HomeMy WebLinkAboutA8396 - PLACEWORKS INC.CONTRACT ABSTRACT
Contract
Company Name: PlaceWorks, Inc.
Company Contact: Jonathan Nettler
Summary of Services: Professional Services for limited update to the General Plan
Contract Price: $1,021,605
Funding Source: Contractual Services, 001-415-43200
Contract Term: Completion of Project (anticipated end of 2022)
Contract Administration
Lead Department: Development Services — Planning Division
Contract Administrator: David Newell
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date: May 6. 20211
Agenda Item No./ Resolution No.: Item #1J
Agreement No: A8396
Contract Compliance
Exhibits:
Yes
Signatures:
Yes
Insurance:
Yes
Bonds
No
Contract prepared by: Marcus Fuller
Submitted on: 4/11/22 By: David Newell
Note: This abstract is for a second amendment to original agreement (approved 9/18/19).
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
LIMITED GENERAL PLAN UPDATE AND
ASSOCIATED ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
This Amendment No. 2 to the Professional Services Agreement (A8396) is made
and entered into as of this 6 day of May, 2021, by and between the City of Palm Springs,
a California charter city and municipal corporation, ("City"), and Placeworks, Inc., a
California corporation, ("Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties."
Recitals.
A. City and Consultant entered into that certain Agreement No. 8396 for a limited
update to the City of Palm Springs General Plan, with associated environmental
assessment services as required under the California Environmental Quality Act,
("Project").
B. City requests Consultant to provide additional services for the Project relating
to Vision and Priorities, additional Community Outreach, additional analysis relating to the
Housing Element, and to extend the project schedule.
C. Consultant has submitted to City proposals to provide additional professional
services additional services relating to Vision and Priorities, additional Community
Outreach, additional analysis relating to the Housing Element, and to extend the project
schedule, under the terms of this Amendment No. 2.
D. The parties wish to enter into this Amendment No. 2 to proceed with the
additional professional services related to the expanded scope of work and extended
project schedule.
NOW, THEREFORE, in consideration of these promises and mutual obligations,
covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference
herein as the basis for this Second Amendment.
SECTION 2. Section 2.1 Maximum Contract Amount of the Agreement is hereby
amended as follows:
SECTION 3. Exhibit "A" "Scope of Work" is hereby revised by incorporating the
additional professional services as outlined in the Consultant's proposal dated April 26,
2021, included herewith as Attachment 1 and incorporated herein by reference.
Page 1 of 4
SECTION 4. Exhibit "C" "Schedule of Compensation" is hereby revised by replacing
the itemized list of fees identified on Page 1 of Exhibit "C" with the following:
Lump Sum
Original Scope of Work (Agreement A8396) $ 852,800
Amendment: Safety Element Update $ 44,250
Amendment: Expanded Greenhouse Gas Emissions Inventory $ 28,025
Amendment: Confirm Vision and Priorities $ 1,260
Amendment: Community Outreach 'Road Show" $ 12,470
Amendment: Review and Revise Administration Chapter $ 4,330
Amendment: Comprehensive Housing Element $ 22,500
Amendment: Project Administration 56,190
Total Maximum not to Exceed Contract Amount $1,021,605
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the
Professional Services Agreement (A8396), unless specifically modified herein, shall
continue in full force and effect. In the event of any conflict or inconsistency between the
provisions of this Amendment No. 2 and any provisions of the Professional Services
Agreement ( A8396), the provisions of this Amendment No. 2 shall in all respects govern
and control.
SECTION 6. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (III) by so executing
this Amendment No. 2, such party is formally bound to the provisions of this Amendment
No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any
other agreement to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Page 2 of 4
ATTACHMENT 1
FOLLOWS THIS PAGE
Page 4 of 4
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to as
of the dates stated below.
CITY OF PALM SPRINGS
Approved :
i
i •
City Manager
A -I o! La a
Dat
Approved as to Form:
4tw
Jeffre Ili g
City Attorney
APPROVED BY CITY COUNCIL:
J.
Date:° 4 l Agreement No. gt3j&
PLACEWORKS, INC., a California
corporation
Signature
Tod
Name
Tres l�r
Title
Sig atuti re
Ke? #eI76Yr7/
Name
Title
Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
Page 3 of 4
ATTACHMENT 1
FOLLOWS THIS PAGE
Page 4 of 4
ATTACHMENT 1
FOLLOWS THIS PAGE
Page 4 of 4
April 26, 2021
Flinn Fagg
Director of Planning Services
City ofPalm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Proposal for Additional Services related to supplemental General Plan outreach and completion
of the Housing Element
Dear Flinn:
Thank you for asking PlaceWorks to provide additional services to facilitate the update of the City's General
Plan. This letter proposal provides our understanding of the additional work based on our discussions with
City staff and a proposed scope of work and fee estimate.
Understanding of the Project
We understand that the City of Palm Springs wishes to conduct targeted outreach at the request of the City
Council (CC) to solicit additional feedback from residents and stakeholders related to the General Plan's
Vision and Priorities and topics related to Housing and Environmental Justice, for consideration as part of the
General Plan Update project.
Although the General Plan update is scoped to be administrative and therefore more limited in nature, the
revised General Plan Vision and Priorities will guide more comprehensive updates to the General Plan that
may occur in the future. The feedback received during the additional outreach will serve as the basis for
further refinements to the recommended revisions to the Vision and Priorities advanced by the General Plan
Steering Committee (CPSC)rand Planning Commission (PC), and for updates to the Administration section of
the current General Plan to reflect that outreach.
The update of the General Plan's Housing, Land Use and Circulation Elements also provides an opportunity
to engage Palm Springs' residents in a community conversation around more specific opportunities and
challenges related to those topics. Hence, the supplemental outreach that will be undertaken at the request
of the Council will also include discussion of these topics.
Scope of Work
The additional services outlined in this letter proposal consists of
AUGMENT TO TASK 2.3 - CONFIRM THE VISION & PRIORITIES
To solicit additional feedback on potential revisions to the Vision and Priorities, City staff has meet with
stakeholder groups including the Chamber of Commerce, Hospitality Association, General Managers Group,
Main Street Palm Springs, Commercial Real Estate Brokers and Coachella Valley Economic Partnership. City
staff collected comments during those meetings and providing a surveyto solicit furtherfeedback as a follow
up action. Based on the comments gathered during that outreach, and the supplemental outreach conducted
in relation with Task 2.5 in this proposal, PlaceWorks will recommend potential revisions to the draft Vision
and Guiding Principles. This work augments the scope and budget for Task 2.3 in PlaceWorks' existing
contract for the General Plan Update, which did not account for targeted stakeholder outreach and
subsequent revisions to the draft Vision and Priorities.
PLACEWORKS.COM • Orange County • Bay Area • Los Angeles • Sacramento • Central Coast! Inland Empire • San Diego
® PLACEWORKS
This scope and fee assume that City staff will attend all meetings with stakeholder groups, will conduct
surveys and will forward all information received to PlaceWorks. It is assumed that PlaceWorks will not attend
any stakeholder meetings or conduct stakeholder outreach.
Deliverable(s):
Memo recommending revisions to the draft Vision and Priorities
AUGMENT TO TASK 2.5 — COMMUNITY OUTREACH "ROAD SHOW"
Forthis task, PlaceWorks will prepare presentation materials and talking points for City staff to present during
their supplemental outreach "road show" to targeted stakeholder and community groups. PlaceWorks will
prepare one draft PPT and one final PPT based on comments provided by City staff. In addition to confirming
the draft Vision and Priorities, presentation materials will be oriented towards introducing existing conditions
and key themes associated with Housing and Environmental Justice and soliciting feedback that could be
helpful in drafting the General Plan's updated Goals and Policies or for further study.
It is anticipated that PleaceWorks will develop an accompanying online surveyto gather additional feedback
on these topics. It is assumed that the costs for the survey will be accommodated within the remaining
budgetforTask 2.6 Website Content and Online Engagement, which totaled approximately $4,100 as of April
1, 2021.
It is assumed that PlaceWorks will not participate in any supplemental outreach meetings associated with
the "road show", and that City staff will record notes and provide them to PlaceWorks for analysis. Based on
that analysis, PlaceWorks will recommend potential revisions to the Goals and Policies in the updated
General Plan. This work augments the scope and budget for Task 2.5 Community -wide Workshops in
PlaceWorks' existing contract for the General Plan Update. Costs for translation of meeting materials or
providing live translation at events are not included in this proposal.
Deliverable(s):
• Draft and Final PPT presentation soliciting community feedback on the draft Vision and Priorities,
Housing and Environmental Justice
• Memo summarizing key themes and takeaways received during additional stakeholder outreach, and
recommending potential revisions to the General Plan Goals and Policies
AUGMENT TO TASK 3.6 - REVIEW AND REVISE ADMINISTRATION CHAPTER
For this task, PlaceWorks will review the current General Plan's Administration chapter and identify any
sections that should be revised for consistency with the revised Vision and Priorities, to reflect the outreach
process for the limited GP update project, to address any changes to background Information, to update
associated figures and to revise any requisite administrative processes. Based on that review, PlaceWorks
will prepare a "track changes' draft of a revised Administration chapter for review and comment by City staff.
PlaceWorks will produce a final draft of a revised Administration chapter based on comments provided by
City Staff. In the current contract for the General Plan Update, the scope and budget for Task 3.6 accounted.
for a limited revision of the Administration Chapter to update language describing Planned Development
Districts (PDD). This proposal expands the scope and budget for Task 3.6 to account for more extensive
revisions to the Administration Chapter, as requested by City Council.
Deliverable(s):
• Draft and Final revised Administration Chapter
04/26/21 1 Page 2
® PLACEWORKS
AUGMENT TO TASK 3.9 — COMPREHENSIVE HOUSING ELEMENT UPDATE
Assembly Bill 686, signed in 2018, establishes an independent state mandate that expands and protects the
duty of all California's public agencies to Affirmatively Further Fair Housing (AFFH). While the Fair
Employment and Housing Act (FEHA), provides broad protections to California residents, prohibiting housing
discrimination through public or private land use practices, decisions, and authorizations based upon race,
color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, or genetic information, AB 686 takes it further
by requiring state and local agencies to facilitate deliberate action to explicitly address, combat, and relieve
disparities resulting from past patterns of segregation to foster more inclusive communities.
AB 686 also creates new requirements for Housing Elements. Though the State's Department of Housing and
Community Development (HCD) is still draftingthe guidelines explaining how Housing Elements must address
AB 686, we now understand these requirements will include an assessment of disproportionate housing
needs, assessment of fair housing status and practices, an analysis of the relationship between available sites
and areas of high or low opportunity, and responsive goals, policies, and programs to affirmatively further
fair housing. The attached memo highlights the required components for each respective Housing Element
Section or Chapter that must be included in order to affirmatively further fair housing.
Community outreach continues to be an important part of the Housing Element and General Plan update.
For the Housing Element, fair housing outreach currently builds on the City's adopted 2019 Analysis of
Impediments to Fair Housing and is supplemented by the Consolidated Plan outreach, and additional
consultations with the Department of Employment and Fair Housing and local fair housing provider. We also
recognize that other related efforts are underway that will overlap with the Housing Element update, such
as the Social Equity and Justice Committee and other efforts. In order to meet statutory deadlines, we have
not included additional consultations at this time. However, should the opportunity or desire for additional
fair housing outreach occur, we can provide an additional time and materials scope for that effort.
