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HomeMy WebLinkAboutA2043 - GRAFFITI PROTECTIVE COATINGS, INC.DATE: JULY 18, 2018 City Council Staff Report CONSENT CALENDAR SUBJECT: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC., A CALIFORNIA CORPORATION, IN AN AMOUNT NOT TO EXCEED OF $90,000 FOR GRAFFITI ABATEMENT SERVICES CITY-WIDE FROM: David H. Ready, City Manager BY: Maintenance & Facilities Department SUMMARY This action will approve a new contract with Graffiti Protective Coatings, Inc., to provide more cost effective and efficient graffiti abatement services throughout the City. RECOMMENDATION: In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative Purchasing Programs," award a Contract Services Agreement to Graffiti Protective Coatings, Inc., a California corporation, in an amount not -to -exceed $90,000 for a one year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the City of Burbank Agreement #2043; and 2. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: Graffiti Protective Coatings, Inc. is a California Corporation, ("GPC"), with 50% of the shares owned by Carla Lenhoff, and 50% of the shares owned by Steven Lehhoff. There are no other shareholders or underlying financial interests. In addition, GPC has certified its compliance with the City of Palm Springs no Conflict of Interest and Covenant Against Discrimination requirements. rM o. I.M. City Council Staff Report July 18, 2018 -- Page 2 Award Graffiti Abatement Contract BACKGROUND: The Maintenance and Facilities Department administers graffiti abatement throughout the City, exclusive of the Palm Springs International Airport. Graffiti abatement includes all City owned property, facilities, streets, signs, roads, parks, bridges, parking structures, sidewalks, and other improvements located within the public rights -of -way. As a public service, the City also performs graffiti abatement on private property that is visible from a City street, up to 6 feet in height. Graffiti abatement is a top priority for the City, to ensure it is eliminated in a timely manner to address the blight commonly associated with graffiti. The City has two primary methods of reporting graffiti, which include: • Graffiti Hotline (760) 778-8469 • Palm Springs "At Your Service" application for reporting on-line, found at: http://user.govoutreach.com/palmsprin-qsca/support.php?cmd=shell All calls received on the Graffiti Hotline or through the "At Your Service" application are coordinated by staff, assigned, and abated. Staff monitors all labor and material costs associated with graffiti abatement, and locations of graffiti. Since the 2015/2016 fiscal year, staff has tracked approximately 4,400 requests for graffiti abatement annually. STAFF ANALYSIS: As the volume of graffiti abatement has significantly increased, the City spends approximately $110,000 annually in staff costs. Additionally, performing graffiti abatement pulls Facilities and Maintenance staff from other assignments, further reducing the Department's overall effectiveness. Staff reviewed options for implementing improvements to its graffiti abatement program, and considered either: (i) hiring a new employee dedicated solely to graffiti abatement services, or (ii) contracting out graffiti abatement services. Staff reviewed other graffiti abatement programs within the Coachella Valley, and identified a more efficient and cost effective approach utilizing contractors who specialize in graffiti abatement programs. In evaluating other city programs, staff identified a competitively bid cooperative purchasing agreement in the City of Burbank for graffiti abatement services, identified as Agreement #2043, awarded to Graffiti Protective Coatings, Inc., ("GPC"). The City's Procurement Manager validated the competitive bid process with the City of Burbank, the cooperative pricing provision, and confirmed that the pricing leveraged under the purchasing power of the City of Burbank is less than what we could obtain independently. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize the acquisition of the graffiti abatement City Council Staff Report July 18, 2018 -- Page 3 Award Graffiti Abatement Contract services under the cooperative pricing through the City of Burbank Agreement #2043 with GPC. Staff has prepared a contract services agreement with GPC for one year, subject to extension at the approval of City Council, with the following services: The following services are included: 1) 24/7 Services 2) 48 Hour response time 3) GPS Mapping 4) Mobile App 5) Graffiti Hotline 6) Electronic Work Order App GPC is based in Los Angeles, CA, and has been in business for 27 years. GPC has local experience working for both the City of Cathedral City and Desert Hot Springs. Their services are available 24 hours a day, 7 days a week, including holidays, with a guaranteed, a 48-hour response time and a 24-hour response time for priority calls, with a commitment to providing an emergency response of 60 minutes. These guarantees are possible through a proprietary web -based database utilized by GPC, which includes GPS mapping of each location and pictures, each graffiti abatement location and activity. GPC also provides, at no extra cost, a mobile app that can be branded and added to the City's website. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve a contract for graffiti removal services, and is exempt from CEQA pursuant to Section 15378(b), in that a "Project" does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: The 2018/2019 fiscal year budget included an appropriation of $90,000 in the Maintenance and Facilities Department for graffiti abatement services. Sufficient funds are available in the General Fund, Account 001-4201-43216. SUBMITTED: City Council Staff Report July 18, 2018 -- Page 4 Award Graffiti Abatement Contract Staci A. Schafer Director of Maintenance & Facilities David H. Ready, Esq., P . City Manager Attachments: 1. Contract Services Agreement rljz��If Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager/City Engineer ATTACHMENT 1 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT City -Wide Graffiti Abatement Services THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on , 2018, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Graffiti Protective Coatings, Inc., a California corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the graffiti abatement services, ("Project") B. Contractor has submitted to City a proposal to provide graffiti abatement services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide graffiti abatement services, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. ] Revised: 1/31/18 720599.1 2. TIME FOR COMPLETION The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $90,000. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, 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 Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. z Revised: 1/31/18 720599.1 4.3 Force Mai eure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on July 1, 2018, and ending on June 30, 2019, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Carla Lenhoff, President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor 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. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, 3 Revised: 1/31/18 720599.1 were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Barry Steinhart General Manager Field Staff as assigned by General Manager 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance 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 4 Revised: 1 /31 /18 720599.1 this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor'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. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor'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 (Contractor'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 Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor'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 Contractor shall require all non -design -professional sub -contractors, used or sub -contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non - design -professional sub -contractors, used or sub -contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 5 Revised: 1/31/18 720599.1 times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 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. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 6 Revised: 1/31/18 720599.1 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor 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. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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"). Contractor 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, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor 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 Contractor 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. 11. MISCELLANEOUS PROVISIONS 11.1 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 and either served personally or sent by pre -paid, first-class mail to the address set forth 7 Revised: 1 /31 /18 720599.1 below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Graffiti Protective Coatings, Inc. Attention: Carla Lenhoff, President 419 Larchmont Blvd. Number 264 Los Angeles, CA 90004 phone: 323-464-4472 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 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. 11.7 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. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. g Revised: 1/31/18 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Date: APPROVED AS TO FORM: Edward Z. Kotkin, City Attorney Date: Date: "CITY" City of Palm Springs By: David H. Ready, PhD City Manager ATTEST By: Anthony Mejia City Clerk "CONTRACTOR" Graffiti Protective Coatings, Inc. By: Carla Lenhoff (President) (name) (secretary) 9 Revised: 1/31/18 720599.1 CAUFORNIA Ail. -PURPOSE ACKNa n EDGMENT CIV& CODE § 1180 Z,�, .ak A na wi publie a o2w di cw caTpli¢irrg Iltm cercFicna verifim r* fie miry of Me rubvidmW %W agrod the doetmmm w which this rarei=w is a> and notthe trwfr drm% momrac y crvOft of d= d mm>ent State of CaRrarnim Ccua of On before me. !late persorial[y sppe-ed Hess dnsert Afame and Me of flee Officer (3) of -qwe1bJ who prayed to me an the beau of astiafachn euridarce to be the persaa" whow nranre(a) Wwe Subscribed to the wiittin inAru rnent wid acknowledged to me that hefshaflhey emmxded the same in hi 4torRheir mdhraind ca�cs3yfm}, and ttied by Fre Amvf& er signature(s) on the budrurnerrt the person(a). -the m fY upon b~ or which fha perann(s) acbect anKaded the insourrrent I cerbry under PENALTY OF FERJURY render the taws of the $fate of CaFifarrria that the foregoing paragraph is true and comecL to nWESS my hand and official seal_ Signature Place Nalwy Sea(Above Signature of Afofary Pub& OPfi0MAL Though ftris mwtwn is upbmmt aornphybW ffm r`rforw abon can deter aliw&ioa of lire documed or f muckdarat +a0achnumt of f 3 lama fo an urrnnterrdad damment Deaa*b m of Attached Dommverrt Tithe or Type of Document Dummerd Date: Number of Pages: S3j Other Than Maenad Above: Cape Clamed by Sig—r(p) Signers Mmwe: ❑ Ccgxxate Officer — TtWay ❑ Parbw — ❑ Limited ❑ General ❑ lncMdLcW ❑ Attorney in Fad ❑ Trustee ❑ GLcmrcgm or Qwmervabor ❑ Olher_ Signer to Representing: Signer s Name: ❑ Corporate Officer — Titte(ar ❑ Pa nor — ❑ Limited ❑ General ❑ IndMdual ❑ Attorney m Fad ❑ Trustee ❑ Ouardkan or Conservator n nth,M Signer b Reprmenh W CM14 Naband N; ty Aasncisbm • wwwNe imaS 4uUry.org • 11-t100-W NOTARY (1-800-8784M) them #5W 10 Revised: 1 /31 /18 720599.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees wil Schedule of Performance 11 Revised: 1/31/18 720599.1 May 14, 2018 CITY-WIDE GRAFFITI ABATEMENT SERVICES PROPOSAL Ms. Staci Schafer Director of Maint. & Facilities City of Palm Springs 3200 E. 'Tahquitz Canyon Way Palm Springs, CA 92262 G AaFfITI PROTECTIVE COATINGS � � 1 1 Ms. Staci Schafer, Director of Maintenance and Facilities City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Letter of Transmittal Dear Ms. Schafer, City of Palm Springs Citywide Graffiti Abatement Services Proposal is submitted by Graffiti Protective Coatings, Inc. (GPC), a California corporation organized in 1991. The contacts for this project are: Carla Lenhoff, President or Barry Steinhart, General Manager (323)464-4472/(323)656-3579 fax 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 Graffiti Protective Coatings, Inc. is in good standing in the State of California and has all necessary licenses, permits, certifications,, approvals and authorizations necessary in order to perform all of its obligations in connection with this Proposal. GPC is one of the world's largest and most experienced graffiti removal companies. GPC, has demonstrated over the past 27 yearsthatit provides its customers exceptional service and value. GPC has established itself as a true leader in the field of graffiti abatement. GPC's services will benefit the City of Palm Springs (City) in the following areas: Experience GPC has been successfully providing graffiti abatement services to agencies as large as Palm Springs or larger. GPC understands the financial, management, and staff requirements to make this project successful. GPC has successfully provided graffiti abatement services around Palm Springs the -past nine years. Equipment GPC currently