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A6707 - OTIS ELEVATOR COMPANY
0005146 SP 0317 -001-P0514B-1 City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 0317-01-00-000514&M .0010891 AC(:>Ra CERTIFICATE OF LIABILITY INSURANCE DATE LMM/OO/YYYY) I V012024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT MARSH USA, LLC, NAME: 20 CHURCH STREET, BTH FLOOR RECEIVED PM FAX HARTFORD, CT 06103 E-MAIL - -- ADORFss: Otis .CertR estWmarsh.com NUV 13 2024 INSURED OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY OFFICE OF THE CITY ONE CARRIER PLACE FARMINGTON, CT 06032 COVERAGES CERTIFICATE NUMBER: NYC-mns68012-11 REVISION NIIMRFR• , 19445 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTP TYPE OF L UB POLICY NUMBER POLICY EFF POLICY EXP I LIMITS A X COMMERCIAL GENERAL LIAeIUTY CLAIMS -MADE lxl OCCUR 016915832 32,000,000 General Aggregate" 12/0112024 1210112025 EACH OCCURRENCE $ 1,000,000 DAMAGE TOTIrlqTFr)7 PREMISES ffia rt $ 30000 MED EXP(Any ono person) $ 10,000 „Per Project l Location" PERSONAL&ADV INJURY $ 1A00,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X ]PEO LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2.000,ODO $ OTHER: A AVTOMOBILEUABILITY 016915830(ADS) 12JO112024 12101/2025 COMBINED SINGLE LIMIT Ee ccdent $ 1,000,000 R ANY AUTO 016915831(MA) 12/0112024 12/0112025 BODILY INJURY(Per Perspq) $ OWNED SCHEDULEDBODILY AUTOS ONLY AUTOS JX INJURY (Peremltlerd) $ PROPERTY DAMAGE Per Itl HIRED X NOWOWNED AUTOS ONLY AUTOS ONLY $ $ A X j UMBRELLA UAB X OCCUR 016933392 12/01/2024 12/0112025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,01wwo E%CESS LIAB CLAIMS -MADE OED RETENTION$ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNEPJEUECUTIVE Y/N OFFICEWMEMBER EXCLUDED? El (Menclawy in NH) N/A 016933391 (ADS) 016933394(CA) 016933393(WI) 1210112024 1210112024 12t0112024 12/01/2025 17/01/2025 1210112025 X I STATUTE I I 'ET' E.L. EACH ACCIDENT $ 1,000,p0(I E.L. DISEASE - EA EMPLOYE $ 1,000,000 a yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 A Owners&Contractors Protective 016915834 12/01/2024 1210112025 OCC 2,000,000 ,7 AGG 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may De attached if more space Is requlred) This ceniflrate only applies to SD 05091 Palm Springs Parking Structure, 275 S. Indian Carryon Dr., Palm Springs, CA City of Palm Springs, California is named insured on the OCP and the insurance policies Include a waiver of subrogation, bah to the extent required by contract with OTIS ELEVATOR COMPANY. CERTIFICATE HOLDER CANCFI I ATlnIM City of Palm Springs 3200 Tafqurtz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �t%am.E zrs�a �sG (91988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103059650 LOC a: Hartford A` II ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, LLC. OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY ONE CARRIER PLACE POLICY NUMBER FARMINGTON, CT 06032 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DVB-06344 Palm Springs Police Department, 200 South Civic Drive, Palm Springs. CA The City of Palm Springs, its officials, employees, agents and volunteers fare additional insured (except Workers Compensation) to the extent agreed under when contract. Insurance, wren applicable to an additional insured and when speared in a written agreement among the panes, applies on a primary basis with he contribution by the additional insured. Policies provide for wither of subrogation to me extort agreed under written contract. Regarding mice of cancellation to certificate holder(s), endorsement IH 0313 0611 (copies attached) applies to auto and general liability policies. Notice of cancellation eMorsemem for the workerscompensation policies is attached WC 9900 45. DVB-06344 RECEIVED NOV 13 2024 OFFICE OF THE CITY CLERK ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights I The ACORD name and logo are registered marks of ACORD 0317-01-00-0005146-0002-0010892 POLICY NUMBER: 016-915-830 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: OTIS WORLDWIDE, CORPORATION Endorsement Effective Date: 12/01/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED, IN WRITTEN CONTRACT, WILL BE ENTITLED TO THIS -WAIVER OF OUR RIGHTS OF RECOVERY. The Transfer Of Rights Of Recovery Against Others To Us condition- does not apply to the person(sj or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization_ CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page i of This endorsement, effective 12:01 AM 12/01/2024 RECEIVED forms a part of Policy No. WC 016933394 NUv 13 2024 Issued to OTIS WORLDWIDE CORPORATION F!CE OF THE CITY CLERK By A I U INSURANCE COMPANY Schedule (continued) Person or Organization Job Description MCCARTHY BUILDING COMPANIES, INC. KAISER WOODLAND 1341 N. ROCK HILL ROAD HILLS INFRASTRUCTURE ST. LOUIS, MO 63124 AND OPERATIONAL IMPROVEMENTS - PROJECT #: 707670-108 PROJECT LOCATION: 5601 DE SOTO AVE., WOODLAND HILLS, CA 91367 PER CONTRACT WITH PACIDIC COAS ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES APPLIES TO S-169538, SIA-2978A. MCCARTHY BUILDING COMPANIES, INC. PROJECT: 1341 N. ROCK HILL ROAD CSULA STUDENT ST. LOUIS, MO 63124 STUDENT HOUSING EAST, 5151 STATE UNIVERSITY DRIVE LOS ANGELES, CA 90032 PROJECT -CONTRACT #7717-065R MCCARTHY BUILDING COMPANIES, INC. PROJECT: 1341 N. ROCK HILL ROAD CANADA COLLEGE MATH & ST. LOUIS, MO 63124 SCIENCES BUILDING, 4200 FARM HILL BLVD. REDWOOD CITY, CA 94061 PROJECT # 006287.000 ANY CONTRACT OR AGREEMENT ENTERED INTO PRIOR TO THE OCCURRENCE OF LOSS. COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF LOS ANGELES AND HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES. CONTINUED NEXT PAGE WC 04 03 06CONT (Ed. 0"4) 0317-01 00-0005146-0003-0010893 y Marsh Dear Certificate Holder: To streamline,certificate.delivery for`our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: — Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) —.E-Mail for future delivery For your convenience,, If we do not receive your response, we will conclude that you no longer require proof -of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC A business of Marsh. McLennan 0005146 SP 0317 -001-P0514B-1 City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 0317-01-00-000514&M .0010891 AC(:>Ra CERTIFICATE OF LIABILITY INSURANCE DATE LMM/OO/YYYY) I V012024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT MARSH USA, LLC, NAME: 20 CHURCH STREET, BTH FLOOR RECEIVED PM FAX HARTFORD, CT 06103 E-MAIL - -- ADORFss: Otis .CertR estWmarsh.com NUV 13 2024 INSURED OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY OFFICE OF THE CITY ONE CARRIER PLACE FARMINGTON, CT 06032 COVERAGES CERTIFICATE NUMBER: NYC-mns68012-11 REVISION NIIMRFR• , 19445 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTP TYPE OF L UB POLICY NUMBER POLICY EFF POLICY EXP I LIMITS A X COMMERCIAL GENERAL LIAeIUTY CLAIMS -MADE lxl OCCUR 016915832 32,000,000 General Aggregate" 12/0112024 1210112025 EACH OCCURRENCE $ 1,000,000 DAMAGE TOTIrlqTFr)7 PREMISES ffia rt $ 30000 MED EXP(Any ono person) $ 10,000 „Per Project l Location" PERSONAL&ADV INJURY $ 1A00,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X ]PEO LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGO $ 2.000,ODO $ OTHER: A AVTOMOBILEUABILITY 016915830(ADS) 12JO112024 12101/2025 COMBINED SINGLE LIMIT Ee ccdent $ 1,000,000 R ANY AUTO 016915831(MA) 12/0112024 12/0112025 BODILY INJURY(Per Perspq) $ OWNED SCHEDULEDBODILY AUTOS ONLY AUTOS JX INJURY (Peremltlerd) $ PROPERTY DAMAGE Per Itl HIRED X NOWOWNED AUTOS ONLY AUTOS ONLY $ $ A X j UMBRELLA UAB X OCCUR 016933392 12/01/2024 12/0112025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,01wwo E%CESS LIAB CLAIMS -MADE OED RETENTION$ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNEPJEUECUTIVE Y/N OFFICEWMEMBER EXCLUDED? El (Menclawy in NH) N/A 016933391 (ADS) 016933394(CA) 016933393(WI) 1210112024 1210112024 12t0112024 12/01/2025 17/01/2025 1210112025 X I STATUTE I I 'ET' E.L. EACH ACCIDENT $ 1,000,p0(I E.L. DISEASE - EA EMPLOYE $ 1,000,000 a yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 A Owners&Contractors Protective 016915834 12/01/2024 1210112025 OCC 2,000,000 ,7 AGG 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may De attached if more space Is requlred) This ceniflrate only applies to SD 05091 Palm Springs Parking Structure, 275 S. Indian Carryon Dr., Palm Springs, CA City of Palm Springs, California is named insured on the OCP and the insurance policies Include a waiver of subrogation, bah to the extent required by contract with OTIS ELEVATOR COMPANY. CERTIFICATE HOLDER CANCFI I ATlnIM City of Palm Springs 3200 Tafqurtz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �t%am.E zrs�a �sG (91988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103059650 LOC a: Hartford A` II ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, LLC. OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY ONE CARRIER PLACE POLICY NUMBER FARMINGTON, CT 06032 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DVB-06344 Palm Springs Police Department, 200 South Civic Drive, Palm Springs. CA The City of Palm Springs, its officials, employees, agents and volunteers fare additional insured (except Workers Compensation) to the extent agreed under when contract. Insurance, wren applicable to an additional insured and when speared in a written agreement among the panes, applies on a primary basis with he contribution by the additional insured. Policies provide for wither of subrogation to me extort agreed under written contract. Regarding mice of cancellation to certificate holder(s), endorsement IH 0313 0611 (copies attached) applies to auto and general liability policies. Notice of cancellation eMorsemem for the workerscompensation policies is attached WC 9900 45. DVB-06344 RECEIVED NOV 13 2024 OFFICE OF THE CITY CLERK ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights I The ACORD name and logo are registered marks of ACORD 0317-01-00-0005146-0002-0010892 POLICY NUMBER: 016-915-830 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: OTIS WORLDWIDE, CORPORATION Endorsement Effective Date: 12/01/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED, IN WRITTEN CONTRACT, WILL BE ENTITLED TO THIS -WAIVER OF OUR RIGHTS OF RECOVERY. The Transfer Of Rights Of Recovery Against Others To Us condition- does not apply to the person(sj or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization_ CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page i of This endorsement, effective 12:01 AM 12/01/2024 RECEIVED forms a part of Policy No. WC 016933394 NUv 13 2024 Issued to OTIS WORLDWIDE CORPORATION F!CE OF THE CITY CLERK By A I U INSURANCE COMPANY Schedule (continued) Person or Organization Job Description MCCARTHY BUILDING COMPANIES, INC. KAISER WOODLAND 1341 N. ROCK HILL ROAD HILLS INFRASTRUCTURE ST. LOUIS, MO 63124 AND OPERATIONAL IMPROVEMENTS - PROJECT #: 707670-108 PROJECT LOCATION: 5601 DE SOTO AVE., WOODLAND HILLS, CA 91367 PER CONTRACT WITH PACIDIC COAS ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES APPLIES TO S-169538, SIA-2978A. MCCARTHY BUILDING COMPANIES, INC. PROJECT: 1341 N. ROCK HILL ROAD CSULA STUDENT ST. LOUIS, MO 63124 STUDENT HOUSING EAST, 5151 STATE UNIVERSITY DRIVE LOS ANGELES, CA 90032 PROJECT -CONTRACT #7717-065R MCCARTHY BUILDING COMPANIES, INC. PROJECT: 1341 N. ROCK HILL ROAD CANADA COLLEGE MATH & ST. LOUIS, MO 63124 SCIENCES BUILDING, 4200 FARM HILL BLVD. REDWOOD CITY, CA 94061 PROJECT # 006287.000 ANY CONTRACT OR AGREEMENT ENTERED INTO PRIOR TO THE OCCURRENCE OF LOSS. COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF LOS ANGELES AND HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES. CONTINUED NEXT PAGE WC 04 03 06CONT (Ed. 0"4) 0317-01 00-0005146-0003-0010893 y Marsh Dear Certificate Holder: To streamline,certificate.delivery for`our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: — Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) —.E-Mail for future delivery For your convenience,, If we do not receive your response, we will conclude that you no longer require proof -of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC A business of Marsh. McLennan 0004726 SP 0317 City of Palm Springs Attn: City Clerk P O Box 2743 Palm Springs, CA 92262 -001-Po47284 0317-01-00-0004726-0001-DM9669 iY`uf r'r�, ACORO® CERTIFICATE OF LIABILITY INSURANCE DATEVYYYY) `� 1110112024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, LLC CONTACT NAME: _ _ 20 CHURCH STREET, I TH FLOOR PHONE FAX No - HARTFORD, CT 06103 E-MAIL ADDRESS: Olis.Cer @rnarsh.corn RECEIVED INSURE 8 AFFORDING COVERAGE NAIC• INSURER A: National UnionFite Insurance Co. Of PIMM PA 19445 CN I 03059650-Otis-STAND-24-25 INSURED OTIS WORLDWIDE CORPORATION NUV 13 2024 INSURER B: AJU Insurance Go 19399 INSURER C : OTIS ELEVATOR COMPANY INSURER DFTON, OANREMCARRIEER PLACCE032 "� ICE OF THE CITY CLERK CT: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: NYC 010451399-09 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R TYPE OF INSURANCE INAD- WOOL Veto U POLICYNUMBEfl POLICY OFF POLICYpNpW EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 016915832 12/0112024 12101/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR -$2,000,000 General Aggregate' DAMAGETOREPREMISES N Once $ 300,001) MED I Any one Person) $ 10,ODD '"Pa Project 1 I-Malm'.1 PERSONAL A ADV INJURY $ 1.0MOM GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 PRO- POLICYJLOC PRODUCTS-COMP/OP AGG $ 2.ODD,000 $ OTHER: A AUTOMOWLEUMILHY 016915830(ADS) 12/01/2024 12/01/2025 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY (Per Person) $ B X ANY AUTO 016915931 (MA) 1210112024 12Poi12025 SCHEDULED OWNED ONLYNAUTOS AUTOSHIRED NON -OWNED X AUTOS ONLY AUTOS ONLY BODILY INJURY (Per aaxtlent) S PROPERTYDAMAGE Per $ A X UMBRELLA LIAB X OCCUR 016933392 1210112024 1210112025 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10,000,000 EXCESS LIRE CLAIMS -MADE CEO RETENTIONS $ B B B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANYPROPRIErOWPARTNEWEXECUTNE vIN OFFICERIMEMBEREXCLUOED4 ❑N (Mandatory In NH) NIA 016933391 ( ADS) 016933394(CA) 016933393(WI) 12/0112024 12/0112024 12/0112024 12JO112025 12(0112D25 12101/2025 Tµ X ATUTE ER E.L. EACH ACCIDENT $ 1.ODDODO E.L. DISEASE - EA EMPLOYEE $ 1.0001000 E.L. DISEASE- POLICY LIMIT $ 1 If yes, 0escnbe under DESCRIPTION OF OPERATIONS bsbw DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, A&Imonal Remarks Schedule, may Os attached 11 more speee is requireA) This rertiflcate only applies to DVB-06344 Palm Springs Police Depant ent, 200 South Civic Drive, Palm Springs, CA The Cry of Palm Sprigs, Its officials, employees, agents and vodmteas islafe aedklonal Dsured (except Workers Compensation) to the extent agreed under wrMen contract. Insurance, when applicable to an additional insured and when specified In a wrDen agreement among the parties. applies on a primary basis wph no contribution by the additional insured. Policies provide for waiver of subrogation to the extent agreed under written contract. Regarding notice of cancellation to certificate holder(s), endorsement IH 03 13 0611 (copies attached) applies to auto and general liability policies. DVB 06344 City of Palm Springs Alm: City Clerk P 0 Box 2743 Palm Spri lis, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Vx-1.419 zes.4 r_ed�r T41RR-9n1R ACl7RrifCORPORATION_ All rinhlR reeervarl_ ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 0* Marsh Dear Certificate Holder: To streamline certificate delivery for our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) E-Mail for future delivery For your convenience, If we do not receive your response, we will conclude that you no longer require proof of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC REP NUV�I �32 4 nW :t=E';E OF THE Cl A business of Marsh McLennan 0317-01-00-0o 726-00oa000s 0004689 SP 0317-001-P04691-1 City of Palm Springs Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 0317-01-00.0004688-0001.000 758 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMA)D YYYY �/ 1110112024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA. LLC. CONTACT NAME: PHONE 20 CHURCH STREET, 8TH FLOOR HARTFORD, CT 06103 RECEIVED Maar, OtisCenRequest0marsh.com INSURE S AFFORDING COVERAGE MIMIC INSURER A: National Union Fire r o. Of Ptslaiwh. EA 19445 CN1_03059650.OBsSTAND-24-25 NUV INSURED OTIS ELEVATOR COMPANY IMSURERB: A 19399 OE: DBA AMTECH ELEVATOR SERVICEOFFICE OF THE CITY SURER D: ONE CARRIER PLACE CLER FARMINGTON, CT 06032 _. INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: NYC 010447635-15 REVISION NUMBER: 13 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADUL SU POLICY NUMBER EFF MMIDDNYYY PUWDD E%P MPOLICY LIMITS A X COMMERCIAL GENERAL LIABILITY 016915832 1210112024 12/0112025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X❑ OCCUR "f2,000.000 General Aggregate"' DAMAGE TO RENTED PREMISES occurrence $ 300,000 "Per Project I Location" MED EXP (Any one person) $ 10,000 PERSONAL It ADV INJURY S 1.0D0,000 GI AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY M jERa ❑ LOC PRODUCTS- COMP/OP AGG $ 2,ODD,D00 1$ OTHER: A AUTOMOBILE Lue1Lm 016915830 (ADS) 12I0112024 12N1I2025 MBINE SIN LE LIMIT Ee a dent S 1000000 BODILY INJURY (Per parson) $ B X ANY AUTO 016915831 (MA) IN01/2024 12/0112025 BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Par aCCIdeoll $ E A X UMBRELLA LIAB X OCCUR 016933392 12/0112024 12/0112025 EACH OCCURRENCE E 10,000,000 AGGREGATE $ 10,000,OD0 EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ B 0 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOPIPARTNERIEXECUrIVE OFFICERIVEMBEREXCLUDEDT N (Mandatory in NH) NIA 016933391(ADS) 016933394 (CA) 016933393(WI) 12/0112024 1210112024 12/01/2024 1210112025 12l0112025 12/01/2025 X STAT R EL. EACH ACCIDENT it 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 II ye6 describe urder DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be anaehed H more apse is re ndmi This certificate only applies to DVB-071 B3 Palm Sprigs Airport, 3400 E. TatquitE Canyon Way, Palm Springs. CA City of Palm Springs, its elected officials, officers. employees, agents and volunteers islare additional insured (except Workers Compensation) to the extent agreed udder wrA[en contract. Insurance, when applicable to an additional insured and when specified in a written agreement among the parties, applies on a primary basis with rm contribution by the additional insured. Policies provide for waiver of subrogation to the extent agreed under wMten Contract Regarding notice of cancellation to Certificate hoder(s), endorsement IH 0313 0611 (copies attached) applies to AND and General Lability policies. CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Springs International Airport THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3400 E. Tahquhz Canyon Way, Suite OFC ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE _;!;1 a,i %CSiS-L_e4e, 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN103059650 _ LOC #: Hartford ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED - MARSH USA, LLC. OTIS ELEVATOR COMPANY DBA AMTECH ELEVATOR SERVICES POLICY NUMBER ONE CARRIER PLACE FARMINGTON, CT 06032. CARRIER - NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance CONTINUED FROM DESCRIPTION SECTION: DVM7183 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights I The ACORD name and logo are registered marks of ACORD 0317-01-00-0004689-00W-0009759 POLICY NUMBER: 016-915-830 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: OTIS WORLDWIDE CORPORATION Endorsement Effective Date: 12/01/2024 SCHEDULE Name Of Person(s)'Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT TO NAME AS ADDITIONAL INSURED Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the'extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A:M. 12/01/2024 forms a part of policy No. 01'6-91'5-830 issued to OTIS WORLDWIDE CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than: other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED (1) Subsidiaries and Now Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to Include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 500/6 on the effective date of the Coverage Form. However, the Named Insured -does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a ,policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership orjointventure, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless.you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident' that occurred before you formed or acquired the organization. (2) Employees as Insureds Paragraph A.L - WHO IS AN INSURED -of SECTION II - LIABILITY COVERAGE is amended to add: d: Any 'employee" of yours while using a covered "auto" you don't own, hire or borrow in your business oryour personal affairs. (3) Lessors aslnsureds Paragraph A.1. - WHO.IS AN INSURED -of Section _ II - Liability Coverage is amended to add: e. The lessor ofa covered "auto"while the "auto" is leased to you under a -written agreementif: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased withouta driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. (4) Additional Insured if Required by Contract (1) Paragraph A.1. -WHO IS AN INSURED - of Section II - Liability Coverage Is amended to add: I. When you have agreed, In a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership; maintenance or use of a covered 'auto." Manuscript 0317-01-00-0004689ma3mow60 Page 1 of 3 The insurance afforded to any such addition al insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract,. and (3) Prior to the expiration of the period of time that the written contract requires such Insurance be provided to.the additional insured. (2). How Limits Apply If you have agreed In a written contractor written agreement that another person or organization be added as an additional insured on your policy, ,the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of Insurance specified in the written contract or written agreement: or (b) The Limits of Insurance shown. in the Declarations. Such amount shall be a part of and not In addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cmier-a clalm or "suit" under this Coverage Part that may also be covered by other insurance available to an addition al insured, such addition al Insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed In a written contract or written agreement that this Insurance Is primary and non- contributory wilh'the additional insured's .own Insurance. (4) Dufias In. The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person. 'or organization be added as an additional .Insured on your policy, the additional .Insured shall be required to comply with the provisions in LOSS CO NDITIO NS 2. - DUTIES IN THE EVENT O F AC CID ENT ,.CLAIM , SU IT OR LO SS - OF SECTION IV - .BUSINESS AUTO CONDIT ION'S,*.In'the same manner as the Named Insured. (5) Primary and Non-Contributorylf Requlred,by Contract Only -with respect to insurance provided to an addition at insured in 1:D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This Insurance Is primary if you have agreed .in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will ,share with all that other Insurance by the method described in Other Insurance 5.d. (4) .Primary And Non -Contributory To Other Insurance When Required. By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional Insured's -own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which- the additional insured has been added as an additional insured. When this Insurance is excess, we will have no duty to defend the insured against any "suit" If any other'insurer has a duty to defend the insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, Many, that exceeds the's. um of: (1) The total amounhthatall such other insurance would pay for the loss in the absence of this Insurance;and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the. method described in OtherAnsurance 5.d. 2: AUTOS RENTED BY EMPLOYEES Any " auto" hired or rented'by your " employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Manuscript Page 2 of 3 If an "employee's" personal insurance also applies on an excess basis to a cover ad "auto" hired or rented by your " employee" on your behalf and at your direction,, this insurance will be primary to the " employee's" personal Insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5.. - FELLO W EMPLO YEE . of SECTION II - LIABILITY COVERAGE does not apply IF you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a . - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV -BUSINESS, AUTO CONDITIONS that you must notify, us of an "accident" applies only when the "accident" is known to: (1) You, if you are anindividual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are,a corporation. 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to•disclose any hazards existing at the inception dateof your policy, we will not deny coverage under this Coverage Form because of such failure. 6. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7, - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV.BUSINESS.AUTO CONDITIONS is replaced by the following: e- For short -tens hired "autos", the coverage territory with respect to Liability Coverage is.anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States. of America, Puerto Rico or Canada, or in a settlement we agree to. 7. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily' injury" means bodily jnjury, sickness or disease sustained by any person, including mental anguish or death resulting from anyof these. 8. EXTENDEDCANCELLATION CONDITION. Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Manuscript Page 3 of 3 s 0317-07-00-00046840004.0009781 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/01/2024 forms a part of policy No. 016-915-830 issued to OTIS WORLDWIDE CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company f or nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent -of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon'the Company or its agents or representatives. Manuscript ENDORSEMENT This, endorsement, effective 12:01 A.M. 12/61/2014 forms a part of policy No. 016-91-5832 Issued to OTIS WORLDWIDE CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THISENDORSEMENTCHANGES THE POLICY. PLEASE READ.IT.CAREEULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON 'OR ORGANIZATION. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or . - — ANY PERSON OR ORGANIZATION -WHOM YOU HAVE, THROUGH WRITTEN CONTRACT, AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR ONGOING OPERATIONS (AS PER ISO FORM CG 20 10 07 04 OR ITS EQUIVALENT). Location(s) Of Covered Operations ANY -LOCATIONS -THAT IS COVERED BY, -OR`—` ` -- SUBJECT-TO A WRITTEN CONTRACT- UNDER WHICH AMTECH ELEVATOR -COMPANY HAS AGREED TO PROVIDE THIS INSURANCE 1. Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A Section 11 - Who Is An. Insured Is amended ,to L All work, Including materials, parts or equip - include as an additional insured the.person(s), or ment furnished. in connection with such organization(s) shown in.the Schedule, but only work, 'on the project; lother then service, with, respect to _liability for "bodily injury", melntenance or repairs) to bb.performed by "property damage" or "personal and advertising or` on behalf of the additional Insured(s) at injury" caused, in whole or in part, by: -the location of the -covered operations has L Your acts or omissions; or been=completed; or E The acts or omissions of those acting t That portion of "your work" out of which the on your behalf; Injury or damage arises has been put to Its in the performance of your ongoing operations intended use' by any person or organization other than another contractor or sub - for the additional Insured(s) at the location(s) contractor engaged In performing oper- designated above., . ations for a principal as a part of •the same B. With, respect to the insurance afforded to these project. additional insureds, the" following additional exclusions apply:. This Insurance does not apply to "bodily Injury" or "property damage" occurring after: Authorized Representative o Cauntotj nature fin States Where Applicable] MANUSCRIPT Pape 1 of 0317•01-00-00N689-W05-00ow62 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/01/2024 forms:a part of policy No. 016-91-5832 Issued to OTIS WORLDWIDE CORPORATION by NATIONAL UNION FIRE INSURANCE, COMPANY OF PITTSBURGH, PA., 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 SCHEDULE Name Of Additional Insured Personle) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM AMTECH'ELEVATOR-COMPANY HAS THROUGH WRITTEN, CONTRACT, AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR COMPLETED OPERATIONS (AS PER ISO FORM CG 20 37 07 04 OR ITS EQUIVALENT) Section If - Who Its Ad Insured Is amended to include as an additional'insured the person(s) or organizations) •shown In -the Schedule, but only with. respect to liability for "bodily injury" or property damage" caused, in whole or in part, by "your work" at the location And. Descriom Of Completed ALL LOCATIONS THAT ARE. LISTED IN WRITTEN CONTRACTS OR>AGREEMEN designated and described in.the schedule of this endorsement performed for that additional insured and included in the "products completed operations hazard." ka Authorfz Repreb@nta�ive uo e7natra (m Steles (Nhere MANUSCRIPT. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 12/01/2624 forms a part of policy No, 016-91-5832 Issued to OTIS WORLDWIDE.CORPORATION by NATIONAL UNION FIREINSURANCE'COMPANY OF PITTSBURGH, PA. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE.HOLDER(S) Thla' policy Is aublect to the following additional' conditions: A. If this policy is cancelled by the'Company, other than for nonpayment.of premium, notice of such cancellation will be provided' at least thirty (30) days -In advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. El. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will beprovided within 10 days of the cancellation effective date to the certificate. holder(s) with mailing addresses on file with the agent of record or the Company. If notice Is mailed,, proof of mailing to the last known mailing address of the certificate holders) on file with the agerrt of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) whowere issued a certificate.of insurance .applicable to this policy's term. Failure to provide such notice to the certificate holders) will not ;amend or extend the date the cancellation.becomesoff active, nor will It negate cancellation of the policy. Failure to send notice shall Impose no liability of any kind upon the Company or Its: agents or representatives. Authorized He reaQnta (m SStiveates orWhere Copo=s,gnat= t Manuscript. 0317-01-00-0004689-0006-0009763 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 12701 /2024 forms a part of policy No. 616-91-3832 Issued to OTIS WORLDWIDE CORPORATION by NATIONAL UNION FIRk INSURANCE COMPANY'OF 'PITTSBURGH, PA. THIS ,ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY INSURANC E POLICY A. The amended Other Insurance condition in Paragraph B..below applies only to persons or organizations qualifying additional Insureds under this policy, .subject to all other applicable terms and conditions not modified by this endorsement. As respects any person or organization- qualifying as -a Named Insured under this policy, the Other Insurance condition is not amended and, continues to apply on an excess basis. B. With respect to insurance provided to persons or organizations described in Paragraph A. - -above; the Otheransurance-condition In the Conditions Section Is replaced by -the following: Other Insurance I. Pdmary Otherinsurance If you have agreedin a written contractor written agreement to provide primary insurance 'to the additional insured, then this' insurance will be primary, Additionally; to the extent that you have agreed with an'additional insured .that.this insurance shall apply, on a non- contributory basis,with other Insurance available to theiadditlonal Insured, we, will not seek contribution". from such additional Insured's other Insurance. If other insurance is also primary,we will .share with all' that other insurance by the method described in Paragraph 2% below, 2. Method Of Sharing If all of the other insurance permits contribution by equal shares,; we will follow this method also. Under this approach each insurer contributes equal amounts until, Lt has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other -insurance does not permit contribution by equal shares, we will contribute by limits. Under -this method, each Insurer's "share Is based on the ratio of its applicable limit of Insurance to the total applicable limits of Insurance.off��all Insurers. Authorized Reem it rive of Ccu te[slgnatUre (fn Ma's vllhere aMniuses Fr pp�c le POLICY -NUMBER. 01641$832 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF'TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY UNDERGROUND STORAGE TANK F Of Person(*) Or Organisation(:): kGE PART CART :SIGNATED SITES PART DESIGNATED BILITY COVERAGE P 1GE PART )ESIGNATED TANKS SCHEDULE BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Information required to com lets this Schedule If not shown above will be shown In the Declarattons. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section N — Conditions: ' We waive any right of iecovery egalnst,the person(s) or organizatlon(s) shown in the Schedule above because of payments we make under this Coverage. Part. Such waiver by us applies only to the extent that the. Insured has waived Its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organizations) shown In the Schedule above. CO-24 04 12 10 0317-01-00-ooaases-aNMOM764 Insurance Services Office, Inc., 2018, Page 1 of 1 This endorsement,' effective 12:01 AM 12101/2024 forms a part of Policy No. WC 016933394 _ Issued to OTIS WORLDWIDE. CORPORATION By A LLI INSURANCE COMPANY Schedule (continued) Person or Organization MCCARTHY BUILDING COMPANIES, INC. 1341 N. ROCK HILL ROAD ST. LOUIS,. MO 63124 MCCARTHY BUILDING COMPANIES, INC. 1341 N. ROCK HILL ROAD ST. LOUIS', MO�63124 ' r MCCARTHY BUILDING COMPANIES', INC. 1341 N. ROCK HILL ROAD ST. LOUIS, MO 63124 COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF LOS ANGELES AND HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES. CONTINUED NEXT PAGE Job Description KAISER WOODLAND HILLS INFRASTRUCTURE AND OPERATIONAL IMPROVEMENTS - PROJECT M 707670-108 PROJECT. LOCATION: r5601 DE SOTO AVE., WOODLAND HILLS, CA 91367 PER CONTRACT WITH PACIDIC COAS ELEVATOR CORPORATION DBAAMTECH ELEVATOR SERVICES APPLIES TO S-169538, SIA-2978A. PROJECT: CSULA STUDENT STUDENT HOUSING EAST, 5151 STATE UNIVERSITY DRIVE LOS ANGELES, CA 90032 PROJECT -CONTRACT #7717-065R PROJECT: CANADA COLLEGE MATH $ SCIENCES,BUILDING, *4200 FARWHILL BLVD. REDWOOD CITY, CA 94061 PROJ ECT # 006287.000 ANY CONTRACT OR AGREEMENT ENTERED INTO PRIOR TO THE OCCURRENCE OF LOSS. WC 04 03 06CONT (Ed. 04/84) y Marsh Dear Certificate Holder: To streamline certificate delivery for our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: — Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) — E-Mail for future delivery For your convenience, If we do not receive your response, we will.conclude that you no longer require proof of insurance from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC A business of Marsh McLennan 0317-01-00-0004689-0008-0009765 Egg ICY i CONTRACT SERVICES AGREEMENT OTIS ELEVATOR COMPANY THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on 2019, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Otis Elevator Company, a Elevator Maintenance Management System company, ("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 an Elevator maintenance Management System Preventive Maintenance Program, for 8aristo and Belardo Downtown Parking Garage Elevators, ("Project"). B. Contractor has submitted to City a proposal to provide Elevator maintenance Management System Preventive Maintenance Program, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide Elevator maintenance Management System Preventive Maintenance Program, services to City as described in the Scope of ServicesNVork attached to this Agreement as Exhibit "A" and incorporated by reference the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms_ set forth in this Agreement, the terms set forth in this Agreement shall govern. . . 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. Revised:082918 720599.1 i 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." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor: Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total annual amount of Compensation shall not exceed $15,268.08. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. 'An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such 2 Revised:082918 720599.1 appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit A." Any time period extension must be approved in writing by the Contract Officer. 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 unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for an initial term through June 30, 2020. The term may be extended upon written notice to the Contractor and mutual agreement, for two (2) additional one (1) year terms. " 4.5 Termination Prior to Expiration of Term. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. 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 such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. 3 Revised:082918 720599.1 I 5. COORDINATION OF WORK 5.1 Representative of Contractor.. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Mike Judd, Senior Account 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. 5.1.1 Contractor has requested its insurer to modify its insurance endorsement cancellation provisions to delete any exculpatory wording and wording stating, in effect, that failure of the insurer to mail written notice of cancellation imposes no obligation on insurer. Contractor's insurer has refused to modify such language or guarantee that insured and the City, as additional insured, will be timely notified of any cancellation of Contractor's insurance required under this Agreement; Insurance under Exhibit B 6.3. Therefore, Contractor now agrees that should any insurance policies under this Agreement be cancelled before the expiration date for any reason, Contractor shall immediately notify the City, as named additional insured, of the policy cancellation. Failure of Contractor to immediately notify the City of the cancellation of any required insurance by the issuing company shall be considered a material breach and default of this Agreement and all services.provided by Contractor shall cease until such time as evidence of sufficient and comparable replacement insurance naming the City as an additional insured is provided to the City as a cure. 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. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement, nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be 4 Revised:082918 720599.1 t an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name:Title: James Lodge Account Manager 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 5 Revised:082918 720599.1 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section.2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and . all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities,, claims, judgments, arbitration awards, 'settlements, costs, demands, orders and penalties (collectively Claims"), including but not limited to Claims arising from injuries or death of persons Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require. all non-design-professional sub- contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-design-professional sub-contractors, used or sub- contracted- by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 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 Revised:082918 720599.1 documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall.maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT . 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation,. California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 7 Revised:082918 720599.1 1 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive'in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or- employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited.basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 8 Revised:082918 720599.1 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first- class mail to the address set forth 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: Otis Elevator Company Attention: James Lodge 4949 Viewridge Avenue San Diego, CA 92123 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all.Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this. Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 9 Revised:082918 720599.1 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though,fully set forth in this Agreement-and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the. Parties .have executed this Agreement as of the dates stated below. CITY" City of Palm Springs Date: 9 ZZ,5 By: David H. Ready, Ph City Manager APPROVED AS TO FORM: ATTEST By. by: n ony Mejia City Attorney City Clerk CONTRACTOR" Otis Elevator Company Date: 1211V1 By: Brian Kegler General Manager 10 Revised:082918 720599.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICESNVORK Including, Schedule of Fees And Schedule of Performance 11 Revised:082918 720599.1 OTIS DATE: 06/24/2019 TO: FROM: City Of Palm Springs Otis Elevator Company Facilities Maint Div 4949 Viewridge Ave 425 N Civic Dr, San Diego,CA 92123 Palm Springs,CA 92263 EQUIPMENT LOCATION: James Lodge Palm Springs Parking Stru Phone: (858)514-2800 275 Indian Cyn Dr Fax:(858)560-7465 Palm Springs,CA 92262 PROPOSAL NUMBER: ANI194 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Machine Number Designation 1 GEARLESS OTIS ELEVATOR ONLY ELV,0334 641300 COMPANY 3 HYDRAULIC OTIS ELEVATOR ELV 1 ,ELV 467897,467898, COMPANY 3 ,ELV 2 467018 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment("Units")described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment,extend equipment life,and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type,component life,equipment usage,and building environment will be taken into account by the OMMSO scheduling system,which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection,lubrication,and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers,power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms,platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. Hoistway door interlocks and hangers,bottom door guides,and auxiliary door closing devices. OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:AN1194 Page I of 9 0 Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts,linings,and component parts. Motors,brushes,brush holders,and bearings. Governor components, governor sheaves and shaft assemblies; bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches; governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings,,exposed piping, above ground plungers and cylinders,and hydraulic fluid tanks. Escalator handrails, handrail drive,chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads,step wheels,step chains,step axle bushings,comb plates,floor plates,tracks,external gearing,and drive chains. Escalator upper drives upper drive bearings, tensions rocket bearings, upper newel bearings and lower newelPPPPg , P g , PP g bearings,demarcation lights,and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. In addition,we will replace all wire ropes or coated steel belts as often as necessary to maintain an appropriate factor of safety. As conditions,usage, or Code warrants,we will equalize the tension on hoisting ropes, resocket ropes for drum machines,and repair or replace conductor cables and hoistway and machine-room elevator wiring PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units.Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis,field engineers will provide technical assistance, technical information, and.Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations,you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service.In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. .If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you,and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units,and the OMMS program. There is no additional charge for this consulting service,but by making this service available to you,Otis does not assume any duty to warn. REPORTS—eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will,at your request,provide you OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 2 of 9 access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService. SAFETY AND ENVIRONMENT SAFETY TESTS—TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for safety using a method approved by the manufacturer. SAFETY TESTS—HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. FIREFIGHTERS'SERVICE TEST If the equipment has firefighters'service,you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance,functioning and testing of the smoke and/or heat detectors.We will test the firefighters'service keyswitch on a monthly basis. If during the initial firefighters'service test any elevator firefighters'service is found to be inoperable,the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees,and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet(MSDS)Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil,spoils,asbestos, etc.,as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials,and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 3 of 9 You agree to properly post,maintain,and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(f)(2)(i),which requires that a service provider(an outside employer")and its customer(an"on-site employer")must inform each other of their respective lock out/tag out LOTO")procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by(1)clicking on"The Americas"tab on the left side of the website;(2)choosing"US/English"to take you to the"USA"web page;(3)clicking on the"Otis Safety"link on the left side of the page;and(4)downloading the"Lockout Tagout Policy Otis 6.0"and"Mechanical Energy Policy Otis 7.0," both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at Customer's facility. WORK SCHEDULE NORMALHOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building.representative; (c) by emergency personnel; (d) through the ADA phone line, and/or.(e)through REM®monitoring system,for service or assistance, on an as needed basis,excluding regularly scheduled maintenance. Regular working hours: 8:00 AM—4:30 PM. Regular working days:Monday—Friday excluding holidays. OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment.We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property,solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret-for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we,will be given access to your premises to remove the service equipment,including the resident software,at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software,provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile,or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 4 of 9 You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment: These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units,that such Units remain yours solely as owner and operator, lessee,or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal,state,or local law,Code,ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to,wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment,hoistway enclosures,hoistway gates,hoistway inserts and brackets,mainline disconnect switches,doors,door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract,you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively. dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type;(iii)to make any changes in the existing design of the Units;(iv)to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed'hydraulic cylinders or piping and(vi)to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured by the original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication;(vii)to provide reconditioned or used parts;(viii)to make any replacements, renewals,or repairs necessitated by reason of any cause beyond our control including,but not limited to,fire,explosion, theft,floods,water,weather,earthquake,vandalism,misuse,abuse,mischief,or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract,Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty(30)days written notice. Should you require us to interface with a third party work order,insurance or safety systems,Otis will add an appropriate fee to cover the additional cost associated with this service. Neither party shall be liable for any loss,damage or delay due to any cause beyond our reasonable control including,but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water,weather, earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims,damages,losses,•costs,and expenses(including attorney's fees and other litigation costs) arising out of or connected with the use, repair,maintenance, operation or condition of the Equipment. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees,and comprehensive general liability insurance.You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us.If either party so requires, in writing,the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary,under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including; but not limited to, fines or penalties, loss of OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 5 of 9 profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property,whether in contract,tort,warranty or otherwise. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel,to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations,and to provide a grounded,3-prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition,you agree to notify us as soon as possible using the 24-hour OTISLINE® service. Until the problem is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator(s) and/or escalator(s)to us and if required by law,to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary,escalators are to be properly barricaded and not to be used as steps. You agree to properly post,maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen.Customer agrees that its agents,contractors,employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions(including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse,or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages,and not as a penalty,one-half(50%)of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service,or"no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations,additions,adjustments,or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: CONTRACT PRICE AND TERM CONTRACT PRICE OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 6 of 9 One thousand two hundred seventy-two dollars and thirty-four cents ($ 1,272.34 ) per month, payable Annually PRICE ADJUSTMENT One thousand two hundred seventy-two dollars and thirty-four cents($1,272.34) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2019 which was 97.332.The phrase"straight time hourly labor cost"means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. The Contract Price will be adjusted annually on the commencement date by the percentage increase or decrease in the straight time hourly labor cost under the IUEC contract then in effect. The term"straight time hourly labor cost"means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is maintained. In addition, we may adjust the Contract Price as a result of any substantial changes in service expenses,including but not limited to expenses in connection with fuel,waste disposal,environmental requirements,cost of materials,changes to government regulations or other administrative costs. TERM The Commencement Date will be 07/01/2019. The Term of this Contract unless modified under the extended term below, will be for five (5) years beginning on the Commencement Date. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract,you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract,then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required by law. In addition to the agreed price,you shall pay to us any future applicable tax imposed on us,our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one-half percent(1.5%)per month,or the highest legally permitted rate,whichever is less,on any balance past due for more than thirty(30) days,together with all costs (including,but not limited to,attorneys'fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty(60)days will be a material breach.We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages,and until the same are paid be discharged from further obligations under the contract. Electronic Funds Transfer Payments (ACH/EFT) Transmission Format Accepting CTX(Corporate Trade Exchange) format only. This format allows for up to OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 7 of 9 9,999 invoices per payment and supports detailed remittance data. It allows the combining of multiple invoices on a single payment and will ensure automatic credit to your accounts,as long as the entire Otis invoice number(s) is transmitted in the exact Otis format(examples below). Please use the IV(which stands for invoice number)Qualifier when providing the Otis invoice number. Minimum Payment Information The following information is required with each transmission: Payment Amount Use the IV Qualifier to provide the ENTIRE INVOICE NUMBER(minimum 10 characters,maximum 12 characters in exact Otis format). Example NKG05678 10.1 or NKG38062001. Payment Date Depository Information Depository Institution: JP Morgan Chase Depository Address PO Box 31339-33631-3339, Tampa,FL 33631-3339 Account Name: Otis Elevator Company Account Number: 55-20622 Bank routing Number: 071000013 If a wire transfer use,this routing number:.021000021 Remittance Information For each transmission,please send remittance notification to Otis Elevator Company via email at REMITTANCE(-,OTIS.COM or fax to 860-353-5145. ACCEPTANCE This proposal,when accepted by you below and approved by our authorized representative,will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. THIS QUOTATION is valid for ninety(90)days from the proposal date. OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13).Proposal#:ANI194 Page 8 of 9 Submitted by: James Lodge Title: Territory Manager E-mail: james.lodge@otis.com Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date:Date: Signed: Signed: Print Name: Print Name: Cassidy Ragus t t Title Title E-mail: Name of Company - Principal,Owner or Authorized Representative of Principal or Owner Agent: Name of Principal or Owner) OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ANI194 Page 9 of 9 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) 19 Revised:082918 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages .to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars 2,000,000) annual aggregate is: required X is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, 20 Revised:082918 720599.1 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 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Bests Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. "or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or for any and all work performed with the City" may be included in this statement). 3. "Should any of the ..above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail 21 Revised:082918 720599.1 such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and.must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, .officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any, deductibles or self- insured,retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds): This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 22 Revised:082918 720599.1 AMENDMENT#1 TO CONTRACT SERVICES AGREEMENT NO. A6707 WITH OTIS ELEVATOR COMPANY FOR ELEVATOR MAINTNEANCE MANAGEMENT PROGRAM This Amendment No. 1 to the Contract Serv r es Agreement (A6707),Amendment No. 1"), is made and entered into this a day of YV 2019, by and between the City of Palm Springs, a California charter city and murficipal corporation, hereinafter designated as the City, and Otis Elevator Company, a California corporation, hereinafter designated as the Contractor. RECITALS A. City and Contractor entered into that certain Agreement No. 6707 for Elevator Maintenance Management System ("Services"). B. City requests Contractor to provide additional services for the Services related to, Public South Elevator Block D, 101 N. Belardo Road, Palm Springs, CA. 92262. C. Contractor has submitted to City a proposal to provide additional Elevator Maintenance Management Program services related to Public South Elevator Block D under the terms of this Amendment No. 1. D. The parties wish to enter into this Amendment No. 1 to proceed with the additional professional services related to Public South Elevator Block D, 101 N. Belardo Road, Palm Springs, CA. 92262. E. NOW, THEREFORE, in consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment. SECTION 2. Article 3 "Compensation of Contractor' is hereby amended as follows: 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 $22,967.76. SECTION 3. Exhibit "A" is hereby amended to incorporating the following additional location. 