Due to the unique housing market In the Coachella Valley, Palm Springs is relying on a proactive approach to
facilitating Accessory Dwelling Units (ADUs) as a key strategy to address the City's share of the regional
housing need. As City staff is aware, unforeseen changes in HCD's approach to the adequate sites
requirement for ADUs, analysis of historical ADU development patterns, and subsequent revisions to the
RHNA strategy necessitated by an evolving development project pipeline have exhausted the original budget
allocated for completion of the draftand final Housing Element. As such, the attached cost proposal identifies
additional funds necessary to complete the first and second draft updated Housing Element.
DeRveral le(s):
• Draft and Final Housing Needs, Sites Inventory and Programs for the updated Housing Element that
affirmatively further fair housing
• First Draft revised Housing Element and Final First Draft for submission to HCD
• Second Draft revised Housing Element responding to comments provided by HCD and Final Second
Draft
AUGMENT TO TASK 7 — PROJECT ADMINISTRATION
The original proposal for the General Plan Update project envisioned a 21-month timeline to project
completion in May 2021 and a total of $95,200 for Task 7 Project Administration. This task is comprised of
work associated with project management (task 7.1) and meetings with City staff (task 7.2). As the project
enters May 2021, that budget is nearly depleted. Due to the Impacts of the global COVID-19 pandemic and
other factors, including the heed for supplemental outreach identified above, PlaceWorks and City staff are
04/26/21 1 Page 3
PLACEWORKS
now estimating project completion in April 2022. The costs proposed for Task 7 assume administration
costs for 12 additional months, expended at a similar burn rate as has occurred during the project to date.
Cost Estimate
Table 1 presents the proposed budget for the production of materials for, and analysis of, supplemental
outreach, and subsequent updates to the General Plan's Vision and Priorities, Administration Chapter,
Housing Element, Land Use Element and Circulation Element. The proposed budget includes time and
materials for PlaceWorks. A detailed budget breakdown of each task and subtask with estimated hours and
rates by staff member is attached.
Table 1. Cost Estimate
TASK
COST
Augment to Task 2.3 Confirm the Vision and Priorities
$1,260
Augment to Tasks 2.5 Community outreach "road show"
S12,470
Augment to Task 3.6 Review and Revise Administration Chapter
$4,330
Augment to Task 3.9 Comprehensive Housing Element
$22,500
Augment to Task 7 Project Administration
$56,190
GRAND TOTAL
$96,750
Table 2. 2021 Standard Fee Schedule
PlaceWorks - 2021 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$210-$335
Associate Principal
$195-$225
Senior Associate/Senior Scientist II
$170-$210
Senior Associate/Senior Scientist 1
$160-$190
Associate/Scientist II
$135-$165
Associate/Scientist 1
$125-$150
Project Planner/Project Scientist
$305-$125
Planner/Assistant Scientist
$90-$110
Graphics Specialist
$90-$135
Administrator
$145-$200
Technical Editing/Word Processing/Clerical
$45-$150
Intern
$75-$95
Possible anrwal Increase of 5%on big Was 5ubwnwltants are bilk-0at cost plus 30%. Mileage reimbursement rate is the standard IRS approved rate.
03126/20215tandard
04/26/21 1 Page 4
® PLACEWORKS
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. As a Principal, I am
authorized to bind the project team to the contents of this submittal and to negotiate contracts on behalf of
PlaceWorks. If you have any questions regarding the contents of this proposal, please feel free to contact the
undersigned.
Respectfully submitted,
PLACEWORKS
Wendy Nowak, AICP
Principal
04/26/21 1 Page 5
PROFESSIONAL SERVICES AGREEMENT
LIMITED GENERAL PLAN UPDATE
PLACEWORKS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into, and
effective on September 18, 2019, between the CITY OF PALM SPRINGS, a California charter
city and municipal corporation, ("City") and Placeworks, Inc., a California Corporation
("Consultant"). City and Consultant are individually referred to as "Party" and are collectively
referred to as the"Parties".
RECITALS
A. City has determined that there is a need for planning and CEQA services for the
limited update to the City's General Plan ("Project").
B. Consultant has submitted to City a proposal to provide planning and CEQA services
to City for the Project under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided in this
Agreement.
D. City desires to retain Consultant to provide such professional services.
In consideration of these promises and mutual obligations, covenants, and conditions, the
Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit"A"(the"Services"or"Work") ,which is attached and incorporated
by reference. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that Consultant is a provider of first class work and professional services
and that Consultant is experienced in performing the Work and Services contemplated and,in light
of such status and experience, Consultant covenants that it shall follow the highest professional
standards in performing the Work and Services required in this Agreement. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized as high quality among well-qualified and experienced professionals performing similar
work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1)this Agreement;(2) the Scope of Services; (3)the City's Request for Proposals; and,
(4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"),
Revised: 1/31/181
720669.1
(collectively referred to as the"Contract Documents"). The City's Request.for Proposals and the
Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are
incorporated by reference and are made a part of this Agreement. The Scope of Services shall
include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for
Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or
inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved
by applying the provisions in the highest priority document, which shall be determined in the
following order of priority: (1st) the provisions of the Scope of Services (Exhibit "A"); (2"d) the
provisions of the City's Request for Proposal (Exhibit`B"); (3rd)the terms of this Agreement; and,
(4th) the provisions of the Consultant's Proposal (Exhibit"C").
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be
performed in accordance with all applicable federal, state, and local laws, statutes, ordinances
lawful orders, rules, and regulations.
1.4 Licenses,Permits,Fees, and Assessments. Consultant represents and warrants to
City that it has obtained all licenses,permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession and perform the Work and Services required by this
Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any license, permit,
qualification, or approval that is legally required for Consultant to perform the Work and Services
under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments,
and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Consultant's performance of the Work and Services required by this
Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees,
assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest
extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant(a) has thoroughly investigated and considered the Scope of Services to be performed,
(b) has carefully considered how the Services should be performed, and (c) fully understands the
facilities,difficulties, and restrictions attending performance of the Services under this Agreement.
If the Services involve work upon any site, Consultant warrants that Consultant has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of any Services. Should the Consultant discover any latent or unknown conditions
that will materially affect the performance of the Services, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions are
received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents,plans, studies,and/or other components to prevent losses or damages. Consultant shall
be responsible for all such damages, to persons or property, until acceptance of the Work by the
City, except such losses or damages as may be caused by City's own negligence.
Revised: 1/31/182
720669.1
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in good
faith to execute all instruments, prepare all documents, and take all actions as may be reasonably
necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Consultant,incorporating any adjustment in(i)the Maximum Contract Amount, as defined below,
and/or(ii)the time to perform this Agreement. Any adjustments must also be approved in writing
by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the
Maximum Contract Amount or$25,000,whichever is less, or in the time to perform of up to thirty
(30) days, may be approved by the City Manager; or his designee, as may be needed to perform
any extra work. Any greater increases, occurring either separately or cumulatively, must be
approved by the Palm Springs City Council. It is expressly understood by Consultant that the
provisions of this section shall not apply to the services specifically set forth or reasonably
contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,which
is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall
not exceed the maximum contract amount of eight-hundred fifty-two thousand five-hundred eighty
Dollars, ($852,580.00) ("Maximum Contract Amount"), except as may be provided under Section
1.8. The method of compensation shall be as set forth in Exhibit"D." Compensation for necessary
expenditures for reproduction costs, telephone expenses, and transportation expenses must be
approved in advance by the Contract Officer designated under Section 4.2 and will only be
approved if such expenses are also specified in the Schedule of Compensation. The Maximum
Contract Amount shall include the attendance of Consultant at all Project meetings reasonably
deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum
Contract Amount for attending these meetings. Consultant accepts the risk that the services
identified in the Scope of Services may be more costly and/or time-consuming than Consultant
anticipates,that Consultant shall not be entitled to additional compensation, and that the provisions
of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The
maximum amount of city's payment obligation under this section is the amount specified in this
Agreement. If the City's maximum payment obligation is reached before the Consultant's
Services under this Agreement are completed, Consultant shall complete the Work and City shall
not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, Consultant shall submit to the City an invoice for services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City's Finance Director and must be
submitted no later than the tenth (10) working day of such month. Such requests shall be based
Revised: 1/31/183
720669.1
upon the amount and value of the services performed by Consultant and accompanied by such
reporting data including an itemized breakdown of all costs incurred and tasks performed during
the period covered by the invoice, as may be required by the City. City shall use reasonable efforts
to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon
as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to the
City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of
this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement
according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by
reference.
3.2 Schedule of Performance. Consultant shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
time period(s) established in the Schedule of Performance. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered under this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Consultant(financial inability excepted) if Consultant, within ten(10) days of the commencement
of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable
causes include,but are not limited to,acts of God or of the public enemy,unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, and/or acts of any governmental agency, including the City. The City Manager shall
ascertain the facts and the extent of delay, and extend the time for performing the Services for the
period of the enforced delay when and if in the judgment of the City Manager such delay is
Revised: 1/31/184
720669.1
justified. The City Manager's determination shall be final and conclusive upon the Parties to this
Agreement. In no event shall Consultant be entitled to recover damages against the City for any
delay in the performance of this Agreement, however caused, Consultant's sole remedy being
extension of the Agreement under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall
commence upon the effective date of this Agreement and continue in full force and effect until
completion of the Services. However, the term shall not exceed two (2) years from the
commencement date, except as otherwise provided in the Schedule of Performance described in
Section 3.2 above. Any extension must be through mutual written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement
for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty
(30) days written notice. Where termination is due to the fault of Consultant 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 such notice, City shall pay Consultant for Services
performed through the date of termination. Upon receipt of such notice, Consultant shall
immediately cease all work under this Agreement, unless stated otherwise in the notice or by
written authorization of the Contract Officer. After such notice, Consultant shall have no further
claims against the City under this Agreement. Upon termination of the Agreement under this
section, Consultant shall submit to the City an invoice for work and services performed prior to
the date of termination. Consultant may terminate this Agreement, with or without cause, upon
sixty (60) days written notice to the City, except that where termination is due to material default
by the City, the period of notice may be such shorter time as the Consultant may determine.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement: Wendy
Nowak, Principal. It is expressly understood that the experience, knowledge, education,
capability, expertise, 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 Consultant and devoting sufficient time to
personally supervise the services performed hereunder. The foregoing principal may not be
changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were
a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not
assign full or partial performance of this Agreement, nor any monies due, voluntarily or by
Revised: 1/31/185
720669.1
operation of law, without the prior written consent of City. Consultant shall not contract with any
other entity to perform the Services required under this Agreement without the prior written
consent of City. If Consultant is permitted to subcontract any part of this Agreement by City,
Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the
same manner as it is for persons directly employed. Nothing contained in this Agreement shall
create any contractual relationships between any subConsultant and City. All persons engaged in
the Work will be considered employees of Consultant. City will deal directly with and will make
all payments to Consultant. In addition,neither this Agreement nor any interest in this Agreement
may be transferred, assigned, conveyed,hypothecated, or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise,without the prior written consent of City.
Transfers restricted in this Agreement shall include the transfer to any person or group of persons
acting in concert of more than twenty five percent (25%) of the present ownership and/or control
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release Consultant or any surety of Consultant from any liability under this
Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an
independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in this
Agreement. Consultant,its officers, employees,or agents shall not maintain an office or any other
type of fixed business location at City's offices. City shall have no voice in the selection,
discharge, supervision, or control of Consultant's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, including but not limited to social
security income tax withholding,unemployment compensation,workers' compensation,and other
similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with
Consultant.
