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HomeMy WebLinkAbout05751 - A MUSICAL AFFAIR ENTERTAINMENT CONTRACTOR FOR BID ENTERTAINMENT Page 1 of 2 Kathie Hart From: Paula Sweat Sent: March 08, 2010 9:26 AM To: Kathie Hart Subject: RE: A5751 -A Musical Affair Hi Kathie... yes, I would say you can close it—it is for the City and the BID from 2008—you can double check with Tammy Perezchica if you like, however, the BID has not worked with A Musical Affair in a long time. Paula J. Sweat Economic Development Program Assistant City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs,CA 92262 Phn: 760.322-8321 Fax 760-322-8325 email.Paula nwe Mp lmspringsca.gov U Palm Springs City Hall Hours Monday-Thursday 8,00 a.m. to 6.00 p m v Please consider the environment before printing this email§A <)� From: Kathie Hart Sent: Monday, March 08, 2010 9:05 AM To: Paula Sweat Cc: Jennifer Henning Subject: RE: A5751 - A Musical Affair Paula: Do you happen to know if this agreement may be closed, ThA Kathie Hart, CMC Chief beputy City Clerk City of Palm 5prings 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8206 1 " (760) 322-8332 ® Kathie.Hart@Palm5pringsCA.gov Please note that city Hall is open 6 a.m. to 6 p m. Monday through Thursday. and closed on Fridays at this time. From: Jennifer Henning Sent: March 05, 2010 10:05 AM To: Kathie Hart Subject: RE: A5751 - A Musical Affair Hi Kathie, That is not my agreement. I think this has to do w/Tammy Perezchica and the D.T. I believe Paula might be 03/08/10 ENTERTAINMENT SERVICES AGREEMENT THIS AGREEMENT FOR ENTERTAINMENT SERVICES (the "Agreement") is made and entered into this clay of November, 2008, by and between the City of Palm Springs, ("City"), and A Musiclal Affair 1 ntertaimment"Contractor"). RECITALS A. City requires the Entertainment Services provided by A Musical Affair Entertainment to provide various types of entertainment in the Downtown Business District. B. Contractor has submitted to City a proposal to provide various types of entertainment services to City for the Downtown Business District pursuant to the temis of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified to provide the necessary entertainment services to City and desires to provide such services. D. City desires to retain the services of Contractor for entertainment services. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT 1. ENTERTAINMENT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide entertainment 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"), which 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 mamier in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law, All services tendered under this Agreement shall be provided by Contractor in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 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- 7,7 j Revised:3/23/07 507637 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. For the services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A," which total amount shall not exceed 59,843.75. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City through Canyon Commercial Services in the form approved by City's finance director, an invoice £or services rendered prim to the date of the invoice. Payments shall be based on the rates as set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all entertainment stated thereon, which are approved by City 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, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terns of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; 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 therefore by the City of Palm Springs (Business Improvement District) for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Rovised:3/23/07 507639^_ 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be perforrred pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maleure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but 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 if Contractor shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain 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, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier tenninated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in frill force and effect for a period of seven months, commencing on November 08, 2008 and ending on May 30, 2009, unless extended by mutual written agreement of the parties. 5. COORDINATION OF W0121C 5.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Craig Michaels, 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 hereunder. 