HomeMy WebLinkAbout04783 - THE JARVIS COMPANY HOLIDAY DECORATIVE LIGHTING CHRISTMAS The Jarvis Company
Holiday Decorative Lighting
AGREEMENT #4783
CM signed 10-17-03
CITY OF PALM SPRINGS - --
CONTRACT SERVICES AGREEMENT FOR
INSTALLATION OF HOLIDAY DECORATIVE LIGHTING
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into this ry4� day of Sspee"4-' 03, by and between the CITY OF PALM SPRINGS, a
municipal corporation (herein "City") and The Jarvis Company (herein "Contractor').
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that all work and services set forth in the Scope of Services will be performed in a
competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Nineteen Thousand Five Hundred and Two Dollars ($19,502.00 )
("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Darren M. Jarvis and Dennis W. Jarvis are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work and services specified herein and make all decisions in
connection therewith.
3.2 Contract Officer. David Barakian, City Engineer, is hereby designated as
being the representative the City authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith ("Contract Officer").
H:AUSERS\WPPUBLIC\04 RFP\Jarvis Contract 9-17-03.wpd �,y,�pGQ4�FLI
The City Manager of City shall have the right to designate another Contract Officer by providing
written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. 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. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the 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. Contractor
shall perform all services required herein as an independent contractor of City and shall remain
under only such obligations as are consistent with that role. 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.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual
liability, personal injury, independent contractors, broadform property damage, products
and completed operations. The General Liability Policy shall name the City of Palm
Springs, its officers, employees, and agents, as additional insured in accordance with
standard ISO additional insured endorsement form CG2010(1185) or equivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance
in such amount as will fully comply with the laws of the State of California and which will
include $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance in a minimal amount of $1,000,000 if contract has professional liability
exposure, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance. The insurer shall
waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents, and their respective insurers. In the event any of said policies of
insurance are canceled, the Contractor shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with
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Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same polices of insurance that the Contractor is
required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or
claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of Contractor, its agents, employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions
of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or employees
but excluding such claims or liabilities arising from the sole negligence or willful misconduct of
the City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs
and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to
the City, its officers, agents or employees, any and all costs and expenses incurred by the City,
its officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall continue in full force until October 1, 2004.
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5.2 Termination Prior to Expiration of Term. Either party may terminate
this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the
other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all
work or services hereunder except as may be specifically approved by the Contract Officer. In
the event of termination by the City, Contractor shall be entitled to compensation for all services
rendered prior to the effectiveness of the notice of termination and for such additional services
specifically authorized by the Contract Officer and City shall be entitled to reimbursement for
any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 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 against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, 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 prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to
the person at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
6.6 Integration' Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
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6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. 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.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or
not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By.
City Clerk ��t I City Manager
Agreement lover/under $25,000
Contractor Address: PMB 239
Feviewed and approved by 1145 2nd Street, Suite A
Procurement & Contracting
Brenntwood, CA 94513
1"� Date °` �.t �« ti
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P.O. Number
CONTRACTOR: Check one: Individual Partnership_ ��`Corp oration � 7
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
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sfactory evidence) to be the personN whose name(* satisfactory evidence) to be the person,(.s5 whose name`(s)
ils er -'subscjbe�,,two the within instrument and ackn ged ks/are-subscribes-to the within mstrumenE and acknowledged
�fo me thatNttar�sne7the}r executed the s e inthi /her/,tktelr to me that hlshe'/they executed the same in .h�rS/het/their
authorized capacl (wand that bye her it sig urea authorized capaclty(ip);and that by,his%herthsirslgha`ture(s)
on the instrument the person("s.j, or the errtity upon behalf of on the instrument the person,(s'), or the entity upon behalf of
which the persons)acted,executed the instrument. which the person(sYacted,executed the instrument.
WITNESS anti-a♦a cial seal. WITNESS my hand and official seal.
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Notary Signsty Notary Signature:rd / �
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Notary Seal: Notary Seal:
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall furnish all necessary equipment, labor and materials necessary to install,
maintain, remove and store holiday decorations for a one year period as follows:
A. All decorative lighting elements shall be installed, tested and operational no later than
November 7, 2003, The decorative lighting elements include the following: 174 Shooting Stars,
57 Five-Point Stars, and 3 Skylines in various locations in the Downtown area, and one 22'
Rotating Christmas Tree at City Hall.
The locations for installation of the decorations shall be determined by the City and approved by
the Contractor as to feasibility for installation. City shall be responsible for securing any
permission for installation from owners, lessees, lessors, state, and any other governmental
authority. Contractor shall be allowed to install decoration hardware items, including but not
limited to faceplates, cables, and anchor points within a reasonable time prior to actual
installation dates. All hardware items shall remain in place between seasons.
City shall furnish adequate electrical power and suitable electrical connections as are
customarily used in the electrical trade or required by Underwriter's Laboratory within a
reasonable area, not to exceed 20 feet of the decoration installation site. For distances greater
than 20 feet, the City will be given the option of either providing extension cords to the
Contractor, or to be charged by the Contractor for the cords on the final invoice. The City
warrants that the electrical connection Supplied shall be suitable for the intended purpose and
the City shall be responsible for payment for all electricity consumed by the decorations.
B. Contractor shall periodically inspect and make necessary repairs and bulb replacements to
all decorative lighting elements,
C. Contractor shall respond to all observed failures and requests for service and correct any
reported outages shall be repaired within twenty-four hours.
D. Contractor shall remove and store all decorative elements after January 19, 2004 (the end of
the Palm Springs International Film Festival) in a secure storage facility.