B. Consultant shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant,its officers, employees, or
agents in connection with any performance under this Agreement. Except for professional fees
paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other
compensation to Consultant for the performance of Services under this Agreement. City shall not
be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for
injury or sickness arising out of performing Services. If for any reason any court or governmental
Revised:1/31/186
720669.1
agency determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement,of any nature relating to salary,taxes,or benefits of Consultant's
officers, employees, servants, representatives, subConsultants, or agents, Consultant shall
indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense,the insurance described below. The insurance shall be for the duration of this Agreement
and includes any extensions,unless otherwise specified in this Agreement. The insurance shall be
procured in a form and content satisfactory to City. The insurance shall apply against claims which
may arise from the Consultant's performance of Work under this Agreement, including
Consultant's agents,representatives, or employees. In the event the City Manager determines that
the Work or Services to be performed under this Agreement creates an increased or decreased risk
of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be
changed accordingly upon receipt of written notice from the City Manager or his designee.
Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels
specified in this Agreement. Except as otherwise authorized below for professional liability(errors
and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence
basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability(errors and omissions)insurance coverage in an amount of not less than one million dollars
($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in
accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant
is unaware of any professional liability claims made against Consultant and is unaware of any facts
which may lead to such a claim against Consultant; or (b) if Consultant does not provide the
certification under (a), Consultant shall procure from the professional liability insurer an
endorsement providing that the required limits of the policy shall apply separately to claims arising
from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a"claims made"basis,the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for a
period of three (3) years from the date of the completion of the Services provided hereunder. In
the event of termination of the policy during this period, Consultant shall obtain continuing
insurance coverage for the prior acts or omissions of Consultant during the course of performing
Services under the terms of this Agreement. The coverage shall be evidenced by either a new
policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the
present or new carrier or other insurance arrangements providing for complete coverage, either of
which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an"occurrence"basis,
the policy shall be continued in full force and effect during the term of this Agreement, or until
Revised: 1/31/187
720669.1
completion of the Services provided for in this Agreement, whichever is later. In the event of
termination of the policy during this period,new coverage shall immediately be obtained to ensure
coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory requirements,
as required by the State of California. Consultant agrees to waive and obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its workers' compensation
insurance policy against the City and to require each of its subConsultants, if any, to do likewise
under their workers' compensation insurance policies. If Consultant has no employees,Consultant
shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement
form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at least
one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for
bodily injury and property damage including coverages for contractual liability, personal injury,
independent Consultants,broad form property damage,products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of employer liability insurance
written on a per occurrence basis with a policy limit of at least one million dollars($1,000,000.00)
for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager or his/her designee prior to
commencing any work or services under this Agreement. Consultant guarantees payment of all
deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured
retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of
pending claims and claims history as well as evidence of Consultant's ability to pay claims for all
deductible amounts and self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant under this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be
primary insurance with respect to the City and its officers,council members,
officials, employees, agents, and volunteers. Any insurance or self-
Revised: 1/31/188
720669.1
insurance maintained by the City and its officers, council members,
officials, employees, agents, and volunteers shall be in excess of
Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City
and its officers, council members, officials, employees, agents, and
volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured,
including additional insureds, against whom a claim is made or suit is
brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations shall
limit the application of such insurance coverage.
5.3.4 No required insurance coverages may include any limiting endorsement
which substantially impairs the coverages set forth in this Agreement (e.g.,
elimination of contractual liability or reduction of discovery period),unless
the endorsement has first been submitted to the City Manager and approved
in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required)to comply with the requirements
of the endorsements. Certificates of insurance will not be accepted in lieu
of required endorsements, and submittal of certificates without required
endorsements may delay commencement of the Project. It is Consultant's
obligation to ensure timely compliance with all insurance submittal
requirements as provided in this Agreement.
5.3.6 Consultant agrees to ensure that subConsultants, and any other parties
involved with the Project who are brought onto or involved in the Project
by Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subConsultants and others engaged in the
Project will be submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on the
City nor does it waive any rights in this or any other regard.
Revised:1/31/189
720669.1
5.3.8 Consultant shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement,have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
Endorsements as required in this Agreement applicable to the renewing or
new coverage shall be provided to City no later than ten (10) days prior to
expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in
this section are not intended as limitations on coverage, limits, or other
requirements, or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts
with or impair the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this Agreement
and for any other claim or loss which may reduce the insurance available to
pay claims arising out of this Agreement. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City, or to
reduce or dilute insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Consultant may be held
responsible for the payment of damages resulting from the Consultant's
activities or the activities of any person or person for which the Consultant
is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII,
or better,unless such requirements are waived in writing by the City Manager or his designee due
to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers'
Revised: 1/31/1810
720669.1
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any
and all workperformed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be received
and approved by the City before work commences. All certificates of insurance must be authorized
by a person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the commencement of
work shall not waive the Consultant's obligation to provide them.
Revised: 1/31/1811
720669.1
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law,
Consultant shall defend (at Consultant'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 reasonable attorney fees (collectively"Claims"), including but
not limited to Claims arising from injuries to or death of persons (Consultant'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 Consultant,
its officers, employees, representatives, and agents, that arise out of or relate to Consultant's
negligent performance or willful misconduct under this Agreement. This indemnification clause
excludes Claims arising from the sole negligence or willful misconduct of the City, its elected
officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance
requirements and limits set forth in this Agreement be construed to limit Consultant's
indemnification obligation or other liability under this Agreement. Consultant's indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all actions
against the Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final. This
provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this
Agreement.
6.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party"; collectively "Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of,pertain to,or are related to the negligence,recklessness or willful misconduct of Consultant,
its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful
performance of or failure to perform any term,provision, covenant or condition of this Agreement
("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the
extent such Claims arise from the negligence, recklessness or willful misconduct of the City and
its elected officials, officers, employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-Consultants,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 6.1 in favor of the Indemnified Parties. In addition,Consultant shall require all non-design-
professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or
Work required under this Agreement, to obtain insurance that is consistent with the Insurance
Revised: 1/31/1812
720669.1
provisions as set forth in this Agreement, as well as any other insurance that may be required by
Contract Officer.
7. REPORTS AND RECORDS
7.1 AccountinlZ Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the
Services required by this Agreement and to enable the Contract Officer to evaluate the performance
of such Services. The Contract Officer shall have full and free access to such books and records
at all reasonable times,including the right to inspect, copy, audit, and make records and transcripts
from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about
the cost of the Work and Services to be performed under this Agreement. For this reason,
Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated
increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the contemplated Work or
Services. If Consultant is providing design services, Consultant shall promptly notify the Contract
Officer the estimated increased or decreased cost for the project being designed if Consultant
becomes aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared- by
Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall
be the property of City and shall be promptly delivered to City upon request of the Contract Officer
or upon the termination of this Agreement. Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership of the
documents and materials. Any use of such completed documents for other projects and/or use of
incomplete documents without specific written authorization by the Consultant will be at the City's
sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all
resulting damages. Consultant may retain copies of such documents for their own use. Consultant
shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall
ensure that all its subConsultants shall provide for assignment to City of any documents or
materials prepared by them. In the event Consultant fails to secure such assignment, Consultant
shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications,reports,records, documents,
and other materials prepared by Consultant in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer. All
information gained by Consultant in the performance of this Agreement shall be considered
confidential and shall not be released by Consultant without City's prior written authorization.
Revised: 1/31/1813
720669.1
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Consultant's performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of final
payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as 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 Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,
any rule of construction of contracts (including, without limitation, California Civil Code Section
1654) that ambiguities are to be construed against the drafting party, shall not be employed in the
interpretation of this Agreement. The caption headings of the various sections and paragraphs of
this Agreement are for convenience and identification purposes only and shall not be deemed to
limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager,or his designee,determines that Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall notify
Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period
as City may designate, to cure the default by rendering satisfactory performance. In the event
Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law,in equity,
or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a
result of such default. Compliance with the provisions of this section shall not constitute a waiver
of any City right to take legal action in the event that the dispute is not cured,provided that nothing
shall limit City's right to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its obligations
under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over
the work and prosecute the same to completion by contract or otherwise. The Consultant shall be
Revised: 1/31/1814
720669.1
liable to the extent that the total cost for completion of the Services required hereunder exceeds
the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate
such damages). The City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated. The withholding or failure
to withhold payments to Consultant shall not limit Consultant's liability for completion of the
Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom enforcement of
a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition,
or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or
other default or breach, nor shall failure by the Parties to require exact, full, and complete
compliance with any of the covenants, conditions, or terms contained in this Agreement be
construed as changing the terms of this Agreement in any manner or preventing the Parties from
enforcing the full provisions.
8.5 Rights and Remedies 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.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be
entitled,in addition to such other relief as may be granted,to recover from the non-prevailing Party
all reasonable costs and expenses. These include but are not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within
thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the
prevailing Party in such litigation or proceeding.
Revised: 1/31/1815
720669.1
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Consultant, 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 Consultant or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant
enter into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given,
and will not pay or give, any third party any money or other consideration in exchange for
obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Consultant shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin ( i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Consultant activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Consultant is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law,
and in lieu of any other warranty by City or Consultant against patent or copyright infringement,
statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any presently
existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally
awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the
suit or claim and given authority, information and assistance at Consultant's expense for the
defense of same, and provided such suit or claim arises out of, pertains to, or is related to the
negligence, recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that
City's alteration of such deliverable created the infringement upon any presently existing U.S.
Revised: 1/31/1816
720669.1
letters patent or copyright; or (2) the use of a deliverable in combination with other material not
provided by Consultant when it is such use in combination which infringes upon an existing U.S.
letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
claim,provided,however,that such defense shall be at Consultant's expense. Consultant shall not
be obligated to indemnify City under any settlement that is made without Consultant's consent,
which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of
the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell
the item, or shall substitute an equivalent item acceptable to City and extend this patent and
copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with
attached evidence of completed transmission. All notices shall be deemed received upon the
earlier of(i) the date of delivery to the address of the person to receive such notice if delivered
personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting
by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice,
request, demand, direction, or other communication sent by facsimile must be confirmed within
forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such
as e-mails, text messages, and instant messages are not acceptable manners of notice required
hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Patin springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Placeworks, Inc.
Attention: Wendy Nowak, Project Manager
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Telephone: (714) 966-9220 x2350
10.3 Integrated Agreement. This Agreement constitutes the entire agreement between
the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter in this
Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
Revised: 1/31/1817
720669.1
10.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision of
this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the reminder of that provision, or the remaining provisions of this
Agreement 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.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that(i)the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or
she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he
or she is signing, (iii) by so executing this Agreement, the Parry for which he or she is signing 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 the Party for which he or she is signing
is bound.
Revised: 1/31/1818
720669.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
"CITY"
City of Palm Springs
Date: l 0 Zy to I -1 By.
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: By: /I-/%A
Jef y Balling An ony Meji
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
APPF10VC-- 9 BY G11 Y Ct;U N011-
ftl-6 —Date: q'��-�`� Agreement No. - -----
Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The
second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer.
