage neither affirmatively nor negatively amends, extends or alters the coverage given b the oil issued b USAA Casualty Insurance Company.C� 9 9 Y Policy � Y Y p y. x .IThank you For choosing us for your auto insurance needs. If you have questions, please call ' us at 210-531-USAA (8722), our mobile shortcut #8722 or 800-531-8722. l E p-'Thank you, a�. USAA Casualty Insurance Company p its TCasuality Msurance company;8Q0 Fh6dertcksbtirg Roads San Antonio,Texas 78288 Y.=: - F . E jPlease,danot« ply to this a mall;d'o contact t15AA;:vlslt tw{s2tun3 � n 93127 1.1 _. _ POLICYHOLDER COPY SP P.O. BOX 9192. PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-19-2018 GROUP: POLICY NUMBER: 1705745-2010 CERTIFICATE 10: 18 CERTIFICATE EXPIRES: 02-01-2019 02-01-2018l02-01-2018 CITY OF PALM SPRINGS SP PO BOX 2743 02-01-2018 PALM SPRINGS CA 02283-2743 SK This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form apprdved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We wlil also give you 10days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance Is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or to which it may pertain, the Insurance afforded by the policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT N2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2018-07-19 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF PALM SPRINGS EMPLOYER KAMINSKY PRODUCTIONS INC Sp 41801 CORPORATE WAY STE 8 PALM DESERT CA 92260 (P 11,SKj taev,7.2014f PRINTED 07-19-2013 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY.to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (dote: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: $5, 000. 00 Sample Rate: 13 .30% ^ Regular Premium equals: $ 665 . 00 Surcharge: 3 .00% Additional Waiver charge: $ 19 . 95 Total Premium equals $ 684 . 95 (665. 00 + 19 .95) 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 Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with Iimits 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 (SI,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required X 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 13 Revised:1/31118 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, effecting 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 andf`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: 1. "The City of Patin Springs, its officials, employees, and agents al•e teamed as an additional insured... " ("as respects City of Pahn Springs Contract No. " or 'for any and all w-ot•k performed with the City"may be included in this statement). �. "This insurance Is primary and non-contribittoty over anV insurance or self- insurance the City may hare..." ("as respects City of Palnl Springs Contract No.�" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the isstting company will mail 30 days written notice to the Certificate Holder narrted." 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. 34 Revised:1131?18 7?f3S41R,� 4. 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. Revised:1131118 CONTRACT SERVICES AGREEMENT Video Documentation of the Stabilization of the Cornelia White Residence, A Class 1 Historic Site located at the Village Green Park; 223 South Palm Canyon Drive, Palm Springs, CA Kaminsky Productions THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on ;)Jti 2011, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Kaminsky Productions, ("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 professional video production services consultant, for producing a broadcast quality video documentary of the process of reconstruction / stabilization of the Cornelia White Residence, a City-owned Class 1 historic site, ("Project"). B. Contractor has submitted to City a proposal to provide the full video documentary production 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. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide video documentation production services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. 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 services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. CaALDID � AND1p Revised:ll31/18 "9 09 i . _ , R AGREEMENT 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." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. 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$21,700. 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 Scope of Services/Work 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. 2 Revised:1/31118 7�0�921 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 Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. 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. 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 one year, commencing on I .12011K, and ending on J aq 201 , 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. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Ethan Kaminsky, Principal. 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, 3 Revised:1/31/18 72oiygJ 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. Therefore, 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. 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. 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 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: Ethan Kaminsky Principal Patrick Martinez Editor/Graphic Design Dan Eslinger Production Coordinator Diego Elias Editor Lisa Olson Account Manager 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. 4 Revised:1/31/18 ?20599 1 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, 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, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-professional sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non- design-professional sub-contractors, used or sub-contracted by Contractor to perform the 5 Revised:1131118 72099.1 Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 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. 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 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 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 6 Revised:1/31/18 7201,A) 1 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. 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. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Emaloyees. 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 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 7 Revised:1/31/1 B 72Ui99 I 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 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: Kaminsky Productions Ethan Kaminsky, Principal 41-801 Corporate Way Ste 8 Palm Desert, CA 92260 760 327-5477 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement 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 g Revised:1/31118 721)w9.1 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. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �II �� B /�►� David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST Iflo- By. B .vd Edward Z. Kotkin, 6th n 'is City Attorney City Clerk "CONTRACTOR" Kaminsky Productions Date: / s' By . aminsky APPROVED BY CITY MANAGER Principal /President A1191100.00 lAq I(I b� Not To Exceed $ ao0 Without The xpre Written Authorization Of The City Manager. 9 Revised:1/31/18 720�99,I CALIFOMIA ALL-PURPOSE ACKNOWLEDGMENT CmL CODE g liao :< A rmbry pA&or odor alfici ccrnpia"ttva Daf i - vwiF a al the idainty of the ndNdal who agrAd the d=wmt to which ltra cwhfirAOe a atachalt and not 1tD tnutlukdruese.sxurac.orvakft of that doanrert State of Cai ) �J` k Z' -J�`On before me. D ede CW80-Umirt Name tb of the Cb7kw pub wed hla mN of t who proved to me aatisfadory evidence to be wlwae rrerr�(r�e admcrbed to the wdhn ' and acknowledged to i executed the some inarNtarizedcapecd& an' d that /treksignmhi on the neburnerd the perawft— or the entity upon betre8 of which the persar'( a mulled 111he mebunent. ..�._. - -.':- l certify, under PENALTY OF PERJURY under the laws EVE RES hDIZ of the Sty of Ce6 wm that the"sing parsgreph (,nMMIS51C11#2121636 Z is true andoonecL VY Nct�ry Pub!c-California n fDESS a o and fficial sew P,iversic e County r.. My Comm,Exp,'€s Jul 31 2019 �® r z Sit Siguamue of Abtary Public Place Akd"Seal Above Ot'fIONAI ]hough him aeelion is aptanat,completing the irtborm on can deter aReraibn of the document or 6sud ilent reattachment of this form b an unirdended document Description of Attached Doc mart Title or Type of Document Document Date: Number of Pages S4gner(a)Other Than Named Above: CapscitY(rea)Churned by Siigrer(al Swore Nerve: Sig ar's Name: ❑Corporate Officer—T01*y ❑Caporals Officer—TO*)-, ❑Partner— ❑LJrreted ❑Genanil ❑Parbrer— ❑Landed ❑Genaral ❑kKwKkai ❑Attomay in Fact ❑Indvidual ❑Attorney in Fad ❑Trualee ❑Guardian or Conservator ❑Tr atse ❑Guarder or Conservator ❑Otmer. ❑c her. Signet Is Flepresenbng: Sigrw Is Represertiug: ®2014 NoSonsl Ndwy Associdm•wwwJ4e iwm#*Aary.arg-1-8gd118 NDTARY(1-80a870 4827) Poem#MO7 10 Revised:1/31/18 7'_0594.