E. Contractor shall store all decorative lighting elements when not in use in a safe manner until
implementation (if any) of successive year's program. Any damaged decorative lighting
elements shall be replaced at sole cost and expense of Contractor in a manner timely for next
years program, Should the City not continue with the decorative lighting program in 2004, the
City shall request delivery of all City owned equipment and materials to a City storage location
determined by the Contract Officer.
EXHIBIT "Al"
SPECIAL REQUIREMENTS
Al. The requirement for a Performance Bond is waived.
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EXHIBIT " B"
SCHEDULE OF COMPENSATION
SCHEDULE OF PROGRAM COSTS:
Christmas Tree installation at City Hall 1,650.00
Seasonal Decorations installation Downtown 16,147.00
Fee for naming City of Palm Springs additional insured 25.00
Total for program 17,822.00
PAYMENTS TO BE MADE AS FOLLOWS:
Yz of total program amount prior to installation.
of total program amount after completion of dismantling and removal to a secure
storage facility.
SERVICE CALLS:
There will be no charge for Service Calls, after decorations are installed, for an installation
related problem. Problems not related to installation, include but are not limited to vandalism,
weather, or acts of God. In the event the problem is not related to installation, Contractor will
charge the City an additional $70.00 per hour including travel time, for service. This shall also
apply if adequate power or proper electrical connections are not available at installation site at
the time of installation and the City wishes the Contractor to return to the installation site to
connect the electrical at a later date. The Contract Officer will have the authority to request
Service Calls, if needed, under the terms of this Agreement, for a maximum of 24 hours of
service at a cost not to exceed $1680.00.
. .LoUj %u_ r It.*, III- Ui LIB IvILI I 1 IIN-aU"AV#J%oi. 9/4/2003
PRODUCER MONTAZ-ALAMEDA INSURANCGENCY THIS CERTIFICATE 1--GSUED AS A MATTER OF INFORMATION
PO BOX 2910 ONLY AND CONFER.* NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TURLOCK, CA. 95381 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.�,,.-
AJ G`" 7 INSURERS AFFORDING COVERAGE
INSURED 925-516-0690 INSURERA. ALLIED INS. } D
THE JARVIS COMPANY INSURERS #, I
1145 2ND ST. STE A PMB 239 INSURER Ins RE
INSURERD.
BRENTWO D - CA 94513 1 INSURER
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE MMIDDIYY DATE(MMIDDIM
GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000
X COMMERCIALGENERALLIABILITY FIRE DAMAGE(Anyone fire) $ 100, 000
CLAIMS MADE OCCUR MED EXP(Anyone person) $ 5, 000
A ACP GLO 7840613740 7/7/2003 7/7/2004 PERSONAL a ADV INJURY $ 11000, 000
GENERAL AGGREGATE $ 2, 000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO ; 2, 000, 000
POLICY JEC LOG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
(Per person) $
A X SCHEDULED AUTOS ACP BA 78-4-0613740 7/7/2003 7/7/2004
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY. AGO $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
TORV LIMHS ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
E L.DISEASE-EA EMPLOYE $
E L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEI(CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
1517, Certificate holder to read as certificate holder and additional insured.
CITY OF PALM SPRINGS
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF PALM SPTINGS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
ATTN' CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
PATRICIA SANDERS IMPOSE NO OBLIGATION OR LIABI F ANY KIND UPON THE INSURER,ITS AGENTS OR
3200 TAHQUITZ CANYON WAY REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
PALM SPRINGS CA 92662
ACORD 25-S(7197) < ACORD CORPORATION 1988
LM LPW v19.8 on 914103-11 39 by UserName LP LPW A.9.8 on 9/4/03-1139 by UserName PFv1.0.1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement($).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S(7/97)
1 W 1 PW N q A nn DOM-11 A4 by I J—N.— I [PWN 9R—gINM-113q by I],-N.mP PFAU
/� - RTHOLDER COPY NB
STATE P.0- 130k,807, SAN FRANCISCO,CA 94]42-0807'tCtMPEN5AT10� ..
) .
N SU•R A N'C'E
FUND CERTIFICATE OF:WORKERS` COMPENSATION INSURANCE AUG 26200
ISSUE DATE: 09-01-2003 GROUP:
POLICY NUMBER: 14G7157-200a{')�3'
CERTIFICATE ID: 350 '�.' [�y..'"
CERTIFICATE EXPIRES: 09-01-2004
09-01-2003/09-01-2004 -
CITY OF PALM SPRINGS NB JOB: 3727 A3727
ATTN..PATRICIA SANDERS CITY CLERK VARIOUS LOCATIONS,
3200 TAHQUITZ CANYON WAY CITY OF PALM SPRINGS
PALM SPRINGS CA '92262
This is to certify that we have issued.a valid Workers' Compensation insurance policy in a form approved by the
Cal;fornia Insurance Commissioner to the employer named below for the policy period indicated. '
This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give you 30 days' 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 policies 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 may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
AUTHORIZED REPRESENTATIVE PRESIDENT
' EMP.LOYER'S'LIABILf TY UNIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
ENDORSEMENT42065ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2003^IS ATTACHED TO AND
FORMS A PART OF THIS POLICY. :
EMPLOYER
LEGAL NAME
THE'JARVIS EOMPANY _ DDDL';' INC. :
- 'IIk'.5, 2ND'":ST,'N. A239 - JARVIS, DARREN,W (PARTNERY AND -
BRENTWOOD CA 94513 JARVIS, LISA (PARTNER) AND "
JARVIS, DARLENE (PARTNER),
IREv.3-03l PRINTED, 08-15-2003' P040S
THIS DOCUMENT HASA BLUE PATTERNED BACKGROUND SCIF 1026! -' - -1: