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HomeMy WebLinkAboutA6670 - LYNN MERRILL - NAT'L POLLUTANT DISCHARGE ELIM. SYSTEM (NPDES) INSP SVCSTHE HARTFORD BUSINESS SERVICE CENTER THE 14 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 M B 01 000962 16390 H 3 A IIIIII""IIIII'II'IIIIIIIII'II'IIIIIII'IIIIIIIII�II��IIIIII"III CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 Account Information: Policy Holder Details : LYNN MERRILL AND ASSOCIATES, INC. February 24, 2025 RECEIVED MAR 0 4 2025 OFFICE OF THE CITY CLERK Ll Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 02/24/2025 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 be endorsed. If SUBROGATIONIS 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 THE LIBERTY CO INS BRKRS LLC/PHS 72186551 NAME: PHONE (866)467-8730 FAX (AIC, No): The Hartford Business Service Center E-MAIL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS INSURER(S) AFFORDING COVERAGE NAICk INSURED INSURER A: Hartford Underwriters Insurance Company 30104 LYNN MERRILL AND ASSOCIATES, INC. INSURER B : Hartford Casualty Insurance Company 29424 33724 Fairview Drive INSURER C : Hartford Accident and Indemnity Company 22357 YUCAIPA CA 92399-4222 INSURER D INSURER E : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF YY POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADEX OCCUR DAMAGE TO RENTEDnc PREMISES fEa $1,000,000 X MED EXP (Any one person) $10,000 General Liability A 72 SBM BH4RJW 01/19/2025 01/19/2026 PERSONAL & ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X PRO ❑ LOC POLICY ❑ JECT PRODUCTS - COMP/OP AGG $4,000,000 OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acc dent) $1,000,000 BODILY INJURY (Per person) ANY AUTO C AUTOS ALL OWNED X AUTOS SCHEDULED X 72 UEC ZN9080 03/04/2025 03/04/2026 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIRED NON -OWNED X AUTOS X AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS- MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER TAT TE OTH- E.L. EACH ACCIDENT $1,000,000 ANY Y/N B PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 72 WEC AK7J44 03/25/2025 03/25/2026 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. See remarks below. CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD M AGENCY CUSTOMER ID: LOC#: Ace►ADDITIONAL REMARKS SC HEDULE CHEDULE Page 2 of 2 AGENCY NAMED INSURED THE LIBERTY CO INS BRKRS LLCJPHS LYNN MERRILL AND ASSOCIATES, INC. 33724 FAIRVIEW DRIVE POLICY NUMBER SEE ACORD 25 YUCAIPA CA 92399-4222 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 AAMl'rl^LIA. ecru. l— THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 MB 01 001060 90499 H 3 A I�11i11iIIIIIIIIIIII'llllll'III'IIIIIIII I -I III'llll'I'I'lll'llll CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 Account Information: Policy Holder Details LYNN MERRILL AND ASSOCIATES, INC. February 3, 2025 RECEIVED FEB 13 2025 OFFICE OF THE CITY CLERK 0 Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 02/03/2025 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION EXTEND OR ALTER THE COVERAGE AFFORDED BY THE THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), POLICIES BELOW, THIS CERTIFICATE OF AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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: THE LIBERTY CO INS BRKRS LLC/PHS PHONE (866)467-8730 72186551 (A/C, No, Exq: T(AJNo): The Hartford Business Service Center E-MAIL ADDRESS: 3600 Wiseman Blvd San Antonio, TX 78251 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hartford Underwriters Insurance Company 30104 INSURERS: Hartford Casualty Insurance Company 29424 AND ASSOCIATES, INC. STE A FREDLANDS INSURER c : Hartford Accident and Indemnity Company 22357 INSURER D 92373-4222 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED.NOTWITHSTANDING ANY REQUIREMENT, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER Y /DD YY IN V EACH OCCURRENCE $2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 000 000 CLAIMS -MADE ❑X OCCUR PR MI X General Liability MED EXP (Any one person) $1 0,000 A 72SBMBH4RJW 01/19/2025 01/19/2026 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO ❑ LOC PRODUCTS - COMP/OP AGG $4,000,000 X JECT OTHER: COMBINED SINGLE LIMIT $1 000 000 AUTOMOBILE LIABILITY Eaccident) BODILY INJURY (Per person) ANY AUTO BODILY INJURY (Per accident) C ALL OWNED SCHEDULED X X 72 UEC ZN9080 03/04/2025 03/04/2026 PROPERTY DAMAGE AUTOS AUTOS HIRED NON -OWNED X AUTOS X AUTOS (Per accident) OCCUR EACH OCCURRENCE UMBRELLA LIAB EXCESS LIAR CLAIMS- AGGREGATE MADE DED RETENTION $ WORKERS COMPENSATION X PER STATUTEANY EO AND EMPLOYERS' LIABILITY EACH ACCIDENT,000 BPROPRIETOR/PARTNER/EXECUTIVE