101 N. Belardo Road ORIGINAL BID AND/OR AGREEMENT SECTION 4. Exhibit "A" is hereby revised by incorporating the following itemized list of fees in Article 3 "Contract Price" with the following, included here within as Attachment 1. LOCATION MONTHLY ANNUALLY 101 N. Belardo Road 552.00 6624.00 Amendment 1 552.00 6624.00 SECTION 5. Bid Schedule "A" is hereby revised to include Block D Elevator included herewith as Attachment 1. SECTION 7. ADD: 7-3.4 Verification of Coverage is hereby amended to incorporate the following: Contractor has requested its insurer to modify its insurance endorsement cancellation provisions to delete any exculpatory wording and wording stating, in effect, that failure of the insurer to mail written notice of cancellation imposes no obligation on insurer. Contractor's insurer has refused to modify such language or guarantee that insured and the City, as additional insured, will be timely notified of any cancellation of Contractor's insurance required under this Agreement. Therefore, Contractor now agrees that should any insurance policies under this Agreement be cancelled before the expiration date for any reason, Contractor shall immediately notify the City, as named additional insured, of the policy cancellation. Failure of Contractor to immediately notify the City of the cancellation of any required insurance by the issuing company shall be considered a material breach and default of this Agreement and all services provided by Contractor shall cease until such time as evidence of sufficient and comparable replacement insurance naming the City as an additional insured is provided to the City as a cure. Agreement Number: 6707 Elevator Maintenance Management System Original City Manager Approval: Aug. 29, 2018 Original Contract Amount:16,343.76 Amendment #1 Annual Cost: Total Annual IncreaselseGFease 6,624.00 Total Annual Contract Amount 22,967.76 Maximum Contract Amount 22,967.76 SECTION 9. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 6707, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement 6707 , the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 10. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. CITY° City of Palm Springs Date: a`7* IB David H. Ready-2l anager APPROVED AS TO FORM: ATTEST: By: Edward Z. Kotkin, City Attorkeyl a,ony J 'ia, M C, Clerk j%PPRQVEPI3v^,16 N&.NIACEERAwl CONTRACTOR" Otis Elevator Company Date: I o mo l °i By: 0--/, Signature Brian Kegler, General Manager Date: By: Signature Check one: _Individual _Partnership_Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ ileg rcr.rrcrctcrir v,rtr rcorrcrn•.ctcr r-r .xtrcr<rcrcrcr crertr •.cr rc•.c< - crcrcrt-•cr,t•'.c-,c c A rotary public or other offim completing this carofipte verifies only thw identity of the individual who signed the document to which this owtificam is wmched,.and not the tnnhfuness,accuracy,or vafday of that docu nem. State of California County of S cr P 1 A l e of O On 1t 10120101 beforeme, V.LrFitrrjttrdfZ - ND}Arr 't'tA-b11a.. Late Here Insert Name and Title of the Office' personalty appeared Q r l ar , IG Q cj I t r- Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose tee(*Ware, subscribed to the within Instrument and acknowledged to me that helshe44W executed the sarne in hsftwrAhw auHwr¢ed capaatyaid),and that by his/h@F4I:N it signature(g.on the instrument the person(p)( or the entity upon behalf of which the person(ip(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph V. L. HERNANDEZZ is true and correct. Commistikon No. 2260345 WITNESS my hand and official seal. NOTARY PrxuccAUrarrN A x SANDIEGOCOUNTY My Comm.Ewm OCTOBER x.am Signature V - Sigrnsture of Notary F1'ace Notary Sear Above OPTIONAL Though this section is optional, cartnfthe"this infonnabon can deter afteration of the dxument or kaud lent reaftxfument of this form to an ururitended docurrrent Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capardty((ies) Claimed by Signers) Signer's Name: Signer's Name: Corporate Officer — Ti ie(s): Corporate Officer — Tdle(s): Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other. Signer Is Representing: Signer Is Representing: 02014 National Notary Association•www.NationWNotary.org • 1-800-US NOTARY(1-900-876-6827) ttem K5907 OTIS , Fn DATE: 02/05/2019 TO: FROM: City Of Palm Springs Otis Elevator Company 425 N Civic Dr. 4949 V iewridge Ave San Diego,CA 92123 Palm Springs,CA 92263 EQUIPMENT LOCATION: James Lodge Public South Elevator Blo Phone:(858)514-2800 101 N Belardo Road Fax:(858)560-7465 Palm Springs,CA 92262 PROPOSAL NUMBER: ALT862 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Machine Number Designation 1 GEARLESS OTIS ELEVATOR ONLY ELV,0334 641300 COMPANY OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment("Units")described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment,extend equipment life,and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type,component life,equipment usage,and building environment will be taken into account by the OMMS®scheduling system,which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication,and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots,timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. Hoistway door interlocks and hangers,bottom door guides, and auxiliary door closing devices. Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, 0 OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01130/13)Proposal#:ALT862 Page I of 10 contacts,linings,and component parts. 0 Motors,brushes,brush holders,and bearings. Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or Fn secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders,and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings,comb plates,floor plates,tracks,external gearing,and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings,demarcation lights,and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations,you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLfNE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you,and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units,and the OMMS program. There is no additional charge for this consulting service, but by making this service available to you,Otis does not assume any duty to warn. REPORTS—eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will,at your request,provide you access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService. rc)OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Fomn MNT-OM(01/30/13)Proposal#:AL 1862 Page 2 of 10 SAFETY AND ENVIRONMENT Cn SAFETY TESTS—TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for safety using a method approved by the manufacturer. FIREFIGHTERS' SERVICE TEST If the equipment has firefighters'service,you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance,functioning and testing of the smoke and/or heat detectors. We will test the firefighters'service keyswitch on a monthly basis. If during the initial firefighters'service test any elevator firefighters'service is found to be inoperable,the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees,and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet(MSDS)Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils,asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water,stored materials,and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(t)(2)(i),which requires that a service provider(an outside employer")and its customer(an"on-site employer")must inform each other of their respective lock out/tag out LOTO") procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www,otis.com by (1)clicking on "The Americas" tab on the left side U OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30113)Proposal#:ALT862 Page 3 of 10 of the website; (2)choosing"US/English"to take you to the"USA"web page, (3)clicking on the"Otis Safety"link on the left side of the page;and(4)downloading the"Lockout Tagout Policy Otis 6.0"and"Mechanical Energy Policy Otis 7.0," both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Cn Otis personnel are working on site at Customer's facility. WORK SCHEDULE NORMALHOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through REMO monitoring system, for service or assistance, on an as needed basis,excluding regularly scheduled maintenance. Regular working hours: 8:00 AM—4:30 PM. Regular working days: Monday—Friday excluding holidays. OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software,at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile,or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. 1 OTIS ELEVATOR COMPANY,2011 All Rights Reserved UNX Form MNT-OM(01/30/13)Proposal#:ALT862 Page 4 of 10 THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal,state,or local law,Code,ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment,hoistway enclosures,hoistway gates,hoistway inserts and brackets,mainline disconnect switches,doors,door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract,you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (it) to make any replacements with parts of a different design or type; (iii)to make any changes in the existing design of the Units;(iv)to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v)to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi)to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured by the original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication;(vii)to provide reconditioned or used parts; (viii)to make any replacements, renewals,or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire,explosion, theft,floods,water,weather,earthquake,vandalism,misuse,abuse,mischief,or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract,Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30)days written notice. Should you require us to interface with a third party work order,insurance or safety systems,Otis will add an appropriate fee to cover the additional cost associated with this service. Neither party shall be liable for any loss,damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims,damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees,and comprehensive general liability insurance.You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing,the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property,whether in contract,tort,warranty or otherwise. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel,to remove and remediate any waste or hazardous materials in accordance with applicable laws OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MINT-OM(01/30/13)Proposal#:ALT862 Page 5 of 10 and regulations,and to provide a grounded,3-prong electrical system and proper lighting in the machine rooms and pits. 0 We shall not be obliged to perform until such unsafe condition has been remedied. Cn If any Unit is malfunctioning or is in a dangerous condition,you agree to notify us as soon as possible using the 24-hour OTISLINEG service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s)to us and if required by law,to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary,escalators are to be properly barricaded and not to be used as steps. You agree to properly post,maintain,and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen.Customer agrees that its agents,contractors,employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions(including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse,or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages,and not as a penalty,one-half(50%)of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service,or "no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations,additions,adjustments,or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: CONTRACT PRICE AND TERM CONTRACT PRICE Five hundred fifty-two dollars ($ 552.00 ) per month, payable Annually PRICE ADJUSTMENT Five hundred fifty-two dollars(S 552.00) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2019 which was 97.332.The OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposalk:ALT862 Page 6 of 10 phrase"straight time hourly labor cost'means the sum of the straight time hourly labor rate plus the hourly cost of fringe 0 benefits paid to elevator examiners in the locality where the equipment is to be maintained. The Contract Price will be adjusted annually on the commencement date by the percentage increase or decrease in the CD straight time hourly labor cost under the IUEC contract then in effect. The term "straight time hourly labor cost'means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is maintained. In addition,we may adjust the Contract Price as a result of any substantial changes in service expenses,including but not limited to expenses in connection with fuel,waste disposal,environmental requirements,cost of materials,changes to government regulations or other administrative costs. TERM The Commencement Date will be 03/22/2019. The Term of this Contract unless modified under the extended term below, will be for one (1) year beginning on the Commencement Date. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract,you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract,then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. Electronic Funds Transfer Payments (ACH/EFT) Transmission Format Accepting CTX (Corporate Trade Exchange) format only. This format allows for up to 9,999 invoices per payment and supports detailed remittance data. It allows the combining of multiple invoices on a single payment and will ensure automatic credit to your accounts, as long as the entire Otis invoice number(s) is transmitted in the exact Otis format(examples below). Please use the IV(which stands for invoice number) Qualifier when providing the Otis invoice number. Minimum Payment Information The following information is required with each transmission: Payment Amount Use the IV Qualifier to provide the ENTIRE INVOICE NUMBER(minimum 10 characters, maximum 12 characters in exact Otis format). Example NKG05678 101 or NKG38062001. Payment Date t)OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNI.OM(01/30/13)Proposal#:ALT862 Page 7 of 10 Depository Information Depository Institution: JP Morgan Chase Depository Address PO Box 31339-33631-3339, Tampa, FL 33631-3339 Account Name: Otis Elevator Company Account Number: 55-20622 Bank routing Number: 071000013 If a wire transfer use this routing number: 021000021 Remittance Information For each transmission, please send remittance notification to Otis Elevator Company via email at REMITTANCE a,OTIS.COM or fax to 860-353-5145. ACCEPTANCE This proposal,when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. THIS QUOTATION is valid for ninety(90)days from the proposal date. Submitted by: James Lodge Title: Account Manager E-mail: james.lodge@otis.com Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: l/! Signed: Print Name:6: J Print Name: Cassidy Ragus Title i //q Title E-mail: Name of Company - Principal,Owner or Authorized Representative of Principal or Owner 3 OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Furth MNT-OM(01/30/13)Proposal#:ALT862 Page 8 of 10 Agent: Name of Principal or Owner) CAI Q OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ALT862 Page 9 of 10 BILL TO INFORMATION Company Name: Address: Address 2: City: State: Zip Code: ACCOUNTSPAYABLECONTACT Name: Phone Number: Fax Number: E-mail: TAXSTATUS Are you tax exempt? Yes No If yes,please provide tax exempt certificate Do you require a Purchase Order be listed on your invoices? Yes No If yes,please provide contact info for PO renewal: Name: Fax: Phone: E-Mail: Would you like Otis to automatically debit your bank account for your maintenance invoices? Yes No If yes,please provide blank check for bank routing and account information. c?OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:ALTS62 Page 10 of 10 A CERTIFICATE OF LIABILITY INSURANCE One" "Y' D3n2/201note THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW!THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDEPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the poliCy(les)must have ADDITIONAL INSURED provisions or be andoreed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy.Certain policies may require an ondoreement.A statement onthisCertificatedoesnotconforAthtstothecertificateholderinlieuofsuchandorsemene MARSH USA INC. P '20 CHURCH STREET HARTFORD,CT00103 v® wsuRtsk5lAFroRpwocovER,Ace NNee w5lN1EtA:HarlfOrd Fire lnMNanceC 19e82 OOTI°5 ELEVATOR COMPANY INSURER a:NadpW LMI°n Fie InfwanCe LoalQae/Ph PA 1 19gg5.._.. FARMIN TSPRCTINGS32 wwWEACJYnviran Home Aesumnrw Cangery 10360ONEFARMSPRINGSINGSR enIR1ERo:NnvH eWuralxe CompaaF 23E41 wSUlllR E: Fee— RF: COVERAGES CERTIFICATE NUMBER:KSLYKR3A REVISION NUMBER: THIS IS TO CER FY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED, NOTNTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPe erSURAIMI POLICY NUMBER A LOAfrSXCOYMERMALOMERALLIAeARY11t1E EACHOCCURRENCE 5 1,000,000 CWMS MADE X pCCWR I 000,OD°general aggregate per avpprrpp Iea R llsassP ,m.n,¢e, 'f 3o9,a9D 10.000,000 policy general a9gregala MEDEXPfAny"Wrearrl -S 10,000 PERSONAL _..."..INJURY s DOD;ooDVGMLGREGATE PRO-- LIMR FLIES PER GENERAL AGGREGATE 5 2000,000 POIJLY AC L t I PROOI/CTS-CdaPXJPIGG S 2A00,°00 OTHER P f fAUTOMOBILELIABILITY1if201e120feUMUT X ANY AUTO 2CSK 11U 01nderY.ilfErS n5 j ,f IPulwronl 1.000.000 BODILY WJURY AUTOS SCHEDULED I HIRED ONLY AUTOS SOOLY INJUNi'(Par e c enq SNONAUTOSOtAYAVIDSOwY X UMBRELLA LIAS 1 sXOCCURUiDiA31r201e04/01I2019 !EACH OCCURRENCE 15 10,000,000EXCEMU, CLAIMS-MADE. i OOREGC9 ®®}s 10.000.000 ED R ENTIONS womquaccai B SAMIR Ft 2. i OGO112p18 0.101I2019 XC `AND EMPLOMM UABIfrY 00a N D AM'PROPRIETp1UR1RnERrEXaOUTiYE YING A. 19205 EL EACH ACCIDENT 1,000,000OFFSEMBBIEXtYUDEDTaNNrA -01551920a,MA•015519212 l yee 0elfpib WpM 75516200,MULTI-015519209 ELOIS6ASE-EA EMPlOYEE:S 1,000,000 DESCRIRT RATpng fYvx 1 ULTW7551 e207,MULTi- f A55ereonHors' 1 1 EL DISEASE-POLICY LIMIT 15 1.000.000.31 04/01/2018 ' 01101 1S ?Occurrence 2 000,000 AggregateS 2,000,000 I S CUCMPWNOF nONSJLOOATMNSrYERC S 5OPIA001mfe1,Aaaab,ullbmeNa SMWeuN,aMy b etMahea omen epp N rpWM}This ceAiMrR}e only apogee to SD 06091 Palm Spring55Pplanittiing Structure,275 S.Indian Canyon Dr.,Palm Springs,CA E LEI/A COMOMTORSpwo5.5.Calyonda is named insured on the OCP and the Insurance policies include a Waiver of Buhr°gallon,both to But Indent required by c°nlretl with OT1SY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOROANCENTHTHE POLICY PROVISIONS. of pdm Spdnos AUTWIRRED Rism"MTATAQ Palm Springs,CA 92282 f G/I Pegs 1 of 2 ®1858401 SACORD CORPORATION. All rights reservedACORD25(2016103) The ACORD name and logo are registered marks of ACORD EXCERPTED FRONc POLICY NUMBER: 02CSET1000o COMMERCIAL AUTOMOBILE HA 9916 D312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the fofiowhhg: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of thfs endorsement provide broader benefits to the 'insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee or yours while using a A. Substdiarles and Newly Acquired or covered 'autd you donl awn, hire or Formed Organizations borrow in your business or your The Named Insured shown In the personal affairs. Declarations Is amended to include: C. Lessors as Insureds 1) Arty legal business entity other than a Paragraph A.I. -WHO IS AN INSURED-of partnership or joint verdure, formed as a Section 11 -Liability Coverage is amended to subWary in which you have an add: ownership Interest of more than 50%on e. The lessor of a covered"auto"while thetheeffectivedateoftheCoverageForth. auto' Is leased to you under a writtenHowever, the Named Insured does riot agreement It: Include any subsidiary that Is an Insured" under any other aulonwbile 1) The agreareM requires you to policy or would be an Insured" under provide dired primary insurance for such a pdky but for Its termination or the lessor and tie exhaustion of Its Limit of Insurance.2) The"auto"Is leased without a driver. 2) Any organization that Is acquired or Such a leased "auW will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However. auto"you hire. the Named Insured does not include any p, Additional Insured If Required by Contract a) T formed or acquired organization 1) Paragraph A.I.-WHO IS AN INSUREDa) That is a partnership or Joint of Section II venture, Lkaft Coverage Is amended to add: b) Thaty, an"Insured'under any otherpolI. When you have agreed, In a written contract or written agreement,that a c) That has exhausted Its Limit of person or organization be added asInsuranceunderanyotherpolicy,or an additional Insured on your d) 180 days or more after Its business auto policy,such person or acquisition or formation by you, organization Is an Insured',but only unless your have given us notice of to the extant such person or The acquisition or formation. organization Is table for 'bodily Coverage does not apply to 'bodily Injury"of Opropmty damage"caused Injury or"property damage"that results by the conduct of an Insured"under from an "accldenr that occurred before paragraphs a. or b. or Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, mandenance or use of a Paragraph A.1.-WHO IS AN INSURED-of covered"auto." SECTION II - LIABILITY COVERAGE Is amended to add: C 2011,The Hartford(Includes copyrighted malarial Form HA 9916 0312 of 150 Properties,Inc.,with Its permission.) Pagel of S The Insurance afforded to any such E. Primary and Non-Contributory ff additional Insured applies only N the Required by Contract body InJury' or 'property damage" Only with respect to Insurance provided toocoUnK. an additional Insured in I.D. - Additional 1) During the policy period,and Insured If Required by Contract, the 2) Subsequent to the execution of such following pnrASions apply; written contract,and 3) Primary Insurance When Required By 3) Prior to the expiration of the pedod Contract of time that the written contract This Insurance is primary if you have requires such Insurance be provided agreed In a written contract or written to the additional Insured, agreement that this Insurance be 2) How Limits Apply primary. ff other Insurance Is also It you have agreed In a written contract primary, we will share with all that other or written agreement that another 111SUnInce by the method described In person or organization be added as an Other Insurance 5.d. additional Insured on your policy, the 4) Primary And Non-Contributory To Other most wa will pay on behalf of such Insurance When Required By Contract additional Insured Is the lesser of.. if you have agreed in a written contract a) The limits or Insurance specified In or written agreement that [his Insurance the wrMen contract or written Is primary and non-contributory with the agreement;or additional Insured's own Insurance, this b) The Limits of Insurance shown In Insurance is primary and we will not the Declarations, seek contribution from that other insurance. Such amount shot 6e a part of and not Paragraphs(3)and(4)do not apply to odw In the Declarationsbons In addition to Declarations of Insurance shown insurance to which the additonat InsuredanddescribedInids Section. has been added as an addlgoncl Insured. 3) Additional Insureds Other Insurance When this insurance is excess, we will have no duly to defend the Insured against any "suil" ifIfwecoveraclaimor"suit under this any other Insurer has a duty to defend theCoveragePartthatmayalsobecoveredinsuredagainstthat "suit-, if no other insurerbyotherInsuranceavailabletoandefends, we will undertake to do so,but we willadditionalinsured, such additional be entitled to the Insured's rights against allInsuredmustsubmitsuchclaimor^suit" those other insurers te the other Insurer for defense and Indemnity. When this Insurance Is excess over other Insurance, we will pay only our share of theHowever, this provision does not apply amount of the loss,t any, that exceeds the sumtotheextentthatyouhaveagreedInaof written contract or written agreementthat1) The total amount tlnat all such otter contributoryonibuthisInsurance In primary and non Insurance would pay for the loss In the o nM saran with the additional Insureds absence of this Insurance;andownInsurance. 4) Duties In The Event Of Accident, Claim, 2) The total or at dedudfble and sat-Insured Suit or Loss amounts under at that other Insurance. If you have agreed In a written contract We will share the remaining loss, t any, by the or written agreement that another method described In Other Insurance S d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional Insured on your policy, the Any "auto" hired or rented by your "employee"additional Insured shall be required to on your behalf and at your direction will be comply with the provisions In LOSS considered an"auto"you hire.CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT The OTHER INSURANCE Condition Is amended OR LOSS — OF SECTION IV —by adding Ins foto RANAN BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. 2011.The Hartford(includes copyrighted material Farm HA 9916 0312 or ISO Properties,Inc„with 9s penMssion.) Page 2 of S If an "employee's" personal Insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies an an excess basis to a covered "sub' TEMPORARY TRANSPORTATION EXPENSEhiredorrentedbyyour "employee" on your COVERAGE behalf and at your direction, this insurance will paragraph A4.e. of SECTION 111 - PHYSICAL In primary to the employee's' personal DAMAGE COVERAGE is amended to provide aInsurance. limit of Sao per day and a maximum limit or3. AMENDED FELLOW EMPLOYEE EXCLUSION 1,000. EXCLUSION S. - FELLOW EMPLOYEE - of S. LOANILEASE GAP COVERAGE SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGEapplyIfyouhaveworkers' compensation nee In tone covering all of your COVERAGE, in the event of a lclal "bss" to a employees*. coves 'auto",we will pay your additional legal obligation for any difference between the actualCoverageisexcessoveranyothercollectibleCashvalueofthe-auto-at the time of the-loss"Insurance.and the"outstanding balance of the IosMease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE Outstanding balance" means the amount you If hired "autos" are covered 'autos' for Liability owe on the toaMease at he time of Voss' less Coverage end N Comprehensive, Specified any amounts representing taxes: overdue Causes of Lass, or Collision coverages are Payments; penalties, Interest or charges provided under this Coverage Form for any resulting from overdue payments; additional auto' you awn. Oren fire Physical Damage mfieage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits rat hire or borrow,sobjed to the following UmIL returned by the lessor, costs for extended The most we will pay for 'loss" to any hired warranties,credit Ufa Insurance,heakh, accident auto"is: or disability Insurance purchased with the loan or lease; and carry-over balances from previous1) $100.000; loans or leases. 