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A7165 - SLOAN VAZQUEZ INC - MCAFEE SOLID WASTE FRANCHISE CONSULTANT
Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Lead Department: Contract Administrator: Council/City Manager Approval Date Minute Order/Resolution Number: Agreement Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Patrick Tallarico Submitted on: February 18, 2021 CONTRACT ABSTRACT Sloan Vazquez McAfee Enrique Velazquez Provide Support for SB 1383 $22,050.00 Recycling Fund - Consulting Services No specific end date - mutual agreement Office of Sustainability Patrick Tallarico January 28, 2021 Item 1 P A7165 Signed Amendment, City Council Approval, Staff Report, Amendment 2 and Original Contract David Ready, Jeff Ballinger, Anthony N/A N/A By: Patrick Tallarico ?tlf� AMENDMENT No. 2 TO CONSULTING SERVICES AGREEMENT SLOAN VAQUEZ MCAFEE (Agreement No. A716S) THIS AMENDEMENT No. 2 to that certain Consulting Services Agreement ("Second Amendment") is made and entered into to be effective on the ''•— day of '& , 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City") and SLOAN VAZQUEZ, Inc., a California corporation doing business as Sloan Vazquez McAfee ("Consultant") collectively, the "Parties," and each a "Party." RECITALS A. City and Consultant previously entered into a consulting services agreement for professional services arising from and related to the City's solid waste franchise agreement, identified, in the public records of the City as Agreement No. 7165, which was executed by Consultant on July 19, 2017, and entered into on July 19, 2017 (the "Agreement"). Compensation and reimbursement to Consultant for costs and expenses was not to exceed twenty-five thousand dollars ($25,000). B. City and Consultant agreed to amend the original agreement on March 14, 2019 ("Amendment No. 1"), which also eliminated the restrictions placed on the compensation of the Consultant. C. City and Consultant desire to amend the Agreement again to allow for the continued services of Consultant in response to new State requirements that will impact the City's Franchise Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. The true and correct recitals above are incorporated by this reference herein as the basis for the Second Amendment. 2. EXHIBIT "A" to the Agreement is hereby amended, to add a fifth and sixth bullet to those listed under the "Scope of Services" and amended by Amendment No. 1, indicating that the Consultant's services shall include the following: • Review and identify changes needed for the Franchise Agreement to reflect SB 1383 requirements and an agreed -upon division of implementation responsibilities. • Assess value to the City of PSDS's proposed approach for implementing the necessary changes. 3. Full Force and Effect. This Second Amendment is supplemental to the Agreement, and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Second Amendment and any of the provisions of the Agreement, the provisions of this Second Amendment shall in all respects govern and control. 4. Corporate Authority. Each of the persons executing the Second Amendment on behalf of a Party hereto warrants that (i) such Party is duly organized and in good standing, (ii) he/she is duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by his/her execution of this Second Amendment, such Party is formally bound to the provisions of this Second Amendment, and (iv) the entering into this Second Amendment does not violate any provision of any other agreement said Party is bound. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: By, Da APPROVED AS TO FORM: By: Jeff Ballinge , City Attorney Date: -Z - ?. Date:7-7 Not To Exceed -- Witk,,°trt The Express Written Au ;jZation of The CRY Manager. "CITY" CITY OF PALM SPRINGS, CA By: David Manager APPROVED BY IT( L.00o,',L -ZX-O( "CONSULTANT" Sloan Vazquez McAfee By: � 14Z� Enrique Va uez, Pri al . A City Council Minutes January 28, 2021 N. AUTHORIZE THE PURCHASE OF ELEVEN (11) SHADE STRUCTURES FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $327,140 FOR THE PARK SHADE STRUCTURES, CITY PROJECT NO.20-28 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Amend the Fiscal Year 2020/2021 Budget and approve an additional appropriation of $283,418 from the Measure J Capital Fund Balance for the Park Shade Structures, City Project No. 20-28. 2. In accordance with Section 7.09.010 "Cooperative Purchasing Programs," of the Palm Springs Municipal Code, authorize the purchase and installation of 11 shade structures from Shade Structures Inc. dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117-LTS, for an amount of $327,140. 