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HomeMy WebLinkAboutA8986 - 139 FIRE LLCCONTRACT ABSTRACT CONTRACT Company: 139 Fire LLC Contact Name: Natalee Tueiler Address: 3007 State Route 7, Fowler, OH 44418 Phone: 7246992948 Summary of Services: Contract Price: Contract Term: Email: natalee@139fire.com FAA required annual live fire burns $24995.00 Funding Source: ARFF Training 10/11 /2021-10/14/2021 CONTRACT ADMINISTRATION Lead Dept: Fire CONTRACT APPROVALS Contract Administrator: BC Greg Lyle Council/Comm. Redevelopment Agency Approval Date: Council Approval? Agenda Item No./Resolution No.: City Manager Approval? CONTRACT COMPLIANCE Exhibits: YES Signatures: Bonds: Agreement No. Insurance: YES CONTRACT PREPARED BY: Staci KOIbeck Name: StaCi KolbeCk Phone Ext. 8186 Date Submitted: 10/7/2021 p CONTRACT SERVICES AGREEMENT 139 FIRE, LLC THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into October % , 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and 139 Fire, LLC, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a FAA approved mobile trainer, for fulfilling the Part 139 FAA Requirements for Annual Live Burn, ("Project"). B. Contractor has submitted to City a proposal to provide the mobile trainer, qualified instructors and signing of FAA approved training, 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. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "Services" or "Work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. 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 shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1 Revised: 5/112020 55575 18165U2899991.2 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. 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." Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. 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 $24,995.00. 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 Chancres. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Anpro»riations. 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. 2 Revised: 511/2020 55575.18165\328999912 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. 4.3 Force Maieure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Maieure Event shall mean an event that materially affects the Contractor's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 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. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of 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 week, commencing on October 10, 2021, and ending on October 16, 2021, 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. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 3 Revised: 5H l2020 55575 18165U28999912 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: Natalee Tueller, Program Manager. 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, were a substantial inducement for City to enter into this Agreement. 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. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and 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. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Contractor shall not have any authority to bind City in any manner. 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 4 Revised: 5/1/2020 55575 19165\328999912 EO 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: Natalee Tueller Program Manager 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 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, 5 Revised: 511/2020 55575.18165\32899991 2 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, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in 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. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Resorts. 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 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. 6 Revised: 5/1/2020 $5575.18165U2899991 2 r 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 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 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. 9.4 Riahts 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. Revised: 611W20 55575 18165\32899991.2 9.5 Lezal 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. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 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 (1) 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 Revised: 511/2020 55575.18165\32899991 2 writing and either served personally or sent by pre -paid, first-class mail to the address set forth 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: 139 Fire, LLC Attention: Natalee Tueller, Program Manager 3007 State Route 7 Fowler, Ohio 44418 11.2 Integrated Agreemen#. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed 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. g Revised 5/1/2020 55575.18�65132849441 2 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. 11.9 Counteruarts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES 4N NEXT PAGE] 10 Revised: 5/112020 55575.181 b5L32899991.2 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND 139 FIRE, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs t Date: l 2�Z� By: — Justin Ujifton City Manager ARRD BYCINWMW APPROVED AS TO FORM: ATTEST By: n By: Y.. Jeley V6 al Lk ger, ! Anthony Meji City Attorney City Clerk Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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Iu%.ft— rLAYiiUe rrrwr�rrrryy-r� M hrarai, -.�rl �Ir s w..a Prr a.yN.rr.P- W lrb �I, rrrc.*or.rc�r.ry�r.r �+�errr�.Pw7tib►�wW+rfib r r P.W alt I- .Ad r rrA. frla r.r11. aaras ueounoFUP+�r.era►�.-.lurr.rrrrw..r�ua.r.a�rr.. rrr�rrr 14 Revised 5/1/2020 55575 18165%32899991 2 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) 15 Revised: 5/1/2020 55575 18165W899991.2 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 Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: I. 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 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 16 Revised: 5/1/2020 55575 18165\32899991 2 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coveraze. 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 VI1, or better, unless otherwise acceptable to the City. 6. Verification of Coverag . 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: A. "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 workperformed with the City" may be included in this statement). B. "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). C. "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. 17 Revised: 5!1l2020 55575 18165W899991 2 D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the 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 (Seuaration 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. is Revised: 5r712020 55575.18163\32899991.2 EXHIBIT "C" CONTRACTOR'S INSURANCE 139 FIRE LLC - COMMERCIAL GENERAL LIABILITY KIRILA FIRE TRAINING FACILITIES INC - AUTOMOBILE LIABILITY 19 Revised: 5/112020 55575.18165W899991 2 ^4Lc"2eu CERTIFICATE OF LIABILITY INSURANCE ID"T II TIDE CEWFWTE is ISSM AS A MATTER OF OIFORSIATION OMLYAND CONFERS NO RIONS UPON THE CERTWa's RUM TO CER7IFICATI DOES MOT AFFIRIANTR1ELY OR NMTMYAMEND, MCMND OR ALTER THE COVERAGE AFFORD® BY THE POLMM BOOM- THE CERTWATE OF MSURANCI DOES NOT CONSITTUTE A CONTRACT BETWEENTHE M JUMQ INSURERMAUTIIORMED REARESEl1UIM OR PRODUCER AND TM CERTIFICATE HOLDER M SUBROGATION M WAIVED, EuhW Io Sr IWtne and eendBloln ate* poft col to Pad �+4"IR+� + iM A afaftmunt on thk ee w"m daa net eol Ida to the oerdfleale Aoldw In Sau Of $UehwdwsoawftL MOW M*VC,undlar Ooveagr ka amsAaNny, Ira (d;Nlj S7 -un I mcm., (370)6S -9m 072 Y&X*atamxkWAa Rd. P.O. Baa 770 099M AR MMOCOVEPAGe NAm ON 4473 13ww LLC =7 Stet Rout 7 raw.r ON 44118 i CleJCT09CATlg NUMBER: CL21 MM TMArTIE POLICIES OF WSUm W UMO BH OW H4 NDTVArHBTANMGAWfJMUNtBMff,TBmoRcoNoffroN 9 MAY BE MMO OR WAY PERTA04 THE M1 AMNCE AFFORDS SAM CONDITIONS OF WON POLICES. LAM SHD41W MAY IBA TTMeormgUpp ea film" we7 PMLN.YNu r'M ❑W OTHM ❑Lai AWAUTO Omm MplQEetMILEL AUFOSOMY HRED AUMO XLY A1lfOg OMLy mna9LA L AS Oallll Oa mum r,.