CONSULTANT NAME:
P1aceWorks, Inc. Check one_Individual_Partnership X Corporation
3 MacArthur Place, Suite 1100
Address
Santa Ana, Ca 92707
c
By By ��� � P�.....�—
Signature(Notarized) ignature(No ar zed
Revised: 1/31/1819
720669.1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 9, 2019 before me, Jennifer Martinez
(insert name and title of the officer)
personally appeared William Halligan
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. �• _:, JENNIFERMARTINEZ
Notary Public-California
Orange County
_ Commission k 22a5148
My Comm.Expires Apr 13,2023
Signature4AMA,& (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County.of Orange )
On October 9, 2019 before me, Jennifer Martinez
(insert name and title of the officer)
personally appeared Keith McCann
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and.that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. 0--`- MY
JENNIfERMARTINQNotary Public-CaliforniaOrange County, Commission#2285148
Comm.Expires Apr 13,2023
Signature (Seal)
EXHIBIT "A"
SCOPE OF SERVICES
c
720669.1
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
720669.1
EXHIBIT "C"
CONSULTANT'S PROPOSAL
720669.1
EXHIBIT "D"
SCHEDULE OF COMPENSATION
720669.1
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
720669.1
AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT
LIMITED GENERAL PLAN UPDATE AND
ASSOCIATED ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
This Amendment No. 1 to the Professional Se ices greement (A8396), ("Amendment
No. 1"), is made and entered into this day of ' I , 2020, by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and
PlaceWorks Inc., a California corporation, ("Consultant'). City and Consultant are individually
referred to as 'Parry" and are collectively referred to as the "Parties'.
RECITALS
A. City and Consultant entered into that certain Agreement No. 8396 for a limited
update to the City of Palm Springs General Plan, with associated environmental assessment
services as required under the California Environmental Quality Act, ("Project').
B. City requests Consultant to provide additional services for the Project related to
amendments to the Safety Element, as required under State law, and an expanded greenhouse
gas emissions inventory.
C. Consultant has submitted to City proposals to provide additional professional
services to prepare amendments to the Safety Element, including climate change vulnerability
assessments and the development of associated goals and polices, and to conduct an expanded
greenhouse gas emissions inventory, under the terms of this Amendment No. 1.
D. The parties wish to enter into this Amendment No. 1 to proceed with the additional
professional services related to the expanded scope of work for the limited General Plan update
and greenhouse gas emissions inventory.
NOW, THEREFORE, in consideration of these promises and mutual obligations,
covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein
as the basis for this First Amendment.
SECTION 2. Section 2.1 Maximum Contract Amount of the Agreement is hereby
amended as follows:
The Maximum Contract Amount is increased by $72,275 to a new Maximum Contract
Amount of$924,855.
SECTION 3. Exhibit"A" "Scope of Work" is hereby revised by incorporating the additional
professional services as outlined in the Consultant's proposal for Task 3.10 (Safety Element
Update), dated December 20, 2019, and the services outlines in the Consultant's proposal for
the Greenhouse Gas Emissions Inventory, dated March 9, 2020, both of which are included
herewith as Attachment 1.
SECTION 4. Exhibit "C" "Schedule of Compensation" is hereby revised by replacing the
itemized list of fees identified on Page 1 of Exhibit "C" with the following:
Lump Sum
Original Scope of Work (Agreement A8396) $ 852,800
Amendment: Safety Element Update $ 44,250
Amendment: Expanded Greenhouse Gas Emissions Inventory $ 28,025
Total Maximum not to Exceed Contract Amount $ 924,855
SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the
Professional Services Agreement (A8396), unless specifically modified herein, shall continue in
full force and effect. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 1 and any provisions of the Professional Services Agreement (A8396), the
provisions of this Amendment No. 1 shall in all respects govern and control.
SECTION 6. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (III) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv)the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as. of the dates
stated below:
"CITY"
City of Palm Springs
Date: By: +
David H. Ready,
City Manager
APPROVED AS TO FORM: ATTEST:
By: By:
Jeffrey Ballinger, . A&a6ny J M ji ,
City Attorney City Clerk
"CONSULTANT" APPROVED BY CRY COUNCIL ,
PlaceWorks Inc., a California corporation �Z 620
3 MacArthur Place,Suite.1100
Santa Ana, CA 92707,
Date: By:
Signat re
Printed Name/Titla
Date: By: -�
Signature
Printed Name itle
Check one: _Individual _Partnership Y Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board,
President, or any-Vice,President. The second signature must be from the Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
ATTACHMENT 1
CONSULTANT'S PROPOSAL FOR
ADDITIONAL PROFESSIONAL SERVICES
FOLLOWS THIS PAGE
0,PLACEWORKS
TASK 3.10 COMPREHENSIVE VULNERABILITY ASSESSMENT AND SAFETY
ELEMENT UPDATE
Understanding and Approach
The Safety Element serves as the City's comprehensive strategy to reduce the short-term and long-term potential
for harm from various threats to community health and safety.An effective safety element is one that that not only
helps protect the health of all community members,but also reduces the risk of damage to buildings and key
infrastructure,helps foster a resilient local economy and natural ecosystem,and minimizes the potential for
economic and social dislocation.
The regulatory framework and the realities of public safety have evolved substantially in the past ten years.Safety
elements are now required to include more information about extreme weather and wildfire risks and responses,to
include best available mapping for flood risk,and to comprehensively address the short-term and long-term threats
posed by climate change.Events in recent years have made it clear that historical threats to a community's health
and safety are no longer an accurate guide to future conditions. Moving forward,safety elements must prepare
communities for threats of a type and magnitude that may not have previously existed in the area.Additionally,the
state incentivizes and encourages integration of safety elements and local hazard mitigation plans. In our
experience,we have found greater efficiency and public safety benefits when leveraging data,methods,and
strategies across both planning processes.
PlaceWorks reviewed the City's General Plan,including the Safety Element,the City's Sustainability Plan,Climate
Action Plan,and the Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan and Palm Spring Annex.
(LHMP)to assess the consistency of the General Plan,LHMP,and other recent plans with Government Code 65302
as modified by SB 379 and SB 1035.Our review identified that the City's Safety Element should be updated to
support consistency with Government Code 65302(g)(4),which requires communities to conduct climate change
vulnerability assessments and to include climate adaptation and resilience goals, policies,and strategies in the
General Plan when completing a Housing Element update(SB 1035).The 2017 LHMP assessed each natural hazard
in the context of changing climate conditions; however,the LHMP risk assessment does not rely the most recent
and best available climate science,does not include all assets and populations in the vulnerability assessment,and
does not include adequate climate adaptation and resilience goals,policies,and strategies.The Governor's Offices
of Planning and Research(OPR)and Emergency Services(Cal IDES)recommend use of the most recent California
Climate Change Assessment(the 4th Assessment released in 2018)and data available from cal-adapt.org.
PlaceWorks recommends preparation of a climate change vulnerability assessment based on the most recent
climate science data informed by recent local and regional plans and studies as applicable. In addition,we
recommend an update to applicable maps,goals,and policies to comply with Government Code 65302(g)(4).
The Safety Element update is being conducted as a component of,and in coordination with,the City's General Plan
Update and CECIA review begun in October 2019.As such,the attached project schedule aligns the completion of
Task 3.10 and its associated subtasks with the update of the City's other General Plan elements. Because
environmental review of the updated Safety Element will be incorporated into the environmental review process for
the entire General Plan update,it is critical that a draft of the Safety Element is completed prior to August 2020.
Meeting this crucial deadline will require starting the Safety Element no later than February 2020.
SAFETY ELEMENT UPDATE DRAFT'Scope of Work ONE 1
CITY OF PALM SPRINGS
@D.PLACEWORKS
TASK 3.10.1 EXISTING PLAN REVIEW AND VULNERABILITY
ASSESSMENT
a. Existing Plan Review
The PlaceWorks team will prepare a regulatory crosswalk(matrix)to guide the team's review of the existing Safety
Element for consistency with general plan requirements as codified in California Government Code Section 65302(g)
(Section 65302)as updated by Senate Bills 1241,379,and 1035,among others.The team will review the existing
Safety Element and identify existing content that should be updated in addition to new content that should be
added to comply with Section 65302(g).We will identify any gaps in the existing Safety Element,including those
created by recent changes to state legislation or emerging best practices. Following review of the Safety Element
and identification of updated and new content required for compliance with Section 65302(g)the PlaceWorks team
will review other existing City plans that could be used to support compliance with Section 65302(g).We will review
these plans and programs for best practices and for recent content that could be integrated into the updated Safety
Element.We will identify applicable and relevant LHMP mitigation strategies to address climate change and
integration of climate change adaptation goals and policies.The crosswalk will provide recommendations on how to
address regulatory gaps in the existing Safety Element,either through integration of existing technical studies and
analyses,policies,or other content,as well as updates of existing information,and preparation of new analyses,
maps,or content.
b. Vulnerability Assessment
Section 65302(g)(4)requires local governments to prepare a vulnerability assessment to inform preparation of
climate adaptation and resiliency goals,policies,and strategies in the Safety Elements of their General Plans.The
PlaceWorks team will prepare a comprehensive Climate Vulnerability Assessment that identifies how Palm Springs
is vulnerable to wildfire,landslides,flooding,and all other relevant climate-related hazards and changes.The
assessment will help inform the preparation of new and revised policies in the Safety Element that respond to these
changes,and will be prepared in accordance with the adaptation planning process identified in the California
Adaptation Planning Guide.
Consistent with state guidance,PlaceWorks will ensure the Climate Vulnerability Assessment includes information
available from federal,state,regional,and local agencies that will assist in developing the vulnerability assessment
and the adaptation policies and strategies including,but not limited to,all of the following:
» Information from the Internet-based Cal-Adapt tool(Cal-Adapt).
» Information and guidance from the most recent version of the California Adaptation Planning Guide.
» Information from the City and applicable local tribal communities and other partners on the types of assets,
resources,and populations that will be sensitive to various climate change hazards.
» Information from the City and applicable local tribal communities and other partners on their current ability to
deal with the impacts of climate change.
» Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk,
areas that are vulnerable,and sites that have been repeatedly damaged.
» Existing and planned development in identified at-risk areas,including structures,roads,utilities,and essential
public facilities.
SAFETY ELEMENT UPDATE DRAFT Scope of Work ESE 2
CITY OF PALM SPRINGS
PLACEWORKS
» Federal,state,regional,and local agencies with responsibility for the protection of public health and safety and
the environment,including special districts and local offices of emergency services.
PlaceWorks will analyze climate-related hazards that are expected to be affected by climate change,including those
that may occur more frequently and/or become more severe in future years.Based on our understanding of Palm
Springs and regional climate change projections,we anticipate including wildfires,flooding,landslides,extreme
weather,drought,and pests and diseases.Additional research and discussions with City staff may identify other
hazards to include.
We will rely on the most accurate and up-to-date science on the effect of climate change,using Cal-Adapt,the
California Fourth Climate Assessment,local studies and reports,and all other relevant sources.In accordance with
Cal-Adapt guidance and best practice,the Climate Vulnerability Assessment will use an average of multiple climate
models to improve accuracy of climate projections.We recommend using an average of the four state-
recommended priority climate models based on the Representative Concentration Pathway 8.5 or business-as-usual
scenario,but are also prepared to use additional models that are suitable for local-level analysis.
The vulnerability assessment will identify the populations and assets in Palm Springs that may be affected by climate
change.In accordance with state guidance and best practices,we will look at several categories of populations and
assets:
» Populations.Persons who are likely to be disproportionately harmed by climate change,including senior citizens
(especially those living alone),persons in poverty,and persons who lack access to lifelines such as vehicles and
telecommunications.
Buildings and infrastructure.We expect this to include public infrastructure(such as roadways,dams and flood
control structures,and water/wastewater systems),public buildings(such as City facilities,schools,law
enforcement and fire buildings),and other structures that provide important services(including medical centers,
energy lines,and communication facilities).
Economic drivers.This includes the facilities and activities that contribute significantly to the local economy,
including tourism and outdoor recreation activities.