2) The actual cash value of tine damaged or 7. AIRBAG COVERAGE stolen property at the time of the-lass":or Under Paragraph B. EXCLUSIONS - or3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGEdamagedorstolenproperty,COVERAGE. the following is added: whichever Is smakesi, mitts a deductible. The The exclusion relating to mechanical breakdowndeductiblewillbeequaltothelargestdeductibledoesnotapplytotheaccidentaldischargeofanapplicabletoanyowned 'auto- for that airbag, coverage.No deductible applies to-lass"caused S. ELECTRONIC EQUIPMENT - BROADENEDbyfireorlightning. Hired Auto Physical Damage COVERAGEcoverageisexcessoveranyothercollectible insurance. Subject to the above UmU,deductible a. The exceptions to Paragraphs BA - and excess provisions,we will provide coverage EXCLUSIONS -of SECTION III-PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired'aulo" Exduslons 4.c, and 4.d. do not apply toIfNresultsfroman "accident", you are legally equipment designed to be operated solely liable and the lessor Incurs an actual financial by use of the power from the "auto'e loss, subject to a maximum of $1000 per eleddcal system that, at the Ume of-loss", accidenr. Is: This extension of coverage does not apply to 1) Permanently installed In or upon any "auto" you hire or borrow from any of your the covered"auto": empbyese. partners or you are a partnership), 2) Removable from a lousing unitmembers (if you are a Ur ited liability company), which Is Permananty Installed Inormembersoftheirhouseholds. or upon the Covered'auto"; 3) An Integral pad of Me same uPol horsing any electronic equipment described in Paragraphs(1)and(2)above; or 0 2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with Its pern"an.) Page 3 of 5 4) Necessary ror the normal if another Hartford Financial Services Group.operation of the covered"auto"or Inc.company policy or coverage form that Is notthemonitoringofthecoveredanautomobilepolicyorcoverageformappliesto auto's•operating system. the same"accident",the following applies; b.Section III — Version CA 00 01 03 10 of the 1) If the deductible under this Business AutoBusinessAutoCoverageForm, Physical Coverage Form Is the smaller (or smallest)Damage Coverage, Limit of Insurance, deductible,It will be waived; Paragraph C.2 and Version CA 00 01 10 01 of 2) If the deductible under this Business AutotheBusinessAutoCoverageForm, Physical Coverege Form is not the smaller (aDamageCoverage, Limit of insurance, smallest) deductible, II will be reduced byParagraphCareeachamendedtoaddthe the amount of the smaller (or smallest)totiowing deductible. 1,500 Is the most we will pay for"loss' In 12. AMENDED DUTIES IN THE EVENT OFanyone "accident• to all electronic ACCIDENT,CLAIM,SUIT OR LOSSequipment(aher than equipment designed solely for the reproduction of sound, and The requirement In LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV- BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of loss",Is: an"acdclenl"applies only when the'accldent'is 1) Permanently Installed in or upon known to: the covered "auto• In a housing, 1) You.If you are an individual; opening or other locallon that Is not 2) A partner,if you are a partnership; normally used by the 'auto' 3) A member, If you are a limited liabilitymanufacturerfortheInstallationof company;orsuchequipment; 2)Removable from a permanently 4) An executive ollicer or insurance manager,If Installed housing unit as described you are a corporation. In Paragraph 2a. above or Is an 13. UNINTENTIONAL FAILURE TO DISCLOSE Integral pad of that equipment;or HAZARDS 3)An Integral pad of such equipment. It you unintentionally fall to disclose any hazards e.For each covered•auto•,should loss be limited existing at the Inception date of your policy, we will not deny coverage under This Coveragetoelectronicequipmentonly, our obligation to Form because of such failure.pay for, repair, velum or replace dodged or 14. HIRED AUTO-COVERAGE TERRITORYslobselectronicequipmentwillbereducedby the applicable deductible shown In the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - fess. of SECTION IV - BUSINESS AUTO S. EXTRA EXPENSE - BROADENED CONDITIONS Is replaced by the following: COVERAGE e. For shod-term hired "autos•, the coverage Under Paragraph A-COVERAGE-of SECTION territory with respect to Liability Coverage is Ill - PHYSICAL DAMAGE COVERAGE, we will anywhere In the world provided that If the pay for the expense of returning a stolen covered insured's"responsibility to pay damages for auto'to you. adly kqur)r or mpropedy damage" Is dettermined In a 'sull"the Osuir Is brought In10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territoriesUnderParagraphD.-DEDUCTIBLE-of SECTION and possessions of the United States ofIII - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rao or Canada or in a following Is added: settlement we agree to. No deductible applies to glass damage if the 1S. WAIVER OF SUBROGATION glass Is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS Is amended by III - PHYSICAL DAMAGE COVERAGE. the adding time fallowing: fdlawing Is added O 2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 4 of 5 We waive any right or recovery we may have e.Regar less of the number of autos deemed a against any person or organization with whom total Iola, the most we will pay under this you have a written contract that requires such Hybrid. Electric, or Natural Gas Vehicle waterer because of payments we make for Payment Coverage Provision for any onedamagesunderthisCoverageForm. loss"Is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of"bodily injury" In SECTION V- a.A"non-hybrid"auto Is defined as an auto that DEFINITIONS Is replaced by the following: uses only an Inlemal combustion engine to Bodily injury" means bodily Injury, sickness or move the auto but does not Include autos disease sustained by any person, Including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is darned as an auto with an thy Internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the Internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - apples molars to move the auto, or the internal except as follows: combustion engine to charge one or more t we cancel for any reason other than electric motors,which move the auto. nonpayment of premium, we will mail or delver 19. VEHICLE WRAP COVERAGE to the first Named Insured written notice of In the evert are total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or dale of cancellation. Collision coverages are provided under this 1& HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a"non-hybrid'auto In addition to the actual cash value of the"auto', for which Comprehensive. Specified Causes of we w41 Pay up to$1,000 for vinyl vehicle wraps Loss,or Collision cove which are displayed an the covered-auto"at the thin Coverage Form, then such Physical ragas are provided al lima of total loss. Regardless of the number of autos deemed a total loss, the most we will payDamageCoveragesareamendedasfollows: under this Vehicle Wrap Coverage provision fora.lf the auto Is replaced with a "hybrid"auto or any one 'Ion" is $5,000. For purposes of thisanautopoweredsolelybyelectricityornaturalcoverageprovision, signs or other graphicsgas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500. of the"non-hybrid"auto's not considered vehicle wraps, actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or now lease agreement received by us within 60 calendar days of the date of'toss," 0 2011,The Hartford(nctudes copyrighted material Form HA 9910 0312 of I50 Properties,Inc.,with Its permission.) Page 5 of 5 POLICY NUMBER: 02 CSE T10000 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 endorsemenL the provisions of the Coverage Form apply unless modified by this andorsement This endorsement identifies person(s) or organization(s) who are "insureds` for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Farm.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: UNITED TECANOLOGIls CORPORATION Endorsement Effective Date: 04/02/2018 SCHEDULE Name Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION NHOM YOU ARE REQUIRED BY WRITTEN CONTRACT TO NAME AS ADDITIONAL INSURED. Information required to complete this Schedule, Knot shown above,wiil be shown In the Declarations. Each person or organization shown in the Schedule is an insured'for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained In Paragraph A.I. of Section It — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0Insurance Services Office,Inc.,21111 Page 1 of 1 EXCERPTED FROM: POLICY NUMBER:02CSET10004 EFFECTIVE DATE: 04/0112018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the fallowing add"dlonal if notice is mailed, proof of malling to the last knownConditions: maiing address of the certificate holder(s)an file vMh A. If this policy is cancelled by the Company, other the agent of retard or the Company will be sufficientthanfornonpaymentofpremium, notice of such proof of noiloa. cancelatIon win be provided at least Wrty (30)Any notification tights provided by this endorsementdaysinadvanceofthecancellationeffectivedate apply only to active certificate holder(s) who weretothecertificateholders) with mailing addresses Issued a certificate of Insurance applicable to thisonfilewiththeagentofrecordortheCompany, policy's term B. It fhis policy is cancelled by the Company for _ Failure to provide such notice to the aerUGcatenonpaymentofpremium, or by cite insured,notice holder(s) will not amend or extend the date theofsuchcancellationwillbeprovidedwithin (10)cancellation becomes effective, nor will it negatedaysofthecancellationeffectivedatetothecanceflatonofthepolicy. Failure to send notice shallcertificateholder(s)with maifmg addresses an rite Impose no Ilebilily of any kind upon fhe Company or itsWiththeagentofrecordortheCompany. agents or representatives. Farm IH 0313 0611 Page 1 of 1 0 2011,The Harifard UTO EXCERPTED FROM: POLICY NUMBER: 02CSET10000 EFFECTIVE DATE: 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(5) This policy is subject to the Fa9owing addi0onal If notice Is mailed, proof of malting to the last known A. Ifthis Conditions: mailing address or the certificate hoider(s)on Ma withA. t h s policy Is cancelled by the Company, other the agent of record or the Company will be suffic entthanfornonpaymentofpremium, notice of such proof of notice. cancellation will be provided at least thirty (30)Any notification rights provided by this endorsementdaysInadvanceofthecancellationeffectivedate to Ore certificate holder(s)with mailing addresses apply only to active certificate holder(s) who were on Me with Ih©'agent of record or the Company. Issued a cartificale of Insurance applicable to this po>cy's term. B. If this policy is cancelled by the Company for Failure to provide such notice to the certificatenonpaymentofpremium, or by the insured, notice holder(s) will not amend or extend the date theOfsuchcancegaOonwillbeprovidedwithin (10) cancellation becomes effective, nor will it negatedaysofthe holdcancers)with effective date to the cancellation of the policy. Failure to send notice shallwithteCertificateagentof with mailing addresses an 01e impose no liability of any kind upon the Company or HswithOreagentofrecordortheCompany. agents or representatives. Form IH 0313 0611 Pogo i of i 0 2011,The Hartford POLICY NUMBER: 02 CSE T20004 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY A. The amended Other Insurance condition in 2. Method Of SharingParagraphB. below applies only to persons or If all of the other Insurance permitsorganizationsqualifyingasallother Insureds contribution by equal shares, we will followunderthispoky, subject to all other apphlicable this method also. Under this approach eachtermsandconditionsnotmodifiedby (his insurer contributes equal amounts until Itendorsement has paid Its applicable lint of Insurance orAsinspectsanypersonororganizationnoneofthelossremains, whichever comas qualifying as a Named Insured under this policy, fast. the Other Insurance condition is rho[amended If any of the other insurance does not permitandcontinuestoapplyonanexcessbasis.contribution by equal shares, we willWithrespecttoInsuranceprovidedtopersonscontributebylimits. Under this method, or organizations described in Paragraph A. each insurer's share is based on the ratio of above, the Other Insurance condition in the its apptcabte 6rsi1 of Insurance to the total Conditions Section is replaced by the applicable limits of insurance of d Insurers. following: Other Insurance 1. Primary Other Insurance If you have agreed In a written contract or written agreement to provide primary insurance to the additional Insured, then this Insurance will be primary. Additionally, to the extent that you have agreed with an addillorhal Insured that this Insurance shall apply on a non-contributory basis with other Insurance available to that additional insured, we will not seek contribution from such additional insureds other Insurance. This provision does not apply to other Insurance to which such additional insued has been added as an additional Insured. If other Insurance is also primary, we will share with at that other insurance by the method described in Paragraph 2.below. Form OT 20 32 0e 12 Pagel of 1 0 2012,The Hartford Policy Number. 02 CSE T30D04 EftectivaDate: 04/01/2019 Named Insured and Address: UNITRD TEC;MOLWIRS CORPORATI7N Endt No. 10 FARM SPRINGS ROAD PARMINGTON, CT 06032 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name of Persons or Organization: B1,AIF= WRERF REQUIRED BY WRITTEN CONTRACT If no entry appears above. Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The Transfer of Rights of Recovery Against Others To Us Condition (Section IV)is amended by the addition of the following; We waive arty right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of. 1. Yourongoing OPerdtonc or 2. "Yourwork"Included In the products-completed operations hazant"and which are done undera written cordract with that person(s)or organizetion(s). The waiver applies only to the person(s)or orgenizabon(s)shown in the Schedule above. Form GN 24 0416(ED.02tW Printed in U.S.A. (NS) c)1996,The Hartford Includes copyrighted material of Insurance Services Office with Its permission. Copyright, Insurance Services Office,1992) COMMERCIAL GENERAL LIABILITY is Policy Number. 02 CSE TI0004 CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatton(s): Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU HAVE, ANY LOCATION THAT I8 COVERED BY, OR SUBJECT TO ATHROUGHWRITTENCONTRACT, AGREED TO PROVIDE WRITTEN CONTRACT UNDER WHICH OTIS ELEVATOR INSURANCE PROTECTION FOR LIABILITY CAUSED BY COMPLY HAS AGREED TO PROVIDE THIS INSURANCE YOM ONG0100 OPERATIONS (AS PER ISO FORM C6 20 10 07 04 OR ITS EQUIVALENT). Information required to complete this Schedule,if not shown above,will be shown In the Declarations. A. Section II -Who Is An Insured is amended to B. Vft respect to the insurance afforded to these Include as an additlnal insured the person(s) or additional Insureds, the fo00wing additional organization(s) shown In the Schedule, but only exclusions apply: with respect to liability for'badily Injury" "property This insurance does not apply to"badly injury`or damage or 'personal and advertising Inuy" property damage Occurring after. caused,in whole or In part,by yj AN work, Including materials, parts or 1. Youracts or omissions;or equipment furlalhed in connection with 2. The acts or omissions of]hose acting on your such work, an the project (other than behalf service, maintenance or repairs) to be performed by or an behalf of the In the performance of your ongoing operations additional insured(s) at the location of the for the additional Insured(s) at dw Iocadon(s) covered operations has been completed, designated above. or 2) That potion of "your work" out of which the Injury or damage arises has been put to Rs Intended use by any person or organization other than an- other contractor or subrontraclor en- gaged in perfuming operations for e principal as a part of the same project. CG 2010 07 04 e)ISO Properties,Inc.,2004 Page 1 of 1 POLICY NUMBER: 02 CSE T10004 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the fallowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEa1LE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organkatlon(s); Operations ANY PERSON OR ORGANIZATION WHOM OTIS ALL LOCATIONS THAT ARE LISTED IN WRITTEN ELEVATOR COMPANY HAS THROUGH WRITTEN CONTRACTS OR AGREEMENTS CONTRACT AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR COMPLETED OPERATIONS (AS PER ISO FORM CG 20 37 07 04 OR ITS EQUIVALENT) Information required to complete this Schedule,ff not shown above,will be shown in the Declarations. Section 11-Who Is An Insured is amended to include as an additional Insured the person(s) or organizations) shown In the Schedule,but only with respect to liability for bodily In)ury"or"Oroperly damage"caused,In whole or In part, by 'your work' at the location designated and described In the schedule of this endorsement parformed for that additional inataad and included In the products-complated operations hazard". CG 20 37 07 04 c)ISO Properties,Inc„20D4 Pagel of 9 POLICY NUMBER: o2 Fro T10021 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY OR PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT A. The amended Other Insurance condition in 3. Primary And Non-Contributory To Other Paragraph B. below applies only to persons or Insurance When Required By Contract organizations qualifying as additional Insureds If you haveunderthispolicyandasadditionalInsuredsy agreed In a written written agreement, or pemhft providetoprovideunder'underlying Insurance",subject to all other Insurance to the additional Insured that isapplicabletermsandconditionsnotmodifiedbyprimaryandnon-contributory, then,after thethisendorsement. underlying Insurance" Is exhausted, This As respects any parson or organization Insurance will be primary and we will not qualifying as a Named Insured under this policy, seek contribution from the additional the Other Insurance conditon Is not amended Insured's own Insurance. and continues to apply on an excess basis. Paragraphs 2, and 3. do not apply to other B. Solely as respect the Insurance afforded to Insurance on which the additional Insured persons or organizations described In Paragraph qualities as an additional Insured pursuant to the A. above, the Other insurance condition In terns of that poky or has been added as an Section IV — Conditions is replaced by the additional Insured by endorsement. following: 4. Method Of Sharing Other insurance If all of the other Insurance permits1. Excess Basis contribution by equal shares, we will follow Unless the circumstances described In this method also. Under Ihls approach each Paragraphs 2, or 3. below apply, this Insurer contributes equal amounts until It has Insurance Is excess over any other paid Its applicable limit of Insurance or none Insurance, whether primary, excess, of the Joss remains,whichever comes first. contingent or on any other basis, except If any of the other insurance does not permit when purchased specifically to apply In contribution by equal shares, we will excess of this Insurance. contribute by limits.Under this method,each 2. Primary Insurance When Required By Insurer's share Is based on the ratio of Its contract applicable limit of Insurance to the total 9 you have agreed In e written cordnut, applicable limits of Insurance of all Insurers, written agreement or permit to provide primary Insurance to the additional Insured, then, after the "underlying Insurance• Is exhausted, this insurance will be primary, if other insurance Is slso primary, we will share with at that other Insurance by the method described In Paragraph 4.below. Form XN 20 0013(ED,09111) 0Page 1 of 1 2011,The Hartford BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT isThis endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. rhe Mowing"attadit clause" need be wnwletad only when Ws endomernenl b Iswed subsequent to preparathn of the poloy). This endorsement, effective 12:01 AM 0410 1/201 8 forms a part of Policy No. WC 015-51-9205 Issued to UNITED TECHNOLOGIES CORPORATION By AMER ICAN HONE ASSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC04D361 Countarslgnedby _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ Ed. 11190) Authorized Representative Page 4 of 4 H5JPT24N EXCERPTED FROM: Y POLICY NUMBER: 02CSETIOOOO EFFECTIVE DATE: 04101/201a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice Is mailed, proof of mailing to the last knownConditions: mailing address of the certificate hoider(s) on rile with A. If this policy Is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30)Any notification rights provided by this endorsementdaysInadvanceofthecancellationeffectivedateapplyonlytoactivecerti0caleholder(s) who weretothecertificateholder($)with mailing addresses Issued a certificate of Insurance applicable to thisonfilewiththeagentorrecordortheCompany. policy's term. B. If this policy is cancelled by the Company for Failure to provide such notice to the certificatenonpaymentofpremium, or by the insured, notice holder(s) will not amend or extend the date theorsuchcancellationwillbeprovidedwithin (10)cancellation becomes effective, nor will it negatedaysofthecancellationeffectivedatetothecancellationofthepolicy. Failure to send notice shaltcertificateholder(s) with mailing addresses on rile Impose no liability of any kind upon the Company or ItswiththeagentofracotdortheCompany. agents or representatives. Form IH 0313 0611 page 1 of 1 V 2011,The Hartford Page 2 of 4 H5JPTZ4N EXCERPTED FROM: POLICY NUMBER: 02CSET10004 EFFECTIVE DATE: 0410 1/20 1 8 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the following addltlonat If notice is mailed, proof of mailing to the last knownCondlilons: matting address of the certificate holder(s)on file with A. It this policy is cancelled by the Company, other the agent of record or the Company wilt be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30)Any notification rights provided by this endorsementdaysinadvanceofthecancellationeffectivedate apply only to active certificate holder(s) who weretothecertificateholder(s)with mailing addresses Issued a certificate of Insurance applicable to thisonfilewiththeagentofrecordortheCompany, policy's term. B. If this policy is cancelled by the Company for Falure to provide such notice to the certificatenonpaymentofpremium,or by the Insured, notice holder(s) will not amend or extend the date theofsuchcancellationwillbeprovidedwithin (10)cancellation becomes effective, not will It negatedaysofthecancellationeffectivedaletothecancellationofthepolicy. Failure to send notice shallcertificateholder(s)with mailing addresses on file Impose no liability of any klnd upon the Company or itswiththeagentofrecordortheCompany. agents or representatives. Form IN 0313 0611 Page 1 of 1 O 2011,The Hartford Page 3 of 4 HSJPTZ4N OWNERS AND CONTRACTORS PROTECTIVE LIABILITY CERTIFICATE OF COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE is provided by the insurance company of the Hartford shown below;is provided on behalf of the Designated Contractor scheduled hereon;and consists of. A. This Certificate of Coverage. S. Owners and Contractors Protective Liability Coverage Form;and C. Any Endorsements issued to be apart of the Owners and Contractors Protective Liability Coverage Form and Rated below: Insurer: Hartford Fire Insurance Company Policy Number 02CSET31000 HARTFORD, CT 06115 Previous Policy Number:RENEWAL Issued to Named Insured and Mailing Address: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Designated Additional Insureds: City of Palm Springs, California Coverage Period: 04/012018 to 04/012019 12:01 a.m.,standard time at your mailing address shown above. Coverage Period means the period beginning with the inception date coverage is provided for the project specified herein and ending with the earlier of cancellation of coverage, expiration of coverage or completion of the project) Designated Contractor and Mailing Address: OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD FARMINGTON, CT 06032 Location of Covered Operations: Palm Springs Parking Structure 275 S. Indian Canyon Dr. Palm Springs, CA Contract Number:SD 05091 LIMIITS OF INSURANCE The Limits of Imurnce,subject to all the terms of this Owners and Contractor Protective Liability Coverage Form that apply,are: Each Occurrence Limit 2 Q00, 000 Aggregate Limit 2, 000, 000 Premium: Included as part of the total Coverage Part premium,which is the responsibility of the Designated Contractor, Form Numbers of Coverage Forms,Endorsements and Schedules that are part of this Owners and Contractors Protective Liability Coverage Form: Issue Date:03/2 2/2 018 Form HS 78 71 01 00 c)2001,The Hartford MLY% 34 Pag< < of 2 OTI Fn DATE: September 16th,2016 TO: FROM: City of Palm Springs Otis Elevator Company 425 N. Civic Dr. 4949 Viewridge Ave. Palm Springs,CA 92263 San Diego,CA 92123 EQUIPMENT LOCATION: Palm Springs Parking Structure 275 Indian Canyon Dr. Palm Springs-,CA 92263 X WARRANTY NUMBER: SD 05091 WARRANTY DATE: 07/01/2016 EQUIPMENT DESCRIPTION: Number of Units Type of Units Machine Numbers Three(3) Hydraulic Passenger 467018,467897 &467898 We propose this Otis Extended Warranty Program to take effect as of the Warranty Date. Under this extended warranty we will employ the Otis Maintenance Management Systems (OMMS)maintenance X program to deliver service tailored to your building needs. Equipment type, component life, equipment usage,and building environment will be taken into account by the OMMS scheduled system,which will be used to plan ig maintenance activities in advance. As part of this Warranty we shall examine the Units using trained personnel directly employed and supervised by us. The examinations will include inspection,lubrication, adjustment,cleaning,and if conditions or usage warrant,repair or replace components as required in the OMMS program. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be provided. All work, including minor adjustment callbacks will be performed by trained employees during regular working hours of regular working days. All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. If overtime examinations,repairs or emergency minor adjustment callback services are later requested by you,you agree to pay extra for the overtime bonus hours at our regular billing rates. There will be no extra charge for the straight time portion. We will periodically examine the safety devices and governors of the traction and roped hydraulic Units. We will conduct an annual no load test and perform at each fifth year a full load,full speed test of the safety mechanisms, overspeed governors,and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed,and elevator car balances will be checked. We will conduct an annual no load pressure relief valve test for hydraulic units. SPECIAL PROVISIONS e OTIS ELEVATOR COMPANY, 1995, 1998 All Rights Reserved impact Tom MN'r-EWP(1/03) Proposal# Page 1 of 3 ORIGINAL.BID ANDIOR AGREEMENT CLARIFICATIONS This warranty shall not cover adjustments,repairs or replacement of parts due to negligence,misuse,abuse or accidents caused by persons other than Otis. In addition this Warranty does not cover car enclosures(including,but not limited to,wall panels,door panels,car gates,plenum chambers,hung ceilings, lighting,light diffusers,fight tubes and bulbs,handrails,minors and floor coverings),rail alignment when affected by building compression or shifting, hoistway enclosures,hoistway gates,hoistway inserts and brackets,mainline disconnect switches,doors,door fiames,sills,swing door hinges and closing cn devices,below ground or unexposed hydraulic cylinders and plungers,buried or unexposed piping,escalator balustrades,escalator lighting or wedge guards.Without affecting our obligation to provide service under this Warranty,you agree to permit us to train our personnel on the Units. This Warranty does not cover computer and microcomputer devices,such as terminal keyboards and display units,that are not exclusively dedicated to the elevator system. This Warranty does not cover telephones,intercoms,heat sensors,smoke sensors,communications equipment,or safety signaling equipment not installed by Otis,or instructions or warnings in connection with use by passengers. Payments will be made on an annual basis,due on or before the last day of the month prior to the billing period,beginning on the Commencement Date. The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required bylaw. In addition to the agreed price,you shall pay to us any future applicable tax unposed on us,our suppliers or you in connection with the performance of the work described. 