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A8436 - BRUCE BOWER INVESTIGATIONS
AMENDMENT NO. i TO AGREEMENT FOR CONTRACT SERVICES BETWEEN CITY OF PALM SPRINGS AND BRUCE BOWER INVESTIGATIONS This Amendment No. I ("Amendment") to that certain Agreement for Contract Services between the City of Palm Springs and Bruce Bower Investigations (the "Agreement") is made and entered into this R11' day of � , 2022, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Bruce Bower Investigations, a sole proprietorship ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. The City and Contractor previously entered into the Agreement for background and personnel investigation services, the term of which was set to expire on December 31, 2021. B. Section 4.4 of the Agreement authorizes the Parties to extend the term by mutual written agreement. C. The City and Contractor mutually desire to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises in this Amendment, the Parties hereto agree to bind themselves as follows: AGREEMENT I . Extension of Term. Section 4.4 of the Agreement is hereby amended to read: "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 36 months commencing on January 1, 2022, and ending on December 31, 2024, unless extended by mutual agreement of the parties." 2. Applicability. This Amendment is attached to and made a part of the Agreement. In the event of any contradiction or inconsistency between the terms and provisions of this Amendment and the terms and provisions of the Agreement to which it is attached, the terms and provisions of this Amendment shall control and be interpreted in such a manner as to override any provision of the Agreement that would prevent the spirit and letter of the terms and provisions of this Amendment from being given full force and effect. All defined terms not specifically defined in this Amendment shall be given the same meaning as the defined terms in the Agreement. All other terms and conditions contained in the Agreement shall remain unchanged. 3. Joint Authorship. This Amendment has been entered into as an act of free will, without duress, and no presumption of authorship shall attach to same, and any ambiguity in the terms and conditions of this Agreement shall not be attributed to one Party over the other. 4. Authority. The persons executing this Amendment on behalf of the Parties warrant that they are duly authorized to execute this Amendment on behalf of Parties and that by so executing this Amendment the Parties are formally bound to the provisions of this Amendment. [SIGNATURES ON THE FOLLOWING PAGES] 2 c- t, IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. CITY OF PALM SPRINGS, Bruce Bower Investigations, a California Charter City a Sole Proprietorship e�z /41-� Justi lifton, City nager ruce Bower, Owner/Qualified Manager A'YIEST: J. Mej M7-:T11i/ 341XIM 1113 V)'lid A By: (D 'yv 1-2 Jeffrey a er, City Attorney Date: N APPROVED BY CITY COUNCIL 1—z :? -ac m I mA $q3 6 OP ID: MN ACORO DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 04/20/2021 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(les) must 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 PRODUCER Alliance Mgt. 8 Insurance 3ery 356 Via Vera Cruz #7ruC. CA AgentlBroker L(c# 0737966 San Marcos, CA 92078 Michelle A. Nowell wnwc Michelle A Nowell PHOa K EE+1: 760�471-71No ; 16 76-471-9378 ADDRIMS, mnowell �amiscorp.Com - — - _ PRbOUCEFI BOWER-2 cU3Tolx a�lauR AFFORDING coverAOE wry s wsuRw ruse over m ga ort8 Bruce A Bower PO Box 6914 La Quints, CA 92248 (NSUM A : Peleus Insurance Company 34118 rNsuRr R s INsuRERc: COVERAGES CERTIFICATE NUMBER: 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. -- -- ---r .__. _ _...