Ecosystems and natural resources:This category includes the range of ecosystems in the community and
planning area,this can include natural infrastructure outside of the city that benefits or services the community.
PlaceWorks will prepare a'list of all populations and assets recommended for inclusion in the Climate Vulnerability
Assessment,based on discussions with the project team,our understanding of the conditions in Palm Springs,
recommendations from the California Adaptation Planning Guide,and the Safeguarding California Plan.We will
assess the vulnerability of all populations and assets for all relevant climate-related hazards by looking at impact and
adaptive capacity,in accordance with the newest version of the California Adaptation Planning Guide.We anticipate
collaboration with City staff for the scoring,especially for adaptive capacity determinations of existing City assets.
These results will be translated into a quantitative vulnerability score,ranging from 1 (minimum vulnerability)to 5
(severe vulnerability).PlaceWorks will consult an extensive body of scientific research to determine how climate
change may affect the populations and assets,including peer-reviewed scientific studies, publications from
academic institutions and government organizations,and other credible state and national sources.Where
appropriate, PlaceWorks will also rely on plans and reports from local government agencies.
SAFETY ELEMENT UPDATE DRAFT Scope of Work MUM 3
CITY OF PALM SPRINGS
JQPLACEWORKS
C. City Staff and Public Agency Engagement
We recommend focused engagement of City staff and partner public agencies during development of the
vulnerability assessment and associated draft goals and policies.The City relies on partnerships with many agencies
to prepare for,mitigate,and respond to most natural and man-made hazards.Focused stakeholder discussions are
important to identify key issues and explore issues and opportunities in depth and to identify where the City should
and can focus its resources and where/when it can leverage partnerships.We would confirm the stakeholders and
representatives with staff during project initiation.We anticipate coordination with representatives from other City
departments and agencies as well as other public agencies.
Deliverables:
a. Plan Review:Crosswalk(matrix)of existing plan review results and recommendations(electronic)
» b.Vulnerability Assessment: Memo identifying recommended climate hazards and sensitivities(electronic,draft);
Impact,Adaptive Capacity,and Vulnerability Scoring Matrix(electronic,draft);and Climate Vulnerability
Assessment Report(electronic and one hard copy each,draft and final)
» c.City Staff and Public Agency Engagement:Materials to support review and presentation of Draft Vulnerability
Assessment.Our budget assumes up to eight one-on-one calls or two group meetings,up to 2 hours long each.
TASK 3.10.2 UPDATE SAFETY ELEMENT
The Palm Springs General Plan Safety Element addresses most natural and manmade hazards in Palm Springs.
However,since the regulatory context for safety elements has changed since 2006,we will need to focus our efforts
on addressing items to ensure compliance with this legislation,latest OPR Guidelines(2018),and associated
mapping.Examples include,but are not limited to,the following:
» Seismic and geologic hazards,including fault zones,soil hazards,slope instability,landslides,and associated
mapping
» Flood protection (including compliance with AB 162 and best available mapping of 100-,200-,and 500-year flood
zones)
» Wildland and urban fire hazards(including compliance with 5B 1241 and new very high fire severity zone maps
when released)
» Evacuation routes required as part of the general plan (SB99)
We anticipate that discussion,goals,and policies related to manmade hazards(e.g.,noise or hazardous materials)
will require minor updates to address changes in legislation since 2006.In addition,we will need to submit the
revised safety element to state agencies for review.
a. Prepare Draft Goals,Policies,and Implementation Measures
The Place Works team will coordinate with City staff to develop goals, policies,and implementation measures for the
Safety Element to help protect Palm Springs from harm.Based on the results of the Existing Plan Review and the
Vulnerability Assessment,we will collaborate with the City to draft goals to improve resiliency throughout the
community and adapt to changing climate conditions.The goals will help provide increased protection for all
populations and assets,but with particular emphasis on the populations and assets that are most susceptible.These
goals will also help ensure compliance with a number of recent state requirements.After City staff review and
confirm the goals for the updated Safety Element,the PlaceWorks team will work with City staff to prepare draft
SAFETY ELEMENT UPDATE DRAFT Scope of Work MEE 4
CITY OF PALM SPRINGS
@D.,PLACEWORKS
policies and implementation measures within the framework of adaptation and resiliency to respond to the
vulnerability assessment.
PlaceWorks will prepare a set of climate mitigation and implementation policies and implementation measures to
address the results of the vulnerability assessment.These policies and implementation measures will focus on the
most significant hazards of concern to the community,such as wildfire,flooding,extreme heat,and severe weather.
However,we will take a comprehensive approach to developing polices and implementation measures that
effectively address all hazards of concern.The topics covered by these measures may include the siting of new
public facilities and the relocation of existing ones, hardening existing buildings and infrastructure systems against
floods and other hazards, increasing social resiliency among disproportionately affected persons,allowing for
effective evacuations as needed,coordination with other relevant agencies,and other issues.as appropriate.We will
preserve existing Safety Element policies as appropriate,making revisions to existing policies where necessary.
b. Administrative Draft Safety Element
After City staff review and confirm the draft goals,policies,and implementation measures,the PlaceWorks team will
prepare a comprehensive and formatted administrative draft Safety Element,using the existing Safety Element as a
template to the extent possible.This updated Safety Element will address all relevant topics.In addition to
protecting against the prime hazards of concern in Palm Springs,the updated Safety Element will include content
related to earthquakes,avalanches, and other applicable issues identified through the additional analyses or in
discussions with City staff.We recommend the updated Safety Element integrate the 2017 Local Hazard Mitigation
Plan into the Safety Element, ensuring increased capabilities for preventing,responding to,and mitigating future
hazard events.We will provide this administrative draft to City staff for review.
C. Public Review Draft Safety Element
After receiving a consolidated set of City staff comments, PlaceWorks will prepare a revised version of the Safety
Element for public review and distribution.This will provide members of the public,as well as other interested
agencies and jurisdictions,the opportunity to provide input and comment on the Safety Element.
d. Consult with State agencies
When the Draft Safety Element is released for public review,the PlaceWorks team will also work with the City to
begin the process of review and approval by CAL FIRE to ensure SB 1241 compliance,with Cal OES in support of AB
2140 and integration of the LHMP and General Plan,OPR's Integrated Climate Adaptation and Resiliency Program
(ICARP)in support of SB 379/SB 1035 consistency,and the California Geological Survey of the Department of
Conservation.We recommend that this review period start approximately 90 days prior to the scheduled date for
final adoption of the Element.For this review,the PlaceWorks team will transmit the Safety Element to CAL FIRE
staff along with their General Plan Safety Element Assessment tool. Upon receipt of comments from CAL FIRE staff,
the PlaceWorks team will work closely with them to address any concerns and issues arising from the review,and to
develop the final language needed to ensure approval from CAL FIRE staff and the California Board of Forestry and
Fire Protection.Once the Element is adopted by the Board of Forestry and Fire Protection,the Safety Element is
considered ready for local adoption.
SAFETY ELEMENT UPDATE DRAFT Scope of Work MEN 5
CITY OF PALM SPRINGS
@D, PLACEWORKS
e. Public Hearing Draft/Final Safety Element
After the PlaceWorks team receives a consolidated set of comments from the City and commenting state agencies,
we will revise the Safety Element as appropriate to respond to these comments.We will support the City through
the local adoption of the Safety Element.We will also ensure that the resolution for adoption contains the right text
to comply with AB 2140,incorporating the Local Hazard Mitigation Plan into the Safety Element.
Deliverables:
n a. Draft Safety Element goals,policies,and implementation measures(electronic)
» b.Administrative Draft Safety Element(electronic)
» c.Public Review Draft Safety Element(electronic)
d.Preparation of CAL FIRE's General Plan Safety Element Assessment Tool if applicable and consultation with CAL
FIRE and consultation with state agencies as applicable
e.Final Safety Element(electronic)and City resolution to support integration with the LHMP.
SAFETY ELEMENT UPDATE DRAFT Scope of Work MEN 6
CITY OF PALM SPRINGS
@D,PLACEWORKS
The estimated cost to prepare the Climate Vulnerability Assessment and Safety Element Update is$44,250 as detailed in the cost table below.
PlaceWorks
Paini springs Vulnerabilitydssefsirient&SafetyElement'Update.
COST:PROP.OSA6
t PLACEWORKS
SEALE NETrLER KRISPI PROTSMAN{ _ " I - -
I Technical WP/• •Total Total Task,
PrincipaWn•. i i I GIS: I Editor I .CLERICAL Hours' Budget
,Cha e, GPU APM PM' Planner/GIS '
.. . : :_Hourly Rate:. .'..$215 $195• $145 S120C: S365
Z5 r S.ti;., a t''#"'r'° ,s "+ " OW
v 3.1016 Exnbrig Plan Review, . . 4 2 _ 12 ( :20. _. i. i 38 $5,396
1 3a0i16 Vulnerability"Assessment:..._._. .,._ _ ... .__ . . ._._-__ . . ,..____ ., 8 __68 -_ _e i_...._-...'6 :. .,..___. _;122...,. .$16850
f .3a0.3c GtY Statf&Public A[{ericY•EnBagement --"'---"-"'— "- _ "._--' .8 . -"'- " `"- 20 '---"' '8 :.--`— • ,.
3.10.2a Goals,Policies;'&'Implementation Measures 4 - 4 •8 .20 40 $5;740
'3:10:2b Administrative:Draft Element . '2 '4 6 _ 1I6 ib $5;2611
_: _ __ _ _ -
3 16.2c 0u61 Revie'w,OraftElem"ent.. _ - ! -3 - 2 -
,,?3:10:2d A9enty.Co6Sultafion. ;7- »$2;015
.3:10:2e Public Heaiing)Final Oran " _ 2 1 2 i + 2 , i5 L '$810
I labo(HounTotal 213 20 so 1 '144 ! ,8': .14 1 _ _-.13 305
".$5(5$0 .$3j900 -$11,600:. ; " '$17;28a 51,320: -x$1y890 :$1,170 __ -- r•S42,750
" ubor Dollars Total
" PlaceVJiirks.Reiintiursable,Experizesfor City staffadd stakelioldermeekin`gs,_ _ ___-- 51,500 EXPENSES TOTAL
GRANDTOTALi
SAFETY ELEMENT UPDATE DRAFT Scope of Work and Budget MEN 7
CITY OF PALM SPRINGS '
PLACEWORKS
March 9, 2020
Patrick M.Tallarico,CPF, LEED AP (BD+C)
Manager, Office of Sustainability
3200 E.Tahquitz Canyon Way
P.O. Box 2743
Palm Springs CA 92262
Subject: Palm Springs Greenhouse Gas (GHG) Emissions Inventory Update
Dear Patrick:
Thank you for contacting PlaceWorks about the opportunity to partner with the City to update its
community GHG inventories.This letter proposal provides our understanding of the project based on our
recent discussions and a proposed scope of work and fee estimate.
Understanding of the Project
PlaceWorks understands the City's Office of Sustainability would like to prepare a current year
community GHG inventory as soon as possible to support an assessment of how the City has progressed
toward its 2020 GHG reduction target.As part of the City's assessment of progress to its 2020 target, the
City would also need an update to the 2010 inventory to support comparison to 2018 (the expected
current year inventory).The City might also benefit from an updated forecast of 2020 emissions.The
City's General Plan Update project includes a GHG inventory as part of the environmental impact report
(EIR)that will be prepared for the project; however,the inventory anticipated for the EIR does not include
all sectors and sources included in the City's 2010 inventory.The General Plan scope of work does not
include a review and update of the 2010 inventory or update to the 2020 emissions forecast. PlaceWorks
proposes to support the City with the inventory updates as described in the Scope of Work provided later
in this letter proposal.