0 You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine moms and pit areas free from water,stored materials,and debris. You agree to provide a safe work place for our personnel,and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. You agree not to permit others to repair or replace any component part of the Units(s)during the warranty tern.If any Unit is malfunctioning or is in a dangerous condition,you agree to umediately notify us using the 24-hour OTISLINE®service.Clntil the problem is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use. Escalator Units are designed only for transporting passengers. For escalator Units,you agree to take all necessary measures to prevent other items from being conveyed,so that features designed to protect passengers and prevent property damage are not damaged. You agree to properly poll,maintain,and preserve any and all instructions or warnings to passengers in connection with the use of'any Units. If those elevator Units provided with firefighters'service are required by code to be tested monthly,you assume responsibility for performing and keeping a record of such tests. During the term of this Warranty,we will maintain original wiring diagrams for Otis Units. If any part of the Units deb vered or installed under this Agreement incorporates computer software,you agree that the transaction is not a sale of such software but a license to use such software solely for operating the Units for which such part was provided. You agree to keep such software in confidence as a trade secret for Otis. Under each license,we authorize you to do only the following: make a backup or archival copy of the software,provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy,display,transfer,adapt,modify,distribute, reverse assemble,reverse compile,or otherwise translate the software code. You may not sublicense or assign the license far the software nor may you lease the software or any copy of it. You will not transfer possession of such part or equipment except as part of a transfer of ownership of the Units; together with an assignment and assumption of rights and obligations under this agreement by the transferee providing that the transferee will be bound by these terns. Assignment will be subject to prior written permission of(his(which will not be unreasonably withheld). Any counters,meters,tools,remote monitoring devices,or communication devices which we may use or install under this Warranty remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use,access,examine, copy,disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason,we will be given access to you premises in remove the service equipment,including the resident software,at our expense. It is agreed that we do not assume possession or control of the Units,that such Units remain yours solely as owner and operator,lessee,or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal,state,or local law,code,ordinance or regulation. We will not be required:(i)to make any tests other than that as specifically set forth herein,(it)to make any replacements with parts of a different design or type,(iii)to make any changes in the existing design of the Units,(iv)to after,update,modernize or install new attachments to any Units,whether or not recommended or directed by insurance companies or by governmental authorities,(v)to make repairs or replacements necessitated by failures detceted during or due to testing of buried or unexposed hydraulic cylinders or piping. We will not be required to make any replacements,renewals,or repairs necessitated by any obsolete or discontinued part of the Unit(s)or by reason of any cause beyond our central(except ordinary wear and tear)including, but not limited to,fire,explosion,theft,Floods,water,weather,earthquake,vandalism,misuse,abuse,mischief,or repairs by others. We will not be liable for any loss,damage or delay due to any cause beyond our reasonable control including,but not limited to,acts of gover anent,labor disputes,strikes,lockouts,fire,explosion,theft,Floods,water,weather,earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God. You agree to pay a late charge from the dale such sums become due of one and one-half percent U.5%)per month,or the highest legally permitted rate, whichever is less,on any balance past due for more than thirty(30)days,together with all costs (including,but not limited to,attorneys'fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty(60)days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages,and until the same are paid be discharged from further obligations under the Warranty. This proposal,when accepted by you and approved by our authorized representative,will constitute the entire and exclusive Warranty between us for the services to be provided and you authorization to perfnrm as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase onlu issued by you in connection with the services to be provided will be deemed to be issued for your administrative ur billing identification purposes only,and the parties hereto intend that the terms and conditions contained herein will exclusively govem the services to be provided. We do not give up rights under any existing Warranty until this proposal is fully executed. This Warranty may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of(his. Further,any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. C,OTIS ELEVATOR COMPANY, 1995, 1998 All Rights Reserved IMPACT Form MNT-EWP(1/03) Proposal# Page 2 of 3 EXTENDED WARRANTY PRICE Five Hundred Ninety Nine Dollars &92/100 ($599.21) per month in The Warranty Price will be adjusted annually to reflect increases or decreases in material and labor costs. A. Material Fifty Dollars & 63/100 ($50.63) of the original Warranty Price will be increased or decreased by the percent increase or decrease shown by the index of"Producer Commodity Prices for Metals and Metal Products" published by the U. S.Department of Labor,Bureau of Statistics for the price adjustment month compared with the index on 02101/2016 which was$188.100. 0 B. Labor 0 Five Hundred Forty Eight Dollars&58/100($548.58) of the original Warranty Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost for the price adjustment month compared with such straight time hourly labor cost on 01/0112016 which was$ 88.200.The phrase"straight time hourly labor cost"means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. WARRANTY TERM Beginning on the Effective Date of this Addendum,the Term of the Warranty referred to will be extended for an additional one(I)years,and will continue thereafter for additional one(1)year periods unless terminated as follows. Either party may terminate the Warranty as modified herein at the end of the Term or at the end of any subsequent one(1)year period by giving the other party at least thirty(30)days written notice by way of certified mail prior to the end of the then current Term. This proposal,when accepted by you below and approved by our authorized representative,will become binding agreement. All other terms, conditions,and obligations in the Warranty referred to are to remain in full force and effect. This quotation is valid for ninety(90)days from the proposal date. THE EXPRESS WARRANTIES EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANI'AHILI'1 Y OR FITNESS FOR A PARTICULAR PURPOSE.IN ADDITION,UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BI1T NO'1 LIMITED 10,FINES OR PENALTIES,LOSS OF PROFITS,LOSS OF RENTS,LOSS OF GOODWILL,LOSS OF BUSINESS OPPORTUNITY,ADDITIONAL FINANCING COSTS,OR LOSS OF USE OF ANY EQUIPMENT OR PROPERTY,WHETHER IN WARRANTY,TORT,INCLUDING NEGLIGENCE,WARRANTY OR OTHERWISE. Submitted by: . I Accepted in Duplicate CUSTOMER OTIS ELEVATOR COMPANY Approved by Authorized Representative Approved by Authorized epresentative Date: Date: Signed: 7 Signed: lS— lk Print Name:JIB I Print Name: Brian KeglerGeneralManager Title: rAiI,4 OAA t + Title: Otis - Sari Diego Name of Comp y: C 13 Principal,Owner or Authorized Representative of Principal or Owner Agent Name of Principal or Owner) A,,,,PPROVED BY CITY MANAGER Il CC OTIA COMPANY, 1995,1998 All Rights Reserved insncx Form MNT-Etgr Page 3 of 3 1111t'N9f,Ity Clerk OTI Cn DATE: July I Oth,2015 TO: FROM: City of Palm Springs Otis Elevator Company 425 N.Civic Dr.4949 Viewridge Ave. Palm Springs,CA 92263 San Diego,CA 92123 EQUIPMENT LOCATION: Palm Springs Parking Structure 275 Indian Canyon Dr. Palm Springs,CA 92263 WARRANTY NUMBER: SD 05091 WARRANTY DATE: 07/01/2015 EQUIPMENT DESCRIPTION: Number of Units Type of Units Machine Numbers Three(3)Hydraulic Passenger 467018,467897&467898 We propose this Otis Extended Warranty Program to take effect as of the Warranty Date. Under this extended warranty we will employ the Otis Maintenance Maqagement Systems"' (OMMS)maintenance program to deliver service tailored to your building needs. Equipment type,component life,equipment usage,and building environment will be taken into account by the OMMS scheduled system,which will be used to plan maintenance activities in advance. As part of this Warranty we shall examine the Units using trained personnel directly employed and supervised by us. The examinations will include inspection,lubrication,adjustment,cleaning,and if conditions or usage warrant,repair or replace components as required in the OMMS program. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be provided. All work,including minor adjustment callbacks will be performed by trained employees during regular working hours of regular working days. All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. If overtime examinations,repairs or emergency minor adjustment callback services are later requested by you,you agree to pay extra for the overtime bonus hours at our regular billing rates. There will be no extra charge for the straight time portion. We will periodically examine the safety devices and governors of the traction and roped hydraulic Units. We will conduct an annual no load test and perform at each fifth year a full load,full speed test of the safety mechanisms, overspeed governors,and car and counterweight buffers. If required,the governor will be recalibrated and sealed for proper tripping speed,and elevator car balances will be checked. We will conduct an annual no load pressure relief valve test for hydraulic units. SPECIAL PROVISIONS OTIS ELEVATOR COMPANY,1995,1998 All Rights Reserved Impact Form MNT-EWP(1/03) Proposal# Page 1 of 3 ORIGINAL BID AND/OR AGREEMENT CLARIFICATIONS This warranty shall not cover adjustments,repairs or replacement of parts due In negligence,misuse,abuse or accidents"wed by persons other than Otis. 0 In addition this Warranty does not cover car enclosures(including,but not limited to,wall panels,door panels,car gates,plenum chambers,hung ceilings, lighting,light diffusers,light robes and bulbs,handrails,mirrors and Door coverings),veil alignment when affected by building compression or shifting, hoistway enclosures,hoislway gales,hoistway inserts and brackets,mainline disconnect switches,doors,door fumes,sills,swing door hinges and closing Cn devices,below ground or unexposed hydraulic cylinders and plungers,buried or unexposed piping,escalator balustrades,escalator lighting or wedge guards.Without affecting our obligation to provide service under this Warranty,you agree to pernsit as to train our personnel on the Units. This Warranty does not cover computer and microcomputer devices,such as termial keyboards and display units,that are not exclusively dedicated to the elevator system. This Warranty does not cover telephones,intercoms,heat sensors,smoke sensors,communications equipment,or safety signaling equipment not installed by Otis,or instructions or warnings in connection with use by passengers. Payments will be made on an annual basis,due on or before the last day of the month prior to the billing period,beginning on the Commencement Date. The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required by law. In addition to the agreed price,you shall pay to us my future applicable tax imposed on us,our suppliers or you in connection with the performance of the work described. 0 You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water,stored materials,and debris. You agree W provide a safe workplace for our personnel,and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. You agree not to permit others to repair or replace any component parr of the Units(s)during the warranty term.If any Unit is malfunctioning or is in a dangerous condition,you agree to immediately notify us using the 24-how OTISLINEO service.Until the problem is corrected,you agree to remove the Unit from service and take all necessary precautions In prevent access or use. Escalator Units are designed only for trams portinggnpgpassengers. For escalator Units,you agree take all necessary measures prevent items from being conveyed,so that features designed to protect passengers and prevent property damage are not damaged. You agree toproperlyost,maintain,and reserve an and all instructions or warnings passengers in connection with the use of an Units.6 P P Y B P B Y If those elevator Units provided with firefighters'service are required by code to be tested monthly,you assume responsibility for perto=MIn and keeping a record ofsuch tests. During the term of this Warranty,we will maintain original wiring diagrams for Otis Units. Ifany part of the Units delivered or installed under this Agreement incorporates computer software,you agree that the transaction is not a sale of such software but a license to use such software solely for operating the Units for which such part was provided. You agree to keep such software in confidence asatudesecnelfa-Otis. Under each license,we audience you to do only the following: make a backup m archival copy ofthe software,provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy,display,transfer,adapt,modify,distribute, 0 reverse assemble,reverse compile,or otherwise translate the software code. You may not sublicense or assign the license for the software nor may you lease the software or any copy of it. You will not transfer possession of such part or equipment except as part of a transfer ofownership of the Units together w ith an assignment and assumption of rights and obligations under this agreement by the transferee providing drat lire transferee will be bound by M theseterms. Assignment will be subject to prior written permission ofow(which will not be unreasonably withheld). Any counters,meters,tools,remote monitoring devices,or communication devices which we may use or install under this Warranty remain our property, solely for the use of Otis employees. Such service equipment is not considered a pan of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it m the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree fo keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use,access,examine, copy,disclose or disassemble die service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason,we will be given access to your premises to repave the service equipment,including the resident software,at our expense. It is agreed that we do not assume possession or central of the Units,that such Units remain yours solely as owner and operator,lessee,or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal,state,or local law,code,ordinance or regulation. We will not be required:(i)to make any tests other than that as specifically set forth herein,(i)to make any replacements with parts ofa different design or type,(iii)to make any changes in the existing design of the Units,(iv)to alter,update,modernize or install new attachments to any Units,whether or not recommended or directed by insurance companies or by governmental authorities,(v)to make repairs or replacements necessitated by failures detected during or due to testing ofburied or unexposed hydraulic cylinders or piping. We will not be required to make any replacements,renewals,or repairs necessitated by any obsolete or discontinued part of the Units)or by reason of any cause beyond am control(except ordinary wear and tear)including, but nor limited to,fire,explosion,theft,floods,water,weather,earthquake,vandalism,misuse,abuse.mischief,or repairs by others. We will not be liable for any loss,damage or delay due to any cause beyond our reasonable control including,but not limited to,acts ofgovemmem,labor disputes,strikes,lockouts,fare,explosion,theft,floods,water weather,earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God. You agree to pay a late charge from the date such sums become due of ape and one-half percent(1.5%)per month,or the highest legally permitted rate, whichever is less,on any balance past due for mom than thirty(30)days,together with all costs (including,but not limited to,attorneys'fees)incurred by as to collect overdue amounts. Failure 0 pay any sum due by you within sixty(60)days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable its liquidated damages,and unfil the same are paid be discharged from further obligations under the Warranty This proposal,when accepted by you and approved by our authorized representative,will constitute the entire and exclusive Warranty between us for the services to be provided and your authorization to pertorm as outlined herein. All prior or contemporaneous oral or written representatimre or agreements net incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for you administrative or billing identification purposes only,and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing Warranty until this proposal is fully executed. This Warranty may not be changed,modified,revised oramended unless in writing signed by you and anauthoracd representative of Otis. Further,any manual changes to this Earn will not be effective as to Otis unless initialed in the margin by an authormd representative of Otis. C OTIS ELEVATOR COMPANY,1995,1998 All Rights Reserved 1l5`ACT Form MNT-EWP(liO3) Proposal# Page 2 of 3 EXTENDED WARRANTY PRICE Five Hundred Ninety Seven Dollars &921100 ($597.92) per month The Warranty Price will be adjusted annually to reflect increases or decreases in material and labor costs. A. Material Fifty Nine Dollars&79/100($59.79) of the original Warranty Price will be increased or decreased by the percent increase or decrease shown by the index of"Producer Commodity Prices for Metals and Metal Products" published by the U.S.Department of Labor,Bureau of Statistics for the price adjustment month compared with the index on 05/0112014 which was 215.2. 0 B. Labor 0 Five Hundred Thirty Eight Dollars& 13/100($538.13) of the original Warranty Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost for the price adjustment month compared with such straight time hourly labor cost on 0110 1/2 01 4 which was$ 82.570.The phrase"straight time hourly labor cost"means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. WARRANTYTERM Beginning on the Effective Date of this Addendum,the Term of the Warranty referred to will be extended for an additional one(1)years,and will continue thereafter for additional one(1)year periods unless terminated as follows. Either party may terminate the Warranty as modified herein at the end of the Term or at the end of any subsequent one(I)year period by giving the other party at least thirty(30)days written notice by way of certified mail prior to the end of the then current Term. This proposal,when accepted by you below and approved by our authorized representative,will become binding agreement. All other terms,conditions,and obligations in the Warranty referred to are to remain in full force and effect. This quotation is valid for ninety(90)days from the proposal date. THE EXPRESS WARRANTIES EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY WARRANT]ES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.IN ADDITION,UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BUT NOT LIMITED TO,PINES OR PENALTIES,LOSS OF PROFITS,LOSS OF RENTS,LOSS OF GOOD WILL,LOSS OF BUSINESS OPPORTUNITY,ADDITIONAL FINANCING COSTS,OR LOSS OF USE OF ANY EQUIPMENT OR PROPERTY,WHETHER IN WARRANTY,TORT,INCLUDING NEGLIGENCE,WARRANTY OR OTHERWISE. Submitted by: Accepted in Duplicate Mike Judd CUSTOMER OTIS ELEVATOR COMPANY Approved by A thor' ed$epresentativ Approved by Authorized R resentative Date: L,' Date: 7j , 7r Signed: Signed: / F,,, Mel Tnrong- Print Name: Print Name: Sales Manager Bt16 San Diege Title: Title: Name of Company: op RAW n6 Principal,Owner Authorized Representative of Principal or Owner Agent Name of Principal or Owner) APPROVED BY CIjY MANAGER b11i- Ab1o1 APPROV O FO t OTIS ELEVATOR COMPANY,1995.1998 All Rights Reserved 11TY F P osalN Page 3 of 3 ATTEST: C ATTOJMEY/ City Clerk OTI U0 DATE: August 8th,2014 TO: FROM: City of Palm Springs Otis Elevator Company 425 N. Civic Dr. 4949 Viewridge Ave. Palm Springs,CA 92263 San Diego,CA 92123 EQUIPMENT LOCATION: 0 Palm Springs Parking Structure 275 Indian Canyon Dr. Palm Springs,CA 92263 WARRANTY NUMBER: SD 05091 WARRANTY DATE: 07/01/2014 EQUIPMENT DESCRIPTION: Number of Units Type of Units Machine Numbers Three(3) Hydraulic Passenger 467018,467897&467898 We propose this Otis Extended Warranty Program to take effect as of the Warranty Date. Under this extended warranty we will employ the Otis Maintenance Management Systems (OMMS)maintenance 0 program to deliver service tailored to your building needs. Equipment type,component life,equipment usage,and building environment will be taken into account by the OMMS scheduled system, which will be used to plan maintenance activities in advance. As part of this Warranty we shall examine the Units using trained personnel directly employed and supervised by us. The examinations will include inspection,lubrication,adjustment,cleaning,and if conditions or usage warrant,repair or replace components as required in the OMMS program. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be provided. All work,including minor adjustment callbacks will be performed by trained employees during regular working hours of regular working days. All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. If overtime examinations,repairs or emergency minor adjustment callback services are later requested by you,you agree to pay extra for the overtime bonus hours at our regular billing rates. There will be no extra charge for the straight time portion. We will periodically examine the safety devices and governors of the traction and roped hydraulic Units. We will conduct an annual no load test and perform at each fifth year a full load,full speed test of the safety mechanisms, overspeed governors,and car and counterweight buffers. If required,the governor will be recalibrated and sealed for proper tripping speed,and elevator car balances will be checked. We will conduct an annual no load pressure relief valve test for hydraulic units. SPECIAL PROVISIONS II' C)OTIS ELEVATOR COMPANY, 1995.1998 All Rights Reserved Impact Form MNT-EWP(1/03) Proposalk Page I of 3 ORIGINAL BID AND/OR AGREEME:N CLARIFICATIONS This warranty shall not cover adjustments,repairs or replacement of parts due to negligence,misuse,abuse or accidents caused by persons other than Otis. In addition this Warranty does not cover car enclosures(including,but not limited to,wall panels,door panels,car gates,plenum chambers,hung ceilings, lighting,light diffusers,light tubes and bulbs,handrails,mirrors and floor coverings),mil alignment when affected by building compression or shifting, hoistway enclosures,hoistway gates,hoistway inserts and brackets,mainline disconnect switches,doors,door frames,sills,swing door hinges and closing devices,below ground or unexposed hydraulic cylinders and plungers,buried a unexposed piping,escalator balustrades,escalator lighting or wedge guards.Without affecting our obligation to provide service under this Warranty,you agree to permit us to train our personnel on the Units. This Warranty does not cover computer and microcomputer devices,such as terminal keyboards and display units,that are not exclusively dedicated to the elevator system. This Warranty does not cover telephones,intercoms,heat sensors,smoke sensors,communications equipment,or safety signaling equipment not installed by Otis,or instructions or warnings in connection with use by passengers. Payments will be made on an annual basis,due on or before the last day of the month prior to the billing period,beginning on the Commencement Date. The work shall be performed for the agreed price plus any applicable sales,excise or similar taxes as required bylaw. In addition to the agreed price,you shall pay to us any future applicable tax imposed onus,our suppliers or you in connection with the performance of the work described. You agree to provide us unrestricted ready and safe access to all areas ofthe building in which any part ofthe Units are located and to keep all machine rooms and pit areas free from water,stored materials,and debris. You agree to provide a safe work place for our personnel,and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. You agree not to permit others to repair or replace any component part of the Units(s)during the warranty,term. If any Unit is malfunctioning or is in a dangerous condition,you agree to immediately notify us using the 24-hour OTISLINFO service.Until the problem is corrected,you agree to remove the Unit from service and take all necessary precautions to prevent access or use. Escalator Units are designed only for transportinggnypg passengers. For escalator Units,you agree to take all necessary measures to prevent other items from being conveyed,so that features designed to protect passengers and prevent property damage are not damaged. You agree to properly post,maintain,and preserve any and all instructions or warnings to passengers in connection with the use of any Units. If those elevator Units provided with firefighters'service are required by code to be tested monthly,you assume responsibility for performing and keeping a record of such tests. During the term ofthis Warranty,we will maintain original wiring diagrams for Otis Units. If any part ofthe Units delivered or installed under this Agreement incorporates computer software,you agree that the transaction is not a sale of such software but a license to use such software solely for operating the Units for which such part was provided. You agree to keep such software in confidence as a trade secret for Otis. Under each license,we authorize you to do only the following: make a backup or archival copy ofthe software,provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy,display,transfer,adapt,modify,distribute, reverse assemble,reverse compile,or otherwise translate the software code. You may not sublicense or assign the license for the software nor may you lease the sof rware or any copy of it You will not transfer possession of such part or equipment except a i part of a transfer of ownership ofthe Units together with an assignment and assumption of rights and obligations under this agreement by the transferee providing that the transferee will be bound by these terms. Assignment will be subject to prior written permission of Otis(which will not be unreasonably withheld). Any counters,meters,tools,remote monitoring devices,or communication devices which we may use or install under this Warranty remain our property, solely for the use of Otis employees. Such service equipment is not considered a part ofthe Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use,access,examine, copy,disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. Ifthe service is terminated for any reason,we will be given access to your premises to remove the service equipment,including the resident software,at our expense. It is agreed that we do not assume possession or control of the Units,that such Units remain yours solely as owner and operator,lessee,or agent ofthe owner or lessee,and that you are solely responsible for all requirements imposed by any federal,stare,or local law,code,ordinance or regulation. We will not be required.