�..., A ]OfN E7fCLO I N IjNIAI 170MG0444", r ANY UUNTRPAW OR 07HER CDCUYEIfr V M,1{ RESPECT TO N►ACH THIS W THE POUCIFA DESCAMEDWREW IS StRACTTOALL THE TORUS, I BEEN REDUCED BY PAD CLAW& OelOSml I MB'M= mll WWI I MimB= 0 0 0 ----.._ ..-'- — — ^-..-...-_-�......�....�.,... r.....w ....w.�a.�a aawati �1' warwr rmn •PW b �M The City Of PaMn agklpa Its adlwn artpbyeeatiaWwken and anwd mprarlk0ra ars named a sealloml Yawed and glmery and nw�aw4rautry bUK a f@W$W 10openuona and atlirMes d, ar m Whey. dr name0 Ywued Pelfwnlad umdarmsrd wdth h cWTTr adg w* rowed owncok MM0-bdudepI wVandn",nhbgbrybWandwalwrdu6mp omonallpa"m "OLDER CANCULATION BNOULDANY OF TIEASOM DBBCRM POLICM IS CANCMLLID BBFORM THE EIPINATIDN OWN THEREOF. NOrm W LL 89 DlLIViRER W Cbr of PYm f dvs ACCORDANCE VOTH THE POLICM PROVUIONS 320D ETkpWtz Cwrym Nay AUTHOP pW r!l�IIgTAIi Patin sprkw CA 92202 n 01MB,T01iACORDCORPORATION. ABdptlbnMaWwd ACORD 2$ (M&w) The ACORD name and tap* an repbtend flnrin dACORD 241 Revised: 6/112020 55575 1916%32899991.2 POLICY NUMBER: 7078GO4444-01 COMMERCIAL GENERAL LIABILITY Chi 04 4103 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT -- OHIO This endorsement modifies Insurance provided under the fdlowtng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000.000 Each Acckkwd Bodily Injury By Disease $ 1.000.000 Aggregate Limit Bodily Injury By Disease $ 1,000,000 Each Emptoyes Information required to complete this Schedule if not shown above wtil be shown in the Detentions. A. The following Is added to Section 1— Coverages; Coverage — StoP GaP — EmPloyers Liabitlt}r 1. Insuring Agreement a. We Will Pay those sums that the Insured becomes legally obligated by Ohio Law to pay as damages because of "bodily Injury by accident" or "bodily injury by disease' to your "employee' to which ft Insurance applies. We will have the right and duty to defend the Insured against any 'euit" Seeking those damages. However, we wil have no duty to defend the Insured against any "suit seeking damages to which this Insurance does not apply. We may, at our discretion. Investlgata any accident and settle any claim or "euir that may result. Gut: (1) The amount we will pay for damages is limited as described in Section III — Umifa Of Insuranow and (2) Our right and duty to defend end when we have used up the applicable I" of insurance in the payment of judgments or settlements under this coverage. No other obligation or (lability to pay sums or perform acts or services Is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to 'bodily Injury by aocidenr or'bo0y Injury by disease" only IF. (1) The: (s) "Bodily injury by accidenr or "bodily Injury by disease" takes place In the Coverage W tort'; (b) "Bodily Injury by accident" or 'bodily Injury by disease" arises out of and in the course of the injured employee's' employment by you; and (c) "EmPloyae, at the time of the injury, was covered under a worker's compensation Policy and subject to a "worker; compensation lawn" of Ohlo; and (2) The; (a) "Bodily Injury by accident" is caused by an accident thal occurs during the policy period; or CO 04 41 0211 0 Insurance Services Office, Inc., 2010 Page 1 of 4 O 21 Revised 5l112020 55575.18 165132899991.2 C (b) "13odfly Injury by disease' Is caused by ar a9g►�� by conditions of employment by you and the Injured "employee's' last day of lad exposure to the conditions causing or aggravating such "bodily injury by disease' occurs during the policy period. e. The damages we will pay, where recovery Is permitted by law, Include damages for- (1) Mch you are liable to a third party by reason of a daim or "suit" against you by that third party to recover the damages claimed against such third Party as a result of "bodily Injury by aoddenr or "bodily Injury by dlsease'to your "employee'; (2) Care and loss of aendces resulting from the Injury referred to in a.(1); and (3) 'Bodily Injury by socidenr or "bodily injury by dlsease" to a spouse, child, Parent brother or sister of the Injured "employee" as a oormequenoe of the Injury referred to in o.(1); Provided that these damages are the direct consequence of Wily Injury by socidenr or "bodily Injury by disease' that arlsea out of and in the course of the Injured "employee's' emplcyr nant by you. 2. Exclusions This insurance does not apply to. a. Intentional injury "Bodily Injury by aocident- or Uodily injury by dhMW Intentionally caused or aggravated by you, or "bod8y injury by accident- or "bodily Injury by disease" resulting from an act which Is determined to have been committed by you If it was reasonable to believe that an injury Is substantially certain to occur. b. Fimm Or Penalties Any assessment, penalty or fine levied by any regulatory Inspection agency or authority. Pago2of4 C. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefiq or unemployment compensation law or any similar law d. ConVacbral Liability Liability assumed by you under any contract or agreement. e. Vietation Of Law "Bodily injury by accident" or "bodily injury by disease' suffered or caused by any employee while ampkWW In violation of law with your actual knowledge or the actual fmowiedge of any of your lexecufte offlcere. f. Termination, Coercion or Discrimination Damages arising out of coercion, criticism, demotion, evaluation. reassignment, discipline, defamation, harassment, huxnilletlon, discrimination against or termination of any 'employee', or arising out of other' employment or personnel decisions concerning the Insured. g. Failure To Comply With "Workene' Compensation LaW "Bodily Injury by aoddent" or 'bodily injury by disease" to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your (allure to secure your oblOtlons or other failure to comply with any %vorkers' compensation law'. h. Violation Of Age Laws Or EmpkWnant Of Mlnore 'Bodily injury by accident' or'bodfly Injury by disease" suffered or caused by any Person: (1) Knowingly employed by you In violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. 1. Federal Lawn Any premium, assessment, penally, fine, benefit, Kabilfty or other obligation Imposed by or granted pursuant to: (1) The Federal Employers Lfabiifty Act (45 USC Section 5140); 0 Insurance Services Office, Inc., 2010 CO 04 41 0311 O 22 Revised: 5/1/2020 55575 1810328999911.2 (2) The Nan -appropriated Fund Instrumentallfles Act (5 USC Sections 817"173): (3) The Longshore and Harbor Workers` Compensation Act (33 USC Sections 9104M): (4) The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); (5) The Defense Base Act (42 USC Sedlons 1651-1eU): (0) The Federal Coat Mine Health and Safety Act of 1969 (30 USC Sections 901-9421 (7) The Migrant and Seasonal Agricultural Worker Protection Act (20 USC Sections 1801-1872); (0) Any other workers` compensation, unemployment comIxffmtlan or disability laws or any similar law; or (9) Any subsequent amendments to the laws listed above. J Punitive Damages Multiple, exemplary or punitive damages. k. Crew Members 'Bodily injury by ac idenr or "bodily injury by disease' to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The SupplemorHary Payments provisions apply to Coverage — Stop Gap Employers Liability as wail as to Coveragsa A and B. C. For the purposes of this endorsement. Section g —Who is An Insured, Is replaced by the folbwing: If you are designated In the Declaretions as: I. An Individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also Insureds, but only with reaped to the conduct of your business. 3. A limited liability company, you are an Insured. Your members are also Insureds, but only with reaped to the conduct of your business. Your managers are Insureds. but only with rasped to their duties as your managers. 4. An orgenizaton other then a partnership, Joint venture of limited liability company, you are an Insured. Your•execuWaotflcers"and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company thhatls not shown as a Named Insured in the Declarations. D. For the purposes of this endorsement, Section III — Limits Of Insurance, Is replaced by the following: 1. The Limits Of Insurance shown In the Schedule of this endorsement and the rules below fix the most we will pay nsgeMiess of the numbercC a. Insureds; b. Claims made or "suits' brought or c. Parsons or organizatlons making chine or bringing "suits". 