possesses all the equipment needed for this project. The equipment is customized and designed specifically for graffiti abatement methods and techniques as called for in this Proposal. Staff GPC staff is well qualified and experienced in graffiti removal. Staff understands the expectations of their contracts and will seek to not only meet but also exceed those expectations. All staff goes through a one year, 100 point training process. GRf fFITI FR .T -WVF COATINGS Techniques GPC has created and mastered the methods and techniques of professional graffiti removal. GPC defines professional graffiti abatement as removal that leaves no traces of past vandalism. All of GPC's methods and techniques are based upon eco-friendly principles. Documentation GPC understands the City's documentation requirements for this contract. GPC is offering its App-Order web -based work order system and mobile component to the City so that it can monitor, input, and retrieve work orders with photos over the web in real-time. App-Order also acts as a CRIM, enhancing City services provided to its residents. GPC provides the City free upgrades and support to the software system and allows the City complete control and access of all its data related to this project. Communication GPC is available to the City staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff. Consistency GPC provides reliable competent service on every work order that -it completes. GPC has been providing the highest quality service and workmanship for the entirety of its existence. Strong Local Presence GPC is the market leader for graffiti removal services in the Palm Springs area. GPC's strong local presence insures the City that there will always be enough local staff and equipment to immediately service the City's needs. There is no better indicator of future success than past performance, and GPC stands behind its 27-year overall history of providing exceptional service and workmanship in the field of graffiti abatement. Extension of Contract to other Local Public Agencies Pursuant to the provision to extend our contract pricing to other local public agencies as per the terms and conditions of the competitive solicitation document and Pricing Agreement #?1,4 �r Graffiti Removal Services with the City of Burbank, CA — GPC is hereby offeri the City of Palm Springs the same unit pricing as was offered to Burbank. The nit pricing page included in our proposal to you is directly from the Burbank a ee eI . , Approved by: cc: Craig President Company Information Graffiti Protective Coatings, Inc. (GPC), a California corporation, is a graffiti abatement company created in 1991. The founders of GPC, who were students at University of Southern California, had researched and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company's first significant client. After just one year GPC had saved the University over $100,000 (50% cost reduction), dramatically improved the appearance of the campus, and gained credibility for the start-up company. GPC's contract with the University is still in place after 27 years and has been expanded many times. The company centered on a formula of constant research and development in techniques, equipment, and products as well as a highly skilled well -paid labor force of problem solving, ever improving, and self -motivated individuals. GPC has stayed true to its business plan. Its products, equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and professionalism continue to grow. GPC and its related companies have over 1,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti annually in three states. Required California State Contractor's License number is 672447. Department of Industrial Relations PWC Registration Number is 1000009570. GPC's equipment set-up is designed exclusively for graffiti abatement. GPC's proprietary methods and products are vastly superior to all industry standards. Field staff is trained thoroughly in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user-friendly data compilation for the customers. Management understands communication, priorities, follow through, and the importance of exceeding the customer's expectations. GPC has extensive dealings with large government agencies and understands processes, procedures, work volume, documentation, and invoicing requirements associated with these customers. GPC can handle graffiti contracts of all sizes. GPC has three types of clients for graffiti abatement. These include municipalities, government agencies, and private customers. GPC can remove graffiti from any surface leaving no trace of graffiti, and our skilled and efficient personnel can perform these tasks at an extremely fast speed. GPC standards include 24-hour 7 day a week availability, 98% minimum color match quality, 1 hour or less response to emergency service requests, proactive zero -tolerance patrols, and always exceeding the specifications of the scope of work. GPC is available to City of Palm Springs (City) staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff and City Project Manager (CPM). Method of Operation Overview The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Palm Springs to control this problem. Graffiti Protective Coatings, Inc. specializes in these services with its "Zero -Tolerance Program". Under GPC's proven program each technician is fully equipped and trained to remove all graffiti. GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: all streets, sidewalks, city owned property, private property, bridges, parks, civic center, upper level locations, and all objects in the City Right of Way. Schedule of work (days, times, etc.) GPC is available to the City seven days per week with a minimum of 1 local truck assigned to the City of Palm Springs. Graffiti along right of ways will be completed within 48 hours and 24 hours for Hot Spots and priority calls. All response times will be tracked and available to City Staff in real time on the web -based database. GPC will provide additional vehicles and staff at no additional charge as needed when needed. GPC will proactively patrol the City a minimum of 3 days per week and will increase patrols in the City to 5 days per week when the technician notices an increase in tagging activity. The proactive patrols have been instrumental in suppressing vandal activity. Identification of Work GPC will be responding to City staff requests, hotline calls, app requests, and proactive patrols of areas assigned by City staff. GPC will meet with City staff weekly to discuss work orders, schedules, and areas to be maintained. Assignment of Work GPC prefers to put technicians in their own exclusive and specific City/zone. Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, "hot spots", and color matches creating better consistency; and the technicians are more accountable for the appearance of their City/zone creating higher quality. GPC will provide the City its App-Order software and a smartphone app equipped with the App- Order manager's app to City staff for instant and easy communication. GPC's workday will start at 6am so that busy thoroughfares can be cleaned safely before heavy morning traffic. During the patrols we will immediately remove all graffiti no matter how small. Each site cleaned will be photographed and documented using App- Order. GPC's Palm Springs lead service technician, upon request, will check in with City staff at a specified time to review service requests and overall operations. City staff can enter requests directly into the App-Order work order system where they will be routed real- time to appropriate technician via the technician's location. City staff can monitor and manage work orders via the web or on the provided manager's smartphone app. GPC will provide Palm Springs residents and staff three options to submit service requests. The first is by calling the City's graffiti hotline, which GPC will provide through a 24-hour live answering service. The second will be by a link on the City website that will create an instant electronic work order in the App-Order system. The third option is through a smartphone app. The smartphone app allows citizen photos and the corresponding GPS location to be submitted electronically into the App-Order system. The App-Order system will automatically notify the resident when the job is completed in real-time through a "Thank You" email featuring before and after photos as well as customer satisfaction survey. GPC custom color matches all surfaces to 98% or better. GPC will maintain the formulas as well as the inventory of labeled locations. GPC currently has the exact color formula to virtually every applicable surface in the City. Therefore, our touch-ups will always be 100% accurate. Our custom matches will include specific coatings and bases as needed for unique finishes. Many surfaces are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professionally apply only high -quality finishes. GPC will not use recycled paint on city owned property since it does not meet GPC or City expectations. Methods for removal GPC meets and exceeds the City's standards for graffiti abatement. -Painted Surfaces On most previously painted surfaces (with the exception of some semi -gloss, gloss, oil based, powder coated, and anti -graffiti coated surfaces), the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in parentheses above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces. Preparation (prep), which includes adjacent surface protection, is vital in professional removal. Before the touch-up paint can be applied, the surface must be clean. If the graffiti is from a marker or dark spray paint on a light color, the graffiti will be "killed" with a primer. It is required to use a primer in these instances, otherwise, many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface. GPC must now make the custom color of the surface. GPC will match the sheen of the surface, followed by the base, and then add colorants so that the toucli-up is virtually undetectable. Once the paint is made, the formula is saved and the paint is labeled with the corresponding location. The advantage of near perfect color matches is that smaller areas can be touched -up without having to paint the entire surface, creating tremendous cost savings. All GPC techs are excellent color matchers and are extensively trained at on -site color matching. GPC applies the color using its "feathering" technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch-up will not be recognizable, and no one will have known that site had been vandalized. It is important to note that GPC uses only quality paint to prevent color fading, obtain better coverage, and prevent adhesion problems. GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC with permission from the CPM, will reschedule for the most advantageous time. Techs are well trained and highly skilled which greatly limits the possibilities of adjacent surface damage. Plastic sheeting and tape is in every truck and will be used when necessary. Proper clean-up and disposal is performed at each site. Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. -Unpainted Surfaces GPC removes graffiti from unpainted surfaces with soda blasting techniques and chemical removal. Soda blasting can be performed wet or dry. For wet blasting, GPC utilizes water recovery and recycling equipment. GPC possesses many water recovery units. The units are truck mounted and designed after a much larger CALTRANS model. The units are fully automatic zero discharge -closed loop wash water recovery system. The units remove all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water using a Vacuboom system, filters the water and returns the clean water to the main water tank. Water recovery units are in compliance with current wastewater regulations and requirements. GPC also utilizes graffiti removers depending on the surface to be cleaned. All removers are biodegradable and non -hazardous. The removers will clean the graffiti without causing damage to the underlying surface. The media used for soda blasting is baking soda. Baking soda is FDA approved, non -toxic, and contains no free silica. It is also non -sparking, non-flammable, non -hazardous, and environmentally safe. Proper clean-up and disposal is performed at each site. Natural surfaces that are repeatedly tagged may require the application of an anti -graffiti coating. These projects will be performed on a case by case basis under the City's direction. Additional Work and Emergencies GPC knows from experience with other Cities that it will receive countless special event requests and emergency calls. GPC performs these services at no additional charge. Volunteering in the Community GPC can be counted on to volunteer staff and resources for City events as well as clean- ups. Response Time GPC will be available to the city 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after-hours calls will have a response time of less than 24 hours, but GPC will endeavor to respond with 60 minutes. 