3. Authorize the City Manager to execute all necessary documents. O. APPROVE LEASE AMENDMENT NO. 4 WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS, FOR USE OF THE CITY OWNED VISITOR CENTER LOCATED AT 2901 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF PROMOTING TOURISM MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve Lease Amendment No. 4 between the Agua Cal iente Band of Cahuilla Indians and the City of Palm Springs for non-exclusive use of the City -owned Visitor Center at 2901 North Palm Canyon Drive for the purpose of promoting tourism. A5917 2. Authorize the City Manager or his designee to execute the amendment. P. APPROVAL OF AMENDMENT NO. 2 TO CONSULTING SERVICES AGREMEENT WITH SLOAN VAZQUEZ MCAFEE MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve Amendment No. 2 to the Consulting Services Agreement with Sloan Vazquez McAfee, in substantially to form as on file with the Office of the City Clerk. All b_5 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES CITY COUNCIL STAFF REPORT DATE: January 28, 2021 CONSENT CALENDAR SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONSULTING SERVICES AGREMEENT WITH SLOAN VAZQUEZ McAFEE FROM: David H. Ready, City Manager BY: Development Services Department, Office of Sustainability SUMMARY The City Council will consider an amendment to the City's contract with Sloan Vazquez, Inc., dba Sloan Vazquez McAfee ("Consultant"), the City's solid waste hauling and recycling consultant. The amendment as proposed would expand the scope of Consultant's services to include support for the City's efforts to comply with the requirements of SB 1383 Short Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions. State regulations implementing SB 1383 were approved on November 3, 2020, and take effect January 1, 2022. Support will focus on providing implementation advice, assistance in incorporating requirements from SB 1383 into the "Franchise Agreement Between The City of Palm Springs And Palm Springs Disposal Services" (the Franchise Agreement), and analysis of value of new services. RECOMMENDATION: Approve Amendment No. 2 to the Consulting Services Agreement with Sloan Vazquez McAfee, ATTACHMENT A in substantially the form attached. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City entered into a Consulting Services Agreement, Agreement A7165, with Consultant to assist with (i) the review and analysis of the Franchise Agreement, a document referenced as the "Side Letter," and specific proposed amendments to the Franchise Agreement, including rate adjustments, and (ii) discussions and negotiations with Palm Springs Disposal Services (PSDS) related to each and all of those items. Consultant has worked closely and effectively with Staff to date. The Consulting Services Agreement was amended in July 2018 to enable Consultant to provide additional support to the City in its "performance review" of Palm Springs Disposal Services under the Franchise Agreement. nW NO.119 City Council Staff Report January 28, 2021 -- Page 2 Amendment to Contract with Sloan Vazquez McAfee As a result of the work that Consultant has performed over the past several years, they bring tremendous expertise to the table with respect to the significant and complex solid waste and recycling issues the City faces. Consultant's familiarity with the broader solid waste and recycling industry as well as the City's specific Franchise Agreement make them an invaluable resource to City Staff and leadership as the City moves forward with implementing changes necessary to comply with SIB 1383 and the implementing regulations. SIB 1383 represents a sweeping change to the State's efforts to manage organic waste and recycling. Although it is an air regulation aimed at reducing greenhouse gas emissions, it is largely focused on reducing the amount of organic waste sent to landfills due to the significant impact these materials have on methane emissions after they have been disposed. These changes will have a particular impact on our Franchise Agreement and the work of both the City and Palm Springs Disposal Services. For example: • The City will be required to work with PSDS and other City offices to gather and report on compliance data. • The City and PSDS will be working together to educate and inform the public and businesses about their requirements and to assess and inform them about their compliance through periodic trash and recycling audits. • PSDS will need to provide organics service to all single-family residents and businesses, which includes green waste as well as food waste. The City welcomes assistance from the Consultant as we move forward with this process of revising the Franchise Agreement, especially hearing from them about best practices from other Cities. Messrs. Sloan and Vazquez and Ms. McAfee own and manage this corporation. ENVIRONMENTAL ASSESSMENT: The proposed agreement is not a "project" for the purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. Engagement of this consultant is an organizational or administrative activity by the City of Palm Springs, and it will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. E City Council Staff Report January 28, 2021 -- Page 3 Amendment to Contract with Sloan Vazquez McAfee FISCAL IMPACT: The estimate provided by the Consultant is in the amount of $22,050. See ATTACHMENT B for their