2. The "godly Injury By Accident" — Each Accident Umit shown In the Schedule of this endorsement Is the most we will pay for all damages covered by this insurance because of "bodily injury by accident" to one or more employses' in any one accident. 3. The 'Bodily Injury By Disease" — Aggregate Limit shown In the Schedule of this endorsement Is the most we will pay for all damages covered by this Insurance and arising out of "bodily injury by disease", regardless of the number of "employees" who sustain "bodily injury by disease'. 4. Subject to Paragraph D.3. of this endorsement, the "Bodily Irnjury By 171sease" — Each "Employee" Unit shown in the Schedule of We endorsement Is the most we will pay for all damages because of 'bodily Injury by disease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in fie Declarations, unless the policy period is extended after Issuance for an additional period of less than 12 months. In Mat case, the additional period will be deemed part of the last preceding Period for purposes of determining the limits of Insurance. CO 04 4103 11 m Insurance Services Office, Inc., 2010 Page 3 of 4 G 21 Revised: 5/M020 55575 18165132899991.2 E. For the purposes of this endorsement, Paragraph 2. Dudes In The Event Of Occurrence, Claim Or Suit of the Condltlons In Section N is repbeoed by the following: 2. Dudes In The Event O<Injury. Claim Or Suit a You must we to It that we or our agent are notliled as soon as practcable of a "bodily Injury by accident" or "bodily Injury by disease" which may remit in a claim. To the extent possible, notice should Include: (1) How, when and where the 'bodily Injury by accident" or 'bodily Injury by disease" took place; (2) �names and addresses of any persons and witnesses: and (3) The nature and location of any injury. b. If a claim Is made or "soil' Is brought against any Insured, you must: (1) Immediately record the specifics of the claim or "silt* and the date received; and (2) Notify us as soon as practicable. You must we to it that we receive written notice of the claim or "suit" as soon as practicable. C. You and any other Involved insured must• (1) Immediately send us copies of any demands, notices, summonses or legal papers recelved In connection with the Injury. Claim, proceeding or "cult": (2) Authorize us to obtain records and other Information: (3) Cooperate with us and asslat us, as we may request, In the investigation or settlement of the claim or defense against the "suit*: (4) Assist us, upon our request, In the enforcement of any right against any person or organization which may be liable to the insured because of Injury to which this Insurance may also apply, and (5) Do nothing after an Injury occurs that would Interfere with our right to recover from others. Page 4 of 4 d. No Insured will, except at that Insurod"s own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid, without our consent. F. For the purposes of this endorsement. Paragraph 4. of the Deflnitlons Section is replaced by the following: 4. "Coverage teritofy' means: a. The United States of America (Including Its territories and possessions), Puerto Rico and Canada: b. International waters or airapsoe, but only If the injury or damage occurs In the course of ImM or lransportetlon between any places Included In a. above: or C. All other parts of the world if the Injury or damage arises out of the activities of a parson whose horns Is In the territory described In a. above, but who Is away for a short time on your business: provided the Insured's responsibility to pay damages is determined In the United States (Including its territories and possessions), Puerto Rico. or Canada, In a mutt on the merits according to the substantive law in such territory, or in a saulement we agree to, O. The following are added to the Definitions Section: 1. "Workers' Compensation taw" means the Workers" Compensation tow and any Occupational Disease Low of Onto. This does not Include provisions of any law providing non -occupational disability boneflta. 2. "Bodily injury by accident' means bodily injury, sickness or disease sustained by a person, Including death, resulting from an acddent A disease to not 'bodily Injury by aocideW unless 8 results directly from "bodily Injury by accident*. 3. 'Bodily Injury by disease" means a disease sustained by a person, Including death. 113odity Injury by disease" does not Include a disease that results directly from an accident H. For the purposes of this endorsement, the definition of'bodiiy Injury' does not apply. O Insurance Services Office, Inc., 2010 CO 04 410311 13 24 Revised S/W020 55575 18165\32899991.2 POLICY NUMBER; 707BG04444-01 COMMERCIAL GENERAL LIABILITY CO 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ills endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or nb;.afbn a L s Of Covered Operations Any person or organization for whom you are performing Any location(s) of your covered operations. operations, but only if you have agreed, in a written contract, to add such person or organization as an additional Insured on your policy for that location or part thereof, provided such a written contract is fully executed prior to an "cccurrence' In which coverage is sought under ilia policy. IMormation MquIrud 10 COMPIste this Schedule if not shown above will be shown In the Declarations. A. Section 0 » Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', property damage" or 'personal and advertising injury' caused, In whole or In pert, by: 1. Your ads or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional insureds) at the locations) designate l above. However. 11. 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 contact or agreement to provide for such additional Insured. B. With reseed to the insurance afforded to these additional insureds, the fallowing additioaai exclusions apply. This Insurance does not apply to "bodily, injury' or "Property dwnage" occurring WW. 1. All work, lnclrrdlng 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 Insureds) at the locatiorn of the covered operations has boon completed; or 2. That portion of 'your work' out of which the Injury or damage arises has been put to No Intended use by any person or organizaton other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same projecL CO 2010 0413 Cr Insurance Services Offloe, Inc.. 2012 Pape 1 of 2 25 Revised: 5/112020 55575.18165\32899991 2 C. With respect to the insurance afforded to these additional insureds, the fdiowing is added to 8ectlon III — Limits Of Insurance: If Coverage provided to the additional insured is required by a embed or agreement, the most we will pay on behalf of the additional h aured is the amount of Insurance: 1. Required by the Contract or agreement; or Page 2 at 2 2. Available under the applicable limits of Insurance shown in the Declarations; Whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance ahown in the Declarations. ® Insurance Services Office, Inc., 2012 CG 2010 0413 26 Revised 5/1/2020 55575,18165\32899991 2 POLICY NUMBER: 7078GO4444-01 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section 11 — Who Is An Insured Is amended to Indude as an adddlona Insured the person(s) or lIZ90n(s shown In tSchedule, but only w liability for"bodily injury' or 'property damage' caused, In whole or. n part, by ' rvur work" at the location designated and described In the Schedule of this andorsement Wormed for that additional insured and included In Ow *produdscompleted operations hazard'. However; 1. The Insurance afforded to such additions! Insured only applies to the &%lent permitted by law; and 2. H coverage provided to the additional Insured Is regWred by a contract or agreement, the Insurance afforded to such additional Insured will no be broader than Ural 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 Ill — Limits Of Insurance. - 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 