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised:1/31/18 720599.1 41-801 Corporate Way,Suite 8 t Palm Desert,CA 92260 760.3?4.5477 IV City of Palm Springs Documentary Stabilization & Construction Restoration of the Cornelia Residence April 2, 2018 41-801 Corporate Way,�(Ate 8 I Palm Desert CA 92260 760.324.5477 Experience and Skills Overview Kaminsky Productions proposes to produce a 30-60 minute broadcast quality video documentary to illustrate the reconstruction process of the historic Cornelia White Residence. The video will tell the story of the building and its reconstruction, including time lapse photography, interviews with the people involved, detailed information on the construction process, integration of historic still photography, audio tracks, and English and Spanish subtitles. Kaminsky Productions Established in 1992, Kaminsky Productions has handled an array of clients' advertising, photography, and video production needs. With an emphasis in recent years in professional services, healthcare, education and tourism, the team continually produces award winning creative. Kaminsky Productions recently produced a documentary for the Cabazon Band of Mission Indians entitled "The Cabazon Decision," which was accepted for presentation at the American Documentary Film Festival 2018. Kaminsky Productions also produced a short- form video on the Agua Caliente Cultural Museum and its collection. The company has done time lapse photography of several construction projects throughout the Coachella Valley, including the Chino Canyon project and construction of the Wexler House. Current and past related clients include the Agua Caliente Band of Cahuilla Indians, the Coachella Valley Association of Governments, the Palm Springs Chamber of Commerce, the Coachella Valley Economic Partnership, Palm Springs Police Department, AIDS Assistance Program, and Lathrop Development and Construction. II Why Kaminsky Productions? Our deep connection to the Coachella Valley and our understanding of the history of Palm Springs helps us to add context to a project of this type. With dedicated video editors, videographers, and time lapse specialists, we are able to create a video that reflects the vision of the City of Palm Springs while telling the story of the Cornelia White Residence. In addition, our in-house photography and video production makes us responsive and flexible in meeting our clients' needs quickly, accurately, and on budget, 41-801 Corporate Way,SUjtC-8 Palm Descrt, CA 92260 760.324,5477 Saml2le Samples of our documentary video work can be found here: htt12s://w,o/w.drc https://www.dropbox.com/s/"5yh4zd8upyh8o93/The%2OCabazon%20Descision Fi nal V2.rnp4?d1=0 Estimate 1. Periodic video coverage of the construction process. We propose I 2-hour visit per week, coordinated with the General Contractor, to gather construction video, document the process, and highlight interesting problems and conditions. $300 per visit. 2. Time lapse video production Set up time lapse camera - $500 Maintenance of camera and battery - $200/month Compilation of time lapse video - $750 3. Integration of still photos No charge for integration of client-supplied photos provided in digital format. Additional photography available as needed for an additional fee. 4. Interviews with key individuals for story telling purposes 1/2 day of interviews total - $1,500 5. Video editing, to include audio and subtitles in Spanish and English 60 hours of editing estimated, including time lapse, video, still photos, and interviews at $160 per hour. $350 each for English and Spanish transcription and subtitles. $10,300. 6. The technical quality will be "HD quality" format, 7. The film length will be 30-60 minutes in its final form. 8. City Staff will review a draft before finalization of production. 9. Production/manufacturing of DVDs, assuming 50 copies, including artwork for disc. Assumes paper sleeve. $5 per disc for DVD; $6 per disc for Blu- Ray. Additional charge for jewel cases, jewel case insert design and printing. Key Personnel Ethan Kaminsky is the driving force behind the growth and success of Kaminsky Productions. The company's numerous awards and enthusiastic clients are a result of his commitment to excellence on every project the firm handles. Building on his reputation as one of the most innovative and creative commercial photographers of "people, places and things" on the West Coast, Kaminsky branched out to into award-winning video production, website design, and visual storytelling of all kinds. As a natural extension of his talent for quickly finding "the shot" through his camera lens, Kaminsky is able to bring focus to his client's strengths and highlight the most compelling story to represent their brand. His creative vision has him now winning accolades on the frontier of new media, from cutting-edge web design to viral video and commercial production, as well as thinking out of the box in more traditional marketing forms. Today, Kaminsky Productions' hallmark is thought provoking content and empowering strategic implementation. With thousands of published photos to his credit, Kaminsky was nominated for an Oscar® for a family-produced documentary. He is also past president of the Palm Springs/Desert Cities chapter of the American Advertising Federation and on the board