proposal. Sufficient funds are available in the Recycling Contractual Services account to cover these costs. -2) Patrick Tal fari anager, Sustainability Div[ Marcus Fuller, Assistant City Manager ATTACHMENTS A. Amendment 2 B. Proposal from Consultant Flinn Fagg, Directo , Development Services David H. Ready, Ci anager 3 ATTACHMENT A: Amendment 2 AMENDMENT No. 2 TO CONSULTING SERVICES AGREEMENT SLOAN VAQUEZ MCAFEE (Agreement No. A7165) THIS AMENDEMENT No. 2 to that certain "Consulting Services Agreement" ("Second Amendment") is made and entered into to be effective on the 2- day of M rc, -, 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and SLOAN VAZQUEZ, Inc., a California corporation doing business as Sloan Vazquez McAfee ("Consultant") collectively, the "Parties," and each a "Party." RECITALS A. City and Consultant previously entered into a consulting services agreement for professional services arising from and related to the City's solid waste franchise agreement, identified, in the public records of the City as Agreement No. 7165, which was executed by Consultant on July 19, 2017, and entered into on July 19, 2017 (the "Agreement"). Compensation and reimbursement to Consultant for costs and expenses was not to exceed twenty-five thousand dollars ($25,000). B. City and Consultant agreed to amend the original agreement on March 14, 2019 ("Amendment No. 1"), which also eliminated the restrictions placed on the compensation of the Consultant. C. City and Consultant desire to amend the Agreement again to allow for the continued services of Consultant in response to new State requirements that will impact the City's Franchise Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. The true and correct recitals above are incorporated by this reference herein as the basis for the Second Amendment. 2. EXHIBIT "A" to the Agreement is hereby amended, to add a fifth and sixth bullet to those listed under the "Scope of Services" and amended by Amendment No. 1, indicating that the Consultant's services shall include the following: • Review and identify changes needed for the Franchise Agreement to reflect SB 1383 requirements and an agreed -upon division of implementation responsibilities. 5 • Assess value to the City of PSDS's proposed approach for implementing the necessary changes. 3. Full Force and Effect. This Second Amendment is supplemental to the Agreement, and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Second Amendment and any of the provisions of the Agreement, the provisions of this Second Amendment shall in all respects govern and control. 4. Corporate Authority. Each of the persons executing the Second Amendment on behalf of a Party hereto warrants that (i) such Party is duly organized and in good standing, (ii) he/she is duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by his/her execution of this Second Amendment, such Party is formally bound to the provisions of this Second Amendment, and (iv) the entering into this Second Amendment does not violate any provision of any other agreement said Party is bound. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: By: "CITY" CITY OF PALM SPRINGS, CA By: Anthony Mejia, City Clerk David H. Ready, City Manager APPROVED AS TO FORM: By: Jeff Ballinger, City Attorney Date: Date: "CONSULTANT" Sloan Vazquez McAfee 92 Joe Sloan, President 0 ATTACHMENT B: Proposal from Consultant 6zy; Cyl vAzQa SEE MUNICIPAL SOLID WASTE ADVISORS r September 16, 2020 3002 Dow Ave., Ste 116 Tustin, CA 92780 966-241-4533 info@sloanvazquez.com Sloan VAZQUEZ M CAFEE MUNICIPAL SOLID WASTE ADVISORS September 16, 2020 Patrick M. Tallarico, CPF, LEED AP (BD+C) Manager, Office of Sustainability City of Palm Springs 3220 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Proposal to Provide Professional Consulting Services Mr. Patrick M. Tallarico: Sloan Vazquez McAfee (SVM) is pleased to present our proposal to assist the City of Palm Springs with SB 1383 compliance. SVM has the knowledge and expertise to assist the City in planning, analyzing, and negotiating solutions that will bring the most value to City in its effort to comply with SB 1383. SVM has been providing municipal consulting services to California cities for over 15 years. As such, we have developed expertise and knowledge in current State legislation including SB 1383. We will use this expertise together with our experience from completing several years of rate reviews and a performance review of PSDS to assess PSDS's capabilities and to evaluate the impact on rates due to increased operating costs and capital expenditures required for SB 1383 compliance. This proposal has been prepared based on our best understanding of the City's needs. However, we remain flexible and ready to discuss the proposed scope of work to ensure that our efforts are directed to bring the maximum value to the City. We hope to have the privilege of assisting the City of Palm Springs in addressing the complexities of SB 1383 compliance. We appreciate your