YINE.L. NIA 72 WEC AK7J44 03/25/2024 03/25/2025 E.L. DISEASE -EA EM0,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insured's Operations. See remarks below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF PALM SPRINGS AND ITS RESPECTIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ELECTED OFFICIALS, OFFICERS, EMPLOYEES, IN ACCORDANCE WITH THE POLICY PROVISIONS. AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY AUTHORIZED REPRESENTATIVE PALM SPRINGS CA 92262-6959 -- w---m ~%pr2r%0AT1/l AI All rinh*a racary lc_) 'I`9Oa-Lu 1D /AL Wr%N W­ _, .. '.y ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ed. AGENCY CUSTOMER ID: LOC#: Arn/7!T Page 2 of 2 �- ADDITIONAL REMARKS SCHEDULE - NAMEDINSURED AGENCY LYNN MERRILL AND ASSOCIATES, INC. THE LIBERTY CO INS BRKRS LLCIPHS — 12 NEVADA ST STE A _- - POLICYNUMBER REDLANDS CA 92373-4222 SEE ACORD 25 NAIC CODE CARRIER SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM ERTIFICATE OF LIABILITY INSURANCE FORM NUMBER: ACORD 25 FORM TITLE: C The cityof Palm Springs, its respective elected officials, officers, e s Liability Coverage Part is, agents and volunteers are named as an additional includes a Blanket Additional insured for any and all work performed with the City per the Business and noncontributory per the Business Liability Insured By Contract Endorsement, Form SL 30 32. Coverage?is primary Coverage Form SL 00 00, attached to this policy. Certificate holder is cn Additional Insured per the Commercial Auto Broad Form Endorsement HA9916 and by Endorsement attached to this policy. © 2014 ACORD CORPORATION. All rights reserved. ACORD 101 (2014101) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 TO AGREEMENT NO.A6670 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES FOR COMMERCIAL, INDUSTRIAL& RESTAURANTS THIS FIRST AMENDMENT TO Agreement ,,No. 6670 f r consulting services, (herein "Amendment") made and entered into on the A.day of 2016, by and between CITY OF PALM SPRINGS, a California charter City and municip 1 corporation, (herein "City"), and LYNN MERRILL AND ASSOCIATES, INC., a California corporation (herein "Consultant"), is hereby amended as follows: RECITALS WHEREAS, City and Consultant entered into that Agreement No. A6670 for NPDES inspection services for commercial, industrial and restaurants in the City of Palm Springs ("Agreement"), as dully amended from time to time; and WHEREAS, Consultant requests to change name of the firm "LYNN MERRILL", a sole proprietor, to"LYNN MERRILL AND ASSOCIATES, INC.," a California corporation; and WHEREAS, the parties wish to amend the Agreement to extend the contract, add additional services associated with NPDES requirements to Exhibit "A" incorporated herein, whereby Consultant shall provide professional consultant services to include inspection and monitoring, of the City's businesses in compliance with the NPDES program and perform the necessary documentation which includes compilation of data, evaluation and recommendation of updates to the City's ordinances, and provide the support necessary to City staff as necessary in meetings and generating reports to the Colorado River Water Quality Control Board. Section 1. Scope of Services, Exhibit "A", is hereby amended by adding those services identified as follows: • TASK 3 — NPDES Representation to the Whitewater Region NPDES Desert Task Force until September 30, 2016. • TASK 4 — Review and recommend updates to the city's Storm Water Ordinance, as indicated to the Colorado River Water Quality Control Board in the City's Annual Report. Effort shall include preparation of staff reports, and presentations to the City Council as needed. • TASK 5 — Provide NPDES Administrative Support to City Staff, including responses to Riverside County Flood Control and Water Conservation District requests for review and comment on various documents or technical reports, and other efforts as needed. • TASK 6 — Conduct FY15-16 Commercial, Industrial and Restaurant Inspection Program, to ensure compliance with the NPDES Permit. Section 2. Section 3.1, Compensation of Consultant, is hereby revised to reflect the total amended contract amount as herein specified by this Amendment. The Schedule of Fees, Exhibit "A", is hereby amended and increased by $25,000 to add the scope of work and is hereby revised as follows: ORIGINAL BID AND/OR AGREEMENT • TASK 3 — Not to exceed $1,800 including reimbursement of mileage at the standard IRS 2016 rate of$0.54 per mile. • TASK 4 — Not to exceed $4,000 including reimbursement of mileage at the standard IRS 2016 rate of$0.54 per mile. • TASK 5 — Not to exceed $5,700 including reimbursement of mileage at the standard IRS 2016 rate of$0.54 per mile • TASK 6—Not to exceed$13,500 at the rates set forth in the Agreement. Total maximum contract amount: $50,000 Section 3. Time for Completion, Consultant shall provide the services provided herein by this Amendment as directed by City. Section 4.4 "Term" is hereby revised to reflect a new term extending through September 30, 2016, unless otherwise extended by mutual written agreement of the parties, and subject to termination pursuant to Section 4.5 of the Agreement. Section 4. Full force and effect: Except as otherwise previously modified herein, all other provisions of the Agreement shall remain in full force and effect. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk By. 4 --4 City Manager APPRO TOOa APPROVED BY CITY COUNCIL By: A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document CONSULTANT: Lynn Merrill and Associates, Inc. Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice President The seeon hgnature most be from the Secretary,Assistant WSTm; su ss' t Treasurer ief Financial OMScer)- Not nature of Chairman of Board, ota_ ed Signature Secretary,Asst Secretary, President or any Vice President VTreasurer,Asst treasurer or Chief Financial Officer Name: 1-7u,,J NIc`.WILL Name:e�Ctr� '"ter✓//� Title: ee11 Me 01 t'9Wr Ststeof&J;l Wo i-a n StateofrJA"T, n County of ss County of -ss Onrrv,,,a gyp.,before me, On `1 'Lq before me tnT.�,.0„cr�o�n..Pi.�+�^ r ra J 2.d V rr� personally appeared 1,�Vv. Me personally appeared yk. r'Y&fyn'it who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the personA whose name(4&are subscribed to the within the personA whose namely)Qare subscribed to the within instrument and acknowledged to me that esheMey Instrument and acknowledged to me that dghhelthey executed the same in Sherltheir authorized capacity' , executed the same In QslSherMeir authorized capacity(Issf and that by doDhentheir signatum,(s( )'on the instrument the and that by(89IherMeir signaturefa)'on the instrument the pemonf !or the entity upon behalf of which the persorW person(SI, or the entity upon behalf of which the pemoW acted,executed the instrument acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. Correct. WITNESS my hand and official seal.. / WITNESS my hand and official seat. Notary Signature:� Notary Signaturevff�� G✓.A.�X> � Notary Seal: Notary Seal: 47 r "'i7Z4i-47 to a C:4RbP U R '60t1M #272474/ arY rLGI - Cai`omia Nhiary Public-California ' ths�. SfN RCNO C tnoaF ` I),L.,rrrr Fzp.Aug <4 O"y Ccn,rn Ex 4. 2F)l9i EXHIBIT "A" EXHIBIT"A" PROFESSIONAL SERVICES FOR NPDES INSPECTION SERVICES FOR COMMERCIAL,INDUSTRIAL&RESTAURANTS SCOPE OF SERVICES Project Description—The scope of work includes initial site inspection,data entry and follow-up inspection for any notices of correction that may be issued to each category of business as set forth in the below prices schedule: Task 1 Site Inspections. Fee Schedule NPDES Priority Price Per Inspection Per Facility Industrial Facilities—Sub'ect to Industrial General Permit HIGH $225.00 Industrial Facilities—Subject to Industrial General Permit— MEDIUM $180.00 Filing a Notice ofNon-Applicability Industrial Facilities—All Others LOW $90.00 Restaurants—Full Service LOW $60.00 Restaurants—All Others LOW $60.00 Commercial Facilities—Nurseries/Greenhouses, MEDIUM $75.00 Landscape/Hardscape Installers,Mobile Cleaners Commercial Facilities—All Others LOW $50.00 Post Construction Best Management Practices $150.00 Additional Per Hours Inspection For NOV's $150.00 Additional inspections which are the result of a business failing to comply with a Notice of Correction and require the issuance of a Notice of Violation(NOV) shall be billed at the team rate of$150 per hour and based on actual hour of time including travel. The Additional per Hour Inspection for NOV's will only be charged when the City requests Consultant to provide administrative and investigative support to the City for issuance of an administrative citation,civil or criminal action against a non-compliant firm. City shall provide Consultant with a current list of business licenses which will include the business name,address, and SIC/NAICS codes in an Excel format. All inspections shall conform to the generally accepted Commercial, Industrial and Restaurant Inspection practices and procedures for NPDES programs. During inspections, we shall document appropriate data as necessary to maintain adequate records of inspections, including but not limited to dates of inspections, findings, corrective actions and other information as necessary. Consultant can either use any existing inspection forms which the City currently uses to