contrail or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration; whiclmever is less. This endorsement shell not ino sese the applicable Limits of Insurance shown In the Declarations. CS 20 37 0413 ® Insurance SwAces Office, Inc., 2012 Page 1 of f 27 Revised: 5/1/2020 55575 I M 65132899991.2 POLICY NUMBER: 7078GO4444.01 COMMERCIAL GENERAL LIABILrrY CG 24 04 05 08 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endomemernt modifies Insurance pmvkled under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Parson Or Orgsntsatlon: Any Person or organization with whore you have agreed, in a written contract to waive the transfer of rights of j recovery against others to us. Provided such mitten waiver Is fully executed prior to an "occurrence In which coverage Es sought under this Policy. nfofmation mquLmd to camNlets this Schedule, if not shown above, will be shown In the Declarations The following Is added to Paragraph 8. Transfer Of Rlgtds Of Recovery Apainst Others To Us of Smdon Iv — Conditions: We waive any right of recovery wa may have against the person or organization shown in the Schedale above because of payments we make for Injury or damage arising out of your ongoing operations or 'Your work' done under a contract with that person or orgeniz$Oon and Included In the 'products-mmpieted operations hazard. This waiver applies oNy tD the person or organization shown in the Schedule above. © Insurance Services Office, Inc., 2008 Paps 1 of 1 G 29 Revised: 511/2020 55575.18165\32899991 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART Seheduts of Additional Insure*): Any person or organisation named in an Additional Insured endorsement attached to this policy with whom you ham agreed, In a written cOnlrect, that such person or organlzatlon should be provided primary and non- contributory coverage, but only when such written contract Is fuly exemlled prior to an'occurrence- In which coverage is sought under this policy. A. Paragraph C. of this andarsemerd replaces paragraph 4. Other Insurance of Section fV- Commarcial General Liability Conditions, but only with respect to the Insurance afforded to the additional Insured(s) scheduled above. S. Paragraph C. of this endorsement replaces paragraph 4. Other Insurance of Section IV. Producta4 mplated Operations Liability Conditions. but only with rasped to the Insurance afforded to the additional Insured(s) scheduled above. However. thla endorsement 1, Applies only when you are required by contract, agreement or permit to provide primary and non-conhibutory ooverage for the additional Insured, provided such written contract, agreement or permit Is fully executed prior to an 'occurrence' In which coverage Is sought under this policy. and 2. Does not apply to any daim, loss or liability due to the sde negllgence of the additionat Insured. C. Other Insurance Notwithstanding other valid and collectible othertanns and eonditlons ofthis Policy remain Insurance available to the Insured for a loss we unchanged. cover under the applicable Coverage Part to which thin endorsement Is mod". insurance is primary and norm-oontribukwy. IF"-0094 OS 17 Includes copyrighted materiai of Page 1 of t 180 Properties, Inc., with its permission. 21) Revised: 5/1/2020 55575 18165\32899991.2 OhioI Bureau of Workers' Compensation 30 W. Spring St. Columbus, OH 43215 Certificate of Ohio Workers' Compensation This certifies that the employer listed below participates in the Ohio State Insurance Fund as required by law. Therefore, the employer Is entitled to the rights and benefits of the fund for the period specified. This certificate is only, valid if premiums and assessments, including Installments, are paid by the applicable due date. To verify coverage, visit www.bwc chio.gov, or call 14MO-044-6292. This certificate must be conspicuously posted Policy number and employer 01537827 KIRILA FIRE TRAINING FACILITES INC IQRILA FIRE TRAINING FACILITIES 3D07 STATE ROUTE 7 FOWLER, OH 44418.9774 www.bwQohio.gov Issued by: Bwc 40 40xleR3 C`a Period Specified Below 07/0112021 to 07/01/2022 I I Interim Administrator/CEO I You can repmdwe title ectinate as nestled Ohio Bureau of Workers' Compensation Required Posting Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol, marihuana or a controlled substance not prescribed by the employee's physician is the proximate cause (main reason) of the work -related injury. The burden of proof is on the employee to prove the presence of alcohol, marihuana or a controlled substance was not the proximate cause of the work -related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act. Bureau of Workers' hl0 Compensation You mis post this language with the Cftfkate of Ohio Worker' woemation. DP-29 BV C-1629 (Rev. Jan 10, 2019) Revised 511/2020 55575 19165MN99912 C TO: City of Palm Springs ATTN. City Clerk and Risk Manager SUBJECT., Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a ®sole proprietor partnership ❑ LLC closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation Insurance coverage. I further warrant that I understand the requirements of Section 3700, at seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or Ilabillty which may arise from the failure to comply with any such laws or regulations. A'24- Contracto/Signattfre T. Jerry Kirila Printed Name of Contractor Risk tYFanagement Approval: 2021.10.05 Date Date 31 Revised: 5/1/2020 5557518165U2899991 2 0 AC'OR CERTIFICATE OF LIABILITY INSURANCE Own"PAPORTANT COVERAGE! cERTwMTEMUMEER: CL2161SUMI REVONONNuMEERt P I LANCE aNDULOANY OF TNEAEOVE OUMI IO POLIM U CANCELLED eEPM THE VmmTION om TND ". Nm= wLLE'E OKNu W w m d Palmspdw ADCORd1NCEVMtNTHEPOLICYPROYMONE. S206 E. Ti xpb Canyar Way AIRIIGIaTaBRlaOlMWM Pain *inp CA tip' e2 ^ aSeas4DUAACORDCORIMAWK Anrk*M msw#sd. ADORO SE 9MV03) The ACORD Rents and boom r**bmad meeha oIACORD i TIDE cERTIPiCATH Di iElUED A,E A WriER OF INFORWTiON ONLYAND CONFERS NO RIGH'1!! UPON THE CiRT1RCATE MOLDER. THIS CERTIFICATE DOEi NOT AFFlRWTRIELY OR NEGATNELYAMEMD, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICW BELOW. TNNi CERTiFICJITE Of DIEURANCE DOES NOT CON8TIT1lTE A CONTRACT BETWEEN THE lS>1lXNG INEURER(>t), AUTHORIZED RBPRREiETeT1ATRIE OR PTIOAUCERAND THE CERTIPICIUE HOLDER tflOWMholds b en ADDRIONAL D�iiURtiO, a t3UBROGATNMI Ni IIIAIII:D, suhJaet m fhe tamr and estldltlone of the poOey, fhb nettlleets does not oarlNr m to p>tlllGas holder In Ibu d each rVo Reel ADDIiIONAL INBURm povldona ar bs snOnned tsetaln panelss msy rsCuln sn aadotsareled. A datallsnt on endolsa s �� Qowngr ImeraaceApenLY, i'Ie. CaaeM Msa 1390) fi149eiN (aaeJ tfSa 1101119 TO CER7FY THATTHE POLICES OF eYBURAIiCE 618rE0 PROWHAVE EEEAI TO THE IFIHURDI riAMEDAEOVE FOR THE POLICY PERIDD arDICATE6. NOTW[7H$TME)NOANYREpUI�eNlT,7ERMORC01'pT10NOFANY CONTRACT0110r1TlIIo0C1AE:NfYM7MRZBPEC7TONAtaCH7Fg8 CEiiTIFIClDE WY � 16>pJID OR MAY PfXiTAEQ, TFeT eesuRAIICE AFFORDED BYTIE POLICIES OEBCREIEDrRPER! IS IRRJECTTOALLTF♦e TERMS, [ACLVSIONa AtA CONDIiiCF19 OF BUCM POLICa'.B. LIIRTB eNOitN MAY wart tIEEN Rt3000ED BY AND ClAeelL IYPe OF atellRMrOa an AM FCa.ICY IUMeEA Lin A eara.eau aeleuL Ream' GIAu&ruoE ®oCcvR Y 707ENN0T62 teY01Il020 10lDU202t rAral aa�rwAarea 1,000,U00 100.000 IImGaF an t,ODfl r91e0iNLaAeV i,000.000 OENL urRrrvuaaror: -Am � L� Ormft OEM9IALAOaM3A1L 2.00D.000 -COWILiA0f1 ��'� e B AUlaraearLueurr AMrAuro � r � mm AUTnapaY AEU 06plILY Y s 22Y7Mi G/ltif�02I OCtrnr� s 1,006,00E eoaLrauuRrWrs.wq I sooarewRYlnr.aorrq t e s C UIIee6tA llAe E]ICW LNe OCCIM UN S2S17ei-12 tO94/2E2J1 7EIEUk7lEP1 6,000.00E a 0,0EE.EEO IRS l>QmTpaoNS 10,000 e Bd'lAt7Ae' LIAeLIiY ON F�npleyaq Revised: 5Hi2020 55575. i 8165132899491.2 POLICY NUMBER; 707BW60162 COMMERCIAL OENFRAL ILIpgLITY CO 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This erndorsament mods fes Insurance provided under the fclovAng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NM Of AdMond htsitffed Paraon(s) y person or orQsnlsaeon for whom you are any and an covered rrorming operations, but only If you have agraecL in a Iten comet to add such person or orgenwwon as additonal insured on your policy for that toceigon or T thereof, provided such a w6tten contract is fully rcuted prior to an '000urrence' In which coverage is ght under this policy. A. 880111102111 - who Is An lnaufed to amended to Inducts as an adclllonal Insured the parson(s) or argaulitatlan(sj shown In the Schedule, but only with respect to tiabiply for 'bod6y Injury', pMPYN damaW or 'personal and advertising Injury' caused, In whole or In par; by 1. Your acts of omissions; or 2. The sots or omissions of two acting on your behalf: en V% penormaro of your ongpi operations for the Nwitlonal Insureds) at the location(s) designated above. However. 