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 Director of Community and Economic Development, or his/her designee. It shall be the Contractor's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the perfonmance of the services and Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder 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 in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 3 Revised 3I23W 507639 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 herein, except as otherwise set forth herein- Contractor shall perform all services required herein 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 set forth herein. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer- Acting through the Director of Community and Economic Development, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. See Scope of Services/Work attached to this .Agn-Bement as Exhibit "A" 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference. 7. 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, which Claims arise out of or are related to Contractor's performance under this Agreement, but excluding such Claims arising from the 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 hereunder. S. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. 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 q Revised:M3l07 5(nli9 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 and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 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 hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. 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 and 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 thereof 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 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 o f Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 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 and 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. 9.4 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 5 Revised'3123107 507639.2 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. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any tune, with or without cause, upon thirty (30) days written notice to Contractor, except that where terminations 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 hereunder 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 therealier. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 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 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of"race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication 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_ Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing i f mailed as provided in this Section. To City: City of Palm Springs Attention: Director of Community and Economic Development 3200 E. Tahquitz Canyon Way Patin Springs, California 92262 To Contractor: A Musical Affair Entertainment 777 N. Palm Canyon Drive, Suite 205 Palm Springs, CA 92262 G Revised 3125107 507639 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and caimot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severahility_ 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 pleases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised:3/2M7 5076391 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: `v%4% By: David H. Re• sq., Ph.D. City Manager APPROVED BY CITY MANAGER ATTEST Date: �� �� By. _ - ames Thompson, City Clerk "CONTRACTOR" A Musical Affair Entertainment Date: 1 13 6 e By : t/L l G' ! G& Craig Micha Is, Owner S Revised:3/23/07 5076391 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK (See Attached Schedule of Fees and Schedule of Performances) q Revised:3i23107 907639'_ 1 MUSICAL AFFAIR r;' , E N T E R T A I N M E N T "Unforgettable Events!" ENTERTAINMENT CONTRACT DATE; September 25 2008 Musical Affair Entertainment agrees to provide entertainment services, as indicated below, for a rate of$9.843.75. Any additional hours will be billed as noted, thereafter. The customary 50% retainer fee is waived in lieu of accepting the monthly payment schedule indicated below. Execution of this contract is required in advance to confirm your reserved dates. Client agrees each area will have sufficient power access within 25 feet . In order to assure proper preparation for any event, requests for special musical selections or announcements should be made at least 7 days in advance. In the event an entertainer is unable to perform due to injury or illness, a suitable replacement will be found. Any playing time beyond 15 minutes past the 4 hour contracted rate,will be subject to the pro-rated rate, should additional performance time be requested by the client. S=i_ce Downtown Entertainment $9,843,75 11/15/08 $$2,460,93 4en Quarter Dates, 2008 based on three locations 11/30/08 $2,460.93 Saturday, 11,08 &Sunday 11/09, at$1,093.75 per day Saturday, 11/15, 11/22, 11128, Sunday, 11/29 12/15/08 $2,460.93 Saturday, 12/05, 12/13& 12/20 12/31/08 $2,460.93 llidividuaLAS_ts_2er SLed.ule_r_o_fo.11.ow _ The payment for these services will be made in accordance