conduct these inspections or shall provide a City specific template for preparation of an appropriate inspection form which the City may use to prepare and print inspection forms for Consultant's use. Consultant shall also either enter this data into the City's Web-based database, if appropriate, or shall develop an Excel based inspection database for use in tracking and managing these inspections. If the City has an existing data system,the City shall provide appropriate log-in codes and any user manuals necessary to accomplish this data entry. All hard copies of the inspection forms will be provided to the City as appropriate; if desired, Consultant can provide filing support into the City's existing filing system as part of the services on a once per month basis at no additional cost. Consultant will provide a CD of all photographs of non-compliance on a once a month basis in order to reduce the amount of disks produced. As an alternative, Consultant shall email photographs of non- compliance to the NPDES Coordinator at the end of each day, with appropriate identification of the location or establish a cloud-based data transfer point. Consultant will coordinate any non-compliance enforcement including illicit discharge discoveries with the City's Code Enforcement staff.In the event that any Illicit Connection/Illicit Discharges are discovered,we will contact the NPDES Coordinator immediately upon discovery and if necessary, contact any first responders as appropriate, depending on the severity. Consultant can also provide any additional technical support to your city at the Senior Consultant Rate of$95.00 per hour. City is to provide Consultant with appropriate city-issued badges and/or business cards; in order to validate Consultants entrance onto businesses sites. Task 2: NPDES Inspection Fee Program — Consultant will provide assistance to City in the development of a NPDES Inspection Fee program. Consultant will prepare the appropriate Fee Study, based on City's current fully burdened labor rates or other schedules as appropriate, as well as the preparation of the staff reports, studies and ordinances and resolutions necessary to establish such a program.This includes attendance and presentation at up to three City Council meetings necessary to enact the NPDES Fee Study. Development of NPDES Inspection Fee services Not-to-Exceed$2,850.00. The followin table lists the proposed tasks,time and costs for preparing the NPDES Inspection Fee: TASK Hours COST at $95.00 Per Hour Initial Meeting with Staff 3 $285.00 Analysis of Current Ordinance and Program and determine language 4 $380.00 Development of Fee Recommendations 6 $570.00 Preparation of Fee Ordinance and Rate Resolutions 4 $380.00 Meeting with City Staff to review and Revise 3 $285.00 Preparation of Staff Report 2 $190.00 Revisions as necessary 2 $190,00 Presentation of NPDES Inspection Fee at Council M —Set Public Hearin 3 $285.00 Presentation of NPDES Inspection Fee at Council Meeting—Conduct Public 3 $285.00 Hearin TOTAL 30 $2 50.00 SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75%of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Consultant's statement of the work or tasks completed or portion performed,with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Task Lump Sum Task 1.0,Initial Site Inspection,Data Entry and Follow-up Inspections $22,150 Task 2.0,NPDES Inspection Fee Program $ 2,850 Task 3.0,NPDES Representation to the Whitewater Region NPDES Desert Task Force $ 1,800 Task 4.0,Review and recommend updates to the city's Storm Water Ordinance $ 4,000 Task 5.0,Provide NPDES Administrative Support to City Staff $ 5,700 Task 6.0.Conduct FY 15-16 Commercial.Industrial and Restaurant Inspection Program $13,500 Total(NOT TO EXCEED) $50,000 PROFESSIONAL SERVICES AGREEMENT LYNN MERRILL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES FOR COMMERCIAL, INDUSTRIAL & RESTAURANTS THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on Mmeah 11 2015, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and LYNN MERRILL, a California corporation, ("Consultant"). City and Consultant are individually referred to as "Party"and are collectively referred to as the"Parties". RECITALS A. City requires the services of a professional engineering firm for National Pollutant Discharge Elimination System (NPDES) inspection services for commercial, industrial and restaurants in City of Palm Springs("Project"). B. Consultant has submitted to City a proposal to provide inspection services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide inspection services to City as described in the Scope of ServicesNVork attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. 