consideration. Cordially, Enrique Vazquez Sloan Vazquez McAfee 3002 Dow Avenue • Suite 116 • Tustin, CA 92780 Office:866.241.4533 • info@sioanvazquez.com N 1.0 INTRODUCTION In September 2016, the Governor of California signed with the Short -Lived Climate Pollutant Act (SB 1383), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants. Since organic waste disposal in landfills is a primary generator of methane emissions, jurisdictions throughout California are charged with reducing statewide organic waste disposal of 50% by 2020 and 75% by 2025. These reductions are expected to be accomplished through mandatory residential food waste recycling by 2022, 20% edible food recovery for the food insecure by 2025, and highly detailed reporting and enforcement requirements. SB 1383 places responsibility for compliance on municipalities with very specific milestones, deadlines, and corrective actions for non-compliance. However, compliance will require the participation of various entities including the residential community, the commercial sector, providers of organic material processing, the franchise hauler and other recycling facilities. QUALIFICATIONS SVM is a consulting firm focusing exclusively on municipal solid waste planning and management services, specializing in municipal solid waste procurement services, proposal and feasibility study preparation, waste composition and characterization studies, municipal contract analysis, residential and commercial collection operations, and management of MRF project development. The firm was founded by Joe Sloan in 2000 and was joined by Enrique Vazquez in 2005 and Charissa McAfee in 2013. Together, the firm's principals have over 70 years of wide-ranging expertise and experience in municipal waste management and recycling. With offices in Tustin, California, SVM maintains a specialized, streamlined organization that provides solid waste and recycling advisory services to both public and private sector solid waste and recycling enterprises. Our firm offers economic, regulatory and evaluation proficiency as well as keen industry insight developed through many years of direct, bottom -line management of municipal solid waste and recycling contracts. Our team members have held day-to-day responsibility for delivery of services, ongoing development and implementation of new services, rate negotiation for existing and/or new programs, development and preparation of operational data and service metrics. For fifteen years, we have been active providing municipal solid waste and recycling advice to California cities. As such, we have developed knowledge and expertise in recent State legislation, including SB 1383. More recently, we have completed the following projects. • For four years ending in 2018, for the City of Glendale, CA, we audited up to fifteen permitted haulers for compliance with various State laws including SB 1383. • We have been providing compliance auditing services to the City of Pasadena, CA for over 10 years to ensure that their franchise haulers in their non-exclusive franchise system are complying with diversion requirements. In the past two years, this has included compliance with the collection and processing of organic materials as required by SB 1383. SI4anVAZQUEZMCAFEE 2 1 P a g e 10 • Our firm also has completed two financial feasibility studies for organic material processing facilities to ensure compliance with SB 1383. The first was completed in 2018 for the City of Davis, CA and the second was completed in 2020 for the University of California Davis. • In early 2020, we completed a solid waste and recycling procurement process for the City of Mission Viejo. The primary goal of this process was to ensure compliance with SB 1383. The project included identifying 513 939 compliance components that could be provided by the franchise hauler and requesting rate proposals to cover the increased costs of those services. PROJECT STAFF Enrique Vazquez will serve as the project lead with support from Charissa McAfee, Joe Sloan, and Larry McQuaide. The SVM team has the skills and available capacity to effectively execute all proposed work in a timely and thorough manner. The following team members will be responsible for the successful implementation of this project: Enrique Vazquez — Principal Mr. Vazquez will serve as the Project Manager/Lead Analyst. Mr. Vazquez will have responsibility for the coordination of quality professional services to the City, overall performance of the project personnel, and timely completion of this engagement. Charissa McAfee — Principal As our SB 1383 expert, Charissa McAfee will ensure that all aspects of SB 1383 are addressed. Joe Sloan — Principal Joe Sloan will have responsibility for strategic analysis and review. He will contribute his expertise with emphasis in organic material processing assessment. Larry McQuaide — Senior Associate Larry McQuaide will serve as the Project Analyst and will assist Mr. Vazquez as necessary. 