—_- sR LTR TYPE OF INSURANCE DL gUt3R POLICY NUMBER POLICY rn aCY E� — ! __ ..... _. LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAWS -MADE FKOCCUR X Errors & Omission X X EACH OCCURRENCE PKV000043i 04/08/2021 0410812022 PREMIpREN SESS RERTED — 000unenoe MED EXP (Any one pw9w) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG $ 1,000,909 S 100+ S S. $ 1+000, S Sr�+ GEML AGGREGATE LIMIT APPLIES PER: PRO LOC X POLICY JRCT S 1,OOD+ S AUTOMOBILE LlABftM ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMB (Es Goddem S BODILY INJURY (Pet Perm) S BODILY INJURY (Pet ecddwlo S PROPERTY DAMAGE (PER ACCIDENT) S $ S LA LIAB LIAB U7-7c OCCUR CLIMS-MADE EACH OCCURRENCE i AGGREGATEDBLE RETENTION S S $ VYORKERBOOMPENSATION AND aptOYERS' uAmLrTY YIN ANY PROPRIETORIPARTNER/EXECUTNE^� f OFFICERIMEMBER EXCLUDED? t__JN/A (Manderary In NN) If es, deWbe under DESCRIPTION OF OPERATIONS below STATU- T 1 E.L. EACH ACCIDEQ S I S ELDISEASE-EA EL DISEASE - POLICY LIMIT 4O m IN OF JP R n S Its O'MtC�N�aS I V �ICLF$�°(�Apecyh�Ana�i�l a ,ni 8r@ R8 erka Schedule, If nm,e K.ece Is required) 9,t oj e�nsu r� �smraes and n n non `frib ory, 3 Uap t�ot�ce o �ance ation Investlg�a�0 Abrog on app�tes. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Springs, CA 92262 OLfw.w - ©1SM2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers liability Insurance Policy EMPLOYERS ASSURANCE CO. Policy Number From olicy PeriodTo A Stock Company EIG 2348769 05 04/25/20d217� 04/25/2022 t s °red a srcedWa at cno address cane Transaction RENEWAL DECLARATIONS NCCI Carrier # 36870 WCIRB CARRIER# 00919 PRIOR POLICY NUMBER EIG234876904 1. Named Insured and Address Agent BOWER BRUCE (AN INDIVIDUAL) VENTURE AGENCY HOLDINGS INC 0002822 DBA BRUCE BOWER INVESTIGATIONS 30555 SOUTHFIELD RD STE 305 PO BOX 6914 SOUTHFIELD, MI 48076 LA QUINTA CA 92248 Tele hone: 2482060900 Customer # Carrier # FEIN # 1 Risk ID # Entity of Insured 36870 364725913 INDIVIDUAL Additional Locations: 2. The Policy Period is from04/25/2021 to 04/25/2022 12:01 a.m. Standard Time at the Insured's mailing address. 3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states listed here: CA B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part TWO are: Bodily Injury by Accident $ 1,000,000 each accident Bodily Injury by Disease $ 11000,000 policy limit Bodily Injury by Disease $ 1,000,000 each employee C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here: All states except ND, OH, WA, WY and states listed in item 3.A. D. This policy includes these endorsements and schedules: See attached schedule. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. All information required below is subject to verification and change by audit. SEE EXTENSION OF INFORMATION PAGE Minimum Premium $ 650 Assessments and Taxes $ Expense Constant $ 160 Premium Discount $ Total Estimated AnnualPremium $ 930 ❑ This is a Three Year Fixed Rate Policy Premium Adjustment Period: ® Annual; ❑ Semiannual; ❑ Quarterly; ❑ Monthly Countersigned this Da of � y Issued Date: 03/16/2021 Authorized Representative Issuing Office EMPLOYERS ASSURANCE CO. 500 NORTH BRAND BLVD., SUITE 700 GLENDALE, CA 91203-3916 Issued Date 03/16/2021 INSURED COPY WC990630 (5/98 Ed.) Page 1 of 4 � �� WOWERSS' COMPR4SATION AND EMPLOYERS LIABILITY INSURANCE POLICY EMPLOYERS ASSURANCE CO. Policy Number: EIG 2348769 05 A Stock Company Named Insured: BOWER BRUCE (AN INDIVIDUAL) 500 NORTH BRAND BLVD., SUITE 700 GLENDALE, CA 91203-3916 Agent; VENTURE AGENCY HOLDINGS INC 0002822 EXTENSION OF INFORMATION PAGE CLASSIFICATION OF OPERATIONS Premium Basis Rate Per Estimated Code Total Est. Annual $100 of Annual No. Classification Description Remuneration Remuneration Premium California Rating Period: 04/25/2021 through 04/25/2022 Site 00001 7721 DETECTIVE OR PRIVATE INVESTIGATIVE AGENCIES 7,500 5.210000 391.00 8810 CLERICAL OFFICE EMPLOYEES-N.O.C. 24,000 0.330000 79.00 Site 00001 Total $ 470.00 Total of Sites for Rating Period Rating Period Total Rating Period: 04/25/2021 through 04/25/2022 0930 WAIVER OF SUBROGATION 0900 EXPENSE CONSTANT 0936 STATE W.C. FRAUD ASSESSMENT 0935 STATE W.C. ADMINISTRATIVE ASSESSMENT 0937 CA INSURANCE GUARANTY 0938 CA UNINSURED EMPLOYERS FUND 0939 CA SUBSEQUENT INJURY FUND 0940 OSHF ASSESSMENT 0943 LABOR ENFORCEMENT & COMPLIANCE 9741 CATASTROPHE PREMIUM 9740 TERRORISM PREMIUM Rating