Team and Qualifications
As a firm, PlaceWorks has been assisting local governments with their planning and environmental needs
for over 40 years, and will rely on that experience,as well as the diverse backgrounds and skillsets of our
planning staff,to provide technical assistance to the City. PlaceWorks has extensive experience preparing
CAPs to address reduction of GHGs and adaptation to changing climate conditions.Our team works daily
on local and regional climate mitigation, adaptation projects and related sustainability efforts;this is a
core practice area and a passion for our team.We are seasoned planners with extensive experience in
research,data analysis, policy development, community engagement,and translation of complex
information into readable and effective plans, among many other skills.
In addition, PlaceWorks will partner with Fehr& Peers on the inventory updates. Fehr&Peers is a sub
consultant to PlaceWorks for the General Plan Update and EIR and will provide modeled vehicle miles
travelled in support of the transportation sector emissions.
668 Marsh Street,Suite 10 1 San Luis Obispo,California 93401 1 805.457.5557 1 PlaceWorks.com
PLACEWORKS
KEY STAFF
Tammy L.Seale,Associate Principal,will serve as the primary contact for PlaceWorks. Ms.Seale leads
climate action planning processes that are informed by robust technical analysis,such as climate change
vulnerability assessments and GHG emissions inventories, and inclusive, meaningful engagement of
agency and community stakeholders to develop effective and locally appropriate and effective climate
mitigation and adaptation policies and plans. Ms.Seale is committed to serving the planning profession
and our communities through research,teaching, and community service.She is a part-time lecturer at
California Polytechnic State University in the City and Regional Planning Program and frequent presenter
on local climate action planning. In addition, Ms.Seale contributes to research and publications that
provide best practices and guidance to climate action planners and practitioners.She is a member of the
AEP Climate Change Committee and has contributed to committee white papers. Ms.Seale is co-author
of Climate Action Planning:AGuide to Creating Low Carbon, Resilient Communities recently released by
Island Press.
Eli Krispi,Associate,will serve as the primary climate action planner on the project. Mr. Krispi s work
emphasizes decreasing greenhouse gas emissions and improving resiliency to natural and human-caused
hazards, including the effects of climate change. He is well-versed in preparing greenhouse gas reduction
strategies, creating social and physical vulnerability assessments, and in developing greenhouse gas
reduction and climate resiliency measures. His work includes preparing climate action plans, climate
adaptation plans, and greenhouse gas reduction and resiliency-focused toolkits for state and local
governments. Mr. Krispi is a certified City Climate Planner, and has contributed to development of climate
action plans and related documents for over 70 communities.
Scope of Work
TASK 1. REVIEW AND UPDATE 2010 COMMUNITY GHG INVENTORY
The PlaceWorks team will assess the existing 2010 community and municipal operations inventories
prepared for Palm Springs and identify updates to ensure the 2010 community inventory is consistent
with current protocols. PlaceWorks understands that EcoMotion prepared the 2010 inventories for the
Coachella Valley Association of Governments (CVAG) and the City, and that the City of Palm Springs
Greenhouse Gas Inventory Report prepared in May 2013 and the supporting GHG Methodology Briefings
are available to the PlaceWorks team for review.
Following review of the inventories, PlaceWorks will recommend changes to the 2010 Community
Inventory to ensure that it follows the most recent protocols and guidance, drawing on our experience
reconciling inventories in other communities.We will follow the Local Government Operations Protocol
(2010), the US Protocol forAccounting of Community-Wide Greenhouse Gas Emissions(2012),and the
Global Protocol for Community-Scale Greenhouse Gas Emissions(2014) as applicable,which are the
standards for municipal operations and community-wide inventories and will allow an effective
comparison in emissions across inventory years as well as comparisons with other communities.
Based on our preliminary review of the 2010 community inventory,we anticipate the following changes,
with the caveat that other changes could be identified during our complete review of the inventories:
March 9,2020 1 Page 2
PLACEWORKS
1. Update all global warming potentials (GWP) from the Second Assessment Report (AR2) to the Fifth
Assessment Report(AIRS)figures, in accordance with the most recent scientific understanding.'
2. Replace the transportation data with vehicle miles traveled data based on the "origin-destination"
method that may more accurately reflect the VMT that Palm Springs contributes to the region.This
approach will also be more consistent with VMT in the General Plan Update. Please note,the 2010
inventories were previously prepared as part of the Palm Springs Greenhouse Gas Inventory: 2010
Community and Municipal Operations Inventories.The 2010 inventory was completed using roadway
segment counts and VMT factors that only account for trips within the City boundary (e.g. it is not
consistent with the AEP white paper method''-). Fehr& Peers will estimate VMT for 2010 for the City
of Palm Springs using the Riverside County travel demand forecasting model. Fehr & Peers will
backcast to 2010 using either using the previous Countywide model (which has a 2008 base year) or
using the updated new County model to reflect the previous land use,depending on the best available
data at the time the inventory is prepared.The VMT estimates will be calculated using the AEP white
paper method and will be presented as per service population as an efficiency metric.
3. Update VMT emissions factors using EMFAC2017, waste emissions factors, and others as applicable.
PlaceWorks will confirm energy emission factors with Southern California Edison (SCE) and the
Southern California Gas Company(SoCalGas).
4. Update energy,waste,water,wastewater, refrigerant,and fertilizer application emissions as needed
for consistency with current reporting.Note that refrigerants and fertilizer application emissions may
not be replicable in 2018.
5. Add OFFROAD emissions applicable to Palm Springs.
6. Replace estimated direct access electricity use with measured electricity use, to the extent data are
available from SCE,SoCalGas,or Desert Community Energy.
7. If desired,we can address emissions associated with land use changes for consistency with the Global
Protocol.
After confirming these and any other revisions with City staff,we will make these changes to the
community emissions, combining the datasets and calculations in a single stand-alone workbook.This will
allow for easier comparison across inventory years and can help avoid confusion over different file
versions. If any additional data is needed for the inventory updates,the PlaceWorks team will provide a
data needs list to City staff.
At this time,the City does not have the underlying spreadsheet or data files for the inventory so
PlaceWorks will need to recreate the 2010 GHG inventory in an Excel workbook for update and
comparison to other inventories. If the City obtains the original Excel file(s)from CVAG, we can adjust the
budget accordingly.
https://www.ghgprotocol.org/sites/default/files/ghgp/Global-Warming-Potential-
Values%20%28Feb%2016%202016%29_1.pdf
-https:Hcalifaep.org/docs/Community-wide_GHG_Protocol.pdf
March 9,2020 1 Page
PLACEWORKS
TASK 2. PREPARE 2018 COMMUNITY GHG INVENTORY
The PlaceWorks team will prepare a 2018 community-wide GHG inventory.The inventory will follow the
same methods and data collection processes as noted in PlaceWorks' description for Task 1.We
anticipate that the inventory update will include the following sectors:
■ On-Road Transportation. Fehr and Peers will estimate VMT for 2018 using the Riverside County travel
demand forecasting model. GHG emissions calculations will use the California Air Resources Board's
(GARB) latest EMFAC emissions factor model.
■ Residential and Non-Residential Built Environment (Energy). Buildings in the City consume electricity
and natural gas. Activity data provided by SCE and SoCal Gas will be used to compile the criteria air
pollutant and GHG emissions inventory. GHG emissions from electricity use will be based on the latest
carbon intensity available from SCE and SoCal Gas.
■ Water Use/Wastewater Generation. Electricity is used to transport and treat water for indoor and
outdoor purposes. Additionally, treatment of wastewater generates fugitive GHG emissions. GHG
emissions from this sector will be based on data available from the City's Urban Water Management
Plan and other relevant sources,including Desert Water Agency.
■ Solid Waste Disposal and Landfills. Disposal of municipal solid waste generate indirect GHG emissions
from decomposition of organic materials. This sector will be based on data available from CalRecycle
for the City of Palm Springs and modeled using CARB's latest landfill gas model.
■ Other Applicable Sources (Off-Road, Point Sources). Use of off-road equipment, such as those used
during construction activities and industrial warehouses, in the City also generates criteria air pollutant
and GHG emissions. Emissions from the use of gasoline, diesel, and other fuels by these pieces of
equipment will be included in the inventory. While industrial sources in the City generate emissions,
these stationary sources are permitted sources of emissions and not under the direct or indirect control
of the City. If information is available for permitted sources from the air district, these sources will be
identified within the inventory separately.
The PlaceWorks team understands that Palm Springs' ongoing General Plan update scope of work and
budget includes a GHG inventory for the most recent year available,which we anticipate to be 2018.This
scope and budget assumes use of the budget from the GP EIR in addition to the budget requested in this
letter proposal.The inventory scoped with the EIR assumed consistency with the current protocols and
collection of standard activity data to assess energy,waste,transportation,water, wastewater, and off-
road emissions. For comparison with the 2010 inventory,additional analysis would be needed for the
transportation sector to include 2010 VMT,to add off-road emissions, and to potentially add refrigerants
and fertilizer application as sources of emissions.
PlaceWorks would prepare the 2018 inventory in spring 2020 to support the City's assessment of its
progress toward its 2020 GHG reduction target.The inventory would also be able to be used in the
General Plan EIR.
March 9,2020 1 Page 4
PLACEWORKS
TASK 3. UPDATE 2020 GHG EMISSION FORECAST(OPTIONAL)
If requested by the City,the PlaceWorks team will use the updated GHG inventories to prepare forecasts
of future community emissions for 2020.The forecast would provide"business as usual" (BAU)
projections,showing expected emissions without the benefit of any reduction activities from state,
regional, and local activities, in addition to a modified forecast that incorporates the benefits of state
programs and Desert Community Energy.Although emissions in 2020 would likely be similar to 2018 for
many sectors,the PlaceWorks team understands that there could be reductions in electricity-related
emissions due to the launch of PCE in April 2020.The forecast would rely on regional data sets along with
local growth expectations and development projections.The PlaceWorks team would use growth
expectations and projections compatible with Palm Springs' General Plan to the extent they are
applicable.This optional task is not included in the budget below. PlaceWorks can provide a fee upon
request.
Deliverables:
■ Phone calls/video conferences with City staff to initiate and support task and ongoing coordination by
phone and email.
■ Brief memo summarizing recommended revisions to existing community and municipal operations
inventories(electronic, draft and final).
■ Data needs lists to update 2010 inventory and to prepare 2018 inventory if needed (electronic).
■ Memo summarizing inventory update and current inventory results (electronic, draft and final).
■ Workbook(s) for 2010 and 2018 inventories(electronic,draft and final).
Budget
Table 1 presents the proposed budget for the GHG inventory updates.The proposed budget includes
time and materials for PlaceWorks and Fehr& Peers.The optional task to update the 2020 GHG
emissions forecast is presented as separate line item.
Table 1: GHG Inventory Update Estimated Budget
TASK PLACEWORKS COST FEHR&PEERS COST
Task 1.Review and Update 2010 GHG Inventory $9,135 $4,400
Task 2.Prepare 2018 GHG Inventory $7,010 $4,400
Subtotal $16,145 $8,800
Total Cost Tasks 1&2
PlaceWorks+Fehr&Peers $24,945
Task 3.Update 2020 GHG Emissions Forecast $3,080 $0
Total Cost PlaceWorks+Fehr&Peers with $28,025
Optional Task 3
Subconsultants are billed at cost plus 10%.