1. The Insurance aflodad to such additional Insured only applies to the Ardent permitted by law; and 2. If Cover p provided to the additional insured is a contract or agrearnwX the required Insurance iabyiforded to such addgonal Inurred wif not be broader Man that which you are required by Mrs contract or agreement to provide for such additional Rued. 9. with reopat lo the Insurance afforded to these additional Insureds, the fdlowing additional exclusions 4OV., This tnsuMM does not apply to 'b0dtly Injury' or property damge• oceurdV attar: 1. All wo(k, ind xMV materials, pane or squlpment tumished In connection whh such work, on the project (other than service, maintenance or AIP811fe) to be performed by or on behalf of the additional Insur"s) at the location d the covered operations has been completed; or 2. That potion e1 'your WW out of which the "my or dernege arisee has been put ID Im Intended use by Arty person or orgalrabon other then another contractor or subcontractor angepsd in perbrrnlrV a waMtna for a pMdpd as a part of she same project. CG 2D 10 0412 0 insurance Services Of N. Inc., 2012 Peas. 1 of 2 33. Revised: 5/1/2020 55575 18165U2899991.2 G C. Inor fA the trrsurence mrded to these nsureda, the folowlng ie added to WOOD 01— L knM Oe ktwA noe: If cOMWO Provided to the a*Mnaf Insured Is required by a oontreot or agroemeny the most we will pay on behaH of the addldonal Insured is me amount of insurance; 1. Required by the contract or agreement; or Naga 2 of 2 L Avalla * under me applicable Umtts of Irraunknes shown in me Dec4raHarq; whichever is lees. This wdowmem shell not Increase the app0ceble Limits of lraurance sham In ft Deolaraom. ® InKrranes Services Office, Inc., 2012 Ce 201004 1s 34 Revised: 5/1/2020 55575 181651328999912 (7 POLICY NUMBER: 707OW60162 CORAL OMRAL L IMILITY O0 20 V 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - COMPLETED BPERATIONS Ude endorsement modilles Insurance provided under the fdlowfn0: DOMMERCIAL GENERAL LIABILITY COVERAGE PART SCHBDIRE Hama Of Ad liar's' bmured Psnon(sa Any owner, Iesaute or coMraotor whh whom you hew aOraed, 1n a written oontrW that such pen= t.aoafbn And RgpMft of Any and all of your Completed operations. or afgankaWn should be added as an additional Insured on your pdky. provided such written ocntraot le fully executed prior to an ocourrenoe' In which Covena0s Is sought under this polcy. fntarunation r ulnhd to 00this 80hadule fl not shown above wil be sham in fits Dedamf om eeotlse u — Who Is An Insured is amended to InchKls ae an additional nsured the pww(s) or ownlmdon(s) shown in the schedule, but only with respect to Ilabllty for 'badly fr4tW or Vroperty 9 Ow � In whole or In part by 'your work' destpnated and deeerbed In the Schedule of this endorsement pert for that addtional Insured and Included in me 'products- oo npk fW apandlons hazard'. C0 20i70704 uD 80 PraperM. Inc., 2004 Papa 1 of 7 c Revised: 511/2D20 55575 1816SW899991 2 POLCYNUMBER: 707BWOD162 COIIIIERCIAL GENERALLNBILITY C132404 06 00 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modfi as insurerm provided under fhe foiiowiro. COMMERCIAL GENERAL LIAR LITY COVERAGE PART PRODUCTSiCOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Paso Or Cugankidionr Any person or argenWon wtthh whom you haw weed. In a wrtbn comad to wakes the transfer Of rights of recovery egairm ofwa to us, provided such written waiver to frrly executed prior to an'ommince" In which oavarage is sought under this pCdoy, fnfarmaiWrequired tow letelhisSohsdute if not showneb Wit bedno>«mindie DedsratlDrts. The foitawl Ea added to Paiwiph & Tr-- I r Of e Rights Of Moovy Aaabrst Oftra To Us of Sedkm W -- Condk ms: live wafva any rigK of recovery we may have agalnsl the person or orgernlration shown in the SohmLis above bwAme of payments we make far injury or dama'your Grist own underoW of arm with tha tpgra on iaras a or orgy tion and induded h the 'prod loucls- Completed operations hazard'. This waiver apples only to the person or crganiza%on shown in the Scheduls above. CO2404 6S 00 O lreuranoeServices Office. Inc., 2008 pop 1 Oil 6 Revised: 5/1/2020 55575 18165\32899991 2 G G THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modNres tgeuranoe Provided under the following: COMMERCIAL GENERAL LOSLITYCOVERAGE PART PRODUCTSMOM PLETED OPERATIONS LIABILITY COVERAGE PART ffOlredWe of Additional hmmvd(eg Arty person or cMsfdz tlon named In on Addhfonal hwed enclorsemad aged to this policy with whom you have agreed. In a writfen oonlrerx, that such person or orgenizaporr should be provided Ptmary and non-oonbibutory coverage, but only when such w ten Contract is fully executed prior to an 'ocoxmW In which coverage Is sought under if fie policy. A. ppParagraph C. of this endorsement repleoes Cotnaneiafst Generalsnallebllfty C mins or n but respect �e d Insured(a) aschedu the nor m ce d1ordea to the B. Paragraph C. of this endorsement mplaoee roph 4. Other Insurance of Sectim IV• t only iwlilti Operation u0mly afforded to the eddldonst inn t0 the tnauerroe above, eoheduled C. Other hwum me Nowmatendinngp other valid and owlectible Ineursnoe "[able to the Insured for a loss we cover under the applicable Caverage Part to which this endorsement is modifying, this houmnce is primary end nonqardAbWory. Nowem this endoraameM 1. Applies only " you are required by contract, agreement or pennft to provide Primary and nan-ontrlw,Nry novemp for the addltionel Insured, provided such w a m contrad, ettroement or Pwmti is fully emoted p� � rren(W In ►�hover ich oape is policy, and 2. 17�ces �BPPb o an+wOaCar►ce01the edal Insured. talclaim. loss or IM111ty All other learn end amdidm of tide Policy remain unchanged. ( 04M 0317 Includes copyrighted materist of Page 1 of 1 ISO Properties. Inc.. wih its permission. 37 Revised: 5/1/2020 55575 18165029999912 G PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION COMMERCIAL AUTO CA 04 49 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following; AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The foWng Is added to the Other Insurance Cord Lion in the Business Auto Coverage Form and the Other Insurance - Primary And Excess hwur- ance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary; This Coverage Form's Covered Autos Liability Cover- age Is primary to and will not teak contribution from any other insurance available to an "Insured' under your poky provided that: 1. Such "insured' Is a Named Insured under such other insurance; and 2. You have agreed in writing In a cc, Ph or agree- ment that this insurance would he primary and would not seek Contribution from any other Insurance available to such "insured'. Copyright. Insurance Services Office, Inc., 2t)16 B. The following is added to the Other Insurance Condi- tion In the Auto Dealers Coverage Form and super- sedes any provision to the contrary: This Coverage Form's Covered Autos L oUlty Cover- age and General Liability Coverages we primary to and will not seek contribution from any other Insur- ance available to an 'insured' under your policy pn} vided that: 1. Such 'insured" Is a Named Insured under such other Insurance; and 2. You have agreed in writing In a contract or agree- ment that this Insurance would be primary and would not seek contribution from any other Insur- anos avaiable to such'insured'. rneoaaa's COPY CA 04 49 1116 Page 1 of 1 39 Revised 5/1/2020 55575.18165\32899991 2 c ElitePacb Commercial Automobile Extension COMMERCIAL AUTO CA 7818 1117 S.C"EQULE OF COVERAGE D S OF INSURANCE This ElitePec Schedule Is a summary of additional coverages, coverage modiftations and comesponding Limits of Insurance that supplements the Business Auto Coverage form. No coverage is provided by this summary. Refer to the actual endorsement for changes affecting your insurance protection. DESCRIPTION AMENDMENTS TO SECTION II - LIABILITY COVERAGE Newly Acquired Or Formed Organizations Coverage Extension Limited Liability Companies Coverage Extension Employees As Insureds Coverage Extension Blanket Additional Insureds Coverage Extension Expenses For Bail Bonds And Loss Of Earnings Bail Bonds $3,000 Per'Aockfanr Loss Of Earnings $1,000 Par Day Employee Indemnification and Employers Liability Amendment Coverage Extension Fellow Employee Coverage Coverage Extension Care, Custody Or Control Amendment $1.000 per "Accident'; $500 Deductible Per 'Aockdsnt' AMENDMENTS TO SECTION III - PHYSICAL DAMAGE COVERAGE Towing And Labor Coverage Extension Private PasaengerAuto, Social Service Van or Bus, Light Truck Medium, Heavy and Extra Heavy Trucks $75 Per Tow $150 Per Tow Glass Breakage Deductible Coverage Extension Additional Transportation Expenses $01) per day up to a maximum of $1,800 Hired Auto Physical Damage Coverage $76,000 per'low Hired Auto Loss of Use Coverage $760 Per'Aocidenr Aura LoenA ease Gap Coverage (Not Available In New York) Coverage Extension Personal Effects $500 Per'Aack*d" AIHM Coverage Coverage Extenslon Expanded Audio, Visual, And Dab Electronia Equipment Coverage Coverage Extension Comprehensive Deductible - Location Tracking Device Coverage Extension Physical Damage U" Of insurance Coverage Extension Copyright, 2017 Selocllve Insurance Company of AmerIcL All nights reserved CA 781611 17 Includes copyrighted material of Insurance Services Ofltce, Inc, with Its Permission Page 1 of 2 =ZMED' a COPY 39 Revised: 5l112020 55575.18165132899991.2 C G DESCRIPTION AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS Duties In The Errant Of Accident Claim. Suit Or boss Coverage Extension Warver of Subrogation Coverage Extension Multiple Deductibles Coverage Extension Concealment, Misrepresentation Or Fraud gape Fader>:lon Policy Period, Coverage Terrftory Two Or Mors` Coverage Forms Or Policies Issued By Us - Deductibles Coverage Extension Coverage Extension AMENDMENTS TO SECTION V - DERNMONS Bodily Injury Including Mental Anguish (Not Applicable In New York) Broadened Definition Coverage Territory Broadened Definition CopyrlgK 2017 Selective Insurance Company of America. Ai rights reserved. CA 781611 17 Includes copyrighted material of insurance Services Office, Inc.. with Its permission. Page 2 of 2 saaessaIa corn q ri Revised: 611=20 55575 18165WS99991.2 ElitePac• Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 1117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to caverap Provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION 11 - LIABILITY COVER- AGE A. if this policy provides Auto Liabilty coverage for Owned Autos, the following extensions are appkkke- ble accordingly: NEWLY ACQUIRED OR FORMED ORGANLZA TIONS The following is added to SECTION II, A.I. - Who Is An Insured: Any organizaton you newly acquire or form, other than a Partnership. joint venture or limited liability =nPffi1Y over which you maintain ownership or majority Interest, will qualify, as a Named Insured If there is no similar Insurance available to that organl- zation. However. 1. CovenVeunder this provision Is afforded only until the I Oft day after you acquire or form the organization or the end of the policy period, whichever Is earlier; 2. Coverage does not apply to 'bodily injury' or 'party damage- resullmg from an 'accident" that occurred before you acquired or formed the organization NO person or organization is an 'insured' with re- sPW tot conduct oaany current or past partner- Ilityy company that Is s shown as a Named Insured In the Declarations. EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION 11, A.2.a. - SuPPbmnt&V Psyrrrarrta are deleted In their entirety and reigooed with the following: (2) Up to the Limit of Insurance shown on the ElkePec Schedule for the cost of bell bonds (In- cluding bonds for related traffic taw violations) required because of an 'accident' covered under this policy We do not have to furnish these bonds, (4) Ali reasonable expenses Incurred by the Insured" at our request. This includes actual loss of earnings because of time off from work - which we will pay up to the Limit of Insurance shown on the EfksPac Schedule. EMPLOYEE INDEMNIFICATION AND 13MPLOY. EWS LIABILITY AMENDMENT The following Is added to SECTION 11, E.4. - Excfusions: This exclusion does not apply to a 'volunteer work. er" who Is not entitled to workers compensation, diesbifity or unampk*nent compensation benefits. FELLOW 9MPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION t, E.S. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION t, B.B. - Excluslonr. This exclusion does not apply to Property owned by anyone other than an 'insured', subject to the follow- Ing: 1. The most we will pay under eft exception for any oae'accident Is the LW of Insurance stet - ad In the EA&Pae Schedule; and 2. A per 'oocid*W deductible as stated in the ElkeP*c Schedule applies to this axception. B. If this policy provides Auto Liability coverage for Owned Autos or Non -Owned Autos, the following extension is applicable accordingly LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.I. - Who Is An Insured: If you are a limited liability Company, your members and managers are' nsureds- while using a covered 'auto' you don't own, hire or borrow during the course of their duties for you. BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION II, A.I. - Who Is An Insured: Copyright, 2017 Selec:tirm Insurance Company of America. Al. rights reserved CA 78 09 1117 Includes copyrighted material of Insurance Services Oft&, Inc, with its permission. Page 1 of Ili issaam-a corhr 41 55575 19165132899991.2 Revised 6/1/2020 Ally person or organf tit whom you have agreed In a written contract, written agreemera or written permit that such person or organization be added as an additional 'Insured' on your policy. Such person or organisation is an additional 'Insured only with respect to liability for "bodily injury' or 'property damage' caused. in whole or in part, by your owner. ship, maintenance or use of a covered 'a lo'. This coverage shall be primary and non-contributory with reaped to the additional 'insured'. This provision only applies It 1. It is required In the written contract, written agreement or written permit identified in this sec- tion; 2. It is permitted by law; and 3. The written contrad or written agree, ont has been executed (executed means signed by a named insured) or written permit Issued prior to the'bodily Injury or 'property damage'. C. H this policy provides Aatc Liability coverage for Non - Owned Autos. the following extension Is applicable a=ordingV. EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non -Owned Autos, the following Is added to SECTION 11, A.I. - Who Is An Insured: Any 'employee of yours Is an 'insured' while using a covered 'auto' you don't own, hire or borrow in your business or your personal affairs. An 'employee' of yours is an 'Insured' while operat- Ing an 'auto' hired or rented under a contract or agreement in that 'employees' name with your per- mission, while performing duties related to the con- duct of your business. AMENDMENTS TO SECTION ill - PHYSICAL DAMAGE COVERAGE If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those -autos' for which Comprehan- shre, Specified Causes of Lose or Collision coverage is purchased: TOWING AND LABOR SECTION III, A.2. - Towing E deleted in its entirety aril replaced with the fo'lowing: We will pay all reasonable towing and labor Costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time 8 covered 'Private Passen- ger Auto, 'Social Service Van or Bus' or'Llght Truck' 15 disabled and up to the maximum Limit of Insurance per torn each time a covered'Medium Truck", 'Heavy Truck` or'Extre Heavy