Period Total State Total Policy Total $ 470.00 $ 470.00 250.00 160.00 895 0.004734 4.00 895 0.022646 20.00 895 895 0.000775 1.00 895 0.006579 6.00 895 0.002584 2.00 895 0.002272 2.00 31,500 0.020000 6.00 31,500 0.030000 9.00 $ 460.00 $ 930.00 $ 930.00 Issued Date 03/16/2021 INSURED COPY WC990630 (5/98 Ed.) Page 2 of 4 WOFCIAND EMPLOYERSEMPLOVERSO LIABILITY INSURANCE POLICY EMPLOYERS ASSURANCE CO. Policy Number: EIG 2348769 05 A Stock Company Named Insured: BOWER BRUCE (AN INDIVIDUAL) 500 NORTH BRAND BLVD., SUITE 700 GLENDALE, CA 91203-3916 Agent: VENTURE AGENCY HOLDINGS INC 0002822 SITE LOCATION SCHEDULE State CA BOWER BRUCE (API INDIVIDUAL) 79291 SPALDING DRIVE BERMUDA DUNES CA 92203 Issued Date: 03/16/2021 INSURED COPY WC990410 (7/06 Ed.) Page 3 of 4 1_MPLI]YER:�'� WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY EMPLOYERS ASSURANCE CO. Policy Number: EIG 2348769 05 A Stock Company Named Insured: BOWER BRUCE (AN INDIVIDUAL) 500 NORTH BRAND BLVD., SUITE 700 GLENDALE, CA 91203-3916 Agent: VENTURE AGENCY HOLDINGS INC 0002822 ENDORSEMENT SCHEDULE State Form Nbr. Ed. Date Description CA WC000000C (1/15) WC/EL INS. POLICY FORM BOOKLET CA WC000406A (7/95) PREMIUM DISCOUNT ENDORSEMENT CA WC000419 (1/01) PREMIUM DUE DATE ENDORSEMENT CA WC000421E (1/21) CATASTROPHE PREMIUM ENDORSE CA WC000422C (1/21) TERRORISM RISK INSURANCE PROG CA WC040301D (2/18) CA POLICY AMENDATORY END CA WC040306 (4/84) CA WAIVER OUR RIGHT TO RECOVER CA WC040310 (1/95) DUTY TO DEFEND CA WC040360B (1/15) CA ELL AMENDATORY ENDORSEMENT CA WC040421 (1/08) OPTIONAL PREM INCREASE ENDT CA WC040422 (1/12) SHORT RATE PENALTY CA WC040601A (12/93) CANCELLATION ENDORSEMENT CA WC990405A (3/07) INSTALLMENT PAYMENT ENDORSE Issued Date: 03/16/2021 INSURED COPY WC990633 (5/98 Ed.) Page 4 of 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ R% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY CHARTER CITY AND MUNICIPAL COR PALM SPRINGS CA 92262 The charge for this endorsement is $ 250 Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 04/25/2021 at 12:01 AM standard time, forms a part of Policy No. EIG 2348769 05 Of the EMPLOYERS ASSURANCE CO. Carrier Code 00919 Issued to BOWER BRUCE (AN INDIVIDUAL) Endorsement No. Premium Countersigned at on By: Authorized Pepresentative WC 04 03 06 (Ed. 4-84) 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. u State Farm Mutual Automobile Insurance Company PO B'ox 853919 Richardson, TX 76085-39,49 u StateFarmt AT2 012296 0009 A-1498 POW, ER, BRUCE & ANITA 79291 SPALDING DR BERMUDA DUNES CA 92203-1237 II1'IIIIIII""Illlilil��llli�l„illl'141Ni1i�111114i1it11'll'1 Policy Number: 362 9989-1313-55A Policy Period: August 13, 2021 to February 13, 2022 Vehicle: 2021 GMC CANYON Principal Driver: BRUCE BOWER A Your auto jnkuranpe rates are impacted by the mileage your vehicle is driven. To ensure we've priced our insurance ielage acc tkrj to y �as-pd on t e_aurxaberrof rgiles you drive, we tried % op in valid mileage information for this vehicle tetra gh a third party provider. We were unable to obtain odomeII r rea8ings and have applied an average annual mileage using information from a third party provider and some of your vehicle and poi cy characteristics. Please contact your State Farm agent with questions. Policy Number. 362 9989-B13-55A Prepared July 7, 2021 1004583 AUTO RENEWAL PREMIUM PAID: $520.49 DO NOT PAY. Your premium is billed through the State Farm Payment Plan State Farm Payment Plan Number: 0353957012 Your StatrFarm Agent JOHN FORD Office: 760-564-0011 Address: 79440 CORPORATE CT,R PA STE 104� LA QUINTA, CA 92253-7243 if you have a new or ditrent car, have added any drNers, orhave moved, please wriUM }cur agent Thank you for choosing State Farm. Your policy has the Guaranteed Renewal Endorsement. When you provide a check as payment, you authorize us either to-useinformation-from•your check to mak" one-time electronic fund transfer from your accouht or to process the payment as a check transaction, When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financia