2.0 SCOPE OF SERVICES SVM proposes to perform the following services toward the completion of the project: Task 1: Franchise Agreement Update Assist PSDS and the City in reviewing and identifying changes needed for the Franchise Agreement to reflect SB 1383 requirements and an agreed -upon division of implementation responsibilities. SVM will review, analyze, and assess PSDS's proposed solutions to comply with the requirements of SB 1383. SVM will assist City staff in the review and assessment of the value to the City of PSDS's proposed solutions. Specific elements to be reviewed include, but are limited to the following: • Collection methodology for both residential and commercial. SloanvazQUEzMcAFEE 3 1 P a g e 11 Review proposed collection methodology: Residential fourth cart for organic collection; three - container "source separated", two -container, or one -container. • Vehicle analysis to review impact of added organic material collection routes to vehicle types and inventory. • Container requirement compliance. Container inventory analysis to include consideration for options such as phasing in the correct collection bin colors and labels for single-family carts and multi -family, and commercial collection bins. • Organic material processing capacity whether with arrangement with third party facilities or development of their own facility. • Ability to meet City's per capita requirement to procure compost, mulch, and/or renewable natural gas. • Contamination inspection methods. • Compliance with inspection and reporting requirements with respect to commercial edible food generators, food recovery organizations, and food recovery services. • Outreach and education requirements. 2.0 PROPOSED HOURS AND BUDGET SVM will perform the proposed services on a time and material basis at a reduced, flat hourly rate of $225 for a fee not to exceed $22,050 (Twenty -Two Thousand Fifty dollars). SVM projects that a total of Ninety -Eight (98) hours will be required to complete the project. The total billing will not exceed ninety- eight (98) hours without prior authorization by the City. SVM 2020 RATE SHEET AND EXPENSE REIMBURSEMENT RATES MemberStaff Principal $265 Senior Associate $225 Associate $175 Admin $65 Mileage IRS rate ($0.575/mile) Travel (as pre -approved by City) Actual Documented Cost SloanvAzQUEZMCAEEE 4 1 P a g e 12 AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT SLOAN VAZQUEZ MCAFEE (Agreement No. A7165) THIS AMENDMENT NO. 1 to that certain "Consulting Services Agreement" ("First Amendment") is made and entered into to be effective on the 30th day.of July, 2018 by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and SLOAN VAZQUEZ, Inc., a California corporation doing business as Sloan Vazquez McAfee ("Consultant") collectively, the "Parties," and each a "Party." RECITALS A. City and Consultant previously entered into a consulting services agreement for professional services arising from and related to the City's solid waste franchise agreement with Palm Springs Disposal Services. The City Manager approved this agreement, identified in the public records of the City as Agreement No. 7165, which was executed by Consultant on July 19, 2017, and entered into on July 19, 2017 (the "Agreement"). Compensation, and reimbursement to Consultant for costs and expenses was not to exceed twenty-five thousand dollars ($25,000). B. City and Consultant desire to amend the Agreement to allow for the continued services of Consultant, and eliminate the restrictions placed on the compensation of consultant. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment. 2. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: "Compensation of Consultant. Consultant shall be compensated for the services rendered, and reimbursed for costs and expenses under this Agreement in accordance with the schedule of fees set forth in Exhibit "A." 3. EXHIBIT "A" to the Agreement is hereby amended, to add a third (3Id) and fourth (4th) bullet to those listed under the "Scope of Services" under the Agreement, indicating that Consultant's services shall include the following: • Provide services to City arising from and related to a "Performance Review" as to all PSDS services under the Franchise Agreement; and • Provide such additional solid waste and recycling-related services as may be directed by the City Council, the Subcommittee, the City Manager or his/her designee, and the City Attorney. Amendment No. 1 Agreement No. Sloan Vazquez McAfee. ORIGINAL BID 4,11DIGIR AGREEMENT 4. Section 10.3 of the Agreement is hereby amended in its entirety to read as follows: "Covenant against Discrimination. In connection with its performance under this Agreement, Consultant 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"). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant 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." 5. Full Force and Effect. This First Amendment is supplemental to the Agreement, and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this First Amendment and any of the provisions of the Agreement, the provisions of this First Amendment shall in all respects govern and control. 