of the Children's Discovery Museum of the Desert. A long-time desert resident, he was selected as one of the Coachella Valley's most influential 40 Under 40 by Palm Springs Life magazine. He studied at the prestigious Art Center College of Design. Jake McClure is an award-winning editor and animator with more than 28 years of experience in video production. From his work for nationally recognized advertising agencies in Seattle and the Inland Northwest to his experience in sound production and 3D animation, Jake brings a dedication to excellence to his creative endeavors. A San Diego native, Jake moved to the Coachella Valley in 2013 and joined Kaminsky Productions in 2014. He is a local, regional, and international award winner for editing, animation, and sound design. 760,324.5477 Dan Eslinger brings a wealth of expertise to Kaminsky Productions. With more than 15 years of experience in live entertainment production working on international stage productions, theme park rides, major motion pictures, Broadway musicals, and touring concerts, he produces high quality content and is known for his professional and highly technical approach to projects. His knowledge of lighting, audio, and camera operation make him an asset to any production. Previous clients include Disney, Cirque du Soleil, Sony Pictures, and Taylor Swift. Dan has a passion for travel photography and live productions. Having lived and worked all around the country after receiving his MFA in Theatre Technology, he joined Kaminsky Productions in 2014 when he moved to the Palm Springs area. Patrick Martinez excels in graphic design, photography, web design, and video editing. He has been taking photos since 2003 and recently worked shooting ads and social media materials in the BMX industry with companies like Monster Energy, Vans, Alienation BMX, and Ride BMX Magazine. He is constantly looking for his next creative challenge, and loves aviation, action sports, and family Kaminsky Productions 41801 Corporate Way Ste 8 Palm Desert,CA 92260 US KAMINSKY PRODUCTIONS lisa@kamprod.com www.KaminskyProductions.com ESTIMATE ADDRESS ESTIMATE# 1163 City of Palm Springs DATE 04/02/2018 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 ACTIVITY OTY RATE AMOUNT Video Services:Video Production 24 300.00 7,200.00 Periodic video coverage of the construction process (assumes 2-hour visit per week over 24 weeks). Video Services:Video Production 1 500.00 500.00 Time lapse camera set up Video Services:Video Production 6 200.00 1,200.00 Time lapse camera maintenance and battery(assumes 6 months) Video Services:Video Production 1 750.00 750.00 Compilation of time lapse video Video Services:Video Production 1 1,500,00 1,500.00 Interviews with key individuals - 112 day of filming Video Services:Video post production 60 160.00 9,600.00 Editing of video, including time lapse, video,still photos, and interviews Mlscellaneous:Saies 2 350.00 700.00 Transcription and subtitles- English and Spanish Production Support Services:DVD 50 5.00 250.00 DVD production/manufacturing @$5 per DVD including color artwork on disc and paper sleeve. Blu-ray available for an additional$1 each TOTAL $21 ,700.00 Accepted By Accepted Date EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:113118 720599.1 AC Rf> CERTIFICATE OF LIABILITY INSURANCE DATE(MMOO YrYY1 07fl8i2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS--UPON CERTIFICATE HOLDER,THIS BELOW. THIS CERTIFICATE OFATE DOES NOT INSURANCE URANCE DOETIVELY OR SNOVT�CONSTITUTEEA CONTRACT BETWEEN THEND OR ALTER THE E IISSUINGRAGE FNBURRE (S THE POLICIES REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, R(SI, AUTTiOR12E0 IMPORTANT; If the eertifleata holder b an AD01T1ONAL ENSURED,the poitcy(les)must be andoraed.lams and eo If SUBROGATION IS WAIVED,subject to the rldlUons Of policy, certain policies may require an andonamenL A statement on this certificate does not confer rights to Ills cAttificate holder In Uau or such endorsemangs)• PROD Ucsa JOHN FORD • KPItE SCHROET] R 79440 Corporate Centre Dr Suite 104 MO'$ a A a La!]Uinta,CA 92253 Eaur-ailaRM: er.0 u stalelann.cdm INS IER AFTORDNO COVERAGE NAlea NauRPn INSURER A:State Form General Insurance Coman IfAMINSKY PRODUCTIONS INC INSURERS INSURERS!State I a Mutual Autemebl Inau C an PO BOX 10712 ' Wwwte: PALM DESERT,CA M55-0712 INsullaRo: IN$U COVERAGES W uRPRF: CERTIFICATE NUMBER REVISION NUMBER: INDICATED TH GfS INDICATED. CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD . NOTNATHSTANDINO ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W$R TYPE OP WaURANCfi POLICY NUMaER PRICY EF A areJeaAL UAWurY LUaT7 _ Y 90-CZ-K775.7 0110312018 01103/2019 EACHOCCURRENCE s 3.000.000 X OOMMERGALDENERAL LIAOIUTY X CWWa MAOE M OCCUR PREMISE4 Ea $ 300.000 / oleo EXP oro pervpl S 5.000 PERSONAL a ACV INJURY 1 2.101.00, GENERAL AGGREGATE OEHL AOgRE(LATE DM:T APPLIES PER; X POLICY PRP LOL PRCOl1Cr9•COMP10I i 4,000.000 A AUTouoasa LUUM M i Y 90-CZ-K7?5-7 atro512016 011113J2019 • Ndml T S Zp00,00a ANYA�O / 9001LY INJURY tP>Prngll AUfOfi D AACRNQ&MED ✓/ $ "RED AUTOS X NoI eCO1LYINJURYIParaeddwd) $ AUTOS PE ramaRe i uweRauA uAa OCCUR i EICEaa LUIa Fa61000URRENCE i CLAIMStAAD£ 0ED RETENTIONS AGGREGATE S WORMERS COMPENSATION (, i ANDaMPLOYERa'LIA6ILITY _, $rAIU• rH• Y1N ANYPROPRIETORIPARTNEAffiXECUTIVEOFFICENEM 1W 'aER ERCLU ❑ "rA i EL EACH ACGDFM $ MO { [[.