nstitutio4 Page number 1 of 5 143562 202 01-15-20I8 Thanks for being port of our neighborhood, You mean a lot to us. If you need anything, call State Farm Agent John Ford at 760-564-0011. u AState Farm gR Principal Driver & Assigned Drivers premium may be influenced by the information shown for MW For each automobile, the Principal Driver is the individual these drivers. whd most frequently dirAs it. Each driver is d9signeted as an Assigned Driver on the househdid automobile that they most frequently drive. Your N C COVERAGE AND LIMITS See yourpol>byfor en exp/ahation of these coverages, A Liapility ,Bodilytnjury 10,0,0001300.000 Property Damage 100,000 ^ $163.34 C Medical Payments 25,000 $20 99 D 250 Qadgciole Comprehensive $62.67 G 250 Deductible Collisign $234.85 U Uninsured -Mg or yehrcle Bodily Injury 100,000/300,000 $37.06 U1 Uninsured Motor Vehicle Property Damage $156 Total Premium $520,49 If any coverage you carry is changed to give broader protection with no additional premium charge, we will give DISCOUNTS These adjustments have already been applied to your premium. you the broader protection without issuing a new policy, starting on the date we adopt the broader protection Multiple Line r Multicar Vehicle Safety Driving Safety Record California Good Drivei Loyalty ✓ Total Discounts S"4071.45 Other Available Discounts) You may be eligible for additional discounts See the enclosed insert for more information. Mature Driver SURCHARGES AND DISCOUNTS Driving Safety RecprJ RgPng Plan Your qriving safpty record, along with other rating factors, determines what you pay for Liability, Medical Payments, (continued on next page) Policy Number 362 9989-Bl3-55A Page number 3 of 5 Prepared July 7, 2021 State Farm° u El Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements Policy Number: 362 9989•1313-55A Prepared July 7, 2021 Page number 5 of 5 CONTRACT SERVICES AGREEMENT Background Investigation Services by Bruce Bower Investigations THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on January 1, 2020, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Bruce Bower Investigations a background and personnel investigations firm, ("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 background and personnel investigations firm in the processing of backgrounds for applicants for safety related positions in meeting the standards of the California Commission on POST (Peace Officer Standards and Training) and other applicant backgrounds as necessary to fill positions efficiently as possible, ("Project"). B. Contractor has submitted to City a proposal to provide background l investigation services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide background investigation services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations. 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 Revised:1/31/18 720599.1 3 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". 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 rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:1/31/18 720599.1 4 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 Mgjeure. 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 January 1, 2020, and ending on December 31, 2021, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days. written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement, with or without cause,upon thirty(30) days written notice to City. 5. COORDINATION OF WORD 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: Bruce Bower, Owner/Qualified Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, the Director of Human Resources and/or designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. 3 Revised:1/31/18 720599.1 5 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 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: Bruce Bower Owner/Qualified Manager of Bruce Bower Investigations 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 4 Revised:1131/18 720599.1 6 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. 