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 ServicesWork 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 CciGINAL BID AND/OR AGREEMEW i 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 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 time party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit °A'. The total amount of Compensation shall not exceed $25,000. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by Citys finance director. Payments shall be based on the 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 ConsuitarvCs invoice. 3.3 Chanaes. In the event any change or changes in the Scope of Servicas/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 Consultants profession. 2 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect from the date this agreement is fully executed by the City until June 30, 2016, unless extended by mutual written agreement of the parties. 4.6 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 3 make all decisions th its behalf with respect to the specified services and work: James Lu, Project Manager/Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Anainst Subcontractina or Assfanment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest 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 ConsultarWs 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 after 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: Lynn Merrill Principal 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. 4 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the 'Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters Indemnified are fully 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 Deslan Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant Is a "design professional" under Califomia Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultants employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement("Indemnified Claims"), but Consultants 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. 5 B. The Consultant shall require all non-design-professional sub- contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as wail as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon 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 Consultants 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 fumished to City upon request. 6 i 9. ENFORCEMENT OFAGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terns 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 Waive r. 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 Riahts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 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-Liabllity of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the 7 Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest No officer or employee of the City shall have any direct or Indirect financial interest In' this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she Is, directly or indirectly, Interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Aaalnst 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 connectlon with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 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-pald, 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: Lynn Merrill 35585 Barbara Lane Yucaipa, California 92399 Attention: Lynn Merrill Telephone: (951)217-1201 11.2 InWarated 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. 8 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 cant' 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. 9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: os/oa ZorS By. David H. Ready City Manager APPROVED BY CITY MANAGER APPROVED FORM: ATTEST �4L �[ By: &JokL B . Dougl s C. Holland, mes Thompson, City omey City Clerk "CONSULTANT" Lynn Merrill Date: ' aOt- dof S By : ZAX Nafne O,WLVZ l/ luuA� Title Date: Name Title Not to Exceed Without The Express Writ Manaten Autho elation Of The City 9 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other ofhcer cor ptehrg this certificate verifies only the identity of the individual who signed the doarnent to which thla carViicals is attached,and not the truthfulness,accuracy,or wdiaky of that doamreN. State of California ) County of fCia I've/ On 4- 61 S_ before me, k/N1er4r S• bate HereInArt Name and T" of the Officerp onally appeared /)II Az/, Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within hlstument and acknowledged to me that he/sherthey executed the some in his/her/their authorized capacity(fes),and that by hlalherl"r signature(s)on the Instrument the