Tnuck' Is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This COverage extension does not apply to Emergency Ssrvikxa OFMIZalfons and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III, A.S. - Giese Breakage - Hitting A Bird Or Animal - Failing Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SEC- TION III, AA -a. - Transportation Expenses Is deleted in Its entirely and replaced with the following: We will pay upto the maximum Limit of Insurance shown on the ElftsPoc Schedule for temporary transportation expenses that you incur because of any 'loss' to a cov- ered 'auto'. but only if The covered 'auto' carries the coverages and meets the requiremerds described in 1. or 2. below: 1. We will pay temporary transportation expenses for total theft of a covered "auto'. We will only pay for such mvenass Incurred during the period beginning 24 hours after the theft and ending, regardless d fie poky's expiration, when the covered 'auto' is re- tuned to sae or we pay for its 'loss'. I For ')No' other than total theft of a covered •auto• under Comprehensive or Specified Causes of Loss Coverage, or for any'loss' under Collision Coverage to a covered 'auto" we will only pay for those tem- porary transportation expenses incurred during the policy period beginning 24 hours attar the 'loss' and ending, regardless of the poLys expiration, with the looser of the number of days reasonably required to repair or replace the covered 'auto' or 30 days. Paragraph 2. of this extension does not apply while there are spare or reaeve "autos' available to you for your operations. This coverage extension does not apply to Emergency Services Organizodorns and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE The tang is added to SECTION III, A.4. - Coverage Physical Damage coverage is hereby extended to apply to Physical Damage 'loss' to-auloe leased, hied, rent- ed or borrowed without a driver. We wit provide cover- age equal to the broadest coverage available to any cowed 'a d* shown In the Declarations. But, the mat we will pay for'bss' to each 'auto' under this coverage extension Is the lesser of Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 1117 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 2 of d srrsmrrsa*s Corr 42 Revised: 5/1/2020 55575.18165\32899991.2 1. The Umit of tmwmoe stated in the EthPac l3ctted- u1e; or 2. The actual Cash value of the damaged or stolen property as of the time of the'ices'; or & The actual post of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. A part is of Ike kind and quality when it is of equal or better condition than the pre - accident part We will use the original equipment from the manufacturer when: (a) The operational safety of the vehide might otheMse be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt aflemxrrket or used part have been unsuccessful; or (c) A new original equipment part of Ike kind and quality is available and will result in the lowest overall repair cast. For each based, hired, ranted or borrowed "Bubo' our obligation to pey'loaaes' wIi be reduced by a deductible equal to the highest deductible applicable to any owned auto" for that coverage, No deduetlele will be applied to 'Imes' caused by fire or lightning. SECTION W. B.S. Other Insurance Condition, Pars - graph S.b. Is deleted in its entirety and replaced by the fionowing: For Hired Auto Physical Damage Coverage, the folkrw- Ing are deemed to be covered 'autos" you own: i. Arty covered "auto' you lease, hire, rent or borrow; and 2. Any covered "auto' hired or rented by your 'em- ployee under a contrail or agreement In that "employee's' name, with your permission, while performing duties related to the conduct of your business. However, any 'auto" that is leased, hired. rented or borrowed whh a driver is not a covered 'auto'. This ramage extension does not apply to Emergency Services Organizations and Governmental Entities. NRED AUTO LOSS OF USE COVERAGE The Wowing is added to SECTION III, AA, - Coverage Extenshms: We will pay expenses for which you are legally responial- ble to pay up toy a Limit of Insurance shown on the Schedule per 'socident' for loss of use of a based, hbed, rented or borrowed auto' It it results from an "accident'. This coverage extension does not apply to Emergency Services Organizations, Governmental Entitles, and Schools. AUTO LOANILEASE GAP COVERAGE (Not Applica• ble In New York) The fallowing b added to SECTION Ili, A.L. - Coverage Extensions: In the event of a total "loss' to a covered "auto' we until pay any unpaid amount due on to lease or loan for a covered "auto', less: 1. The amount paid under the Physical Damage Cover. age Section of the policy; and 2. Any: a. Overdue Mae/ban payments at the time of .Iow. b. Financial penalties Imposed under a lease for excessive use. abnormal wear and tsar, high mileage or similar charges; c. Security deposits not refunded by the lessor or finandal institution; d. Costs for extended warranties, crodl Ifs, health, acckWd, or disability Insurance purchased with the loan or lease; and e. Carry-0ver balsnces from previous leases or loans. You are responsible for the dedueWle applicable to the 'loan' for the covered 'auto'. PERSONAL EFFECTS The following Is added to SECTION III, AA - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered "auto' you own and that covered "auto' is stolen, we will pay up to the Limit of Insurance shown on the EIMPac Schedule, without application of a daductl- W. for lost pa veal effects that were in the covered "auto' at the time of t A. Peracnal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible Insurance. AIRBAG COVERAGE The following Is added to SECTION II, 1L3.a. - Exclu- slons: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELEC- TRONIC EQUIPMENT COVERAGE SECTION III, &C - Exclusions This exclusion does not apply to the following: 1. Global positioniM systems; 2. 'Tebroatlo devioW, or S, Elaetrwlc equlpman that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: Copyright, 2017 Selective insurance Company of America. Al rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. nrsoxaeIa Cosy CA 78 09 1117 Page 3 of d 43 Revised: 511I2020 55575.18165132899991.2 A. Permanently installed in or upon the covered 'auto` at the time of the 'loss; b. Removable from a housing unit that is perma. ner ty installed in the covered 'auto' at ihs time of the'loe; c. Designed to be solely operated by use of power from the "auWs" electrical system; or d. Designed to be used solely In or upon the coversd'auto'. For each covered loss' to such equipment, a deductible of $50 shall apply. unless the deductible otherwise appli- cable to such equipment is less than $50. at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRACIONG DEVICE The following Is added to SECTION 01, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any 'loss' caused by theft tf the covered 'auto" is equipped with a location tracking device and that device was the sole method used to recover the'auto'. PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION III, C. - Llmht Of Insurance Is deleted In Its entirety and replaced with the following: The most we will pay for a 'loss' In any one `accident' is the lesser of. 1. The actual cash value of the damaged or stolen property as of the time of the "lose; or I The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage wdenalon does not apply to Emergency Services Organizations and Governmental EnWas, AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following Is added to SECTION W. A2-a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for deporting 'accident' claim, 'suit' or 'loss' information to us, Including provisions related to the subsequaM investigation of such 'acei- denr, claim, 'suir or "loss' do not apply until the 'accident', claim, 'suit or 3ose Is known to: 1. You, if you are an lndMdual; Z A partner, 0 you are a partnership; 3. An executive oftA:er or Insurance manager, if you are a corporation, 4. Your members, managers or insurance manager, if you are a limbed liability company. & Your eRXW or appointed of Adele. trustees, boand members or your Insurance manager, if you are an organization other than a partnership, joint venture or limited iablftiy company. But, this section does not amend the provisions ratating to notification of police or protection or exeminstion of the property that was subject to the 'loss'. WAIVER OF SUBROGATION SECTION IV, A.