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HomeMy WebLinkAboutStages Unlimited - 2015 AgreementAGREEMENT FOR SERVICES (For contracts of $5,000 or less - CONSULTANT) This AGREEMENT made this 6 day of April, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Stages Unlimited, having a principal place of business at 8475 Forest Street, Gilroy, CA 95020. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on May 8, 2015 and will continue in effect through September 30, 2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" within the time periods described therein. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. -1- 4851- 9718 -06970 LAC104706083 ,I . Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT as provided for in Exhibit `B ", "Payment Schedule ". Invoices CONSULTANT shall submit invoices for all services rendered. Payment Payment shall be due within thirty (30) days after receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, ;all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY. -2- 4851- 9718 -06970 LAM04706083 . . ARTICLE 5. OBLIGATIONS OF CONSULTANT Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. Licenses CONSULTANT shall possess a State of California Contractor's license in the appropriate category for performing services under this Agreement. CONSULTANT shall obtain a City of Gilroy Business License. Workers' Compensation CONSULTANT agrees to provides workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and. employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. Indemnification of Liability, Duty to Defend A. As to. professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which. approval ,shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. B. As to other liability, to the fullest extent permitted by law, CONSULTANT shall. defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance -3- 4851- 9718 -06970 LAC104706083 In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; *CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, *CITY will not withhold state or federal income tax from payment to CONSULTANT; *CITY will not make disability insurance contributions on behalf of CONSULTANT; *CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. -4- 4851- 9718 -0697v1 LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. events: ARTICLE 7. TERMINATION OF AGREEMENT Termination on Occurrence of Stated Events This Agreement shall terminate automatically on the occurrence of any of the following 1. Bankruptcy or insolvency of either party; 2. Sale of the business of either party; 3. Death of either party. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. Not performing any of its services professionally and /or timely. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as.reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit `B" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses -5- 4851- 9718 -06970 LAM04706083 incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. Transition After Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONSULTANT'S assumption of duties. ARTICLE 8. GENERAL PROVISIONS Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall. be addressed to a party at the address appearing below such party's signature below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Entire Agreement of the Parties This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and. that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by both parties. Partial Invalidity -6- 4851- 9718 -06970 LAC104706083 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Americans With Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans With Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. The Contractor shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. Compliance With Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin or ancestry of any employee, applicant for employment, or any potential subcontractor. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws or provisions of any jurisdiction. The -7- 4851- 9718 -06970 LAC104706083 exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: Sta Unlimit By: a-. (Print Name) Address for Notices: 8475 Forest Street Gilroy, CA 95020 Social Security or Taxpayer Identification Number: ac-. .a a7) y &6 q CITY: ly: GIL ROY (Print Name) Address for Notices: 7351 Rosanna Street Gilroy, CA 95020 Attn: City Administrator Approved as to Form: City Attorney -8- 4851- 9718 -06970 LAC104706083 EXHIBIT "A" I. SCOPE OF SERVICES Installation and removal of 30 x 30 canopy, tent at Christopher High School (CHS) Aqautics Center, 850 Day Rd, Gilroy II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence services upon delivery to CONSULTANT of written Notice to Proceed. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the services under this Agreement, and if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such services, CITY shall so inform CONSULTANT within this two (2) week period. III. SCHEDULE Canopy to be installed no later than May 14, 2015. Canopy cover to be removed by September 30, 2015 IV. DIRECT EXPENSES Direct expenses are charges and fees not included in the Scope of Services described above. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.' CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. III. GENERAL PROVISIONS A. STANDARD OF WORKMANSHIP -9 4851 - 9718 -06970 LAC104706083 CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals .in the same discipline in the State of California. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the services required under this Agreement shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY'S request. D. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. E. OWNERSHIP OF MATERIAL. All material (including information developed on computer(s)) prepared (or caused to be prepared) under this Agreement shall be the property of CITY. F. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. G. WAIVER. -10- 4851- 9718 -06970 LAC104706083 CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. H. AMENDMENTS. No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. I. CONFLICT OF INTEREST. CONSULTANT. certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. CAPTIONS. The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions or interpretation. -11- 4851- 9718 -0697x1 LAM04706083 EXHIBIT "B" PAYMENT SCHEDULE Net 30 days upon completion of the work -12 4851 - 9718 -0697v1 LAC104706083 Stages Unlimited P.O. Box 578 Gilroy, California 95021 WWW: Stagesunlimited.com Date: 04/03/15 To: Gilroy Parks and Rec Monica Sendejas Phone: (408) 846 -0266 Fax: Email: monica.sendejas @ci.gilroy.ca.us Subject: Canopy Installation - 2015 From: Stages Unlimited David C. Jardin Phone: 408 - 847 -6202 Fax: 408 - 847 -3582 Email: dj @stagesunlimited.com The following guote (This is not a contract) is based on the requirements for your event at Christopher High School on Friday, May 8th. Install, (from school storage) 30' x 30 Canopy 300.00 Tota 1 300.00 Note: If load in /out is before /after normal business hours or holidays there is additional cost. The above cost does include our labor, however it does not include the cost of union labor or prevailing wages, permits, drawings or engineered site plans. Load in: Friday, May 8th - am Terms: 50% with signed contract (50% of which is nonrefundable) and 50% at the beginning of install. Thank you for the opportunity to bid this event. This quote is good for 30 days. After this date, w quote may be necessary reflecting a higher cost and /or we may not be able to sch ule y ur event. To begin the confirmation process, please sign, date and return to our offi 5�l 2U C S Signed Date 5 -;--c_ A+t fc4"�' e", tp-4 C'k STAGUNI OP ID: SE CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIMY) 04129/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS" NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT. BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ids) must beiendorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT UVIS Donald R Hardy Agency NAME-- P.O. Box 308 -PHONE Capitola, CA 95010 E44AIL Donald FL Hardy 4 INSURER A: St Paul Travelers Insurance INSURED Stages Unlimited - -ii P.O. Box 578 INSURER 8: West Commerce We I Gilroy, CA 95021 INSURER C: State Compensation Ins. Fund 35C INSURER 0: nnVPPAnl=S ncVl.311%jr%l mulwoor-M. THIS' IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — ADDC�UTJ TYPE OF INSURANCE OU - P LT TYPE -F-X INSR11V POLICY NUMBER LIMITS THE EXPIRATION: S DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. GENERAL LIABILITY AUTHORIZED REPRESE14i.ATIVE Donald R. Hardy,1 Gilroy, CA 95020-6197 EACH OCCURRENCE 1,000,000 A �XcoMMERCLAL GENERAL LIABILITY X ZPP1IP1601914 09/1512014j 09MS12015 ERERISE•Eq $ 50,00( CLAIMS -MADE FKOCCUR j DEXP (AN_one parson) 5,00( PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREG�ATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ 2,000,00 ( POLICY PRO - $ JECT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _i,600,000 B ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS j CCV0446432 0712212014: 67/2212015 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ K I X NON-OWNED -15-FUJOER-f-y- DA--M-A—G—E­---'-­--'--' HIRED AUTOS AUTOS $ UMBRELLA LIAR OCCUR EXCESS LIAS EACH OCCURRENCE CLAIMS -MADE ..AGGREGATE DED RETENTION $ $ WOROER/M(CM RS ENAND PL ERT LIABIL]TY YIN AWOPRORIPR/FXECUTIVE OFFIBER EXCLUDED? INIA 2318315 01123/2015 61/23/2016 WCSTAT U- E. I. EACH ACCIDENT $ 1,000,000 Man akory in NH) I yes. describe