person(s►, or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph p- - - -rrrrr is true and correct. loi ERLY019570 WITNESS my hand and official seal. Ctnrrssktlot/19S70s1 _ Notary Pt k•CNIIornis _ RlwrsMa County Comm:WIM Oct 17 201sr Signature Sig of Notary Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter afteration of the document or fraudulent reattachment of this form to an unintended document Description of Altaehed Document Tide or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capeoftypes)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer —Tkle(s): ❑Corporate Officer— Tfde(s): ❑Partner — ❑Limited ❑General 0 Partner— ❑Limited ❑General ❑Individual ❑Attorney In Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other. Signor Is Representing: Signer Is Representing: 02014 National Notary Association•wwwl4ationWNotwy.org •1-800-US NOTARY(1-800-876.6827) Item#5907 11 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 12 EXHIBIT"A" PROFESSIONAL SERVICES FOR NPDES INSPECTION SERVICES FOR COMMERCIAL, INDUSTRIAL&RESTAURANTS SCOPE OF SERVICES Project Description —The scope of work includes initial site inspection, data entry and follow-up inspection for any notices of correction that may be issued to each category of business as set forth in the below prices schedule: Task 1 Site Inspections: Fee Schedule NPDES Priority Price Per Inspection Per Facility -industrial Facilities—Subject to Industrial General Permit HIGH $225.00 Industrial Facilities—Subject to Industrial General Permit MEDIUM $180.00 —Filing a Notice of Non-Applicability Industrial Facilities—All Others LOW $Woo Restaurants—Full Service LOW $60.00 Restaurants—All Others LOW $60.00 Commercial Facilities—NurserieslGreenhouses, MEDIUM $75.00 Lands elHardsca a Installers Mobile Cleaners Commercial Facilities—AII Others LOW $60.00 Post Construction Best Management Practices $150.00 Additional Per Hours Inspection For NOYs $150.00 Additional inspections which are the result of a business failing to comply with a Notice of Correction and require the issuance of a Notice of Violation (NOV) shall be billed at the team rate of $160 per hour and based on actual hour of time including travel, The Additional per Hour Inspection for NOV s will only be charged when the City requests Consultant to provide administrative and investigative support to the City for issuance of an administrative citation, civil or criminal action against a non-compliant firm. City shall provide Consultant with a current list of business licenses which will include the business name, address, and SIC/NAICS codes in an Excel format. All inspections shall conform to the generally accepted Commercial, Industrial and Restaurant Inspection practices and procedures for NPDES programs. During inspections, we shall document appropriate data as necessary to maintain adequate records of inspections, including but not limited to dates of inspections, findings, corrective actions and other Information as necessary. Consultant can either use any existing inspection forms which the City currently uses to conduct these inspections or shall provide a City specific template for preparation of an appropriate inspection form which the City may use to prepare and print inspection forms for Consultant's use. Consultant shall also either enter this data into the City's Web-based database, if appropriate, or shall develop an Excel based Inspection database for use in tracking and managing these inspections. If the City has an existing 13 data system, the City shall provide appropriate log-in codes and any user manuals necessary to accomplish this data entry. All hard copies of the inspection forms will be provided to the City as appropriate; if desired, Consultant can provide filing support into the City's existing filing system as part of the services on a once per month basis at no additional cost. Consultant will provide a CD of all photographs of non-compliance on a once a month basis in order to reduce the amount of disks produced. As an alternative, Consultant shall email photographs of non-compliance to the NPDES Coordinator at the end of each day, with appropriate identification of the location or establish a cloud-based data transfer point. Consultant will coordinate any non-compliance enforcement including illicit discharge discoveries with the City's Code Enforcement staff. In the event that any Illicit Connection/Illicit Discharges are discovered, we will contact the NPDES Coordinator immediately upon discovery and If necessary, contact any first responders as appropriate, depending on the severity. Consultant can also provide any additional technical support to your city at the Senior