(i)to make any tests other than that as specifically set forth herein,(ii)to make any replacements with parts of a different design or type,(in)to make any changes in the existing design ofthe Units,(iv)to alter,update,modernize or install new attachments to any Units,whether or not recommended or directed by insurance companies or by governmental authorities,(v)to make repairs or replacements necessitated by failures detected during or due to testing of buried or unexposed hydraulic cylinders or piping. We will not be required to make any replacements,renewals,or repairs necessitated by any obsolete or discontinued part ofthe Unit(s)or by reason ofany cause beyond our control(except ordinary wear and tear)including, but not limited to,fire,explosion,theft,floods,water,weather,earthquake,vandalism,misuse,abuse,mischief,or repairs by others We will not be liable for any loss,damage or delay due to any cause beyond our reasonable control including,but not limited to,acts of government,labor disputes,strikes,lockouts,fire,explosion,theft,floods,water,weather,earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God. You agree to pay a late charge from the date such sums become due of one and one-half percent(1.5%)per month,or the highest legally permitted rate, whichever is less,on any balance past due for more than thirty(30)days,together with all costs (including,but not limited to,attorneys'fees)incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty(60)days will be a material breach. We may a our option declare all sums due or to become due for the unexpired term immediately due and payable as I iquidated damages,and anti I the same arc paid be discharged from further obligations under the Warranty. This proposal,when accepted by you and approved by our authorized representative,will constitute the entire and exclusive Warranty between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only,and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing Warranty until this proposal is fully executed. This Warranty may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of Otis. Further,any manual changes to this form will net be effective w to(his unless initialed in the margin by an authorized representative of Otis. C OTIS ELEVATOR COMPANY, 1995,1998 All Rights Reserved IMPACT Form MNT-EWP(1/03) Proposal# Page 2 of 3 EXTENDED WARRANTY PRICE Five Hundred Eighty Three Dollars ($583.00) per month Fn The Warranty Price will be adjusted annually to reflect increases or decreases in material and labor costs. A. Material Fifty Eight Dollars&30/100($58.30) of the original Warranty Price will be increased or decreased by the percent increase or decrease shown by the index of"Producer Commodity Prices for Metals and Metal Products" published by the U.S.Department of Labor,Bureau of Statistics for the price adjustment month compared with the index on 05/01/2014 which was 215.2. B. Labor 0 Five Hundred Twenty Four Dollars& 70/100($524.70 ) of the original Warranty Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost for the price adjustment month compared with such straight time hourly labor cost on 0 1/0112 0 1 4 which was$ 82.570.The phrase"straight time hourly labor cost"means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. WARRANTY TERM Beginning on the Effective Date of this Addendum,the Term of the Warranty referred to will be extended for an additional one(1)years,and will continue thereafter for additional one(1)year periods unless terminated as follows. Either party may terminate the Warranty as modified herein at the end of the Term or at the end of any subsequent one(1)year period by giving the other party at least ninety(90)days written notice by way of certified mail prior to the end of the then current Term. This proposal,when accepted by you below and approved by our authorized representative,will become binding agreement. All other terms,conditions,and obligations in the Warranty referred to are to remain in full force and effect. This quotation is valid for ninety(90)days from the proposal date. THE EXPRESS WARRANTIES EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.IN ADD]FION,UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,BUT NOT LIMI I'ED TO,FINES OR PENALTIES,LOSS OF PROFITS.LOSS OF RENTS,LOSS OF GOOD WILL,LOSS OF BUSINESS OPPORTUNITY,ADDITIONAL FINANCING COSTS,OR LOSS OF USE OF ANY EQUIPMENT OR PROPERTY,WHETHER IN WARRANTY,TORT,INCLUDING NEGLIGE-CE,) ARRAVTY OR OTHERWISE. Submitted by: Accepted in Duplicate ud CUSTOMER OTIS ELEVATOR COMPA Y Approved by uthor' ed Representative Approved by Authorized Representative Date: Date: Signed: X Signed: tiy Print Name: Print Name: Title: Title: 7is Name of Company: 1 Principal,Owner or ASTO FOM Authorized Representative of Principal or Owner MkLkLaL mom Agent Name of Principal or Owner) DA7t Oilr wr 0 OTIS ELEVATOR COMPANY, 1995,1998 All Rights Reserved IMPACT Form MNI-EWP(1/03) Proposal# Page 3 of 3 CONTRACT SERVICES AGREEMENT OTIS ELEVATOR COMPANY THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on 2018, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Otis Elevator Company, a Elevator Maintenance Management System company, ("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 Elevator maintenance Management System Preventive Maintenance Program, for Downtown Parking Garage Elevator, ("Project"). B. Contractor has submitted to City a proposal to provide Elevator maintenance Management System Preventive Maintenance Program, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation. Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements. City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide Elevator maintenance Management System Preventive Maintenance Program, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of ServicesAA/ork and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. ■Revised: 082918 AIMU/UHALiHthMI-(\l l 720599.1 ORIGINAL BiD AND/OR AGREEMENT' 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 sen/ices 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." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $ 16,343.76. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment. Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such 2 Revised: 082918 720599.1 appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 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 unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 24 months, commencing on July 01, 2017, and ending on June 30, 2019, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. 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 such notice. City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice. Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice. Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section. Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. 3 Revised: 082918 720599.1 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Mike Judd, Senior Account 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. 5.1.1 Contractor has requested its insurer to modify its insurance endorsement cancellation provisions to delete any exculpatory wording and wording stating, in effect, that failure of the insurer to mail written notice of cancellation imposes no obligation on insurer. Contractor's insurer has refused to modify such language or guarantee that insured and the City, as additional insured, will be timely notified of any cancellation of Contractor's insurance required under this Agreement; Insurance under Exhibit B 6.3. Therefore, Contractor now agrees that should any insurance policies under this Agreement be cancelled before the expiration date for any reason. Contractor shall immediately notify the City, as named additional insured, of the policy cancellation. Failure of Contractor to immediately notify the City of the cancellation of any required insurance by the issuing company shall be considered a material breach and default of this Agreement and all services provided by Contractor shall cease until such time as evidence of sufficient and comparable replacement insurance naming the City as an additional insured is provided to the City as a cure. 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. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be 4 Revised: 082918 720399.1 an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Mike Judd Senior Account Manager 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law. Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 5 Revised: 082918 720599.1 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782,8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-professional sub contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition. Contractor shall require all non-design-professional sub-contractors, used or sub contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 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 6 Revised: 082918 720599.1 documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parlies. 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. 7 Revised: 082918 720599.1 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 8 Revised: 082918 720599.1 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first- class mail to the address set forth 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: Otis Elevator Company Attention: Mike Judd 4949 Viewridge Avenue San Diego, CA 92123 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severabilitv. 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. 9 Revised: 082918 720599.1 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "D v d)} V. I 1+c"C. -t^D^CLr'y^ Pu.b\ -c (Here insert name and bda ot ttia officer) On \ before me. personally appeared Ke -(og-n^rgj lYUt n,ct ^-e , who proved to me on the basis of satisfactory evidence to be the person(>() whose name(|!!^ is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hefftheir authorized capacity and that by his/her/their signatureOs) on the instrument the person(^, or the entity upon behalf of which the person(}^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V. L. HERNANDEZ [ COMM. #2087675 z Notary Public n California g San Diego CountyMy Cyntn. Expi^ [ Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT CcFy of Palm (Title or description of attached document) (Lo>r%-Hrac.t' (Trtle or description of attached document continued)(5j Number of Pages _! Document Date*^ (Title or description of attached document) CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer Trltie) □ Partner(s) □ Attorney-in-Fact □ Trustee(s)p. Other (2s-cn-t.rA\ IfyUxnuCc^-tr- 2015 Version www.NotaryClasses.com 800-873-9865 ^ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the worditig does tiot require the California notary la violate California notary law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nainc(s) of document signcr(s) who personally appear at the time of notarization. » Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. » The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufHcicnt area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type ofattached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). Securely attach this document to the signed document with a staple. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though Rilly set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Autfioritv. 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 die Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: David H. Ready, PhD City Manager APPROVED AS TO FORM: Edward Z. Kotldn, ' jj l City Attomey WPROVED BY CITY MANAGER ATTEST Apdfony Mejia City Clerk Date By: Brian Kegler General Manager THE UNDERSfCNEO HAS BEEN GRANTED SPECIFIC AUTHORITV o: ' TO ocN T!: • ^:ontract St. - " ACis.' v-vV.CZDGZ.V.INT 9 AT' '! HCCdTG AND MADE PAKE htRcQf 720599 I 7\o Revised: 1/31/16 ^ 'i. 8AH mMtJfgSJIOVfU 5HT 1DA:-- < ' : : • o iZ , t i -■ j >■ jA ''■■■■ ^:v/; A<-' . ^;>0ai^.A > " -' ." ■ "" -'A EDAiyyvnOYHOTaTO V Vii ■< Pa.^! ■' .-!-ft EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 11 Revised: 082918 720599.1 ons DATE: June 21.2018 TO: City of Palm Springs 425 N. Civic Dr. Palm Springs. CA 92263 FROM: Otis Elevator Company 4949 Viewridge Ave. San Diego CA 92123 EQUIPMENT LOCATION: Palm Springs Parking Structure 275 Indian Canyon Dr. Palm Springs, CA 92263 WARRANTY NUMBER: SD 05091 EQUIPMENT DESCRIPTION: Numb^ of Units Three (3) WARRANTY DATE: 07/01/2018 Type of Units Hydraulic Passenger Machine Numl>ers 467018.467897,467898 We propose this Otis Extended Warranty Program to take effect as of the Warranty Date. Under this extended warranty we will employ the Otis Maintenance Management System^' (OMMS) maintenance program to deliver service tailored to your building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS scheduled system, which will be used to plan maintenance activities in advance. As part of this Warranty we shall examine the Units using trained personnel directly employed and supervised by us. The examinations will include inspection, lubrication, adjustment, cleaning, and if conditions or usage warrant, repair or replace components as required in the OMMS program. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be provided. All work, including minor adjustment callbacks will be performed by trained employees during regular working hours of regular woiking days. All nuiintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. If overtime examinations, repairs or emergency minor adjustment callback services are later requested by you, you agree to pay extra for the overtime bonus hours at our regular billing rates. There will be no extra charge for the straight time portion. We will periodically examine the safety devices and governors of the traction and roped hydraulic Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of the safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. We will conduct an annual no load pressure relief valve test for hydraulic units. O ons EL£VATOR COMPANY. 199S. 1998 All Rights Reservetl Impact Fdnn MNT-EWP (1/03) Proposal#Page 1 of 4 SPECIAL PROVISIONS We will test the firefighters* service keyswitch on a monthly basis. If during the Initial firefighters* service test any elevator firefighters* service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable codes. O OTIS elevator COMPANY. 1995.1998 All Rights Reserved IMPACT Form MNT EWP (1/03) Proposal#Page 2 of 4 CLARlFtCATlONS This wananty sball noi cover aiQttstments. repaiis or icphcemcnl of pans due to itegligcncc, tiusose, abuscoracctdentscausedbypcisofis other than Otis. In addition this Wananty docs not cover car cnclosms (inchidhig. bin oat limited to. wall panels, door panels, car gales, pleiuim chatnben. huiig cetiings. lighting, light difltiscis. K^t Inbcs and bulbs, hasdimls. ouinHS and Itoor coverings), rail aTignment w4im aflixted balding contptesson or shifting, hdstw;^ eiKrksuies. hoistway gates, hoistway tnseiu and brackets, mainline disconnect switches, doors, door frames, sills, swing ttoor hinges and cinstng devices, below ground or unexpo^ hydraulic cyfindm and plungers, buried or onexposed {Kping. escalator balnsuades. escalator lighting or wedge guards. Withcxu affecting our cUigation to provide service oiider this Warranty, you agree to permit us to train our personnel on the Units. This Wonanqr ilocs not cover computer and microcomputer devices, such as teiminal keyboards and display units, that ate not cxdusivdy dedicated to the elevator systent. This Wananiy docs not cover telephones, intercoms, heat sensors, smoke sensors, communicaticms ctiuipment. or safety signaling eqmpment not installed by Otis, or instructions or warnings in coimccdao with use by passengers. Payments will be made on an annual basis, ihie on or before the last day of the month prior to the tnlEng period, beghinii^ on the Commencement Date. The work shall be performed for the agreed price phis any applkable sales, excise or similar taxes as reqwtcd by bw. In addition to the agreed price, you shall py to us any future applicable tax imposed 00 us. our suppliers or you in connection with the performance of the work described. You agree to provide us nnrestnctcd ready and safe access to aQ areas of itie baQding in wfiicfa any part of the Ihnts are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe wc^- place for mtr personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable bws and regulations. You agree not to permit others to repair or replace any component part of the Unitsfs) during the warranty teim. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-lHiur QTiSUNE® service. Until the problem is concctcd. you agree to remove the Unit from service and take OH necessary piecauiians to prevent access or use. Escalator Uidls are designed only for tran^xirting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers aitd prevent prapeny damage ore not damaged. You agree to properly post, roairttain. and preserve any and all instructions or wanungs to passengers in connection with the use of any Units. If those elevator Units provided with fircfi^tteis* service are required by code to be tested monthly, you assume rcsponabiliiy for performing atul keeping a recoid of stidi tests. During the term of (his Warranty, we will maintain original wiring diagtams for Otis Units. If any part of the Units ddivcied or installed under this Agreemctu incorpomtes computer software, you agree that dte uansaciion is not a sale of such software but a license to use such software solely for operating the Units for which such part was provided. You agree to keep such software in confidence OS a trade secret for Otis, Under each license, ive authorize you to do only the follawing: make a backup or archival cr^ of the software, provided you reproduce the copyright notice and any other l^end of ownctship on die copy. You may not otfierwise copy, dispby, liansfer. adapt, motfify. distribute, reverse assendtk, reverse compile, or otherwise lianslatc the software code. You may ntx subhcertse or asst^ tte license for llu s^ware nor may you lease the software or any copy of it. You will not inmsferposscsskm of such pan or equipment except as port ofatransferofowneishipof the Units together with an assignment and assumption of rights and obligations under this agreement by the transferee providing that the transferee wiD be bound by these terms. Assignment will be sitbject to prior written permissian of Otis (whtdi will not be unreasonably withheld). Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Warranty remain our pn^Krty, solely for the use of Gib employees. Such service equipment b not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to (he Units. You will restrict access to the service equipment to authorized Otb personnel You agree to keep the software resident in the service equipmem in confidence as a trade secret for Otb. You will not pcmut mhcts to use, access, examine, copy, dbch^ or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service b (crminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. ft b agreed that we do not assume possession or control of the Units, that such Units icmain yours solely as owner oitd qieiator, lessee, or agent of the owner or lessee, and that you arc solely responsible for all ttquiremems imposed by any federal, state, or local bw. code, ordinance or regulation. We will not be required: (i) to make any tests other than that as ^iccifically set forth hcrdn, (ii) to make any replacements with paiu of a diirercni design or type, (iii) to make any changes in the existing design of the Units, (iv) to aher. update, tiwderaize or install new attachments to any Units, wliether or not recommended or directed by insutatux companies or by governmental authorities, (v) to ntake repoiis or replacements necessitated by failures detected during or due to testing of buried or unexposed hydraulic cylinders or piping. We will not be required to make any replacements, rcmwab, or icpaiis necessitated by any obsolete or discontimicd pan of the Unit(s) or by reason of any cause beyond oar cotrtrol (except ordinary wear and tear) Including, but not limited to. fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief^ or repairs by others. We will not be liable for any loss, damage or deby due to any cause beyond our reasonable control including, but not limited to, acts of govcmmeni, bbor dbputes. strikes, lockouts, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commtMion, war, vaitdalbm, mbuse, abuse, mischief, or acts of God. You agree to py a bte charge from (he date such sums become due of one and onc-half percent (LS*!!!) per month, or the highest legally permitted rale, whichever b less, on any babnce past due for more than ihtny (30) days, together with all costs (including, but not limited (o. auomeys* fees) incurred by us to collect overdue amounts. Failure to py any sum due by yixi within sixty (60) days will be a material breach. Wc may at our option declare all sums due or to become due for the unexpircd term immediately due and pyable as hquidUed damages, and until the same arc pid be discharged from further obligations under the Wananty. This proposal, when accepted by you and approved by our authorized representative, will constitute the entire and exclusive Warranty between us for the services to be provided and your authorization to perform as outlined he^n. All prior or contemporaneous oral or written lepiesentations or agreements not incorporated herein will be superseded. Any putdtase tmler issued by you in connection with the services to be provided will be deemed to be issued for your administialive or billing idcatificalion prposcs only, and the parties hereto intend that the terms and conditions contained hcnrin will exclusively govern the services to be provided. We do not give up righu under any cxbting Warranty until Ihb proposal is fully executed. This Warranty may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to thb fonn will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. © OTIS ELEVATOR COMPANY, 1995.1998 All Rights Reserved IMPACT Form MNT-BWP (|A)3) Proposal#Page 3 of 4 EXTENDED WARRANTY PRICE Six hundred eighty dollars and ninety-nine cents Dollars ($680.99) per month payable annually. The Wairanty Price will be adjusted annually to reHect increases or decreases in material and labor costs. A. Material Sixty-eight dollars and ten cent Dollars ($68.10) oftheoriginal Warranty Prke win be increased or decreased by the percent increase or decrease shown by the index of "Producer Commodity Prices for Metals and Metal Prodticts" published by the U. S. Department of llabor. Bureau of Statistics for the price adjustment month compared with the index on 03A)1/2018 which was 218.700. B. Labor Six hundred twelve dollars and eighty-nine cents Dollars ($612.89) oftheoriginal Warranty Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost for the price adjustment month compared with such straight time hourly labor cost on 01/01/2018 wluchwas $ 94.236. The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. WARRANTY TERM Beginning on the Effective Date of this Addendum, the Term of the Warranty referred to will be extended for an additional one (I) years, and will cmttinue thereafter for additiotial one (1) year periods unless terminated as follows. Either party may terminate the Warranty as modified herein at the end of the Term or at the end of any subsequent one (1) year period by giving the other party at least ninety (90) days written notice by way of certiried mail prior to the end of the then current Term. This proposal, when accepted by you below and approved by our authorized representative, will become binding agreement. All other terms, conditions, and obligations in the Warranty referred to are to remain in full force and e8ect This quotation is valid for ninety (90) days from the proposal date. THE EXPRESS WARRANTIES EXPRESS WARRANHES CXINTAINEO HEREIN ARE IN tJEU OF AtX OTHER WARRANTIES. EXPRESS OR tMPUED. IKCLtmiNG ANY WARRANTIES OF MERCHANTABIUTY OR FITNESS FOR A PARTlCUUtR PURPOSE. IN ADDITION, UNDER NO aRCtJMSTANCES WILL WE BE UABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAt^ OF ANY KIND INCLUDING. BUT NOT LIMITED TO. HNES OR PENALTIES. LOSS OF PROFITS. LOSS OF RENTS. LOSS OF GOOD Wtti, LOSS OF BUSINESS OPPORTUNITY. ADDITiaNAL HNANCtNG COSTS. OR LOSS OF USE OF ANY EQUIPMENT OR PROPERTY, WHETHER IN WARRANTY, TORT. INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE. Accepted in Duplicate CUSTOMER Approved by Authorized Representative Date: Submitted by: James Lodge OTIS ELEVATOR COMPANY Approved by Authorized Representative Date: Signed: X Print Name: Title: Name of Company: Signed: Print Name: Title: □ Principal, Owner or Authorized Representative of Principal or Owner □ Agent (Name of Principal or Owner) O OTIS El£VATOR COMPANY. 1995. 1998 All Righls Reser>cd IMPACT Form MNT-EWP (1/03) ProposaW Page 4 of 4 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) ]2 Revised: 1/31/18 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required _ 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, n Revised: 1/31/18 720399.1 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 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance. Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiencv of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement/ 2. " This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." {"as respects City of Palm Springs Contract No. " or "for any and all work performed with the City may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail 14 Revised: 1/31/18 720599.1 such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the 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. Severabilitv of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised: 1/31/18 720599.1 UNITED TECHNOLOGIES OTIS ELEVATOR ACKNOWLEDGMENT Contract Number SD 05091 Your Order Number Date Acknowledged July 24, 2018 Thank you for your order Please refer to our contract number in all correspondence. Address all inquiries to: Otis Elevator Company 4949 Viewridge Avenue San Diego, CA 92123 Sold To City of Palm Springs Job Location Palm Springs Parking Structure Thank you for allowing us the opportunity to do business with your company. Enclosed is/are 1 signed copy(ies) of our Agreement with you. Our acceptance of this Agreement is conditioned by the following clarifications to its terms, whether specifically noted in the contract or as an additional document incorporated by reference or as a matter of law. It is also understood that our proposal is made a part of this Agreement and shall prevail over any contract specifications in conflict with the equipment to be furnished or our scope of work, and that the terms included herein will be deemed accepted by you upon our commencement of the Work. Article 4 Notwithstanding any other provision in the contract to the contrary, neither party shall be liable for any loss, damage or delay due to any cause beyond either party's reasonable control, including but not limited to acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, weather damage, flood, earthquake, riot, civil commotion, war, mischief or act of God. In the event of such delay noted previously, the completion date for Contractor's services shall be extended for a period equal to the length of the delay. Article 6 & Exhibit B We will supply the insurance certificate evidencing the insurance carried by us conditioned on the understanding that it represents full compliance with all insurance requirements applying to us on this project. Otis does not provide copies of its insurance policies, certified or otherwise. Coverage will be on an occurrence basis and in accordance with the coverage limits outlined in the contract documents. Renewal certificates will be provided during the term of the contract. In lieu of naming parties as additional insured, such parties shall be named insured on an Owner's and Contractor's Protective (OCP) Liability policy with a limit of $2,000,000. Delete all "minimum" or "not less than" references in this clause regarding minimum values. All values stated as insurance requirements shall be actuals. You shall maintain "All Risk" insurance upon the full value of our Work and material delivered to the job site, at no cost to Otis. Article 7 Notwithstanding any other provision to the contrary, we agree to indemnify you only for losses due to personal injury, or property damage to the extent caused by our negligent acts or omissions, or the negligent acts or omissions of our employees, agents and subcontractors during the performance of this contract, but not to the extent caused by others. Each party shall defend itself in the event of a lawsuit. This indemnification clause excludes Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Article 7.2 Not applicable as this is a Service/Maintenance Agreement. Article 8,2 Otis agrees, upon reasonable request, to substantiate that our billing is in conformity with the terms of the agreement and to furnish documents verifying each charge billed to the Customer on a time and material basis or to the extent required by law. Otis does not agree to other audit privileges. Article 8.3 Otis shall provide its maintenance personnel with the appropriate (as determined by Otis in its sole discretion) tools to enable Otis to troubleshoot, diagnose and maintain the equipment as provided in this Agreement. These tools shall remain the property of Otis and nothing in this Agreement shall be construed to obligate Otis to give, disclose or in any manner transfer such tools to the Customer or any third party. Any counters, meters, tools, remote monitoring devices, communication devices, resident software or other service equipment ("Otis Peripherals") which we may use or install to deliver service under this Contract remains our property, solely for the use of our employees. Otis Peripherals are not considered as part of the elevator. If this contract or subsequent maintenance service is terminated for any reason, we will be given access to the premises to remove the Otis Peripherals at our expense. Article 9.5 Under no circumstances shall either party be liable for special, indirect, liquidated or consequential damages of any kind including, but not limited to, loss of goodwill, loss of business opportunity, additional financing costs or loss of use of any equipment or property. Otis will provide union labor and will make reasonable efforts to ensure that they will work in harmony with others. To effect this, Otis agrees to provide sufficient workers, equipment and materials for prompt and diligent prosecution of the work. Notwithstanding any language to the contrary contained in the contract documents, a work stoppage, whether caused by strikes, lockouts or other labor disputes, shall not constitute a breach of contract or an event of default. GENERAL WARRANTY Otis' warranty is limited to the repair or replacement, at Otis' discretion, of defective materials and the correction of defective workmanship within a reasonable time for defects that are reported to Otis during the term of this contract. This warranty excludes damage due to external causes such as fire, water and weather, improper use, misuse, neglect or work by others. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OCCUPATIONAL HEALTH & SAFETY We agree to abide by Customer's Safety Policy as long as said policy is not in conflict with our own Safety Policy. Otis agrees to accept liability for the cost of penalties incurred by you pursuant to governing Occupational Health & Safety acts that result from our acts or omissions on the condition that the cost of any similar penalties imposed on Otis because of your acts or omissions or anyone employed by you shall be borne by you. SEARCHED AND TESTS Otis supports your efforts in attempting to maintain a safe, healthy and productive working environment; however, we cannot agree to authorize any party to search our employees or require our employees to submit to any tests. Otis will take appropriate action in the event that you advise us of any action by any of our employees that is contrary to the maintenance of a safe, healthy and productive workplace. SAFE ACCESS Customer agrees to provide Otis with unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials and excessive debris. WORK EXCLUDED Otis is not required to alter, update, modernize or install new attachments to any units, whether or not recommended or directed by insurance companies or governmental authorities. Otis will not be responsible for car enclosures (including but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light difflisers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, when affected by building compression or shifting hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, hydraulic cylinders, plungers, buried piping, escalator balustrades, lighting and wedge guards. Otis will also not be responsible for computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively dedicated to the elevator system, telephones, intercoms, heat or smoke sensors or communications or safety signaling equipment not installed by Otis, or instructions or warnings in connection with use by passengers. RESTRICTED PARTIES LAW If the event the transactions contemplated hereunder are restricted by U.S. Government or other applicable laws and regulations, including but not limited to those designating certain parties as "denied", "restricted" or similarly ineligible to do business with U.S. entities, this agreement will be deemed void and Customer shall pay Otis all sums owed for the goods and services that may have been provide up to such time according to the rates contained in this agreement. We want to take this opportunity to thank you for this order. OTIS ELEVATOR COMPANY Genera! Manage; Otis - San Diego ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate hoider is an ADDiTIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A M MARSH USA INC. /f ^ /O / 20 CHURCH STREET f 1 HARTFORD. CT 06103 CONTACT NAME; PHONE FAX IMC. No. Extl: IMC. No): E-MAIL ADDRESS: [NSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Har1ford Fire Insurance Company 19682 INSURED OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD FARMINGTON, CT 06032 INSURER B :National Union Fire Insurance Company of Pittsburgh, PA 19445 INSURER c lAmerican Home Assurance Company 19380 INSURER D ;New Hampshire Insurance Company 23841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:KSLYKR34 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN5P SUBR WYP POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A X COMMERCIAL GENERAL 1.IABILITY )E 1 X 1 OCCUR 02CSET10004 $2,000,000 general aggregate per location/project $10,000,000 policy general aggregate 04/01/2018 04/01/2019 / EACH OCCURRENCE $ 1,000,000 CLAIMS-MAC DAMAGE TO RENTED PREMISES (Ea occurrence) 2 300,000 MED EXP (Any one person)s 10.000 PERSONAL & ADV INJURY $ 1,000,000 GENl AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ 2,000,000 POLICY |_)y jEcf 1 1 LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY 02CSET10000 (A/O) 02CSET10019(HI) Hartford Underwriters Ins 04/01/2018 04/01/2019 / COMBINED SINGLE LIMIT (Ea accident)S 1,000,000 X ANY AUTO HEDULED TOS )N-OWNED TOS ONLY BODILY INJURY (Per person)$ OWNED AUTOS ONLY HIRED AUTOS ONLY SO Al BODILY INJURY (Per accident)s NC Al PROPERTY DAMAGE (Per accident)s $ A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS-MADE 02HUT10021 04/01/2018 04/01/2019 EACH OCCURRENCE S 10,000,000 AGGREGATE S 10,000,000 DED RETENTION S $ B C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y 1 N ANY PROPRIETORffARTNER/EXECUTIVE f-n OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) " ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A CT WCfSIR 2.5MM)EX COV- 6583040 CA-015519205 FL-015519206, MA-015519212 MN-015519208, MULTI-015519204 MULTI-015519207,MULTI- 015519211 04/01/2018 04/01/20,19 v/ Y PER OTH-■A STATUTE ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE 3 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Owners' and Contractors' Protective 02CSET31000 04/01/2018 04/01/2019 Occurrence Aggregate $ 2,000,000 $ 2,000,000 $ $ 5 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) J.| ~ This certificate only applies to SD 05091 —■' —Palm Springs Parking Structure, 275 S. Indian Canyon Dr., Palm Springs, OA ^4 City of Palm Springs, California is named insured on the OCP and the insurance policies include a waiver of subrogation, both to the extent required by^SBntract-with OTISELEVATOR COMPANY. ' " — P ^ -r, 1UD > ni P 32> ^ CERTIFICATE HOLDER CANCELLATION c ®SHOULD ANY OF THE ABOVE DESCRIBED POLICIESfBE CA(^LLED:BEF0RETHE EXPIRATION DATE THEREOF, NOTICE WILL B^^ELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs 3200 Tahquitz Canyon WayPalm Springs, CA 92262 ^ w AUTHORIZED REPRESENTATIVE dZV' •005679/2-S 0-B 0--D 005679 Page 1 of 2 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD s- V OWNERS AND CONTRACTORS PROTECTIVE LIABILITY CERTIFICATE OF COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE is provided by the insurance company of the Hartford shown below; is provided on behalf of the Designated Contractor scheduled hereon; and consists of: A. This Certificate of Coverage. B. Owners and Contractors Protective Liability Coverage Form; and C. Any Endorsements issued to be a part of the Owners and Contractors Protective Liability Coverage Form and listed below: Insurer: Hartford Fire Insurance Company Policy Number: 02CSET3100 0 HARTFORD, CT 06115 Previous Policy Number:RENEWAL Issued to Named Insured and Mailing Address: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Designated Additional Insureds: City of Palm Springs, California Coverage Period: 04/01/2018 to 04/01/2019 12:01 a.m., standard time at your mailing address shown above. (Coverage Period means the period beginning with the inception date coverage is provided for the project specified herein and ending with the earlier of cancellation of coverage, expiration of coverage or completion of the project) Designated Contractor and Mailing Address: OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD FARMINGTON, CT 06032 Location of Covered Operations: Palm Springs Parking Structure 275 S. Indian Canyon Dr. Palm Springs, CA Contract Number: SD 05091 LIMIITS OF INSURANCE The Limits of Insurance, subject to all the terms of this Owners and Contractors Protective Liability Coverage Form that apply, are: Each Occurrence Limit 2,000,000 Aggregate Limit 2,000, 000 Premium: Included as part of the total Coverage Part premium, which is the responsibility of the Designated Contractor. Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Owners and Contractors Protective Liability Coverage Form: Issue Date: 03/22/2018 Form MS 78 71 01 DO (c)2001. The Hartford kslykr34 Page 2 of 2 EXCERPTED PROM: POLICY HUMBSR: 02C5ET1000a o COMMERCIAl. AUTOMOBILE HA 9016 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This Bndorsemenl modifies Insurance provided under the foUawIng: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Oi^antzaUons The Named insured shown In the Declarations Is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not inctude any subsidiary that is an Insured" under any other automobile poDcy or would be an "insured" under such a policy but for its termination or (he exhaustion of Its Limit of insurance. (2) Any organization that Is acqufied or formed by you and over which you maintain majority ownersNp. However, the Named Insured does not Induda any newly formed or acqdred organizalion: (a) That is a parln^ship or jdnt venture, (b) That Is an "insured" under any other policy, (c) That has exhausted Its Limit of Insurance under any other policy, or (d) 180 days or more after Its acqifisitlon or formation by you, unless you have given us notice of the acquisition or fbrmation. Coverage does not apply to 'bodily Injury" or "property damage" that results from an "acddent* that occurred before you formed or acquired the organization. B. Employees as inaurads Paragraph A.1. - WHO IS AN INSURED - of SECTION tl - LIABILITY COVERAGE Is amended to add: d. Any "employee" of yours while using a covered "auto" you doni own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" whfie the 'auto' is leased to you under a written agreement If: (1) The agreement requkes you to provdde direct primary insurance for the lessor and (2) The "auto" Is leased without a cfaiver. Such a leased "auto" will be considered a covered "auto" you own and not a covared "auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A.I. • WHO IS AN INSURED - of Se^n II - Liability Coverage is amended to add: f. When you have agreed, a written contract or written agreemenL that a person or organization be added as an additional Insured on your ^ business auto policy, such person or organization is an "insured", but only to the extent such person or o^anizatlon is ilable for "bodily Injury" or "property ctemage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Form HA 9916 0312 ® 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.}Page 1 of 5 The Insurance afforded to any such additional Insured applies only if the "bodily Injury" or "property damage" occurs: (1} During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of ttie period of time that the written contract requ^ such Insurance be provided to the additional Insured. (2) How Limits Apply If you have agreed In a written contract or written agreement that another person or organization be added as an additional Insured on your policy, the most we will pay on behalf of such additional Insured is the lesser of: (a) The limits of insurance spedfled In the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to limits of Insurance shown in the Declarations and described In IMa Section. (3) Additional Insureds Other Insurance If we cover a daim or "suir under this Coverage Part that may also be covered by other insisance available to an additional insured, such additional insured must submit such claim or "sult^ to the other Insurer for defense end Indemnity. However, this provision does not apply to the extent fiial you have agreed In a written contract or written agreement that this insurance is primary and non> contributory with the addittonal Insured's own Insurance. (4) Dulles In The Event Of Acddenl, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional Insured on your poUcy, Ihe additional Insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS - OF SECTION IV - BUSINESS AUTO CONDITIONS, In the same manner as the framed Insured. 2. E. Primary and Non*Contrfbutory If Required by Contract Only with respect to Insurance provided to an addllional Insured fn I.D. - Addiilonai Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This Insurance Is primary if you have agreed in a written contract or written agreement that this insurance be primary, if other Insurance is also primary, we wW share wtth aO that other insurance by the method described in Other insurance S.d. (4) Primary And Ncn-Conlributory To Other insurance When Required By Contract If you have agreed in a written contract or written agreement that this Insurance is primary and non-contributory with the additlonai insurecfs own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the addiilonai Insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the kisured against any "suit" if any other Insurer has a du^ to defend the insured against that "sidt". If no other Insurer defends, we wUI undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. When this Insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds Ihe sum of (1) The total amount that ail such other Insurance would pay for Ihe loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share Ihe remaining ioss, If any, by the method described in Other Insurance S.d. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your tfrection will be considered an "auto" you hire. The OTHER INSURANCE Condition Is amended by adding the following: Form HA 99 16 03 12 © 2011, The Hartford (includes copyrighted material of ISO Properties, Inc., with its permission.)Page 2 of 5 If an "employeeV personal Insurance also applies on an excess basis to a covered "^auto" hired or rented by your "employee* on your behalf and al your direction, this insurance will be primary to the "employee's" personal Insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FEaOW EMPLOYEE - of SECTION II - UABIUTY COVERAGE does not apply If you have workers' compensalion Insurance in-force covering all of your "employees*. Coverage Is excess over any other collectible Insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos* for Liability Coverage and If Comprehensive, SpecIRed Causes of Loss, or Coitlslon coverages are provided under this Coverage Form for any "auto* you own. then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, sut^ect to the following ilmH The most we will pay for "loss* to any hired "auto" is: (1) $100,000; (2) The actual cash value of the demaged or stolen property at the Ome of the loss"; or (3) The cost of repairing or replacing the damaged or stolen property. whichever Is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to loss" caused by fire or lightning. Hired Auto Physical Damage coverage Is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "aulo" you own. We will also cover loss of use of the hired "aulo" If it results from an "acddent". you are le^lly liable and the lessor Incurs an actual financial loss, subject to a maximum of $1000 per "acddent". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "emptoyees". parsers (If you are a partnership), members (If you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE. In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the lima of the "loss" and the "outstanding balance" of the loanflease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, cretflt life Insurance, health, accident or disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following Is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an alrbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 • EXCLUSIONS • of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.C, and 4.d, do not apply to equipment designed to be operated solely by USB of the power from the "auto's* electrical system thaL at the time of loss". Is: (1) Permanently Installed In or upon the covered "auto"; (2) Removable from a housing unit which Is permanently Installed In or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described In Paragraphs (1) and (2) above; or Form HA 9916 0312 © 2011. The Hartford (Includes copyrighted material of ISO Properties. Inc.. with Us permission.)Page 3 of 5 (4) Necessary for the nomial operation of the covered "auto* or the mortitoring of the covered "auto's" operating system. b.Section III - Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance. Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage. Limit of insurance, Paragraph C are each amended to add the following: $1,500 Is the most we will pay for 'lass' In any one "accldenr to all electronic equipment (other than equipment designed SGlety for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the lime of "loss", Is: (1) Permenenlly installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the Installation of such equipment; (2) Removable from a permanently Installed housing unit as described tn Paragraph 2.a. above or Is an tntegrai part of that equipment; or (3) An Integral part of such equipment. c.For each covered "auto", should loss ba limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment ^11 tie reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we wHI pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the follow^ is added: No deducUbie applies to glass damage If the glass Is repaired rather than replaced. 11. TWO OR IMORE DEOUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If anothar Hartford Financial Services Group. Inc. company policy or coverage form that Is not an automobile policy or coverage fonn applies to the same "accident", the Ibllowing applies: (1) If the deductible under this Business Auto Coverage Form Is the smaller (or smallest) deductible. It will be waived; (2) If (he deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible. It will be reduced by the amount of the smaller (or smallest) deductible. 12. AlVIENDED DUTIES IN THE EVENT OF ACCtDENT. CLAItVI, SUIT OR LOSS The requirement In LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT.CLAtM. SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "acddant" applies only when the "accident" Is known to: (1) You, If you are an individual; (2) A partner, Ifyou are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, If you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintenllonaHy fall to disclose any hazards existing at tlie Inception date of your policy, we will not deny coverage under this Coverage Form because of such fatture. 14. HIRED AUTO-COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POUCY PERIOD. COVERAGE TERRITORY - of SECTION fV - BUSINESS AUTO CONDITIONS Is replaced by the following: e. For short-term h^ "aulos", the coverage territory with respect to Uablllty Coverage is anywhere In the world provided thai If the "Insured's" responsibility to pay damages for "bodily Injury" or "property damage" Is determined In a "sulL" the "suit" Is brought In the United Stales of America, the terdlories and possessions of the United States of America, Puerto Rico or Canada or In a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the fbllovrfng: Form HA 9916 0312 ® 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.)Page 4 of 5 y We waive any right of recovery we may have against any person or organization with whom you have a vrritten contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily Injury" in SECTION V- DEFINITIONS Is replaced by ttie following: "Bodily Injury" means bodily Injury, sickness or disease sustained by any person. Including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mafi or deliver to the first Named Insured written notice of cancellalion at least 60 days before the effective date of cancellation. 18. HYBRID. ELECTRIC, OR NATURAL VEHICLE PAYMENT COVERAGE GAS In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specifled Causes of Loss, or Collision coverages are provided under this Coverage Form, (hen such Physical Damage Coverages are amended as follows: a.lf the auto Is replaced with a "hybrid" auto or an auto powered solely by electrlctty or natural gas, we will pay an additional 10%, to a maximum of $2,500, of lha "non-hybrid" auto's actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of a bill of sate or new lease agreement received by us wittiln 60 calendar days of the data of "loss," 0. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one loss" Is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto Is defined as an auto that uses only an internal ccmbustion engine to move the auto but does not Include autos powered solely by electricity or natural gas. b.A "hybrid" auto Is defined as an auto with an (ntemal combustion engkie and one or more electric motors: and (hat uses the Internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to chaige one or more electric motors, which move (he auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss lo an "auto" for which Comprehendve, Spedflad Causes of Loss, or Caillslon coverages are provided und^* this Coverage Form, Ihen such Physical Damage Coverages are amended to add the following: In addiUcn to the actual cash value of the "aub", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total toss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnellcally affixed to (he vehicle are not considered vehicle wraps. Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.)Page 5 of 5 POLICY NUMBER: 02 CSE TiOOOO COMMERCIAL AUTO OA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POUGY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the fotiowing: 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 Fonn apply unless modified by this endorsement TWs endorsement identifies perscn(s) or ofganizatlon(s) who are ^^surBds'' for Covered Autos LiablTrty Coverage under tiie Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the poDcy unless another Is indicated below. Named Insured: united technologies corporation Endorsement Effective Date: 04/01/2018 SCHEDULE Name Of Person(s) Or OrganlzatIon(s}; ANY PBRSOJI OR OHQANI2ATIOM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT TO NAME AS ADDITIONAL INSURED. Irrfbrmation required to complete this Schedule, if not shown above, will be shown In the De^grations. Each person or organization shown in the Schedule is an Insured" for Covered Autos Liability Coverage, but only to extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section It - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph DJZ. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. o OA 20 481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 EXCERPTED FROM; POLICY NUMBER: 02CSET10004 EFFECTIVE DATE: 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the fcilowing additional Conditions: A. U this policy Is cancelled by (he Company, olhsr than for nonpayment of pfemium, notice of such cancellation will be provided at least thirty (30) days in advance of the canceiialton effective date to the certificate holder(s} with mailing addresses on file v'fllh the agent of record or the Company. B. If this policy Is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation wiO be prowded within {10} days of the canceiiation elective date to the certificate hotder(5} with mailing addresses on (lie vvilh Ihe agent of record or the Company. If notice Is mailed, proof of maElng to the last known mailing address of Ihe certificate hoiderfs) on fSe v/ilh the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificale hotder{s) who were Issued a certificate of insurance applicable to mis policy's term Failure to provide such notice to the certificate hafder{s) will not amend or extend (he dale the cancellalan becomes effective, nor will it negate cancellal on of the pcBcy. Failure to send notice shall Impose no liability of any kind upon the Company or its agents or represenlativas. Form IH 0313 0511 ® 2011, The Hartford Page 1 of 1 Auto EXCERPTED FROM: POLICY NUMBER: 02CSET10000 EFFECTIVE DATE: 04/01/2018 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the folowlng addilionaJ Contfinons: A. If this policy Is cancelled by the Ccmpany, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days ir> advance of the cancellation effective dale to the certificate hDlder(s) with mailing addresses on file with thd agent of record or the Company. B. If this policy is cancelled by Ihe Company for nonpayment of promlum, or by the insured, notice of such cancellation v/ill be provided v/ilhin (10) days of the cancellation effective date to the certificate hofderfs) with mailing addresses on file with tfw agenl of record or the Company. If notice Is mailed, proof of mailing lo the last known mailing address of the certillcals holder(s) on Rte with the agent of record or the Company will be sulTic enl proof of notice. Any notlflcalion rights provided by this endorsement apply only to acUve certificale ha!der(s) who were issued a certificale of insurance applicable to this poFc/s term. Failure to provide such notice to the certificate holder(s) will nol amend or extend Ihe date the cancellaUcn becomes effective, nor vnD it negate cancellation of Ihe policy. Failure to send notice shall Impose rKj nabllily of any kind upon the Company or its agents or representatives. FormlH 0313 0611 © 2011, The Hartford Pago 1 of 1 POLICY NUMBER: 02 CSE TID004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY A. The amended Other Insurance condition In Paragraph B. below applies only to persons or organizations qualifying as additional Insureds under this policy, subject to afi other applicable terms and ccndltions not modified by this endorsement As respects any person or organization qualifying as a Named Insured under this policy, the Other Insurance concfillon Is nol amended and continues to apply on an excess basis. B. With respect to Insurance provided to persons or organizations described In Paragraph A. above, the Other Inauranee condition In the Conditions Section Is replaced by the follawing: Other Insurance 1. Primary Other Insurance If you have agreed In a written contract or written agreement to provide prhnary insurance to the addlQonal Insured, than this insurance will be primaiy. Addltlonally, to the extent that you have agreed with an additional Insured that this Insurance shall apply on a non-contributory basis with other Insurance available to that additional insured, we will not se^ contribution from such additional insurecfs other Insurance. This provision does not apply to other Insurance to which such additional insured has been added as an additional Insured. If other Insurance Is also primary, we will share with all that other insurance by the method described In Paragraph 2. below. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we wiQ follow this method also. Under this approach each Insurer contributes equal amounts until it has paid Its ai^licable limit of Insurance or none of the loss remains, whichever comes firsL If any of the other Insurance does not permit contribuUon by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of Its appllcat)le Itmll of insurance to the total applicable limits of insurance of all insurers. Form GT 20 32 0412 © 2012. The Hartford Pago 1 of 1 Policy Number 02 CSE TIOO04 Effective Date: 04/01/201B Named Insured and Address: qnitbd technologies corporation EndtNo SPRINGS ROAD PARMINGTON, CT 06032 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name of Persons orOi^anlzatlon: BLANSCET WHERE REQOIRED BY WRITTEN CONTRACT (If no entry appears above. Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The Transfer of Rights of Recovery Against Others To Us Condition (Section IV) is amended by the addition of the following; We waive any right of recovery we may have against the person or oiganlzatlon shown In the Schedule above because of payments we m^e for Injury or damage arising out ot 1. Your ongoing operations: or 2. "Yourwork" included In the "products-completed operations hazard" and which are done under a written contract with that person(s) or ofgan'ization(s). The waiver applies only to the perBon(s) or organizatiGn(s) shown in the Schedule above. Form GN 24 04 15 (ED. 02/96) Printed In US A (NS) (c) 1996, The Hartford (Includes copyrighted material of Insurance Services Office with Its permission. Copyright, Insurance Services Office. 1992) Policy Numben 02 cse T10004 COlVnVIERCIAL GENERAL UABIUTY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Pefson(s) Or Organizatfonfs): AHY PERSOK OR OROANIZATIOH WHOM YOU HAVE. TKR0U6K HRITTBN CONTRACT. AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR ONGOING OPERATIONS (AS PER ISO FORM CG 20 10 07 04 OR ITS EQUIVALENT). Locatlon(s) Of Covered Operations ANY LOCATION THAT IS COVERED BY. OR SUBJECT TO A HRITTBH CONTRACT UNDER WHICH OTIS ELEVATOR COMPANY HAS AGREED TO PROVIDE THIS INSURANCE Infbmiation required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section II • Who Is An Insured Is amended to include as an ecklillonal Insured the person(8) or organlzallon{s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injur/ caused. In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In Uie performance of your ongoing operations for the additional insured(a) at the iQcation(s) designated above. B. VMth respect to the Insurance afforded to these additional insurads. the foBowIng additional exclusions apply: This Insurance does not apply to "bodily injury" or "property damage" occurring after (1) All woik, including mateiials, parts or equipment furnished In connecfton with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional in8ured(8) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en gaged In performing operations for a principal as a part of the same project CG 20 10 07 04 (c) ISO Properties, Inc., 2004 Page 1 of 1 POUCY NUMBER: 02 CSB T10004 COMMERCIAL GENERAL LIABIUTY CG 20 37 07 04 THfS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Thte endorsement modifies insurance provided under the fbllowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personls) OrOrganlzatlon(s): ANY PERSON OR ORGANIZATION NHOK OTIS ELEVATOR COMPANY HAS THRODGH WRITTEN CONTRACT AGREED TO PROVIDE INSURANCE PROTECTION FOR LIABILITY CAUSED BY YOUR COMPLETED OPERATIONS (AS PER ISO FORM CG 20 37 07 04 OR ITS EQUIVALENT) Location And Description Of Completed Operations ALL LOCATIONS THAT ARE LISTED IN WRITTEN CONTRACTS OR AGREEMENTS Information required to complete this Schedule. If not shown alMve, will be shown in the Declarations. Section 11 • Who Is An Insured is amended to include as an additional Insured the per3on(s) or oroanizal!on(s) shown in the Schedule, but only with respect to liability for "bodily it^uiy" or "^iroperty damage*' caused, in whole or In part, by "your work' at the location designated and described in the schedule of this endorsement performed for that additional fosured and Included in the "products'completed operations hazard". CG20a7 0704 (c) ISO Properties, Inc., 2004 Page 1 of 1 POUCY NUMBER: 02 HU TIO021 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION • PRIMARY OR PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT A. The amended Other Insurance condition In Paragraph B. below applies only to persons or organizations quailing as additional Insureds under this policy and as additional Insureds und«- 'underlying Insurance", subject to all other appilcabie terms and conditions not modlfled by this endorsement As respects any person or organization qualttying as a Named Insured under this policy, the Other Irtsuranca condition Is not amended and continues (0 apply on an excess basis. B. Solely as respects the Insurance afforded to persons or organlzaffons described In Paragraph A. at}ove. the Other Insurance condition In Section IV - Condltfona is replaced by the following: Other Insurance 1. Excess Baals Unless the drcumstancea descrftied In Paragraphs 2. or 3. below apply, this insurance Is excess over any otiier insurance, whettier prtmary, excess, contingent or on eny other basis, except when purchased spadlically to apply in excess of this Insurance. 2. Primary Insurance When Required By Contract If you have agreed In a written contract, written agreement or permit to provide primary Insurance to the additional Insured, then, alter the 'underlying Insurance* Is exhausted, this Insurance will be primary. If other insurance Is also primary, we will share with all that other insurance by the method described In Paragraph 4. below. 3. Primary And Non<Conlributory To Other Insurance When Required By Contract if you have agreed In a written contract, written agreement, or permit to provide Insurance to (he additional Insured that Is primary and non-contributory, than, altar Ihe 'underlying Insurance" Is exhausted, this insurance wlQ be primary and we will not seek contribution from the additional Insurad's own Insurance. Paragraphs 2. and 3. do not apply to other Insurance on which the addttlonal Insured quaGiies as an additional insured pursuant to the terms of that policy or has been added as an addttlonal kisu^ by endorsement. 4. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we wlQ follow this method also. Under this approach each Insurer contributes equal amounts until It has paid Its appflcable limit of Insurance or none of the loss remains, whichever comes first If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. tJnder this method, each Insurer's share Is based on the ratio of Its appficable 8mit of insurance to (he total appHcable limits of insurance of all Insurers. Form XN 20 0013 (ED. 09/11) ® 2011, The Hartford Page 1 oil BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception dale of the policy unless a different date is indicated below. (Tha (oBowino 'attactilng clauaa" need be completed only when this endorsement is issued subsequent to preparation of ttie polcy). This endorsement, effective 12:01 AM 04/01/2018 forms a part of Policy No. WC 015-51 -9205 Issued to UNITED TECHNOLOGIES CORPORATION By AMERICAN HOME ASSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2,00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by (Ed. 11/90) Authorized Representative Page 4 of 4 H5JPTZ4N EXCERPTED FROM: POLICY NUMBER: 02CSET10000 EFFECTIVE DATE: 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the foliawing additional Conditions: A. If this poticy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder{5) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the Insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate ho!der(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on nie with the agent of record or the Company will be sufficient proof of notice. Any natiflcation rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor \wtll it rtegate cancellation of the policy. Failure to send notice shall Impose no Ilablllly of any kind upon the Company or Its agents or representatives. Form IH 0313 0611 ® 2011, The Hartford Page 1 of 1 Page 2 of 4 H5JPTZ4N EXCERPTED FROM: POLICY NUMBER: 02CSET10004 EFFECTIVE DATE: 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the foilowing additional Conditions: A. If this policy Is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days In advance of the canceSation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the Insured, notice of such cancetlation will be provided within (tO) days of the cancellation effective dale to the certificate hDlder(s} with mailing addresses on Tile with the agent of record or the Company. If notice Is mailed, proof of mailing to the last known mailing address of the certificate ho!der(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate hoider(s) who were Issued a certiricate of Insurance applicable to this policy's term Failure to provide such notice to the certificate holder(s) wilt not amend or extend the dale (he cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall Impose no liability of any l<lnd upon the Company or its agents or representatives. Form IH 03 13 0611 © 2011, The Hartford Page 1 of 1 Page 3 of 4 H5JPT24N OWNERS AND CONTRACTORS PROTECTIVE LIABILITY ^ CERTIFICATE OF COVERAGE jS, OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE Is provided by the insurance company of the Hartford shown below; is provided on behalf of the Designated Contractor scheduled hereon; and consists of. A. This Certificate of Coveraee. B. Owners and Contractors Protective Liability Coverage Form; arni C. Any Endorsements Issued to be a part of the Owners and Contractors Protective Liability Coverage Form and listed below; Insurer: Hartford Fire Insurance Company Policy Number 02CSET31000 HARTFORD, CT 06115 Previous Policy Number:RENEWAL Issued to Named Insured and Mailing Address: City of Palm Springs 3200 Tahititz Canyon Way Palm Springs, CA 92262 Designated Additional Insureds: City of Palm Springs, California Coverage Period: 04/01/2018 to 04/01/2019 12:01 a.m., standard time at your mailing address shown above. (Coverage Period means the period beginning with the inception date coverage Is provid^ for the project specified herein and ending with the earlier of cancellation of coverage, expiration of coverage or completion of the project) Designated Contractor and Mailing Address: OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD FARMINGTON, CT 06032 Location of Covered Operations: Palm Springs Parking Structure 275 S. Indian Canyon Dr. Palm Springs, CA Contract Number: SD 05091 UMIITS OF INSURANCE The Limits of Insurance, subject to all the terms of this Owners and Contractors Protective Liability Coverage Form that apply, are: Each Occurrence Limit 2 . 000. OOP Aggregate Limit 2. 000. 000 Premium: Included as part of the total Coverage Part premium, which is the responsibility of the Designated Contractor. Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Owners and Contractors Protective Liability Coverage Form: issue Date: 03/22/2018 Form MS 78 71 01 00 (c)2001. The Hartford KSLriCR34 Page Z of 2 Ai10-� A ORD® CERTIFICATE OF LIABILITY INSURANCE D 1Ai10712022D YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 20 CHURCH STREET, 8TH FLOOR CONTACT NAME: PHONE FAX AIC No): WREss, Otis.CertRequest@mBsh.can HARTFORD, CT 06103 INSURE $ AFFORDING COVERAGE NAIC0 INSURER A: National Union Fire lnSUfarce Co. Of Piltsbutair, PA 19M CN1030596%Obs-OCP2-22-23 _ INSURED OTIS WORLDWIDE CORPORATION INSURER 6: AIU Insurance Co 19399 INSURER C : OTIS ELEVATOR COMPANY INSURER D : ONE CARRIER PLACE FARMINGTON, CT 06032 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: NYC-010555012-08 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE OLS B POLICYNUMBER flMN1fDDrYYYYl IMMIDDITYYYILIMITS A X COMMERCIAL GENERAL LIABILITY g58410g 1210112022 1210112023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ] OCCUR "$2.000.000 General Aggfe9dte" ALTO ! ED PREMISES Me Cesar. $ 300,000 MED EXP (Any one person) S 10.000 "Per Project I Location" PERSONALS ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JEo- LOC PRODUCTS -COMPIOP AGG $ 2,000,000 $ OTHER B AUTOMOBILE LIABILITY 7281055 (ADS) 12101/2022 12/010023 COMBINED SINGLE LIMIT Ea accident $ 1000000 A X ANYAUTO 7281056 (MA) 12101/2022 12/01/2023 BODILY INJURY (Per person) $ A ULED AOWNED FjUTOS ONLY AUTOS 7281057 (VA) 12I0112022 1210112023 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Par accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X UMBRELLA LIAR X OCCUR 9584111 12101I2022 1210112023 EACH OCCURRENCE $ 10,W0,000 AGGREGATE S 10,000,000 EXCESS UAB CLAIMS -MADE DED I I RETENTION$ $ B 0 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY v I N OFFIC RANYPROPMEMBER EXCLUDED?ECUTIVE N (Mandatory in NHl NIA 35901953(ADS) 35901954 (CA) 38901955(WI) 12101/2022 12/01/2022 12/OW023 1210112023 12/01/2023 X PER OTH- STATUTE OR E.L. EACH ACCIDENT $ 1000 000 E.L. DISEASE -EA EMPLOYEE $ 1,000,660 M yes, describe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE -POLICY LIMIT $ 1,000,01)(I A OwnersKontradors Protective 9584112 12/0112022 12/0112023 OCC 2,000,000 AGG 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more specs Is required) This oemlicale only applies to SD 05091 Palm Springs Parking Structure, 275 S. Indian Canyon Dr., Palm Springs, CA City of Palm Springs, California is named insured on the OCP and the insurance policies include a waiver of subrogation, both to the extent required by Contract with OTIS ELEVATOR COMPANY. CERTIFICATE HOLDER nit—riurn CANCELLATION City of Palm Springs 3200 Tahquitz Canyon Way NOV 15 Z02Z SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Palm Springs, CA 92262 ACCORDANCE WITH THE POLICY PROVISIONS. City Hall Reception Desk AUTHORIZED REPRESENTATIVE of Marsh USA Inc �� " ACORD 25 (2016103) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0004600 SP 0449 -COt-P04602-1 City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 0449-01- 1-0009M5 AGENCY CUSTOMER ID: CN103059650 LOC #: Hartford CORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY POLICY NUMBER ONE CARRIER PLACE FARMINGTON, CT 06032 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DVB06344 Patin Springs Police Department, 200 South Civic Drive, Palm Springs, CA The Gty of Palm Springs, its officials, empbynim. agents and volunteers ire additional insured (except Workers Compensation) to the extent agreed under written contract. Insurance, when applicable to an additional insured and when specified in a written agreement among the parties, applies on a primary basis win no contribution by the additional insured. Policies provide for waiver of submgabon to the extent agreed under winter contract. Regarding notice of cancellation to certificate horkin(s). endorsemenf IH 03 130611 (copies atached) applies to auto and general liability policies. Notice of cancellation endorsement for the workers' compensator policies is attached - WC 99 0045, DVB-06344 ACORD 101 (2008/01) U 2008 ACCKD CUKPUKAI IUN. All rignts i The ACORD name and logo are registered marks of ACORD 0449 01-00-0004600-0002-000a606 Z POLICY NUMBER: 728-10-55 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: OTIS WORLDWIDE CORPORATION Endorsement Effective Date: 12/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization whom you have agreed, In written contract, will be entitled to this waiver of our rights of recovery The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident° or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 This endorsement, effective 12:01 AM 12/01/2022 forms a part of Policy No. WC 35901954 Issued to OTIS WORLDWIDE CORPORATION By A I U INSURANCE COMPANY Schedule (continued) Person or Organization MCCARTHY BUILDING COMPANIES, INC. 1341 N. ROCK HILL ROAD ST. LOUIS, MO 63124 MCCARTHY BUILDING COMPANIES, INC. 1341 N. ROCK HILL ROAD ST. LOUIS, MO 63124 MCCARTHY BUILDING COMPANIES, INC. 1341 N. ROCK HILL ROAD ST. LOUIS, MO 63124 COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF LOS ANGELES AND HOUSING AUTHORITY OF THE COUNTY OF LOSANGELES. CONTINUED NEXT PAGE Job Description KAISER WOODLAND HILLS INFRASTRUCTURE AND OPERATIONAL IMPROVEMENTS - PROJECT M 707670-108 PROJECT LOCATION: 5601 DE SOTO AVE., WOODLAND HILLS, CA 91367 PER CONTRACT WITH PACIDIC COAS ELEVATOR CORPORATION DBA AMTECH ELEVATOR SERVICES APPLIES TO S-169538.SIA-2978A. PROJECT: CSULA STUDENT STUDENT HOUSING EAST, 5151 STATE UNIVERSITY DRIVE LOS ANGELES, CA 90032 PROJECT -CONTRACT #7717-065R PROJECT: CANADA COLLEGE MATH & SCIENCES BUILDING, 4200 FARM HILL BLVD. REDWOOD CITY, CA 94061 PROJECT # 006287.000 ANY CONTRACT OR AGREEMENT ENTERED INTO PRIOR TO THE OCCURRENCE OF LOSS. WC 04 03 06COW (Ed. 0"4) 0449-01-00. 4600-0003-0009007 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1110812022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 20 CHURCH STREET, 8TH FLOOR CONTACT NAME: ---- ___ __ _ PHONE FAX AIC No AEDDR-MA0. 08s.Ce1R"uest@marsh.com E HARTFORD, CT 06103 INSURE S AFFORDING COVERAGE NAIC0 INSURER A: NBBonal Union Fire Insurance Co. Of Pittsburgh, PA 19M CN103059650-0Gs-STAND-22-23 INSURED OTIS WORLDWIDE CORPORATION INSURER B : AIU Insurance CO 19399 INSURER C : OTIS ELEVATOR COMPANY INSURER D : - - ONE CARRIER PLACE FARMINGTON, CT OW32 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-010451400-06 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR ADDLTYPEOFINSURANCE INSD MDSUBR POUCYNUMSFR MMODWY M/DD LICY EFF POLICY UP LIMITS A X COMMERCIALGENERALLIANUTY 9584109 12/01/2022 1210112023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR "f2,000,000 CaefMfal Aggregate' PREMISE Ea accurers S 300.000 MED UP (Any one s 10,000 'Per PmW / LocaBen" PERSONAL It ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000.000 POLICY [K] JECTPRO- LOC PRODUCTS-COMP/OP AGG S 2,000,000 $ OTHER. 8 AUTOMOBILE LIABILITY 7281055 (AOS) 12/0112022 12/01/2023 COMBINED SINGLE LIMIT Ea accidanl a 1000000 A X ANY AUTO 7281056 (MA) 12101/2022 12/012023 BODILY INJURY (Pe parson) $ A OWNED AUTOS ONLY SCHEDULED AUTOS 7281057(VA) 12101/2022 12/012023 BODILY INJURY (Per accident) S PROPERTYDAMAGE Pe aceiden l 4 X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X UMBRELLA LIAS X OCCUR 9584111 12/012022 12/01/2023 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10,000,000 EXCESS LIAR CLAIMS -MADE DIED I I RETENTION S B B B WORXERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/ UECUTIVE YIN OFFICnory In Nit) ExCLu0ED4 ❑N NIA 35901953(AOS) 35901954 (CA) 38901955(WI) 12101/2022 1210112022 12101/2023 121012023 12/012023 X SEATU E R E.L. EACH ACCIDENT S 1.000,OW E.L. DISEASE - EA EMPLOYE S 1,000,a10 If yes, describe under DESCRIPTION OF OPERATIONS Eebe E.L DISEASE - POLICY LIMIT $ 1 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Rama ras Schedule, may be attached If more spate is requiredt This certflcate only applies to CERTIFICATE HOLDER CANCELLATION City, of Palm Springs - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ann: City Clerk n'p P O Box 2743 NOV IiNH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 �lri Hdll AUTHORIZED REPRESENTATIVE peC§pejOMBMC$k Reception besk 717itZQCc ZC.S7'il �JoGG. ACORD 26 (2016103)1 © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0001817 SP 0453-001-P01017-1 City of Palm Springs Attn: City Clerk P O Box 2743 Palm Springs, CA 92262 0453-01-004=1817-0001-0004161 A 41 o1 ACORO® CERTIFICATE OF LIABILITY INSURANCE 11i Diiloe1 22DnYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 20 CHURCH STREET, 8TH FLOOR CONTACT NAME: (Af Na FAX No: ADE-MAILRESS: 01JECertRequeQuiarshcom D HARTFORD, CT 06103 INSURE S AFFORDING COVERAGE NAIC0 INSURER A: National Union Fire Insurance Co. Of Pittsburgh, PA 19445 CN10305965"s.STAND-22-23 INSUREDOTIS WORLDWIDE CORPORATION INSURER 8: AIU Insurance Co 19399 INSURER C : OTIS ELEVATOR COMPANY INSURER D : ONE CARRIER PLACE FARMINGTON, CT 06032 NURER E: NSURER F: COVERAGES CERTIFICATE NUMBER: NYG-010451399-06 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF ADDL SUER POUCYNUMBER POLICY EFF MMIDDMYY EXP MMMDr fYY DMITS A X COMMERCIAL GENERAL LIABILITY 9584109 12/01/2022 1210112023 EACH OCCURRENCE S 1,000,000 CLAIMS -MADE n OCCUR "92,gog,000 Generdl Aggregate'" PREMISES Ea ocaxrence $ 300,000 MED EXP (My one pasexam $ 10,000 "Per Project I Location". PERSONALS ADV INJURY S 11000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,W0,000 POLICY ff] jE� LOC PRODUCTS -COMPIOP AGG S 20001000 S OTHER. B AIROMONLEUABIL 7281055(AOS) 12/0112022 121012023 CEOMBBIINEEDD SINGLE LIM S 1,000,000 A X ANY AUTO 7281056(MA) 12JO112022 12JO1Y1023 BODILY INJURY (Per parson) S A AOWNED UTOS ONLY SCHEDULED AUTOS 7281057(VA) 12/0112022 121012023 BODILY INJURY (Per accident) S X PROPERTYDAMAGE Per accident S HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X UMBRELLA UAe X OCCUR 9584111 12/01/2022 12N12023 EACH OCCURRENCE $ 10,000,000 AGGREGATE S 10,000,000 EXCESS UAB CLAIMS -MADE DED I I RETENTIONS S B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXOFFCERMEMBEREXCLU ECUTIVE (Mrhdnory in NH) NIA 35901953(AOS) 35901954 (CA) 38901955(WI) 12JO112022 12101I2022 12I0112022 1211lX 12N112023 12/0112023 IPER OTH- sTATIrfE ER E.L. EACH ACCIDENT $ 7,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 9 yes, describe under DESCRIPTION OF OPERATIONS baba E.L. DISEASE -POLICY LIMIT S t DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedhda, may 6a aLlached if more space is required) This certificate only applies to DVO06344 Palm Springs Police Department, 200 South Civic Drive, Palm Springs, CA The Gty of Palm Sprngs, its officials, empbyees, agents and volunteers isime additional insured (except Workers Compensation) to the extent agreed under written contract. Insurance, when applicable to an add4bnal insured and when specified in a whiten agreement among the parties, applies on a primary basis with no centribufion by the additional insured. Policies provide for waiver of subrogation to the extent agrees under vmten contract, Regarding notice of cancellation to certificate holdeds), endorsement lH 0313 06 11 (copses attached) applies to auto and general liability policies. DVB-06344 CERTIFICATE HOLDER CANCELLATION City of Palm Springs RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P O Brix 2743 J NOV C202� ACCORDANCE WITH THE POLICY PROVISIONS. Palen Springs, CA 92262 AUTHORIZED REPRESENTATIVE City Hall Reception Desk / 71;1r K 47"e - © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD 0003921 SP 0452 -cot-P03M-1 City of Palm Springs Attn: City Clerk P O Box 2743 Palm Springs, CA 92262 0452-01.00-00039 1- 1-0003332 C"RbP CERTIFICATE OF LIABILITY INSURANCE PrW7 7114/2023DnYYY1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, LLC. 20 CHURCH STREET, 8TH FLOOR HARTFORD, CT 06103 CN 103059650-OCsSTAND-23-24 INSURED OTIS WORLDWIDE CORPORATION OTIS ELEVATOR COMPANY ONE CARRIER PLACE FARMINGTON, CT 06032 COVERAGES CERTIFICATE NUMBER: NYC-010451399-07 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR PODCYNUMBER MMILODNYYY MWDD/YYY LIMITS A X COMMERCIALGENERALUABILITY 9941236 12MI12023 1210112024 EACH OCCURRENCE $ 1,OD0,000 CLAIMS -MADE 1XI OCCUR "$2,000,000 General Aggregatee' PREMI ES Ea acaarenceI $ 300,000 MED EXP (Any one parson) $ 10.000 "Per Project I Location'" PERSONALS ADV INJURY $ 1,000.00 GEN1_ AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY�JF�T LOC PRODUCTS - COMP/OP AGG It 2,000,000 S OTHER A AUTOMOBILE LIABILITY M20236(AOS) 12/01I2023 12/0112024 COMBINED SINGLE LIMIT Ea acciderd $ 1000000 B X ANY AUTO 7620239(MAI 12/0112023 12JO112024 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) IS PROPERTYDAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR 90A1238 121012023 12101I2024 EACH OCCURRENCE $ 10,W0,000 AGGREGATE $ 10,000,OD0 EXCESS DAB CLAIMS -MADE DED I I RETENTION$ $ B g g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY v r N ANYICERIM MBER EXCLUDED' Oanclatry in N ftEXCLUDEDe (Mandatory in NH) NIA 049154390(ADS) 049154391 (CA) 049154392 I (�) 12/0112023 12Poi12023 WNW- 12/012024 121012024 X PER OTH- STATUTE ER E. L. EACH ACCIDENT $ 1.0ow E. L. DISEASE -EA EMPLOYEE $ 1,000,000 II yes describe urMer DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is requlre e This certificate only applies to DVB-06344 Palm Springs Police Department, 200 South Civic Drive, Palm Springs, CA The City of Palm Springs, its officials, employees, agents and votunleers islam additional insured (except Workers Compensation) to the extent agreed under written contract. Insurance, when applicable to an additional insured and when specified in a when agreement among the parties, applies on a primary basis win no contribution by the additional insured. Policies provide for waiver of subrogation to the extent agree: under vXitten contract. Regarding notice of Cancellation to certificate bolder(s), endorsement IH 0313 0611 (copies attached) applies to auto and general liability policies. DVB 06344 Ill:VI I a PTSI C i s Lei III q AG City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AM City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 2743 NOV 2 1 2023 ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 City Hall AUTHORIZED REPRESENTATIVE Reception Desk V 1988-2016 ACUKU COHPOHA I IUN. An rights reserve0. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 0004452 SP 0439-001-PW4544 City of Palm Springs Attn: City Clerk P O Box 2743 Palm Springs, CA 92262 0439-01-00-0004452-0001-0010149 AcoKbCERTIFICATE OF LIABILITY INSURANCE /� � �j b � DATE(/2023 YYYY) I 11I1512023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA, LLC. 20 CHURCH STREET, 8TH FLOOR LA//CON No. Exit* AIC No HARTFORD, CT 06103 E-MAIL ADDRESS: Otis.CertR ues marsh.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Insurance Co. Of Pittsburgh, PA 19445 CN103059650-06s-STAND-23-24 INSURED OTIS WORLDWIDE CORPORATION INSURER B: AIU Insurance Co 19399 INSURER C : OTIS ELEVATOR COMPANY ONE CARRIER PLACE FARMINGTON. CT 06032 INSURER D : - INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: NYC-010451399-08 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLiSUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY - - LIMITS A X COMMERCIAL GENERAL LIABILITY 9941236 12/01/2023 12/01/2024 EACH OCCURRENCE $ 1.000.000 CLAIMSMADEX 1 OCCUR "'$2,000,000 General Aggregate'" DAMAGE N E PREMISES Eac:currence $ 300,000 MED EXP (Any one person) $ 10,000 Per Project / Location"' PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER A AUTOMOEILE LIABILITY 7620238 (ADS) 12/01/2023 12/01/2024 COMEaaccBINED SINGLE LIMITident $ 1,000,000 B X ANY AUTO 7620239 (MA) 12101/2023 12/01/2024 BODILY INJURY (Per person) _ $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LAB X OCCUR 9941238 12/01/2023 12/01/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ B g B (ANYPROPRIETOR/PARTNER/EXECUTIVE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 049154390(AOS) 049154391 (CA) 049154392 WI ( ) 12/01/2023 12/0112023 12/01/2024 12101l2024 12/01/2024 OTH- X PERSTATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Certificate only applies to DVB-06344 Palm Springs Police Department, 200 South Civic Drive, Palm Springs, CA The City of Palm Springs, its officials, employees, agents and volunteers is/are additional insured (except Worker's Compensation) to the extent agreed underwritten contract. Insurance, when applicable to an additional insured and when specified in a written agreement among the parties, applies on a primary basis with no contribution by the additional insured. Policies provide for waiver of subrogation to the extent agree( under written contract. Regarding notice of cancellation to certificate holder(s), endorsement IH 0313 0611(copies attached) applies to auto and general liability policies. DVB-06344 CERTIFICATE HOLDER CANCELLATION City of Palm Springs RE 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: City Clerk P 0 Box 2743 NOV 2 7 2023 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 City Hall AUTHORIZED REPRESENTATIVE Reception Desk © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 0001284 SP 0452-001-P01284-1 City of Palm Springs Attn: City Clerk P O Box 2743 Palm Springs, CA 92262 MW 0452-01.00-0001284-0001-0003023