�� n Ta`.tl•vgd ' -Yv E L OESEAEE•EA EMPLOYE i EL.DSEASE•PIX.RY UMR f 013CRPTION OF OPERATIONS JLOCATIONS I VENICLES(AVacs AC---fOf,AtltlWmN RvmerYa$dls 'Inava voice It nI The City of Palm Springs,its Officials,employees and agents are named as additional insured CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS SHOULO ANY OF THE ABOVE DESCRIBED POLICfES BE CANCELLED BEFORE 3200 E,TAHQUITZ CANYON WAY ACCORDANCE WITH THE PoN DATE THEREOF,OVI PROVISIONS. WILL BE DELIVERED IN PALM SPRINGS,CA 92262 AUTHORIZE REPRESENTATIVE ACORD 25 2010ro5 O ISM-2010 ACORD CORPORATION. All rights nerved. ( ) The ACORD name and logo are registered marks of ACORD 1001466 132049.E 11-15.2010 90-CZ-K775-7 007223 CMP-4786 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 1 of CMP4786.1 ADDITIONAL INSURED--OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: - SUSINESSOWNERS COVERAGE FORM _ SCHEDULE Policy Number. 90-Cz-K775.7 Named Insured: KAMINSKY PRODUCTIONS INC PO BOX 1661 PALM SPRINGS CA 92263-1651 Name And Address Of Additional Insured Person Or Organization: �00 TT NGS 32 EAHQUIZ CANYON WAY PALM SPRINGS CA 92262-6959 1. SECTION II — WHO IS AN INSURED of b. If coverage provided to the additional in- SECTION 11 — LIABILITY is amended to in- sured is required by a contract or agree- clude, as an additional insured, any person or organization shown in the Schedule, but oni ment the insurance provided to the with respeot to liability for "bodily injury additional insured will not be broader than "property damage", or "personal and injury that which you are required by the contract Ing injury"caused, in whole or In part, by: or agreement to provide for such addition- a. Ongoing Operations al insured; and ( ) Y 1 e. If the contract or agreement between you Your acts or omissions; or and the additional insured is governed by (2) The acts or omissions of those acting California Civil Code Section 2782 or on your behalf 2782.05, the insurance provided to the in the performance of your ongoing opera- additional insured is the lesser of that bons for that additional insured; or which: b. Products—Completed Operations (1) Is allowed for the satisfaction of a de- 'Your work" fense or indemnity obligation by Cali- performed for that additional fornia Civil Code Section 2782 or insured and included in the °products- 2782,05 for your sole liability or completed operations hazard t o However, Paragraph 1. above is subject to the (2) agreement toYou are provide provide for uired by suchcaddis following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law; til a claim or"suit" is tendered to us. 0,Cqpyght,State Farm 141"I Automobile Insurance Company,2013 Includes copyrighted material of Insurance Services office Inc,with its permission. CONTINUED 90-CZ-ic775-7 007223 M 7199 CM PA786.t Page t of 2 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim (3) The nature and location of any injury re made or a "suit" brought for damages for damage arising out of the "occur- which you are provided coverage., g re or offense; 3. With respect to the insurance afforded to the b. Tender the defense and indemnity of any additional insured, the followingIs added to claim or"suit" to us and to all other insur- SECTION 11—LIMITS OF INSURANCE; available who may have insurance potentially available to the additionsl insured; and If coverage provided to the additional insured c- Agree to make available any other insur- is required by contract or agreement, the most ance the additional insured has for de- we will pay on behalf of the additional insured fense or damages for which we would will be the lesser of the amount of insurance: provide coverage under SECTION li — a. Required by the contractor agreement; or LIABILITY. b. Available under the applicable Limits Of 5• With respect to the insurance afforded the ad- Insurance shown in the Declarations, ditional insured, the following replaces SEC- This endorsement shall not increase the a - TION 11 —LIABILITY of Paragraph 7. Other plicable Limits Of Insurance shown in the Insurance of SECTION I AND SECTION If — Declarations. COMMON POLICY CONDITIONS; 4. With respect to the insurance afforded to the a. This insurance is primary to and will not additional insured, the following seek contribution from any other insurance rovided Paragraph 3. Duties in The Event Of Occur that avaiithe additional) i to the nlsurreonal i insured,amed n- rence, Offense, Claim Or Suit of SECTION sured under such other insurance. it--GENERAL CONDITIONS, b. Regardless of any agreement between The additional insured must you and the additional insured, this insur- a. See to it that we are notified as soon as ance is excess over any other insurance Practicable of an "occurrence" or an of- whether primary, excess, contingent or on Tense which may result in a claim. To the any other basis for which the additional in- extent possible, notice should include sured has been added as an additional in sured on other policies. (1) recce' ohen an took re the "occur- There will be no refund of premium in the event this endorsement is cancelled. (2) The names and addresses of any in- CMP-0786.1 jured persons and witnesses; and All other policy provisions apply. 0. l State 13 includes copyrighted ed material of Insurance Services office, with itss permission i I 90-CZ-K775-7 007252 CMP-4787 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY Page 1 of 1 CMP4787 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modfies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90-CZ-K775-7 Named Insured, KAMINSKY PRODUCTIONS INC PALBOX SPR NGS CA 92263-1661 Name And Address Of Person Or Organization: CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262.6959 The following is added to Paragraph 10.b, of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP•4787 ®.Copyright State Farm Mutual Aubmobi'e Insurance Company 2008 Includes copyrighted material cr Insurance Services Orrce, Inc,wRh its permission TO ensure dCllvery to your inbox, pieSsc add'J5AA.G5rorner.St-rvi4e;�'m3ilcenEer.usln.comm your editres>book: VIAA� Confirmation u=j�" I Privacy Prnmlcn � "dPlease use this as confirmation of auto insurance; however, this does not take the place of,,,,an insurance identification card. Registered owner : ETHAN S KAMINSKY Address: PO BOX 10712 PALM DESERT CA 92255 Policy #: CIC 006263306 7103 Policy effective: = July 6, 2018 ' Polic expiration: January 6, 2019 Vehicle: 2015 MERCEDES SPRINTER YIN : WD3PE7OC1F5982267 Bodily injury liability limit: $1,000,000 i each person / $1,000,000 each accident Property damage liability $300f000 each accident limit: Comprehensive deductible: $500 Collision deductible: $1,000 Meets California minimum statutory liability requirements This confirmation of coverage neither affirmatively nor negatively amends, extends or alters ;the coverage given by the polity issued by USAA Casualty Insurance Company. Thank you for choosing us for your auto insurance needs. If you have questions, please call us at 210-531-USAA (8722), our mobile shortcut #8722 or 800-531-8722. �:rThank you, "!USAA Casualty Insurance Company ?r F Insurance Company;j900 Fiederkksborg Road,San Antonio,Texas 78288 'pllya[V PrdrnFst , Please donot rtpiy,to'thls a-mall.To contact USAA,Mslt our secure , 'F43127-0311 , .. STATE POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-19-2018 GROUP: POLICY NUMBER: 1705746-2018 / CERTIFICATE t0: 19 CERTIFICATE EXPIRES: 02-01-2019 02-01-2018/02-01-2019 CITY OF PALM SPRINGS SIP PO BOX 2743 PALM SPRINGS CA 92283-2743 02-01-2018 SK This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance Policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the Policy described herein Is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT M2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2018-07-19 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF PALM SPRINGS EMPLOYER KAMINSKY PRODUCTIONS INC SP 41801 CORPORATE WAY STE 8 PALM DESERT CA 92260 [P11,SK] (REV.7.2014) PRINTED : 07-19-2018 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: I. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: $5, 000 . 00 Sample Rate: 13 .30% Regular Premium equals : $ 665 . 00- Surcharge: 3 . 00% Additional Waiver charge : $ 19 . 95 Total premium equals $ 684 . 95 (665. 00 + 19 . 95) 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 Scone 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 X 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 720599.I 13 Revised:1131l18 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, effecting 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: 1. "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). 2. "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). 3. "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. 14 Revised:1131118 720599.1 4. 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. SeverabilitV 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. 15 Revised: 1/31118 720599.I