March 9,2020 1 Page 5
PLACEWORKS
This proposal shall remain valid for a period of 90 days from the time of submittal.As Associate Principal, I
am authorized to bind PlaceWorks and the project team to the contents of this proposal.
We appreciate the opportunity to provide a scope of services for technical assistance to the City of Palm
Springs.We look forward to reviewing the options with you and the General Plan Update project team at
your convenience.
Respectfully submitted,
PLACEWORKS
Tammy L. Seale
Associate Principal, Climate Action& Resiliency Services
March 9,2020 1 Page 6.
A x-?l
AAC"RDr CERTIFICATE OF LIABILITY INSURANCE
��
o�o2022°YYYY)
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(ies) must have ADDITIONAL INSURED provisions or 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 lieu of such endomement(s).
PRODUCER
Marsh Risk & Insurance Services
Von Karman Avenue, Suite 1100
CONTACT
NAME:
FAX
PHO17901 No):
(AIC, No Extl
_ _ _
E-MAIL
ADDRESS:
DTT iT �i
(949) CA 9261'yicense 40437153 CEIVPD
AIM: NewpwSeaO.CenRequest@marsh.conVF: 212-948-4323
INSURE S AFFORDING COVERAGE
NAICS
INSURER A: Crum &Forster Specialty Insurance Go
44520
CN115158923-01-01-22-23
INSURED — PlaceWlXks. Inc
INSURER B: Travelers Prepetly Casualty Co. Of America
25674
INSURER C :
3 MacArthur Place, Suite 1100
Office
INSURER D :
Ana. CA 92707 of the City Clerk
Santa Y
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: LOS-002212117-21 REVISION NUMBER: 4
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.
INSR
LTR
rypE OF INSURANCE
ADDL
UBR
POUCYNUMBER
POLICY EFF
MMIDOIYYYY)
POLICY EXP
(MMIDDfYYYYI
LIMITS
A
X
COMMERCIAL GENERALLIABIDTY
EPKI40207
0710112022
07/0112023
EACH OCCURRENCE
S 5,000,000
CLAIMS -MADE IA OCCUR
DAMAGE TO RENTED
PREMISES Ea cociemencel
S 50,000
X
MED EXP (Any one )
S 5,000
BI & PD Dad. $5,000
PERSONAL S ADV INJURY
S 5,000,000
GENL AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE
S 5.000,000
X POLICY PRO-JECT ❑ LOC
PRODUCTS-COMP/OP AGG
$ 5,000,000
OTHER.
Centimeters Pollution
S 5,000,000
B
AUTOMOBILELIABILITY
BA1N96406A2243G
07VI2022
07101/2023
COMBINED SINGLE LIMIT
Ea accde
$ 1000000
BODILY INJURY (Per person)
S
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY(Per accident)
S
IAUTOS
PROPERTY DAMAGE
Per accident
S
HIRED NON -OWNED
ONLY AUTOS ONLY
Comp/Coll Decluctibles
S 1,000
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
S
AGGREGATE
S
EXCESSLIAB
CLAIMS -MADE
DED RETENTION
$
B
WORKERSCOMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDEDY �
(Mandatory in NH)
NIA
U87K7286762243G
OVUM=
07101=3
X R TH-
STATUTE ER
E.L EACH ACCIDENT
S 1,00I
E.L. DISEASE - EA EMPLOYEEI
S 1,000.000
Byes, IPTION urger
DESCRIPTION OF OPERATIONS pekex
E.L. DISEASE -POLICY LIMIT
S 1000000
A
Erlars & Omissions -Claims Made
EPK140207
07/01/2022
071010023
Each ClaiMAggregals
5.000.000
Retro Dales. See 2nd Page
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space N regwred)
Re: Operations performed by the named insured for the certificate holder
The City of Palm Springs, its officials, employees, and agents are are included as addilional insured where required by written contract with respect to General and Auto Liability. This insurance is primary and non-
contributory over any existing insurance and limited b liability arising out of the operations of the named insured and where required by written Contract with respect to General UaNl ty. Waver of subrogation is
applicable where required by written contract and subject to policy lens and Conditions.
CERTIFICATE HOLDER CANCELLATION
City of Palm Springs
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn: City Manager & City Clerk
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
3200 EE Tahquaz Canyon Way
ACCORDANCE WITH THE POLICY PROVISIONS.
Palm springs, CA 92262
AUTHORIZED REPRESENTATIVE
'%X" Risk d 14"ldxu Selzl4w
ACORD 25 (2016103)
9)1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
0000132 SP 0242 -COI-POO1324
City of Palm Springs
Attn: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, CA 92262
Jai:
0242-01-00-000013 --0 1-0 573
Policy # BA-1 N96406A-2243- Effective 111/2022
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement io the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS -INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
60% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 1 BMh day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
USE- INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi- ness.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV - BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov.
ered "autos" you own;
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 0215 02015Tha Travelers indemnity Company. All rights reserved
Includes copyrtghted material of Insurance aervlcea Office. Inc. with Its permission.
Page 1 of 4
002088
0242-01.00-0000132-"2-0"574
Policy # BA-1 N95406A-22-43- Effective 1/1/2022
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
ness.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A-1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or'suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
Any "employee" of yours is an "insured" while us-
"insured" will make any settlement
ing a covered "auto" you don't own, hire or borrow
without our consent.
in your business or your personal affairs.
(iii) may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS - INCREASED
in
in defending the "insured" against, or
LIMITS
in the settlement of, any claim or
1. The following replaces Paragraph A.2.a.(2),
"suit".
of SECTION II - COVERED AUTOS LIABIL-
(iv) We will reimburse the "insured" for
ITY COVERAGE:
sums that the "insured" legally must
(2) Up to $3,000 for cost of bail bonds (in-
pay as damages because of "bodily
cluding bonds for related traffic law viola-
injury" or "property damage" to which
lions) required because of an "accident"
this insurance applies, that the "in -
we cover. We do not have to furnish these
sured" pays with our consent, but only
bonds.
up to the limit described in Para-
2. The following replaces Paragraph A.2.a.(4),
graph C., Limits Of Insurance, of
of SECTION II - COVERED AUTOS LIABIL-
SECTION II - COVERED AUTOS
ITY COVERAGE:
LIABILITY COVERAGE.
(4) All reasonable expenses incurred by the
(v) We will reimburse the "insured" for
"insured" at our request, including actual
the reasonable expenses incurred
loss of earnings up to $500 a day be- cause
with our consent for your investiga-
of time off from work.
lion of such claims and your defense
of the "insured" against any such
F. HIRED AUTO - LIMITED WORLDWIDE COW
"suit", but only up to and included
ERAGE - INDEMNITY BASIS
within the limit described in Para -
The following replaces Subparagraph (5) in Para-
graph C., Limits Of Insurance, of
graph 8.7., Policy Period, Coverage Territory,
SECTION 11 - COVERED AUTOS
of SECTION IV - BUSINESS AUTO CONDI-
LIABILITY COVERAGE, and not in
TIONS:
addition to such limit Our duty to make
(5) Anywhere in the world, except any country or
such payments ends when we have
jurisdiction while any trade sanction, em- bargo,
used up the applicable limit of
or similar regulation imposed by the United
insurance in payments for damages,
States of America applies to and pro- hibits the
settlements or defense expenses.
transaction of business with or within such
(b) This insurance is excess over any valid
country or jurisdiction, for Cov- erect Autos
and collectible other insurance available
Liability Coverage for any covered "auto" that
to the "insured" whether primary, excess,
you lease, hire, rent or borrow without a driver
contingent or on any other basis.
for a period of 30 days or less and H1at is not
"auto"
(c) This insurance is not a substitute for re -
an you lease, hire, rent or borrow from
"employees",
quired or compulsory insurance in any
any of your partners (if you are a
partnership), members (if you are a limited
country outside the United States, its ter-
liability company) or members of their
ritories and possessions, Puerto Rico and
households.
Canada.
Page 2 of 4 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15
Includes copyrighted materiel of Insurance Services Onlce, Jnc. wlthlts permission.
Policy # BA-1 N96406A-22-43- Effective 1/1/2022
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such ooun- try
up to the minimum limits required by local
law. Your failure to comply with compulsory
insurance requirements will not invalidate
the coverage afforded by this policy, but we
will only be liable to the same extent we
would have been liable had you complied
with the compulsory in- surance
requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto' will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III - PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
a= SECTION III - PHYSICAL DAMAGE COVER-
AGE:
u w We will pay up to $50 per day to a maximum of
..to 05 $1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
JL_ J. PERSONAL PROPERTY
op The following is added to Paragraph A4., Cover-
age Extensions, of SECTION Ill - PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for 'loss'to wearing ap-
parel and other personal property which is:
(1) Owned by an *insured'; and
(2) In or on your covered "auto'.
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph 8.3., Exclu-
sions, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss" set
forth in Paragraphs A.1.b. and A-1.c., but only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV- BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the 'accident' or 'loss" ap-
plies only when the 'accident' or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (f you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(a) Any "employee" authorized by you to give no-
tice of the "accident" or "loss'.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph Ai., Transfer Of
Rights Of Recovery Against Others To Us, of
SECTION IV - BUSINESS AUTO CONDI- TIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract signed
and executed prior to any 'accident'
or "loss", provided that the "accident' or "loss"
arises out of operations contemplated by
002ml
0262-01-00-0000 t 32-0003-00005 J 5
CA T3 53
0215
Policy # BA-1 N96406A-22.43- Effective 7/1/2022
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omisslon of, or unintentional
person or organization designated in such error in, any information given by you shall not
contract. prejudice your rights under this insurance. How-
N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col -
The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of
cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal.
SECTION IV - BUSINESS AUTO CONDITIONS:
Page 4 of 4 W 2015 TheTravelens Indemnity Company. All rightsreserved. CA T3 530215
Includes copyrighted msterlal of Insurance Senrces Office, Inc. with Its permisslon.
Policy EPK-140207 Effective 7/1/2022 — 7/1/2023
Crum Forster
put PS the FAIRFAX group
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
. . * i I I 1 s 1 • 1 ' : • r i
- s :-• •
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
SCHEDULE
TI AL.'7T'
A. SECTION III - WHO IS AN INSURED within the Common Provisions is amended to include as an
additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with
respect to"claims" caused in whole or in part, by "your work- for that person or organization performed by
you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named Insured's sole
negligence.
B. We waive any right of recovery we may have against the person(s) or organization(s) indicated In the
Schedule shown above because of payments we make for "damages" arising out of 'your work' performed
under a designated project or contract with that person(s) or organization(s).
C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim' to which
the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0118.0211
0 42-01-00-01)001 z -0000576
Page 1 of 1
Policy EPK-140207 Effective 7/l/2022 — 7/1/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organlzatlon(s)
lanket when specifically required in a written contract with the named insured.
SECTION III -WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or oi-ganizabon(s) indicated in the Schedule shown above, but only with respect to liability
caused, in whole or in part, by -your worku for that insured which is perfonned by you or by those acting on your
behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111.0211 Pagel ofl
U_"pSg%o
ACOR& CERTIFICATE OF LIABILITY INSURANCE
�i.
Das129/20233 YYYY)
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(ies) must have ADDITIONAL INSURED provisions or 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 lieu of such endomement(s).