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 5 Revised:1/31118 720599.1 7 by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 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 6 Revised:1131/1 B 720599.1 8 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 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-Liabilfty 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 finrther, 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 7 Revised:1/31/18 720599.1 9 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: Bruce Bower, Owner/Qualified Manager Bruce Bower Investigations, CA PI#26864 P.O. Box 6914 La Quinta, CA 92248-6914 Phone: 760-574-2734 11.2 Integrated agreement. This Agreement contains all of the agreements of the, parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise,upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 8 Revised:1/31/18 720599.1 10 11.8 Authoritv. 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: David H. Ready,PhD City Manager APPROVED AS TO FORM: ATTEST B ;3 By: w effre . Ballin r, I ApAony Mej a i City Attorney City Clerk "CONTRACTOR" Bruce Bower Bruce Bower Investigations Date: �1!C��( Z a/ By : Bruce Bower APPROVED BY CITY COUNCIL 9 Revised:1/31/18 720599.1 11 i CALRORM ALLr#URMLE ACKNOWLEDGEMNT CMM CODE$1189 C — "nth 42.R •,r ,r.r .,.,e...,..•...,+aa/}+y�1✓lf,cz,aa,42f'Sf�. in•e.t�..fy�r,..i,.v.,e...,.y..�,^J,W4,ct,Ct,n,o. A wmy public or ocher dber cwOawg tz cep t artlr ft Wbrzy of the um fvidL=d who wgradl the docsnmg to wtoc a tftB cwftam b amrctt A and not ft truftft=acctrecc or wsftlY cf tt=doammiL State of C35farrtia ) Co,mty of R-IV 1'dQs19 C ) On 111 o „e. � V'51W , WELL PuBUG Hem]Heart lmme and Tith of Ow Otacer pe»ao Wy appeared O WC.� AILAN EWAy- Nwnew of gnarl) who Wwad to me an the b=ia of wry evidence to be the pec.=W wteoae romeN Wam mt=abad to the wilt rt inainurtard rand admikledged to me Oud he/ahaAhW executed the name in WhAwahak-mMorized c *and that by a:wud sWcn ttre h=tn mend the pe or ttes entity upon bettaff of wtech the pommKoictait cowcuted the kob% ma ]certify w dw PENALTY OF PSIRM under the twn of the State,of Cafe curia ttrat the foregoing pwnwuph i3 true scud comact W ITIMSS my traced curd a iciat ceW- �M°•,, J.KELLY J Notary Public•Californla Z Z Riverside County Sip abze - I/wIl"e/ Commission ff 2275231 grsatureof Wo6y Pubno My Comm.Expires Feb 11,2023 Puce Ah;fwy SadAbove 00770MAL Ti=Th arb man to ophWwf,conpla ft hair fnfam=&w can defer aftubw of thg documerd at frnu&rtant of this farm to an unintended d=gn at Description of Att3chod Document Me ca Type of Documm* Documwd Date- (Number cf Pog= ems)Qatar Than tNmmed Abauec CopacIVP3)Ctdmed by Silpw(a) Signed tuner Signer's tNamec ❑Corporate Officer—Title(* ❑OwparsYe Oftieer—T s} * ❑Psartrw— ❑I mftd ❑Genera] ❑Parbw— ❑Limibad [3 Genera] O buff0dual ❑Attarrey in Fact ❑fizov ht2l ❑Attorney in Fact ❑Tmdb38 ❑Graardgn or Carr'mNuatar OTneatae ❑Gumif t or CarKm ntatm ❑Otteer: ❑Oftler Sigrw 13 RepromoiftiV SiWw b Reprt3wn&tgc @2A84 rlciary -r .ag i t tNOTARY(i Z S76 8ffi7) ]tyre#5= 10 Revised:1/31/18 720599.1 12 EXHIBIT "A," CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 11 Revised:1/31/18 720599.1 13 SCOPE OF SERVICES-PALM SPRINGS POLICE DEPARTMENT Level I backgrounds(Peace Officer,Public Safety Dispatcher, CSO, Code Compliance,and Jail Transport positions): $1,025.00 per individual background investigation, plus any costs required to complete the background(fees charged by others to obtain official transcripts, Law Enforcement Agency Checks, etc.). These fees are unusual but do occur rarely. Mileage will be charged at the current year IRS rate for any required travel outside the Coachella Valley. For required travel outside the Southern California area, an hourly rate of$40.00 will be charged for travel time in addition to the mileage rate. All travel outside the Southern California area will be approved by the Palm Springs Police Department before any costs are incurred. Level II backgrounds(All other full-time employee positions): $925.00 per individual background investigation, plus the associated fees outlined above. Level III backgrounds(Volunteers): $400.00 per individual background investigation. No additional fees are anticipated. Level IV backgrounds(Cannabis): $200.00 per individual owner background investigation.No additional fees are anticipated. Partially Completed Backgrounds: $240.00 minimum fee. This fee applies to backgrounds where the applicant for an employment (paid or volunteer)position fails to progress beyond the initial background interview stage. If the background progresses past the initial background interview but is not completed,then the fee is based on the total number of hours committed to the partially completed investigation. The hourly rate is unchanged at $40.00 per hour. Service Details: All backgrounds will be completed in a thorough and accurate manner in accordance with POST requirements. The fees stated above do not include the costs associated with any other processes required by the City of Palm Springs for its hiring process(i.e., LiveScan, Polygraph, Medical or Psychological testing). Those fees are the sole responsibility of the City of Palm Springs.Bruce Bower Investigations will be responsible for all costs associated with printing and compiling the final investigations document for submission to the City of Palm Springs Police Department. The scope of investigation for Level I and Level II investigations would include the following: 14 For all Sworn and Police Department Non-Sworn (Records staff,Police aides,Police Community Service Officers,Evidence staff,Dispatchers,Police secretarial),the following is conducted: -Personal History Statement review -Pre-Investigative Questionnaire review -Coordination of Polygraph examination -Polygraph results review and evaluation -Required Documents list -False Statement Advisement -Lateral Officer Advisement -Live Scan(utilizing City equipment/resources) -Local and Nationwide Criminal Search - State and Nationwide Sexual Offender Search -Education verification -Credit Bureau Report analysis -Citizenship Verification -Military Service Verification -LocaI Agency Checks -Dissolution of Marriage Verification -Marriage Verification - Employment Reference Contact and Employment Verification -Personal Reference Contact -Driving Record Verification and Analysis -Local County Superior Court Search and Analysis Additional services for Sworn Peace Officer,Public Safety Dispatcher, Community Service Officer,Jail Transport Officer,and Code Compliance Officer positions ONLY: All of the above, plus: -Residence Verification -Residence Check -Neighborhood Canvasing and Neighbor Interviews The scope of investigation for Level III investigations would include the following: -Initial background interview that would cover the applicant's Personal History Statement and signing of required background documents (including notarized release) - Completion of Live Scan -Employer contact for past 7 years -Family contact -Personal reference contact - Local database checks(state and nationwide sexual offender,and nationwide criminal) - Selective Service verification - CA DMV record verification and insurance verification 15 -Detailed report and document submission and conclusion of the background investigation The scope of investigation for Level IV investigations would include the following: -Live Scan completion and evaluation -Local database checks (state and nationwide sexual offender, and nationwide criminal) -Lien and Judgement search - Search for adverse business practice judgments 16 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) 12 Revised:1131118 720599.1 17 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, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:1/31/18 720599.1 18 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or '!for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:1/31/18 720599.1 19 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. 15 Revised:1/31/18 720599.1 20