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HomeMy WebLinkAboutStages Unlimited - 2016 AgreementAGREEMENT FOR SERVICES (For contracts of $5,000 or less) This AGREEMENT made this 20 day of Ma , 2016_, 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 20, 2016 and will continue in effect through __September 30 2016 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- 4852- 7028- 3284vl MDOLINGER104706083 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- 4852- 7028 -32840 MDOLINGER104706083 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. -3- 4852- 7028 -32840 MDOLINGER104706083 Insurance 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, 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 and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Commercial Liability insurance policy referred to in (a) immediately above) 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. 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. -4- 4852- 7028- 3284vl MDOLINGER104706083 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: 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 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. -5- 4852- 7028 -32840 MDOLINGEM04706083 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 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. -6- 4852- 7028- 3284vl MDOLINGER104706083 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 provisions of any jurisdiction. The 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. -7- 4852- 7028- 3284v1 MDOLINGER104706083 Executed at Gilroy, California, on the date and year first above written. CONSULTANT: eJ By: gAiTq kro (Print Name) Address for Notices: `i Social Security or Taxpayer Identification Number: CITY: CITY OF GILROY By: (Print Name) Address for Notices: 7351 Rosanna Street Gilroy, CA 95020 Approved as to Form: City Attorney -8- 4852- 7028 -32840 MDOLINGER104706083 Executed at Gilroy, California, on the date and year first above written. CONSULTANT: its Address for Notices: 'o ti 1M6 Social Security or Taxpayer Identification Number: AA - 6 4852- 7UM254vt MDMINGER104M033 CITY: CITY OF GILROY $y: (Print Name) Address for Notices: 7351 Rosanna Street Gilroy, CA 95020 Attn: City Administrator Attest: City Clerk Approved as t rm: "7 ity Attorney EXHIBIT "A" I. SCOPE OF SERVICES Cleaning, installation and removal of a 30 x 30 canopy tent at Christopher High School (CHS) Aquatics Center, 850 Day Road, 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 tent to be cleaned and installed by May 27, 2016. Canopy tent to be removed by September 30, 2016. 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. V. GENERAL PROVISIONS A. STANDARD OF WORKMANSHIP -9- 4852- 7028 -32840 MDOLINGERT4706083 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. -10- 4852- 7028- 3284v1 MDOLINGEM04706083 G. WAIVER. 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. J. 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- 4852- 7028- 3284v1 MDOLINGER104706083 EXHIBIT "B" PAYMENT SCHEDULE Net 30 days upon completion of the work for the clean -up and set -up (canopy tent installation). Net 30 days upon completion of the work for clean -up (canopy tent removal). 4852 - 7028- 3284v1 MDOLINGEM04706083 05/20/2016 15:09 8314759524 DONALD R HARDY PAGE 01/02 STAGUNI OP ID: BE -- CERTIFICATE OF LIABILITY INSURANCE OATE(MMfDDryyYY) THIS CERTIFICATE 18 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In IieU Of such endorsement s PRODUCER CONTACT UVIS Donald R Hardy Agency NAME; David J. Martini, AAI P.O. Box 308 PHQNE -- arc Ext $31- 475 -4314 Capitols, CA 95010 -AIL Arc N. I: 831-475-9524 Donald R. Hardy ADDRESg: INSURED stages Unlimitet P.O. Box 578 Gilroy, CA 95021 c! State D: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIM: fTYPE OF )NBURANCE POLICY NUMBER MM1D MMN1ar, YYY X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FKI OCCUR X X ZPPIIP1501915 0911512015 091151201( GEN'L AGGREGATE LIMIT APPLIES PER. oLlay El JECT (� PRO- I '�1 LOC THER AX ll R AUTOMOBILE LIABILITY F) ANY AUTO 8004010001619 07/22/2015 0712272016 ALL OWNED X SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON 8D UMBRELLA LIAR OCCUR EXCESS LIAR CLAIMS -MADE OED RETENTION $ WORKERS COMPENBATION AND EMPLOYERS' LIARILITY C ANY PROPRIETORRARTNERIEXECUTIVE YIN 912 t8316 011Z31201Q 0112312017 OFFICER /MEMBER EXCLUDED- N AA (Mandatary in NH) DESCRIPTION OF OPERATIONS I LOCATION5 I VEHICLES (ACORD 101, AddIIfanal RaMerka Schedule, may pe attached Ir More pace is requir The City of Gilroy, its officers and employees are named as additional insured per attached endorsement. Co, Company I Ins. Fund REVISION NUMBER: 23878 ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS :D HEREIN IS SUBJECT TO ALL i. THE TERMS, LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES owur/anc $ 100,00 MED EXP (Any one person) 3 5,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREOATE $ .2,000,00 PRODUCT$ - COMPlOP AGO 1 2,000,00 E Ea aBcNED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per por60n) $ BODILY INJURY (Par &Wdentl $ PROPS AMAG P aocldant ffi EACH OCCURRENCE $ AGGREGATE $ ffi X STR LITE ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 5 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 rd) CITYGI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 -6197 AUTHORIZED REPRESENTA .