with the schedule listed above. Any additional charges due to extended playing time will be billed for by Musical Affair Entertainment and due from client upon receipt of invoice. Payments may be made by VISA OR MASTER CARS CASH, MONEY ORDER OR CORPORATE CHECK made payable to"MUSICAL AFFAIR ENTERTAINMENT." Said payment is only to be presented to the on-site representative from Musical Affair, not directly to the entertainer(s). Should client wish to re-book entertainer(s) hired under this contract, all negotiation of future dates and payment arrangements are to be handled through Musical Affair Entertainment. If client chooses not to honor this contract after execution, client will be responsible for any collection fees or attorney's fees incurred by Musical Affair Entertainment, if legal resolution becomes necessary. CLIENT: Palm Snrinas 61❑ EVENT: bowntown Entertainment CLIENT'S PHONE NO.: 760.340-4298 4 OF PEOPLE: Onen to the Public TIMES: 1:00pm - 5760pm each day LOCATIONS: Frances Stevens Park. Village Green CQfSTACT Tammy-Perezchica & tt Fashign=ffaza_2almS�zrinAs. CA CLIENT SIGNATURE M ICAL AFFAIR ENTERTAINM/�NT`` M ady, City Manager Dee bee Michaels, Owner rrly entertain me" nt to be guaranteed, please return signed contract by-October 1. 2008. Should other arrangements need to be made or, should there be a change in plans, please contact Musical Affair at the number listed below, as soon as possible. FLEASE SIGN & RETURN Visa/MasterCard # Exp. Date: Arnount_$ __ Name on Card Three digit security code on back Card Holder Address w/zip code 777 N. Palm Canyon Drive, Suite 205, Palm Springs, CA 92262 Phone. (760) 864-7204 ♦ Fax: (760) 864-6599 ♦ www.musicalaffair.com E N T E R T A I N M E N T Unf n-geltable !-vents!" -- Date: September 25, 2008 Client. Business Improvement District, (BID) City of Pabn Springs Contact: Tammy Perezchica, 760-340-4298 Dates: As noted, November through May, 2008-2009 Times: 1:00prn -_S.00pn: #Attendees: Open to the Public In the spirit of attracting more residents and visitors to the downtown area of Palm Springs, Musical Affair is happy to provide a variety of different types of entertainment to be showcased at the three locations noted on the dates listed below. Working in concert with the BID, our goal is to draw people to the area with an array of community acts and professional entertainers who will add atmosphere and an air of excitement to the overall downtown experience. Many of these acts will be interactive, as well as musical, and will be selected based on their ability to appeal to audiences of all ages, We will obtain the necessary permit for specific use from the City, and will be cognizant of volume levels and space requirements for the various acts, taking into consideration the operations of those businesses most closely located near the entertainment sites- Musical Affair will be responsible for securing the entertainers and organizing the scheduled entertainment for each location. Following is a list of various types of entertainment we would provide: • Jugglers/mimes, balloon artists, face painters, clowns, strolling magicians, a variety of street performers • Solo musicians, such as: guitarists, keyboard players, saxophonists, steel drum players, harpists, violinists/flutists, etc. • Mariachis, Dixieland bands • High School & Middle School Marching bands, Flag & Drill Teams, Jazz ensembles • Dance troupes, both children and adults, Choirs, Holiday Carolers I.00ATI.ONS-L-Frances Stevens-P-ark,-Village Green,-and-Desert Fashion-Rana— - Proposed Three Quarters: 4t" Quarter, 2008 Saturday, November 0a Sunday, November 09 Saturday, November 15 Saturday, November 22 Saturday, November 28 Sunday, November 29 Saturday, December 06 Saturday, December 13 Saturday, December 20 1s`Quarter, 2009 Saturday, January 10 Sunday, January 11 Saturday, January 17 Sunday, January 18 Saturday, January 24 Saturday, January 31 Saturday, February 07 Saturday, February 14 Saturday, February 21 Saturday, February 28 Saturday, March 07 Saturday, March 14 Saturday, March 21 Saturday, March 28 2"d Quarter, 2009 Saturday, April 04 Saturday, April 11 Saturday, April 18 Saturday, April 25 Saturday, May 02 Saturday, May 09 Saturday, May 16 Saturday, May 23 Saturday, May 30 777 N. Palm Canyon Drive, Suite 205 a Palm Springs, CA 92262 PHONE: (760) 864-7204 ♦ FAX: (760) 864-6599 www.musica[affair.com COST: Musical Affair Entertainment will discount our normal rates and provide a total of 96 acts based on three different locations over three quarters and the 32 dates listed. This contract requires execution quarter by quarter, with 30 days advanced notice. The cost averages out to be approximately $1,093 per day, or roughly $364 per location, for 4 hours of entertainment at each site_ Having served the City of Palm Springs and its surrounding communities for nearly 20 years, Musical