under ! E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E. L. DISEASE - POLICY POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS! LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is;Fd'quirod) The City of Gilroy, its Officers and employees are named as additional insureds per attached endorsement L0085. Waiver of subrogation applies. CITYGII SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION: S DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street AUTHORIZED REPRESE14i.ATIVE Donald R. Hardy,1 Gilroy, CA 95020-6197 ACORD 25 (2010105) %W -1 ZOO-40-9 U Al.;UKU L;UKPURATION. Ali rights reserved. The ACORD name and logo are registered marks.of ACORD I Ir m S 0 U U 0 0 t- 0 0 0 m w ca 12 T 0 in a N 0 0 U N r STAGES UNILIMITEID PERSONS OR ORGANIZATIONS REQUIRED UNDER CONTRACT OR AGREEMENT ENDORSEMENT - AOOITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. Policy #ZPP11P1501914 Term 09/15/14 — 09/15/15 Now Coverage Is Changed 2. The limits of coverage applicable to the protected person are those specified in The following is added to the Who Is the written contract or agreement or in Protected Under This Agreement section. the Coverage Summary, whichever are This change broadens coverage. less. These limits of coverage are inclusive of and not in addition to the Persons or organizations required under contract limits: of insurance shown in the or agreement We'll protect an erson o r Coverage Summary, yp organization that you are required to add as an additional protected person under: • a written contract or agreement; or • an oral agreement or contract where a certificate of insurance showing that person or organization as an additional protected person has been issued. The written or oral contract or agreement must be: v currently in effect or becoming effective during the term of this policy; and o executed prior to the injury or damage. Coverage provided by this endorsement is limited as follows: That person or organization is a protected person with respect to liability resulting from: o premises you own, rent, lease, or occupy; or o your work for that protected person by or for you. The in: person that re . or surd perforr profess >vided to the protected )ply to injury or damage an architect's, engineer's, formance or failure to , engineer, or surveyor ices. We explain what we mean by architect, engineer,,or.surveyor. professional services in the Conttract liability exclusion. Other ins endorserr valid and primary, unless a this insur that it ar 'ante. Coverage provided by this it will be excess over any other :ollectible insurance whether :cess, contingent, or any basis :)ntraci: specifically requires that ice be primary or you request ly on a primary basis. Other Terms All other terms of your policy remain the same. The City of Gilroy, its officers and employees L0085 Ed. 12 -97 Endorsement c 1997 The St. Paul Travelers Companies, Inc. All Rights ikeserved Page 1 of 1 INTRODUCTION This policy protects against a variety of losses. There are also some restrictions. We've written this policy in plain, easy -to- understand English. We encourage you to read it carefully to determine what is and what is not covered, as well as the rights and duties of those protected. In return for your premium, we'll provide the protection stated in this policy. We, us, our, and ours mean St. Paul Fire and Marine Insurance Company. We're a capital stock company located in St. Paul, Minnesota. The words you, your, and yours mean the insured named here, who is an INDIVIDUAL KATY BAZURTO dba: STAGES UNLIMITED P.O. BOX 578 C/O KATY BAZURTO GILROY CA 95021 Our authorized representative is: 2760730 ENTERTAINMENT PRO INS 9645 PADRE PEAK COURT LAS VEGAS NV 89178 Authorized Representative Date TRAVELERSAT Policy Number: ZPP- IIP15019 -14 -47 GLENDALE SUITE 1600 655 NORTH CENTRAL AVENUE GLENDALE CA 91203 Your policy is composed of General Rules, an explanation of What To Do If You Have A Loss, one or more Coverage Summaries, and one or more Insuring Agreements explaining your coverage. It may also include one or more endorsements. Endorsements are documents that change your policy. The Policy Forms List shows all the forms included when this policy begins. One of our authorized representatives will also countersign the policy. This policy will begin on 09%15/14 and will .continue until 09/15/15 Your former policy number is automatically replaced: 'ZPP- 11P15019 -13 -47 Your premium for the policy period shown i's: However, please refer to the Premiums section of the General Rules to see how final premiums are determined. ��) LC.GL.,, PrrsiJ.•irr S`retdryr� Processing Date 09/17/14 09 :37 001 40800 Ed. 5 -87 Introduction e 1987 The Travelers Indemnity Company, All rights reserved. Page 1