--,, Donald R. Hardy, 0 1988 -2014 ACORD CORPORATION rights reserved_ ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 0512012016 15:09 8314759524 DONALD R HARDY PERSONS OR ORGANIZATIONS RECIUIRED UNDER CONTRACT OR AGREEMENT ENDORSEMENT — ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection, How Coverage Is Changed The following is added to the Who Is Protected Under This Agreement section. This change broadens coverage. onw)I►Persons or organizatlons required under contract or agreement.. We'll protect any person or organization that Voir pr required to add—as an _additional rotect.e'doerson 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: . currently In effect or becoming effective during the term of this policy; and *executed prior to the Injury or damage. Coverage provided by this endorsement is limited as follows: 1. That person or organization is a protected person with respect to liability resulting from: • premises you own, rent, lease, or occupy; or • your work for that protected person by or for you. PAGE 02102 2. The limit's of coverage applicable to the protected person are those specified in the written contract or agreement or In the Coverage Summary, whichever are less. 'These Ilmits of coverage are inclusive of and not in addition to the limits of Insurance shown in the Coverage Summary. The insurance provided to the protected person doesn't apply to injury or damage that results from an architect's, engineer's, or surveyor's performance or failure to perform architect, engineer, or surveyor professional services. We explain what we mean by architect, engineer, or surveyor professional services In the Contract linbliity exclusion. Other rnWrence, Coverage provided by this endorsement will be excess over any other valid and collectible Insurance whether primary, excess, contingent, or any basis unless a contract specifically requires that this Insurance be primary or you request that it apply on a primary basis. Other Terms All other terms of your policy remain the same. L0085 Ed. 12 -97 Endorsement Stages Unlimited P.O. Box 578 Gilroy,. California 95021 WWW: Stagesunlimited.com Date: 03/28/16 To: Gilroy Parks and Rec Monica Sendejas Phone: (408) 846 -0266 Fax: Email: monica.sendejas @ci.gilroy.ca.us Subject: Canopy Removal - 2016 From: Stages Unlimited David C. Jardin Phone: 408 - 847 -6202 Fax: 408 - 847 -3582 Email: dj @stagesunlimited.com The following quote (This is not a contract) is based on the requirements for your event at Christopher High School on Tuesday, September 6th. Remove and store (in 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. Removal: Tuesday, September 6th 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, a new quote may be necessary reflecting a higher cost and /or we may not be able to schedule your event. To begin the confirmation process, please sign, date and return to our office. 5/20 Signed ��l Date `l b Stages Unlimited P.O. Box 578 Gilroy, California 95021 WWW: Stagesunlimited.com Date: 03/28/16 To: Gilroy Parks and Rec Monica Sendejas Phone: (408) 846 -0266 Fax: Email: monica.sendejas @ci.gilroy.ca.us Subject: Canopy Installation - 2016 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 13th. Install, (from school storage) 30' x 30 Canopy 300.00 Total 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 13th - 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, a new quote may be necessary reflecting a higher cost and /or we may not be able to schedule your event. To begin the confirmation process, please sign, date and return to our office. - Signed ()ate hVI/ b "/1 -� Stages Unlimited P.O. Box 578 Gilroy, California 95021 WWW: Stagesunlimited.com Date: 04/11/16 To: Gilroy Parks and Rec Monica Sendejas Phone: (408) 846 -0266 Fax: Email: monica.sendejas @ci.gilroy.ca.us Subject: Canopy Wash - 2016 From: Stages Unlimited David C. Jardin Phone: 408 - 847 -6202 Fax: 408 - 847 -3582 Email: dj @stagesunlimited.com The following quote (This is not a contract) is based on the requirements for your event at Christopher High School in Spring of 2016. Wash 30' x 30' Canopy 3 men @ 2 hours 150.00 Materials 100.00 Total 250.00 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: To Be Determined 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, a new quote may be necessary reflecting a higher cost and /or we may not be able to schedule your event. To begin the confirmation process, please sign, date and return to our office. Signed Date Sl /A/lb