& - Transfer Of Rights Of Recovery Against Others To Us is deleted in As entirety and replaced with Me following: We wahre any right of recovery we may have against any person or organization because of payments we make for 'bodily injury' or 'property damage• resulting from the ownership, maintenance or use of a covered 'auto' but only when you have assumed liability for such 'fly Injury" or 'Property damage" In an 'insured con- tracr. In all other circumstances, If a person or organiza- tion W or for whom we make payment under this Cover. age Form has rtgMs to recover damages from another. those rights are trenafsned to us. MULTIPLE DEDUCTIBLES The following Is added to SECTION IV, A. . Loss Conditlons: If a'bee from one evOM Involves two or more caverad 'autos" and coverage under Comprehensive or Specified Causes of Loss apprkm only the highest applicable deductible will be applied. CONCEALMENT, M11SREPRESENTATION OR FRAUD The following Is added to SECTION IV, B.R - Conceal. MOM Misrepresentation Or Fraud: If you should unlrtentionally fail to diecloae any Wd ting hazards in your representations to us prior to the incep- tion date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coveregs Form based upon such tenure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Policy Period, Coverage Territory Is deleted in its entirety and replaced with the following. Under this Coverage Form, we cover 'accidents' and 'losses' occurring: a. DurkV the policy period shown in the Declarations; and b. Within the 'Coverage Tarrltory', Copyright, 2017 Selective insurance Company of America All rights reserved. CA 78 0811 17 Includes copyrighted material of Insurance Services Oftres. Inc., with hs permission. Page 4 of S IlreDaaD'a COPY 44 Revised: 5/1/2020 55575.18165W899991 2 We also cover 'loss' to or 'accidents' Involving a cov- ered 'auto' while being transported balween any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following Is added to SECTION IV, B.B. - Two Or More Coverage Forms Or Policies Issued By Us: If a 'loss` cowered under this Coverage Form also In. vows s'losa` to other property resulting from the same aaddern' that Is covered under this policy or another policy towed by us or any member company of ours, only the highest applicable deductible will be applied AMENDMENTS TO SECTION V - DEFINITION8 BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable IR New York) The definition of bodily injury is denoted in Ib entirety and replaced by the following: 'Bodily injury' means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. 'Bodily Injuy' Includes mental anguish resulting from bodily injury, sickness or disease sus- tained by a parson. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY 'Coverage Territory` means: I. The United States of America (including its territories and possessions), Canada and Puerto Rico, and 2. Anywhere in the world, exoapt for any country or jurisdiction that is subject to trade or other economic; sanction or embargo by the United States of America, If a covered 'auto' Is leased, hired, rented, or borrowed without a driver for a period of 80 days or loss, and the Insured's responsibility to pay'dam- ages' is determined in a 'suiC on the merits In and under the substantive law of the United Staf of America (Including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the'Insured' in a `suW brought In a location described in Paragraph 2. above, the Insured will conduct a defense of that bull'. We will reimburse the 'insured' for the ma- sonable and necessary expenses Irncurred for the de- fense of any such 'suit' seeking damages to which this insurance applies, and that we would he" paid had we been able to exercise our right and duty to defend. EXTRA HEAV1f TRUCK 'Extra Heavy Truck' means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK 'Heavy Truck means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK 'Light Truck' means a truck with a gross vehicle weight rating of 10,000 pounds or leas. MEDIUM TRUCK Medium Truk' means a duck with a gross vehicle weight rating d 10,001 pounds to 20,000 pounds PRIVATE PASSENGER AUTO 'Private Passenger Auto" means a fourxrheel 'auto' of the private pimmgor or station wagon type. A pickup. panel truck or van not used for business is Inc'uded within the definition of a 'private passenger auto'. SOCIAL SERVICE VAN OR BUS 'Social Service Van or Bus' means a van or bus used by a government ertity, civic, cha►kable or social service organtradon to provide transportation to clients inci- dental to the social services sponsored by the orgenuw lion, including epeaal trips and outings. TELEMATIC DEVICE 'Tetematia Device Includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance This in- cludes Global Positioning System tedenokngy, wireless safety communications and a rlomak driving assistance systems, all Intogrded with computers and mobile com- munk;atlons technology in automotive navigation sys- tem. VOLUNTEER WORKER "Volunteer wo*er' means a person who performs busi- ness duties for you, for no financlal or other compensa- tion. Copyright, 2017 Selective Insurance Company of America. AN rights reserved. Includes copyrighted material of Inwrence Services Offk;s, Inc., with its permission. xaseam ' s con CA 78 09 1117 Page 6 of a } Revised: 5/1/2020 55575. l81 G5132899991.2 tr.m: kamantx To: c m.i m Cc: 5=LEQbolt 1116jact RE: New Vaedor Rqurn ants Dab: Wednesday, Sep6an w29, 2MI 3-00:37 FM Ateatlmnntis0111nnu91 Boa imtoQft%vm NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CUCKcn links or open atta(lsrrlatlta unless you are sure the content is safe. Craig, If we can get evidence of Kirila's auto insurance, I would be OK with that. Jaftrry gal1himw Partner Jeff. balling"bbiclaw.com T: (619) 525-1343 C. (9091 528-9400 . t5tb0CL.b951anLGs�, : - From: Craig Hayes <Craig.Hayes@bbklaw.com> Sent Wednesday, September 29, 20212.54 PM To: Jeff Ballinger <Jeff.Ballinger@bbklaw.com> Cc:'Stacl Kolbeck<Staci.Kol beck@ palmsp n ngsca.gov> Subject FW: New Vendor Requirements Jeff, As the rak manager. do you have any thoughts on the below regarding automobile insurance? From the vendors (139FIre) email, "139Fire does not have any automobile and technically the employees coming are Independent contractors and employees leased from Kinla Fire. I can provide you Kirila Auto coverage but 139 fire does not have any. - Thank you. PLEASE NOTE IMPORTANT INFORMATION BELOW FOR SHIPPING PACKAGES Pkasa cotgaet or for attermtlre shtpptn` address, thank -- Craig FtR Associate crisIxhoveigilbblidawAcm T:1750) 837-1612 C:1619) 838-7973 From: Staci Kolbeck <$tac _Kci Ibe rk M pal msn J n ¢s ra. Row> Seat: Wednesday, September 29, 2021 12-02 PM To: Craig Hayes <CjWjjx4 , 1hhk12wmm_> Subject FW: New Vendor Requirements Hi Craig., I need help with their insurance Q See yellow highlighted below anJ the attached Kind regards, 46 Revised 5I1112020 55575-18165132899991.2 EXHIBIT "D" CONTRACTOR'S PUBLIC INTEGRITY NOTICE 47 Revised: 5/1/2020 55575 18165W899991.2 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 139 Flre LLC 2. Address of Entity (Principle Place of Business) qg Revised: 5l712020 55575.1 S 165\32999991.2 49 Revised: 5/1/2020 55575.18165X32999991 2 EXHIBIT "E" CONTRACTOR'S CONFLICT OF INTEREST STATEMENT 50 Revised: 5/112020 55575.18165W09991.2 G G.- CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Coniiiet 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. Covonat 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 ( Le., 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 WWI. 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 CONTRACtOINVENDOR: 239 Fire LLC NAME and TITLE of Authorized Representative: (Print) T. Jerry IOrila Signature and Date of thorized nta ive: (Sign) // (Date) 2021.1045 Revised: wi 2o2o