1) Priority- less than 24 hours from notification 2) Citizen or City reported incidents- less than 48 hours from notification Staffing The project manager for this contract will be Jesus Rodriguez. Jesus has been with GPC for 18 years and manages Riverside County projects and reports directly to Barry Steinhart, general manager, and Carla Lenhoff, President. He is currently one of GPC's top rated field tech for the entire company. His standing as one of GPC's top technician is made more impressive in that GPC is a company of highly skilled fantastic and dedicated professionals that have established GPC as "best in class" in the graffiti removal industry. The lead technician will be Jose Madrid. Jose has been the lead service technician for GPC in the Palm Springs area and will be the lead field tech for this project. Jose was promoted to the City of Desert Hot Springs five years ago after his training period ended. From Jose's first day as a lead technician up to the present, he has been providing the highest quality work and customer service. He has learned the area geography, residents, business owners, and works very well with City staff. Jose is professional, understands customer service, and an expert in color matching. He is also bilingual. Jose is based out of Desert Hot Springs GPC staff s consistent quality, workmanship, and attention to detail have created the highest possible standards that are now the expectation. GPC staff will always treat all the residents with tremendous respect and courtesy. Residents can sense that GPC staff is seeking to make them happy and always wants to impress everyone with the quality of their work. Residents know that when they call GPC, they get immediate results. Other Personnel Other personnel for this proposal are Barry Steinhart, Carla Lenhoff, and Joni Sawyer. Biographies: • Barry Steinhart-General Manager (27 years with GPC) (323)464-4472/ (323)656-3579 fax 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 GPCLAP,MSN.COM Barry has 27 years of experience in graffiti removal and has a degree from the University of Southern California. He was instrumental in the. development of many of GPC's graffiti removal techniques, pioneered the use of sacrificial anti -graffiti coatings, and developed the company's zero -tolerance graffiti program. He created a simple system of field color matching and the 98% minimum color match program. The level of service and quality of work performed under Barry's leadership is outstanding. Barry works very hard to be responsive, consistent, detailed, professional, and exceptional. His history is verifiable and irrefutable and always wishes to be judged more by his actions over GPC's 27 year history of successful projects verified through references rather than by words on a piece of paper. Carla Lenhoff- President (26 years with GPC) (323)464-4472/ (323)656-3579 fax 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 GPCLA@a MSN.COM Carla is the President of the company with 26 years of experience in the graffiti removal industry. Carla will be the administrative lead for the contract. Carla attended the University of Texas. Carla created the company's culture of unprecedented customer service, which she brought with her after serving as store director of Escada Corporation in Beverly Hills. Carla makes all new hires seeking people that possess the "intangibles". GPC has experienced consistent growth under her leadership, amassing diversified and loyal clientele. Carla will insure that all administrative tasks relating to this contract are seamlessly fulfilled. • Joni Sawyer- Software Director of Operations 1094 E. Sahara Las Vegas, NV 89104 (702) 686-0446/ Fax (800) 536-0963 JONIgu,APP-ORDER.COM Joni is the former assistant General Manager of the company and now serves as Director of Operations for GPC's software company, App-Order. Joni will be the point of contact for the contract for software solutions and serves as the liaison between App-Order programmers and engineers and City staff. Joni has a degree from Ventura Community College. Joni emphasizes the company's culture of unprecedented customer service, which she brought with her after serving as store director of Tiffany and Co. in New York and store director of Harry Winston in Beverly Hills. GPC's president, Carla Lenhoff, has a business philosophy and goal of making GPC the apex in quality and service. Carla, who got her start on Rodeo Drive, had followed Joni's career for more than 28 years and once GPC had reached a size that could support her acquisition, Joni was added to GPC's staff. GPC's 100pt training program is attached in the appendix Equipment to be provided daily within contract GPC trucks for the City of Palm Springs will be a mix of new or late model long bed heavy duty pick-ups. All trucks are fully equipped and self-contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi 5gpm hot water pressure washers, water tanks, water recovery units, .75-gpm gas powered airless paint sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. GPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract including the mentioned waste water recovery system. Mounted on the trucks are dual strobe lights and arrow sticks. The trucks possess a "Men Working" flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs. All GPC trucks for the City will always be fully equipped for all types of graffiti removal as stated above. There will be no need or delay for additional equipment. Technology GPC provides its App-Order system at no additional charge. This electronic work order system is a green solution to work order management. The real-time web based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real-time via the web. The technicians are able to directly submit work order number, address, longitude and latitude, date, surface, method, square footage, cost, moniker, zones, public or private designation, utilities owner identification, time, remarks, comments, and before/after photos electronically in real-time to the City. System recognizes and records the technicians name as well as job start and stop times. Work order response times are also tracked. Included, GPC can provide the City its own branded app on the App Store and Android Marketplace that Palm Springs residents can use to report graffiti and other issues using their smartphones. GPC provides free software services to assist City staff in identifying and managing private property graffiti (Le utilities), code enforcement, and any other issue requested by City management. Photos and GPS data from smartphone requests electronically feed into the web -based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders are closed electronically in real-time with corresponding electronic notification of job status sent to the resident. Features include customized electronic response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real-time to designated City staff. Each request will receive a work order number so that its status can be tracked. Once work requests have been received, App-Order maps out the locations on the