6. Corporate Authority. Each of the persons executing this First Amendment on behalf of a Party hereto warrants that (i) such Party is duly organized and in good standing, (ii) he/she is duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by his/her execution of this First Amendment, such Party is formally bound to the provisions of this First Amendment, and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said Party is bound. SIGNATURES FOLLOW Amendment No. 1 2 Agreement No.A7165 Sloan Vazquez McAfee. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA By: By: / dony M jia, David H. Ready, Hager Date: �,/,41 Date: 3�1 Ial APPROVED AS FORM: By: APPROVED I3Y C17Y COUNCIL Edward Kotkin, City Attorney � �.P. 1�`��� ��� o� Date: 2/ 17 l "CONSULTANT" Sloan Vazquez McAfee Date: a,50'��l y: e oan, President Not To Exceed $ griten Without The Expe W Authorization Of The City Manager. Amendment No. 1 3 Agreement No.A7165 Sloan Vazquez McAfee. CONSULTING SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTING SERVICES (`Agreement") is made and entered into on July 20, 2017, by and between the City of Palm Springs, a California charter city and municipal corporation (`City"), and Sloan Vazquez, Inc., a California corporation doing business as Sloan Vazquez McAfee(`Consultant"). RECITALS A. City requires the services of Sloan Vazquez, Inc., a California corporation, for professional services arising from and related to the City's solid waste franchise agreement with Palm Springs Disposal Services as detailed herein (the"Project"). B. Based on its experience, education,training, and reputation,Consultant is qualified and desires to provide the necessary services to City for the Project. C. The City Manager's is engaging Consultant under his signature authority pursuant to Palm Springs Municipal Code Section 7.03.020(7). 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 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide consulting 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. i 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. 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 for the services rendered, and reimbursed for costs and expense under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed twenty-five thousand dollars($25,000.00). 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, and costs and expense incurred, 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 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 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. 2 4.2 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 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. 4.3 Term. This Agreement shall continue in full force and effect for a period commencing on July 20,2017,and ending on a date to be determined by mutual written agreement of the parties. 4.4 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: Mr.Joe Sloan, Consultant's 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 City's 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 Against Subcontracting or Assignment. 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 3 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 Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant 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 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: Title: Joe Sloan President Enrique Vazquez Principal Charissa McAfee Principal Mr. Joe Sloan will be the primary provider of services hereunder, with Mr. Vazquez and Ms. McAfee providing services when he is unavailable. 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. 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 4 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 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. S. RECORDS AND REPORTS 8.1 Reports. As required, Consultant shall periodically prepare and submit reports to the Contract Officer concerning the performance of the services required by this Agreement. 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 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, Palm Springs Branch, 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. 5 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 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 Citv 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. 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. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. Consultant shall otherwise fully comply with 6 the provisions of Palm Springs Municipal Code Section 7.09.040 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. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E.Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Sloan Vazquez, Inc. Attention: Joe Sloan, President 3002 Dow Avenue, Suite 116 Tustin, California 92780 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each party acknowledges and agrees that such party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURES FOLLOW s IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs 2 Date: 7 3 By: APPROVED BY CITY MANAGER David City Ma Ready, Ph nager A2 u 05 APPROVED AS TO FORM: ATTEST By. By: Edward Z. Kotkin �,M1�L�ohy . Mej a t HM�- City Attorney Cit Cie "CONSULTANT" Sloan Vazquez, Inc. Date: Jul 19, 2017 By Jo an President Not To Exceed$c'c ; a Without The Authorization pf the rcity n r Manager. 9 ala � � o EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK (Including Schedule of Fees) Scope of Services: • Review and analysis of provisions of(i) the July 3, 2013 Franchise Agreement (`Franchise Agreement") between the City of Palm Springs ("City") and Palm Springs Disposal Services ("PSDS"), (ii) the July 16, 2013 Side Letter between the City and PSDS ("Side Letter"), and specific proposed amendments to the Franchise Agreement ('Amendments") as directed by the City Manager, City Attorney, and/or the City Council's ad hoc Solid Waste Franchise Agreement subcommittee ("Subcommittee") and the City staff; and • Assist with all discussions and negotiations between the City and PSDS related to the Franchise Agreement, the Side Letter, Amendments, and rate adjustments. Billing Rate & Miscellaneous Consultant's regular hourly rates are as follows: Rate Hour Principal ..................................................................................................................................... $265 SeniorAssociate......................................................................................................................... $215 Associate................................................................................................................................................ $175 MSWField Assessor.............................................................................................................................. $125 MSWEquipment Operator.................................................................................................................. $95 MSWField Labor.................................................................................................................................. $65 Administrative............................................................................................................................ $55 Sloan Vazquez, Inc. will provide services under this Agreement at the flat billing rate, applicable to all personnel, of one hundred ninety-five dollars ($195.00) per hour, with at least ninety percent (90%) of the work done by President Joe Sloan, and principals Enrique Vazquez and Charissa McAfee performing work as alternates during times when Mr. Sloan is unavailable. Mr. Sloan will personally handle all services related to negotiations and discussions with PSDS. Travel time will be billed at the reduced rate of one hundred dollars ($100.00) per hour, and only incurred at City's request. There will be no fee for services reasonably described as clerical in nature. Actual costs and expenses incurred will be reflected on Consultant's invoices and reimbursed by City. Any cost or expense in excess of one hundred dollars ($100.00) will be approved in advance by the City Manager. Fees, costs and expenses payable to Consultant hereunder shall not exceed twenty-five thousand dollars ($25,000.00). 11 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 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 Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability(errors and omissions)insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000) annual aggregate is: X 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 13 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coveraee. 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 Coveraee. 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. 14 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 Consultant's obligation to provide them. 7. Deductibles and Self-Insured Rctentions. 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 (Sevaration 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 AMS [�T272 /DDNYYY) CERTIFICATE OF LIABILITY INSURANCE R034 017 THIS CERTIFICATEIS 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 endorsements. PRODUCER CONTACT NAME: STONEBROOK INSURANCE SVCS INC/PHS (N"a"N.Er): (866) 967-8730 (FAAic,No) (888) 943-6112 186261 P: (866) 467-8730 F: (888) 443-6112 E-MAILADDRESS PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIL# SAN ANTONIO TX 78265 INSURER A: Sentinel Ins Co LTD 11000 INSURED INSURER B: SLOAN VAZQUEZ, INC. DBA SLOAN VAZQUEZ INSURERC: MCAFEE INSURER D: 3002 DOW AVE STE 116 INSURER E: TUSTIN CA 92780 INSURER 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. LVSR nPE OF LNSCBAYcE ADDL SUBR POLICY NL'.MBER POLICYEFF POLICYESP LI..VITS Af.UTDM'YY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S I, 000, 000 CLAIMS-MADE OCCUR DAMAGE TO RENTED s l O O O 