HomeMy WebLinkAboutA8471 - ABBE MEYER - CALCULATIONS FOR FIRE DEPARTMENT CFAA RATES CONSULTING SERVICES AGREEMENT
Abbe Meyer-Calculations for Fire Department CFAA Rates
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on January 8,2020 by and between the City of Palm Springs,a California charter city
and municipal corporation("City"),and Abbee Meyer, a sole proprietor, ("Consultant"). City and
Consultant are individually referred to as"Party" and are collectively referred to as the"Parties".
RECITALS
A. City requires the services of a consultant, for Calculations for Palm Springs Fire
Department 2020 Cal OES CFAA Rates ("Project").
B. Consultant has submitted to City a proposal to provide necessary salary :and
administrative rate calculations required to complete the 2020—Cal OES CFAA.'Salary Survey, to
City under the terms of this Agreement.
C. Based on its experience,education,training,and reputation,Consultant is qualified
and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT.
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide analyses and calculation, 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. Consultant 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. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local'laws, statutes and ordinances and all lawful
orders,rules, and regulations.
1.3 Licenses and Permits. Consultant 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, Consultant warrants that it
has carefully considered how the work should be performed and fully understands the facilities,
difficulties, and restrictions attending performance of the work under this Agreement.
Revised:1/311181
720599.1
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant 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 Consultant. Delays shall not entitle
Consultant to any additional compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant 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$3,500.00
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant 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 Consultant for all expenses stated in the invoice that are
approved by City and consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
3.3 Chanees. 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 Consultant's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not made,
this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
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
Revised:1/31/182
720599.1
and without the fault or negligence of Consultant,if Consultant 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 Consultant 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 seven months, commencing
on February 15, 2020 and ending on September 15, 2020 unless extended by mutual written
agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health, safety,
and general welfare, the period of notice shall be such shorter time as may be determined by the
City. Upon receipt of the notice of termination, Consultant shall immediately cease all services
except such as may be specifically approved by the Contract Officer. Consultant shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer after such notice. Consultant may terminate this
Agreement, with or without cause, upon thirty (30)days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Abbe Meyer, President. It
is expressly understood that the experience, knowledge, education, capability, and reputation of
the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services under this Agreement. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Aeainst Subcontractine or Assienment. The experience,
knowledge,education,capability,and reputation of Consultant,its principals and employees,were
a substantial inducement for City to enter into this Agreement. Therefore, Consultant 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
Revised:1131/183
720599.1
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 Consultant, its agents or employees, perform
the services required,except as otherwise specified. Consultant shall perform all required services
as an independent Consultant of City and shall not be an employee of City and shall remain at all
times as to City a wholly independent Consultant with only such obligations as are consistent with
that role; however, City shall have the right to review Consultant's work product, result, and
advice. Consultant 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. Consultant agrees to assign the following individuals to perform the
services in this Agreement. Consultant 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 Consultant
by providing written notice to Consultant.
Name: Titie:
Abbe Meyer Owner/President
6. INSURANCE
Consultant 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. INDEMINMCATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees(collectively"Claims"), including but not limited to Claims
arising from injuries to or death of persons (Consultant's employees included), for damage to
property, including property owned by City, from any violation of any federal, state, or local law
or ordinance, and from errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, that arise out of or relate to Consultant's 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 Consultant's indemnification obligation or other liability under this Agreement.
Consultant's indemnification obligation shall survive the expiration or earlier termination of this
Agreement until all actions against the Indemnified Parties for such matters indemnified are fully
Revised:W1/184
720599.1
and finally barred by the applicable statute of limitations or, if an action is timely filed,until such
action is final. This provision is intended for the benefit of third party Indemnified Parties not
otherwise a party to this Agreement.