technician's phone. All priority service requests will be completed within 24 hours, with the exception for inclement weather or other extraordinary circumstances that could cause a delay. The CPM will be notified of any delays. Emergency requests will receive immediate response with an anticipated removal time of 1 hour or less. GPC is available and on -call 24-hours a day, 7 days a week. CPM will be able to create, view, and map all of GPO's work orders from their smartphone. The system is role based and is user friendly. City staff can print current and real-time custom reports and graphs within seconds on-line. App-Order shows in real-time open/closed work orders, response time, billing, and reports. It also separates out costs for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real-time billing reports and photos for apprehended taggers. All data collected in the work order system for this project is the property of the City. GPC created and owns the software, so custom features can be easily added with no additional cost. Updates and all tech support are provided immediately and at no additional cost. Quality Control GPC's proprietary App-Order software provides a level of transparency unequalled in the contracting industry. The work trucks are tracked in real-time. All work is documented with before and after photos with embedded time stamps. The software sends before and after photos to the reporting resident in real-time and seeks feedback reviews that are distributed to GPC and City management. Response times are also tracked. Every technician at GPC understands that each and every job must be of the highest possible standard and that a very large majority of their work is reviewed by management on a daily basis. Handling Complaints GPC field and project manager are available to City staff365 days a year to handle issues and complaints. Upon receiving a complaint, GPC management immediately gathers information on the complaint and verifies the facts surrounding the issue. GPC will then take corrective action to satisfy all parties involved to the fullest extent possible. GPC has resources at all levels to insure that a complaint is turned into a compliment by the speed and thoroughness that complaints are addressed. GPC will then take corrective action, if necessary, to insure that the issues surrounding a received complaint do not repeat. GPC is best in class in its industry and puts tremendous efforts into insuring the highest quality customer service and workmanship. Budgeted Cost See Pricing Sheet from the City of Burbank No. 2043. These fees apply to all public and private property (including commercial and industrial properties). GPC will cap all fees at $90,000 per year for fiscal year 2018-2019. Business Disclosure Statement GPC is a California corporation. The shareholders of the corporation are Carla Lenhoff (50% ownership) and Steven Lenhoff (50% ownership). There are no known conflicts of interest for this project. Conclusion GPC has always provided the highest quality services at low prices. GPC's program has no shortcomings or deficiencies and staff will consistently maintain the highest possible standards, exceeding and creating very high expectations. There is no better indicator of future success than past performance. CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor 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. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor 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"). Contractor 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, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor 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 Contractor 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. NAME OF CONTRACTORNENQOR: n N (F Si (S EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self -Insured Retentions, and Severability of Interests (Separation of Insureds) ] 2 Revised: 1/31/18 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required X is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised: 1/31/18 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. 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 otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 Contractor'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' 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 work performed 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. 14 Revised: 1 /31 /18 720599.1 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 agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised: 1/31/18 720599.1 A a H3 GRAFPRO-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMODNYYY) 12131/2022 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 pollcy(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 riahts to the certificate holder In lieu of such endorsement(sl. PRODUCER —""moo,. ...... .. - mn.uv an Mu HUB International Insurance Services Inc. �, rro, Ext: 916 770-2918 P. O. Box 4047 Concord. CA 94524.4047 [ nakss: cal•Cpu ((@iWbinte INSURED Graffiti Protective Coatings, Inc. 419 North Larchmont, f1264 Los Angeles, CA 90004 rnVFRAGFS rFRTIFIrATF NtIMRER- REVISION NUMBER: 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. WaR TYPE OF INSURANCE ADOLSUBR POLICY NUMBER PODCYEFF POLICY EXP LINKS A X COMMERCIAL GENERAL LIABILITY CLAMS -MADE [ X] OCCUR X j( ACEP4245050-03 2/1712022 211712023 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED (Ea �1 100,0PREMISES 00 MED EXP (Any one 5,000 PERSONAL& ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY41 wof El LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOP AGO S 2,000,000 B AUTOMOCU E LUSILITY ANY AUTO OWNED AUTOS SCHEDULED ONLY NANUppIT�.�O�pSWyyN�IEEpp AUTOS ONLY Al1TO.SONLV X 5-Z91.466837-013 111=23 1Hf202A COMBINED SINGLE LIMIT (Ea sox6entlX f 2,000,000 BODILYINJURV BODILY INJURY Per eoddent PI(2eOPEa�Re I AMAGE A UMBRELLALWB EXCESS LIAO X OCCUR CLAIMS -MADE EXC4257701-02 2n712022 2/17/2023 EACH OCCURRENCE 5,000,000 X AGGREGATE 5,000,000 DEO I I RETENTIONf C WORKERS COMPENSATION AND EMPLOYERS' LUUIILT' MY PROPRIETORIPARTNERF CUnVE YIN B (ManCdabrY�n ER EXCLUDED'! � (NMyes, deso a under DESCRIPTION OF OPERATIONS below NIA X C6-Z91-466837-023 111/2023 111/2024 X PER OTH. ISTATUI ER E.L. EACH ACCIDENT 1,000000 , E.L. DISEASE EA EMPLOYEE 1,000,000 EL DISEASE -POLICY LIMIT 11000,000 A A Pollution Pollution PACEP4245050-03 PACEP4245050-03 2117/2022 2/17/2022 2117/2023 2/1712023 Each Condition Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat, AddHional Remarks Sche4uN. mry W atlachod H more space la requlrcdl Re: Service Contract. The City of Palm Springs, its elected officials, officers, employees, agents, and volunteers as Additional