000 PREMISES(EeoccurrenceJ / / A X General Llah X X 72 SEM AH6839 01/06/2017 01/06/2018 NEDEXP(Any one person) S10r 000 PERSONAL&ADV INJURY 51, 000, OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2, 000, 000 PE4 F LOG PRODUCTS AGG 52, OOO, OOO POLICY OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 000, 000 (Ee r.dert)e / ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 72 SEM AH6839 01/06/2017 01/06/2018 BODILY INJURY(Per accident) s AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OEO RETENTION$ $ p'ORSERS COJIPEASI TION' PER OTH- AATEMPLVIERS'LIABILITY STATUTE ER ANY PROPRIETORB'ARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? MIA (Mandatory in NH) ❑ E L.DISEASE-EA EMPLOYEE If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached ifmom space is required) Those usual to the Insured' s Operations . Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Palm Springs BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE 1 DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager / City Clerk AUTHORIZED REPRESENTATIVE 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page_ of AGENCY NAMED INSURED STONEBROOK INSURANCE SVCS INC/PHS SLOAN VAZQUEZ, INC. DBA SLOAN VAZQUEZ POLICY NUMBER MCAFEE SEE ACORD 25 3002 DOW AVE STE 110 CARRIER NAIC CODE TUSTIN CA 92V80 SEE ACORD 25 EFFECTIVEDATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORMNUMBER: ACORD 25 FORMTITLE: CERTIFICATE OF LIABILITY INSURANCE The City of Palm Springs, its officials, employees, and agents are named as an additional insured for any and all work performed with the city. This insurance is primary and non-contributory over any insurance or self-insurance the City may have for any and all work performed with the city. 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. ACORD 101 (2014/01) ©2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ATE ACC)R" CERTIFICATE OF LIABILITY INSURANCE D07/20//2o1 7 o7/xo7 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 INSURERISI,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 endorsemen a. PRODUCER CONTACT CS&S/STONEBROOK INSURANCE SRVCS INC NAME: C,PO BOX 946580 (A/C,NNo,Eirl (A/C,No): MAITLAND, FL 32794-6580 E-MAIL Phone-877-724-2669 ADDRESS: Fax-877-763-5122 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A INSURED INSURER B SLOAN VAZQUEZ INC 3002 DOW AVE STE 116 INSURER C: TUSTIN,CA 92780-7247 INSURER D: INSURER E American Casualty Company of Reading,Pennsylvania 20427 INSURER F: 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDITYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑PRO ❑ LOC GENERAL AGGREGATE JECT PRODUCTS-COMP/OP AGO OTHER COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Be accident) ANY AUTO BODILY INJURY(Per Derson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) HIRED F7 NON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT 1,000,000 E OFFICER/MEMBER EXCLUDED? ❑ N N 5086258125 07/10/2017 07/10/2018 (Mandatory In NH) E-L.DISEASE-EA EMPLOYEE 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION City of Palm Springs Attention :City Manager/City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3200 E.Tahquitz Canyon Way THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Palm Springs,CA 92262 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �Q t JJJJ ©1988-2UU015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD / • ® DATE(MMIDD1NYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 07/19/2017 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: Mark Rhone Stonebrook Insurance Services,Inc PaoxE FAX, t (714)779-1200 WC No):(866)8123734 P O Box 775 E-MAIL Placentia,CA 92871 ADDRESS: mark@mystonebrook.com INSURERS AFFORDING COVERAGE NAIC a License#: OH99312 INSURERA: Philadelphia Indemnity Ins Company 1805 INSURED INSURERS: Sloan Vazquez,Inc INSURER C DBA Sloan Vazquez McAfee 3002 Dow Ave Ste 116 INSURER D Tustin,CA 92780-7247 NSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 23 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF Mao EXP LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMI Ea occurrence S MED EXP(Any one person $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY L PRO PET l LOC PRODUCTS-COMP/OP AGG $ !OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ Ea..,dent ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per.ccidenlJ__- $ UMBRELLA LAB OCCUR EACH OCCURRENCE_ $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABIUTY YIN STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatary in NH) E.L.DISEASE-EA EMPLOYE $ It yes,descnbe under DESCRIPTION OF OPERATIONS WOW EL DISEASE-POLICY LIMIT $ A Professional Liab PHSD1223178 0410711017 1410712111 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks SchedNN,may be attached B more apace Is required) CERTIFICATE HOLDER CANCELLATION 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 Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE SMR 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by SMR on July 19,2017 at 04:08PM