Affair has a well-established reputation in the Valley for providing professional, quality entertainment services. We look welcome this opportunity to work in concert with you to help revitalize the downtown area, and bring about a positive impact on the City's visitors, residents and merchants. Per your acceptance of the entertainment proposed for the 4�h quarter 2008, our standard contract is attached for your execution. Sincerely, Craig & Dee Dee Michaels, owners Musical Affair Entertainment CM:DM Acceptance: BUSINESS IMPROVEMENT DISTRICT (BID) Date: tt � f3 - Da 777 N. Palm Canyon Drive, Suite 205 1 palm Springs, CA 92262 PHONE: (760) 864-7204 1 FAX: (760) 864-6599 www.musicataffair.com EXHIBIT "B" Insurance certificates are attached in this Exhibit `B" Insurance requirements are as approved by City Attorney 10 Revised:3l23107 507639^_ AG-ORD. CERTIFICATE OF LIABILITY INSURANCE OF ID 5 Da�"TM�°0� ' NUSTCi6 3. /07/0$ PRODUCRR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DULY AND CONFERS NO RIGHTS UPON THE CERTIFICATE G.A. Mayon 6 COmpany HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 We= Chicago AV UUC ALTER THE COVERAGE.AFP( RDED BY THE POLICIES BELOW. Hinsdale J.Y. 60521 Phone: 630-655-2400 FaX:630-654-'4497 INSVRERSAFFORDINGCOVERAGE NAILA INsur�D .h'Slxafex Penn—star L913ER 3 20 7Anthony T. De Entertainent NSIRER Anthony Dece m Dee 7Kalisyaa77 N Et 20- Palm Canyon nr St .ry DrgmaTR0 Palm springs CA -42262 INSURER E COVERAGES THE POLICIES OF INSURANCE U$-TED BELOW HAVE BEEN ISSUED TO THE INSURED NALIED ABOVE FOR TFE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY RE4U)REMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TFFS CERTIFICATE MAY RE;SSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 6Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$,EXCLUSIONSAND CONDITIONS OF SLJ 1*i POLICIES^AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIM$,S=L-rtR SR �4F HCI(RAnICE POLICY XDYCiFR ❑qlC DD. �.TE Dm L mm CCIMPALL LNY EnCHaCCURI>CVCE T 1000000 A X e4rw�NLttieENFFgJ.LWSLLItt PAC5552805 02/14/08 02/14/09 PREM*ESIEvvocurenve) 550000 CLAMS WCE FX GJR MED DF IPnv me pe l 5 5000 P_Rf aACV ryA,RY s1000000 G�:rFlw AG .ATE $2000000 ceNL 11GG.�EG*E I.WAPPLES Pat PROG.CTf,^CDMPfJP AGu $2000000 PDu^Y jE� LDC AR+YW ROLE ua6arrY CJM31N31 SINGLE LIMIT S ANV gJTO IEA OCL1MfIJ w:ammn rot mooky tmARy SC1-ECu1{D,4UT03 .PfH'Rasc�) HIRE`J Aura; BONLY I'.J,.RY F NON*A Ep ALM0$ IMar seDarr,; PROPQ7TY:'MTiCf ; ,Par.gcd,,rq 1'+ARFo[LPSILLTy INJTO%LY-EAAACCIXAT ► NJYx l0 0?I[321H.H EA ACC f 'V-TDONL� H=G 8 ExcessluuerrciuLLaelurY EA omJ3TFNCE Is OCCUR CLAI'15 WDI AGGREGATE f L DEcucnaE s RETE7RION { f IAO,K RLrn,PEN;AT14N AND TCRY All/rt5 �?'A"R fERS'I1AH2."X ANY PPoyRIET[R1PAltp.rRJEXECLMVE E L.EACH ACCUENR OP9cgylgMBER�K"I.I.oe9a n yM; da-�rmo urax E.L ]AEh3.6A FWLOYEE Y ^cPL�NII PROJI8IdP5 D5tlry FI F OTHER DESCftFTI4N 4P 49RATIOHg!LCGTNryB!WHIM E87 E]cC4US10NS ADDED BY ENDORSEMENT 7 SPECIAL PROVISIONS City of Palm Springs, Its officials, employees and agents are added as r, p additional inStltOd as their interests may apply per form Cr2010(7/O4) for the events oq 116/oE, 11/9/08, 11/15/Ds, 11/22/08, 11/20/06, 11/29/06 12/s/00, 12/13/a6, 12120/08, 1110109, 1111109, 1/17/09, 1/18/09, 1j24/09, 1 1/31/09. 2/7109, 2/14/09. This !BrUrance is prilaary and no,:L a ntributory CERTIFICATE HOLDER CANCELLATION ' mwuLo AlA'aETnaAnaren�csleeo PouC� DFCMQRLED VE QRETHE EXPRATIDN --._. .. _. -- . .- --- - --- bATErT1ERE0F,TH€Iayanc rvsvllER wa.L auFAwnro My." 3Q DAYSwRma1 -- City Of Palm Springs NOTICE TO THE CERuF CAW HOLDER NAHEUTOTXE LEFT,BUT PALUREYO ba ED VF LL IAPDSE NO petx^1.noN DR LIAe1tTLy of AHY rviO lP]LI THL�rvsIRER,DBAGBRT54R PEPFESENTATNES. A NTATA$ AGORD 25(2001/09) 4 ACORD CORPORATION 1985 .", o�; u_ t 1i �y� + �..: .Vie:^yr ,i x� ?r. :�;rt'-�1'..`,:_�r,,cy,�.r�.:;-i '"t�"`.'a'-•t r.�.,iFw ld :''�. $ 9t IN�!1r�4's47� HE.;�_[af.�� over any insUrante or self-insurance the City may have. This insnxanoe company agrees to waive a11 'Fights or subrogation against city e£ ]Balm springs, its officers, officia`l:s and employees for losses paid Seder the to=s of this policy but only as respects the negligence or the named insured for General Liability and only for the dates listed Certificate of Exemption Workers' Compensation Insurance TO- City of Palm Springs A TTN., City Clerk and Risk Manager SUBJECT:- Sole PropristorlPartnership(Closety Held Corporation with No Employees. Please let this memorandum notify the City of Palm Springs that I am a 5 sole proprietor partnership ❑closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payrolf taxes, FICA and tax withholding and similar employment issues. 1 further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply y such laws or regulations. Risk Mona t Approval. Cohn or"Signature rr Printed Na of Contractor cr� ] b tk6i5 11-4-0 $ Bate bate