Insured as respects General Liability, and coverage applies on a Primary & Non -Contributory basis, per attached forms EPACE101-0814, EPACE100-0814, and EPACE107-0714. Waiver of Subrogation applies to General Liability per EPACE113-0714, Auto Liability per ACS407 0713, pg. 10 of 11, XXIII, and Workers Compensation per WC040306 (4-84). As required by written contract. rcoTTalr Arc uni nco 1 ANrPI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City Of Palm Springs q9 /�, N Q 9 Zo23 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 City Hall Reception Desk AUTHORUEO REPRESENTATIVE -� ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown In the SCHEDULE above, but only with respect to liability for bodily Injury, property damage, environmental damage, or cleanup costs caused, in whole or in part, by your work at the location designated and described in the SCHEDULE of this endorsement performed for that additional insured and included in the products -completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE100-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Where Required By Written Contract Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following: This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that: 1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE107-0714 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION FOR SPECIFIED PERSON, ENTITY OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Person(s), Entity(ies) or Organization(s): Where Required By Written Contract Section XXIII. CONDITIONS, 17. Subrogation is amended by the addition of the following: In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights. Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible. However, solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery against the person(s), entity(ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s), entity(ies) or organization(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE113-0714 Page 1 of 1 POLICY NUMBER: AS5-Z91-466837-013 A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such 'loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. 1'� IIIAri�G1P1��il��f+l7iiZe7_��C�I� Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 07 13 ® 2013 Liberty Mutual Insurance. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured: Graffiti Protective Coatings, Inc. Policy Number: WC6-Z91-466837-023 Policy Dates: 1/1/2023 - 1/1/2024 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT . CALIFORNIA 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. (This agreement applies only to the e)dent that you perform work under a written contract that requires you to obtain this agreementfrom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subjectto a minimum premium charge of $ 250 per policy. Person or Organization Job Description Where required by contract or Any written agreement priorto loss and allowed by law. Issued by Liberty Mutual Fire Insurance Companyl6586 Issued to Graffiti Protective Coatings, Inc. WC 04 03 06 Page 1 of 1 Ed: 0411984 A a H3 GRAFPRO-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMODNYYY) 12131/2022 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 pollcy(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 riahts to the certificate holder In lieu of such endorsement(sl. PRODUCER —""moo,. ...... .. - mn.uv an Mu HUB International Insurance Services Inc. �, rro, Ext: 916 770-2918 P. O. Box 4047 Concord. CA 94524.4047 [ nakss: cal•Cpu ((@iWbinte INSURED Graffiti Protective Coatings, Inc. 419 North Larchmont, f1264 Los Angeles, CA 90004 rnVFRAGFS rFRTIFIrATF NtIMRER- REVISION NUMBER: 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. WaR TYPE OF INSURANCE ADOLSUBR POLICY NUMBER PODCYEFF POLICY EXP LINKS A X COMMERCIAL GENERAL LIABILITY CLAMS -MADE [ X] OCCUR X j( ACEP4245050-03 2/1712022 211712023 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED (Ea �1 100,0PREMISES 00 MED EXP (Any one 5,000 PERSONAL& ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY41 wof El LOC OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOP AGO S 2,000,000 B AUTOMOCU E LUSILITY ANY AUTO OWNED AUTOS SCHEDULED ONLY NANUppIT�.�O�pSWyyN�IEEpp AUTOS ONLY Al1TO.SONLV X 5-Z91.466837-013 111=23 1Hf202A COMBINED SINGLE LIMIT (Ea sox6entlX f 2,000,000 BODILYINJURV BODILY INJURY Per eoddent PI(2eOPEa�Re I AMAGE A UMBRELLALWB EXCESS LIAO X OCCUR CLAIMS -MADE EXC4257701-02 2n712022 2/17/2023 EACH OCCURRENCE 5,000,000 X AGGREGATE 5,000,000 DEO I I RETENTIONf C WORKERS COMPENSATION AND EMPLOYERS' LUUIILT' MY PROPRIETORIPARTNERF CUnVE YIN B (ManCdabrY�n ER EXCLUDED'! � (NMyes, deso a under DESCRIPTION OF OPERATIONS below NIA X C6-Z91-466837-023 111/2023 111/2024 X PER OTH. ISTATUI ER E.L. EACH ACCIDENT 1,000000 , E.L. DISEASE EA EMPLOYEE 1,000,000 EL DISEASE -POLICY LIMIT 11000,000 A A Pollution Pollution PACEP4245050-03 PACEP4245050-03 2117/2022 2/17/2022 2117/2023 2/1712023 Each Condition Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat, AddHional Remarks Sche4uN. mry W atlachod H more space la requlrcdl Re: Service Contract. The City of Palm Springs, its elected officials, officers, employees, agents, and volunteers as Additional Insured as respects General Liability, and coverage applies on a Primary & Non -Contributory basis, per attached forms EPACE101-0814, EPACE100-0814, and EPACE107-0714. Waiver of Subrogation applies to General Liability per EPACE113-0714, Auto Liability per ACS407 0713, pg. 10 of 11, XXIII, and Workers Compensation per WC040306 (4-84). As required by written contract. rcoTTalr Arc uni nco 1 ANrPI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City Of Palm Springs q9 /�, N Q 9 Zo23 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 City Hall Reception Desk AUTHORUEO REPRESENTATIVE -� ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown In the SCHEDULE above, but only with respect to liability for bodily Injury, property damage, environmental damage, or cleanup costs caused, in whole or in part, by your work at the location designated and described in the SCHEDULE of this endorsement performed for that additional insured and included in the products -completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE100-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Where Required By Written Contract Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following: This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that: 1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE107-0714 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION FOR SPECIFIED PERSON, ENTITY OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Person(s), Entity(ies) or Organization(s): Where Required By Written Contract Section XXIII. CONDITIONS, 17. Subrogation is amended by the addition of the following: In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights. Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible. However, solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery against the person(s), entity(ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s), entity(ies) or organization(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE113-0714 Page 1 of 1 POLICY NUMBER: AS5-Z91-466837-013 A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such 'loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. 1'� IIIAri�G1P1��il��f+l7iiZe7_��C�I� Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 07 13 ® 2013 Liberty Mutual Insurance. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured: Graffiti Protective Coatings, Inc. Policy Number: WC6-Z91-466837-023 Policy Dates: 1/1/2023 - 1/1/2024 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT . CALIFORNIA 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. (This agreement applies only to the e)dent that you perform work under a written contract that requires you to obtain this agreementfrom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subjectto a minimum premium charge of $ 250 per policy. Person or Organization Job Description Where required by contract or Any written agreement priorto loss and allowed by law. Issued by Liberty Mutual Fire Insurance Companyl6586 Issued to Graffiti Protective Coatings, Inc. WC 04 03 06 Page 1 of 1 Ed: 0411984 A'Ro143 r_DAL00n114 4Zr,nN7Al IF7 ACORO` CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM'YY)2/16/2024 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 endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 3000 Executive Parkway Suite 300 CONTACT Michelle Vargas NAME: PHONE g16 770-2918 FAX 951 231-2572 (A/C, No, Ext): ( ) (ac, No):( ) ADDRESS: cal.cpu@hubinternational.com San Ramon, CA 94583 INSURERS AFFORDING COVERAGE NAIC p INSURER A: Colony Insurance Company 39993 INSURED INSURER B: Liberty Mutual Fire Insurance Company i23035 INSURER C:The First Liberty Insurance Corporation 33588 Graffiti Protective Coatings, Inc. INSURER D : 419 North Larchmont, #264 Los Angeles, CA 90004 INSURER E INSURER F : rnVGAAr_PC rFRTIFIrATF NI IMRFR• RFVISInN NIIMRFR- 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE [K OCCUR X X PACEP4245050 2/17/2024 2/17/2025 DAMAGE TO RENTED PREMISES E rr n 100,000 $ MED EXP An one person)$ 5,000 PERSONAL & ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1-1JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 2,000,000 BODILY INJURY Perperson) $ X ANY AUTO X AS2-Z91-466837-014 1/1/2024 1/1/2025 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ AUT OS ONLY NON-OWNED A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAR CLAIMS -MADE EXC4257701 2/17/2024 2/17/2025 AGGREGATE $ 5,000,000 DIED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA X WC6-Z91-466837-024 1/1/2024 1/1/2025 X PER OTH- T T ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below A Pollution Liability PACEP4245050 2/17/2024 2/17/2025 Each Condition 1,000,000 A Pollution Liability PACEP4245050 2/17/2024 2/17/2025 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Service Contract. The City of Palm Springs, its elected officials, officers, employees, agents, and volunteers as Additional Insured as respects General Liability, and coverage applies on a Primary & Non -Contributory basis, per attached forms EPACE101-0814, EPACE100-0814, and EPACE107-0714. Waiver of Subrogation applies to General Liability per EPACE113-0714, Auto Liability per AC8407 0713, pg. 10 of 11, XXIII, and Workers Compensation per WC040306 (4-84). As required by written contract. n�nTr min wTo u�r non rwwirci 1 nTrnwi RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Palm Springs tYACCORDANCE 3200 E. Tahquitz Canyon Way FEB 2 7 2024 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 City Hall Reception Desk AUTHORIZED REPRESENTATIVE , M4 yl� t�_ ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Insured:GRAFFITI PROTECTIVE COATINGS, INC. Policy Number: PACEP4245050 Policy Dates: 2/17/2024 - 2/17/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, environmental damage, or cleanup costs caused, in whole or in part, by your work at the location designated and described in the SCHEDULE of this endorsement performed for that additional insured and included in the products -completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE100-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Insured:GRAFFITI PROTECTIVE COATINGS, INC. Policy Number: PACEP4245050 Policy Dates: 2/17/2024 - 2/17/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. Insured:GRAFFITI PROTECTIVE COATINGS, INC. Policy Number: PACEP4245050 / Policy Dates: 2/17/2024 - 2/17/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION FOR SPECIFIED PERSON, ENTITY OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Person(s), Entity(ies) or Organization(s): Where Required By Written Contract Section XXIII. CONDITIONS, 17. Subrogation is amended by the addition of the following: In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights. Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible. However, solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery against the person(s), entity(ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s), entity(ies) or organization(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE113-0714 Page 1 of 1 Insured:GRAFFITI PROTECTIVE COATINGS, INC. Policy Number: PACEP4245050 / Policy Dates: 2/17/2024 - 2/17/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Persons or Organ izations : Where Required By Written Contract Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following: This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that: 1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE107-0714 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. POLICY NUMBER: AS2-Z91-466837-014 A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 07 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured: Graffiti Protective Coatings, Inc. Policy Number: WC6-Z91-466837-024 Policy Dates: 1 /1 /2024 - 1 /1 /2025 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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. (This agreement applies only to the rodent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subjectto a minimum premium charge of $ 250 per policy. Person or Organization Job Description Where required by contract or Any written agreement prior to loss and allowed by law. Issued by Liberty Mutual Fire Insurance Company16586 Issued to Graffiti Protective Coatings, Inc. WC 04 03 oe Ed: 0411984 Page 1 of 1