PRODUCER
March Risk & Insurance Sevices
17901 Van Karmen Avenue, Suite 1100
CONTACT
NAME:
PMCNo. Exti-HONE A/C No :
n�Diie S:
(949) 399 5800: License NG437153
Irene, CA 92614
Attn: IsImpordleach.CertRequest@marsh.com/F 212-948-4323
INSURE S AFFORDING COVERAGE
NAILS
INSURERA: Crum & Forster Specialty Insurance Co
44520
CN115158923-01-01-23-24
INSUIEDq,,W101, IrI
INSURER B : Travelers Property Casualty Co. Of Amens
25674
3 MacArthur Place, Suite 1100
INSURERC:
INSURERD:
Santa Ana, CA 92707
INSURER E :
NSURER F:
COVERAGES CERTIFICATE NUMBER: LOS-002212117-25 REVISION NUMBER: 4
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.
LTTRR
TYPEOFINSURANCE
POLICY NUMBER
rMAD�
MPOLICY
MID YOLP
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EPK144434
07101/2023
0T0112024
EAMAGECH OCCURRENCE
f 5,000,000
CLAIMS -MADE a OCCUR
TO
PREMISES MeHEWED
actmmoe
S 50,000
X
MED EXP (Any one perswe
S 5,000
BI & PD Ded. S5pD0
PERSONAL a ADV INJURY
S 5,D0o,D00
GENLAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 5,004D00
X O.
POLICY ❑ JECT LOC
PRODUCTS - COMP/OP AGG
E 5,000,D011
OTHER:
Contractors Pollution
E 5,000,000
B
AUTOWOLELIMUTY
BA1N9640642343G
07M12023
0710112024
COMBINED 911ZLE LIMIT
Me acddenl
S 1,000,000
X
BODILY INJURY (Per person)
.
ANY AUTO
OVA•IED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (PoremdeM)
III
PROPERTY DAMAGE
Per a.ak,
S
HIRED NON-0'M4ED
AUTOS ONLY AUTOS ONLY
Comp/Coll Deductibles
$ 1,000
UMBRELL B
OCCUR
EACH OCCURRENCE
E
AGGREGATE
S
EXCESS UAB
CLAIMS -MADE
DED RETENTION.
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETORIPARTNERIEXECUTIVE
OFRCERAIEMBER EXCLUDED' �
(Mendsbry In NH)
NIA
U87K7286762343G
( 4
X E i4
STATUTE ER
EL. EACH ACGDENT
S 1DDD000
E.L. DISEASE - EA EMPLOYEEI
S 1,000,000
davnee under
OESORPTION OF OPERATIONS nelOn
EL DISEASE - PODGY LIMIT
E 1,000,000
A
Errors& Omissions -Claims Made
EPKI44434
07101I2023
074)1/2024
Each ClamlAggregate
5,000,000
Ratio Dales: See 2nd Page
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AOdNWwO Remarks SCtledak, my tie aaaotH,d 0 man spew Ismquirsd)
Re: Operators pedomled by the named insured for the CeRificate holder
The City of palm Spings, its oficias, employees, and agents are are included w additional insured where required by written contract with needed so General and Auto Worry Tinsi rwraCe is prhnaryand Ion-
oTmlibutory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General Liability. Waiver of sublogatim is
applicable where required by written contract and subject to policy teens and conditions.
CERTIFICATE HOLDER CANCELLATION
City of Palm Springs
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn. City Manager& City Cledr
J U L 19 2023
THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN
3200 E. Tahquirz Canyon Way
ACCORDANCE WITH THE POLICY PROVISIONS.
Pam springs, CA 92262
City Hall
AUTHORI EDREPRESENTATNE
Reception Desk
v%%indli;U & 9e4"All" a ,Sotl*"
01988-2016 ACORD CORPORATION. All rights reserved.
ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD
COMMERCIAL AUTO
Policy# BA1N96406A2343G - Effective 07/01/2023
a—
r—
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE- INCREASED LIMIT
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS -INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50%" or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c.in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, .hat is signed and
executed by you before the "bodily injury or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an 'insured' for Covered Autos
Liability Coverage, but only for damages to which
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
underthe Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who is An Insured, of SECTION II - COV•
ERED AUTOS LIABILITY COVERAGE:
An "employee' of yours is an 'insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's'
name, with your permission, while performing
duties related to the conduct of your busi- ness.
2. The following replaces Paragraph b. in Ill
Other Insurance, of SECTION IV - BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov.
Bred "autos" you own:
(1) Any covered "auto' you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CAT3530215®2C1tiTheTrevelerelndernrltyCompany. All dghtareserved, Pagel of
Includes copydg hted materiel of Insure nce 3a wlcea 0fllee, Ine. with Its perrnlsslon.
9]2JH
POhCV# BA 1 N96406A2343G - Effective 07/01/2023
COMMERCIAL AUTO
permission, while performing duties
(a) With respect to any claim made or "suit"
related to the conduct of your busi-
brought outside the United States of
ness.
America, the territories and possessions
However, any "auto" that is leased, hired,
of the United States of America, Puerto
rented or borrowed with a driver is not a
Rico and Canada:
covered "auto".
(i) You must arrange to defend the 'in-
D. EMPLOYEES AS INSURED
sured" against, and investigate or set-
The following is added to Paragraph A-1., Who Is
tle any such claim or "suit' and keep
An Insured, of SECTION II - COVERED AUTOS
us advised of all proceedings and ac-
LIABILITY COVERAGE:
tions.
Any "employee" of yours is an "insured" while us-
(ii) Neither you nor any other involved
"insured" will make any settlement
ing a covered "auto" you don't own, hire or borrow
without our consent.
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS - INCREASED
(i;i) We may, at our discretion, participate
LIMITS
in defending the "insured" against, or
in the settlement of, any claim or
1. The following replaces Paragraph A.2.s.(2),
"suit".
of SECTION II - COVERED AUTOS LIABIL-
(iv) We will reimburse the "insured" for
ITY COVERAGE:
sums that the "insured" legally must
(2) Up to $3,000 for cost of bail bonds (in-
pay as damages because of "bodily
cluding bonds for related traffic law viola-
injury" or "property damage" to which
bons) required because of an "accident"
this insurance applies, that the "in -
we cover. We do not have to furnish these
sured" pays with our consent, but only
bonds,
up to the limit described in Para-
2. The following replaces Paragraph A.2.a.(4),
graph C., Limits Of Insurance, of
of SECTION II - COVERED AUTOS LIABIL-
SECTION II - COVERED AUTOS
ITY COVERAGE:
LIABILITY COVERAGE.
(4) All reasonable expenses incurred by the
(v) We will reimburse the "insured" for
"insured' at our request, including actual
the reasonable expenses incurred
loss of earnings up to $50o a day be- cause
with our consent for your investiga-
of time off from work.
ton of such claims and your defense
F. HIRED AUTO - LIMITED WORLDWIDE COV.
of the "insured" against any such
"suit", but only up to and included
ERAGE- INDEMNITY BASIS
within the limit describecl in Para -
The following replaces Subparagraph (5) in Para-
graph C., Limits Of Insurance, of
graph 8.7., Policy Period, Coverage Territory,
SECTION II - COVERED AUTOS
of SECTION IV - BUSINESS AUTO CONDI.
LIABILITY COVERAGE, and not in
TIONS:
addition to such limit Our duty to make
(5) Anywhere in the world, except any country or
such payments ends when we have
jurisdiction while any trade sanction, am- bargo,
used up the applicable limit of
or similar regulation imposed by the United
insurance in payments for damages,
States of America applies to and pro- hibits the
settlements or defense expenses.
transaction of business with or within such
(b) This Insurance Is excess over any valid
country or jurisdiction, for Coy- ered Autos
and collectible other insurance available
Liability Coverage for any covered "auto" that
to the "insured" whether primary, excess,
you lease, hire, rent or borrow without a driver
contingent or on any other basis.
for a period of 30 days or less and H1at is not
an "auto" you lease, tire, rent or borrow from
This
(c) This insurance is not a substitute for re -
any of your "employees", partners (if you are a
quired compulsory
or compulsory insurance if any
partnership), members (if you are a limited
outside the United States, its ter -
countyritorie
liability company) or members of their
end possessions, Puerto Rico and
households.
Canada.
Page 2of4®2015TheTravelwelndemnnycompany. Allrights reserved. CAT3530215
I ncludescopyrignted meteriel of Insurance services orice, Jnc. whhlts penrleslon.
Policy# BA1N96406A2343G -Effective 07101/2023
You agree to maintain all required or
compulsory insurance in any such coun- try
up to the minimum limits required by local
law. Your failure to comply with compulsory
insurance requirements will not invalidate
the coverage afforded by :his policy, but we
will only be liable to the same extent we
would have bean liable had you complied
with the compulsory in- surance
requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered 'auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III - PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
�= I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES- INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
�= SECTION III - PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
p1p111p1 $1 500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto' of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION Ill - PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for 'loss'to wearing ap-
parel and other personal property which is:
(1) Owned by an'insured'; and
COMMERCIAL AUTO
(2) In or on your covered 'auto'.
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph 8.3., Exclu-
sions, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not appty w 'loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss" set
forth in Paragraphs A.1.b. and A-1.c., but only:
a. If that "auto' is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maxirnurn of $1,000 for any
one "loss'.
L NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV- BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the 'accident' or 'loss' ap-
plies only when the 'accident' or'loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(a) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer Of
Rights Of Recovery Against Others To Us, of
SECTION IV - BUSINESS AUTO CONDI- TIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract signed
and executed prior to any 'accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
W0 l
CA T3 53
0215
Policy# BA1 N96406A2343G -Effective 07/01/2023
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omisslon of, or unintentional
person or organization designated in such error in, any information given by you shall not
contract. prejudice your rights under this insurance. How-
N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col -
The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of
cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal.
SECTION IV - BUSINESS AUTO CONDITIONS:
Page 4 of 4 ® 2015 TheT-avelers Indemnty company. All rights reserved. CA T3 530215
Includes copyrighted materlal of Insurance SeMce6 ORlm Inc. with Its permlealon.
Policy EPK-144434 Effective 7111203-7/112024
CRUM&FORSTER
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insumd Person(s) or Organlzatlon(s)
Blanket when specifically required in a written contract with the named insured.
SECTION III -WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organizations) indicated in the Schedule shown above, but only with respect to liability
caused, in whole or in part, by -your wcrku for that insured which is perfonned by you or by those acting on your
behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111.0211 Page 1 of1
Polley EPK-144434 Effective 7/1/203-7/1/2024
FA: RFe\
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON --CONTRIBUTORY ADDITIONAL
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following_
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Required by Written Contract
A. SECTION III - WHO IS AN INSURED within the Common Provisions is amended to include as an
additional insured the person(s) or organ¢ation(s) indicated in the Schedule shown above, but solely with
respect to "claims" caused in whole or in part, by "your work, for that person or organization performed by
you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named Insured's sole
negligence.
B. We waive any right of recovery we may have against the person(s) or organization(s) indicated In the
Schedule shown above because of payments we make for "damages" arising out of 'your work' performed
under a designated project or contract with thatperson(s) or organization(s).
C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim' to which
the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
ENOIIB-0211 Page 1 or 1
TRAVELERS AIM
WORKERS COMPENSATION
AND
ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT UNC 99 03 76 ( A) - 001
POLICY NUMBER: UB-7K728676-23-43-G
WAIVER OF OUR ROGHT TO RECOVER FROM OTHERS
EEN®ORSEMEM7 - OALUFOITgNA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 2. oD % of the Califomia workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WEIGH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
(The information below is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Premium
Insurance Company
Countersigned by
DATE OF ISSUE:07101I2023 ST ASSIGN: Page 1 of 1