7.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually "Indemnified Party"; collectively "Indemnified Parties")against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of,pertain to,or are related to the negligence,recklessness or willful misconduct of Consultant,
its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful
performance of or failure to perform any term,provision, covenant or condition of this Agreement
("Indemnified Claims"),but Consultant's liability for Indemnified Claims shall be reduced to the
extent such Claims arise from the negligence, recklessness or willful misconduct of the City and
its elected officials, officers, employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition,Consultant shall require all non-design-
professional sub-contractors, used or sub-contracted by Consultant to perform the Services or
Work required under this Agreement, to obtain insurance that is consistent with the Insurance
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 Resorts. Consultant 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. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses,and expenditures pertaining in any way to this Agreement. Consultant shall
keep such books and records as shall be necessary to properly perform the services required by
this Agreement and 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 Consultant in the performance of this Agreement shall
be the property of City. Consultant shall deliver all above-referenced documents to City upon
Revised:1131/185
720599.1
request of the Contract Officer or upon the termination of this Agreement. Consultant shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights or ownership of the documents and materials. Consultant may retain copies of such
documents for Consultant's own use. Consultant 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 Consultant 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. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant 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 Consultant 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 Consultant. Any waiver by either party of any default must be
in writing. No such waiver shall be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.4 Riehts and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative. The exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
Revised:1/31/186
720599.1
9.5 Leeal 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 Consultant,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 Consultant or its successor, or
for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant .
enter into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given,
and will not pay or give, any third party any money or other consideration in exchange for
obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin( i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Contractor activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Contractor is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040; including without
limitation the provision of benefits,relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in writing
and either served personally or sent by pre-paid, first-class mail to the address set forth 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.
Revised:1/31/187
720599.1
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Abbe Meyer
2610 N. Conestoga Avenue
Tucson,Arizona 85749
11.2 Inteerated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound,for purposes of this Agreement, by the same.
11.8 Authori . 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.
Revised:1131A88
720599.1
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated
below.
"CITY"
City of Palm Springs
Date: ��/�\ �� By:
J. K Nalder
Fire ief
APPROVED AS TO FORM: ATTEST
By: <Q By:
Jefffrey,naflingef Lffnthony Atejia
City Attorney City Clerk
"CONSULTANT"
Abbe Meyer
Date: /U-Z-0 00 By : AL, /t L
Abbe Meyer
Owner/President
Date:
APPROVED BYDEPARMENT HEi`=
Revised:1/31/189
720599.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g.1189
A vatay Pablo or other officer carosong this rertlic to verifies only the tarry of the bidNu3eil Who stifled the
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MIGHELLE G LULL81FF is true and cortect
NOTARY PUBLIC-ARIZONA WITNESS my Frond and official seal
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Description of Attached Document
Tree or Type of Doorenm* Document Date:
Number of Pages Slgne(a) Other Than Named Above:
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Revised:1/31/1810
720599.1
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Revised:1/d111811
720599.1
LETTER OF PROPOSAL
ABBE MEYER
2610 N CONESTOGA AVE
TUCSON,ARIZONA 85749
January 8, 2020
CITY OF PALM SPRINGS FIRE DEPARTMENT
Consulting services are to include training of city staff on how to calculate reimbursement rates under
the CAL DES' California Fire Assistance Agreement(CFAA). In addition, I,Abbe Meyer,as a sole
practitioner will perform the necessary salary and administrative rate calculations required to complete
the 2020 CFAA Survey Letter.This work will commence immediately and be done in greatest haste with
information provided by the City.Work shall be completed no later than June 1,2020.
FEE:$3,500.00
Thankyou
Abbe Meyer
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)
Revised:l(31/1812
720599.1
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CERTIFICATE HOLDER CANCELLATION
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.G10N Llne:49a b.a SHOULD ANY OF THE ABOVE CESCROEO POLICIES BE CANCELLED BEFORE
Tecsan'Aa Es.a9 THE EIIPWATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
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1900.201E ACORD CORPORATION. All rights resonod.
ACORD25(2(11WO7) The ACORD name and Togo we registered mat"ofACORD
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement
Consultant 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.
Consultant 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 Consultant'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:
C 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 Consultant has no employees, Consultant shall complete the City's
Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Consultant'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
Revised:113111813
720599.1
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance,Consultant 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 Consultant'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 Consultant's services under
this Agreement. Consultant shall also be required to provide evidence to City of the purchase of
the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII,
or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Consultant 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
Consultant's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers'
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 Na"or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects.City of Palm Springs Contract No._" or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
Revised:1/31/1814
720599.1
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before
work commences. All certificates of insurance must be authorized by a person with authority to
bind coverage, whether that is the authorized agentlbroker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
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) Consultant 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. Consultant 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.
Revised:1131/1815
720599.1