Consultant Rate of$95.00 per hour. City is to provide Consultant with appropriate city- issued badges and/or business cards; In order to validate Consultants entrance onto businesses sites. Task 2: NPDES Inspection Fee Program Consultant will provide assistance to City in the development of a NPDES Inspection Fee program. Consultant will prepare the appropriate Fee Study, based on City's current fully burdened labor rates or other schedules as appropriate, as well as the preparation of the staff reports, studies and ordinances and resolutions necessary to establish such a program. This Includes attendance and presentation at up to three City Council meetings necessary to enact the NPDES Fee Study. Development of NPDES Inspection Fee services Not-to-Exceed $2,850.00. The following table lists the proposed tasks, time and costs for preparing the NPDES I action Fee: TASK Hours COST at $95.00 Per Hour Initial Meeting with Staff 3 $285.00 Analysis of Current Ordinance and Program and determine language 4 $380.00 Development of Fee Recommendations 6 $670.00 Preparation of Fee Ordinance and Rate Resolutions 4 $380.00 Meeting with City Staff to review and Revise 3 $285.00 Preparation of Staff Report 2 $190.00 Revisions as necessary 2 $190 00 Presentation of NPDES Inspection Fee at Council Meeting—Set Public 3 $285.00 Hearing Presentation of NPDES I nspection Fee at Council Meeting—Conduct 3 $285.00 Public Hearin TOTAL 30 $2 860.00 14 SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task Item as determined by the Contract Officer. Each request for payment shall contain Consultant's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum Task 1.0, Initial Site Inspection, Data Entry and Follow-up Inspections $22,150.00 Task 2.0. NPDES Inspection Fee Program $ 2,850.09 Total (NOT TO EXCEED) $25,000.00 15 EXHIBIT 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) 16 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 Consutant'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 two million dollars ($2,000,000)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, 17 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 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Error; & 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 Consultants 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. Bests Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultants 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 18 such notice shall impose no obligation or liability of any kind upon the company, Its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of Insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agenttbroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-Insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severablikv 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 insurers liability. 19 .aco�i CERTIFICATE OF LIABILITY INSURANCE (P '! 0 DA12/21/2022Y) 12n1/zoz2 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 SUBROGATIONIS 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 Ileu of such endorsement(s). PRODUCER CONTACT CORMARC INSURANCE SERVICES INCIPHS 72186551 NAME PHONE (866) 467-8730 (AX:, No. Eel: FAX UUC, No): The Hartford Business Service Center E-MAIL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAICe INSURED INSURER A: Sentinel Insurance Company Ltd. 11000 LYNN MERRILL AND ASSOCIATES, INC. Hartford Insurance Company of the 37478 12 NEVADA ST STE A INSURER B : Midwest REDLANDS CA 92373-4222 INSURERC: Hartford Accident and Indemnity Company 22357 INSURER D : INSURER E : INSURER I: 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 TYPE OF INSURANCE A DL SUOR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000.000 CLAIMS -MADE a OCCUR DAMAGE TO RENTEDancel PREMISE lEa $1.000.000 eneral Liability X MED EXP IAny one person) $10,000 A 72 SBM AK3215 01/19/2023 01/19/2024 PERSONAL S ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY O JEa ❑ LOC PRODUCTS AGO $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Es awdorlt $1,000,000 ANY AUTO BODILY INJURY (Per person) C, ALLOWNED X SCHEDULED AUTOS AUTOS X 72 UEC ZN9080 03/042023 03/04/2024 BODILY INJURY (Per accide ) PROPERTY DAMAGE (Per accident) HIRNON-OWNED X ED AUTO8 X AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS. MADE E RETENTION $ WORKE COYPlNSA7N7N AND EMPLOYERS' LIABILITY X PER ISTATUTE OTM- E.L EACH ACCIDENT $1,000,000 ANY YIN B PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMSER EXCLUDED? NIA 72 WEC AK7J44 03/25/2022 03/252023 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 ION F OPERATIONS DESCRIP77ON OF OPERA77ONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N mon space Is required) Those usual to the Insured's Operations, The City of Palm Springs, Its respective elected officials, officers, employees, agents and volunteers are named as an additional insured for any and all work performed with the City per the Business Liability Coverage Form SS0008 attached to this policy. Please see Additional Remarks Schedule Acord Form 101 attached. ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. RECEIVED 3200 E TAHOUITZ CANYON WAY PALM SPRINGS CA 92262-6959 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE JAN 0 3 2023 C�t-zz-> ACORD 25 (2016/03) t=Oi k T: T: b T f 9 Girf Tat r1 i W o f a l The A8®IOdmeBlashnd logo are registered marks of ACORD ad. AGENCY CUSTOMER ID: LOC#: .aco ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED CORMARC INSURANCE SERVICES INC/PHS LYNN MERRILL AND ASSOCIATES, INC. 12 NEVADA ST STE A POLICY NUMBER SEE ACORD 25 REDLANDS CA 92373-4222 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Per the business Liability Coverage Form SS0008 attached to this policy, 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. Certificate holder is an Additional Insured per the Commercial Auto Broad Form Endorsement HA9916 and by Endorsement attached to this policy. ACORD 101 (2014/01) C 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD s THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 MB 01 000235 12563 H 2 A II-IIIIIII r-III' III 111'111111"II111111111111111,,11'111'1111111 CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 Account Information: Policy Holder Details : LYNN MERRILL AND ASSOCIATES, INC. December 21, 2022 n Contact us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team W LTRO05 �V .aco CERTIFICATE OF LIABILITY INSURANCE DATE 02/24/2023. 02/24/2023 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 pollcy(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlflcate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT CORMARC INSURANCE SERVICES/PHS 72186551 PHONE (888) 487-8730 (AID. No. EN); FAX (A/c, No): The Hartford Business Service Center E-MAIL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURERS) AFFORDING COVERAGE NAICB INSURED INSURER A: Sentinel Insurance Company Ltd, 11000 LYNN MERRILL AND ASSOCIATES, INC. INSURER B: Hartford Casualty Insurance Company 29424 12 NEVADA ST STE A INSURER C : Hartford Accident and Indemnity Company 22357 REDLANDS CA 92373-4222 1NSURERD: INSURER E : 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. INT TYPE OF INSURANCE A DL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR PREMISESA E( EEaQmT n $1,000,000 MED EXP (Any one person) $10,000 X General Liability A 72 SBM AK3215 01/19/2023 01/19/2024 PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑ PRO ❑ LOC X JECT PRODUCTS - COMP/OP AGO $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) ANY AUTO O ALL OWNED X SCHEDULED AUTOS AUTOS HIRED NON -OWNED X AUTOS X AUTOS X 72 UEC ZN9080 03/04/2023 03/04/2024 BODILY INJURY (Per soodem) PROPERTY DAMAGE (Per accident) UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE ED RETENTION $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY YIN B PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N/A 72 WEC AK7J44 03/25/2023 03/25/2024 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTIONF OPERATIONS below DESCRIP7ON OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N moro space Is required) Those usual to the Insured's Operations. The City of Palm Springs, its respective elected officials, officers, employees, agents and volunteers are named as an additional insured for any and all work performed with the City per the Business Liability Coverage Form SS0008 attached to this policy. Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS AND ITS RESPECTIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ELECTED OFFICIALS, OFFICERS, EMPLOYEES, BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED AGENTS AND VOLUNTEERS. IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE FMCEIVED 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 � � ce MAR 0 6 2023 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City Hall Reception Desk .1 AGENCY CUSTOMER ID: LOC#: ,4 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED CORMARC INSURANCE SERVICESIPHS LYNN MERRILL AND ASSOCIATES, INC. POLICY NUMBER 12 NEVADA ST STE A SEE ACORD 25 REDLANDS CA 92373-4222 NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page 2 of 2 Per the business Liability Coverage. Form SS0008 attached to this policy, 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. Certificate holder is an Additional Insured'perthe Commercial Auto Broad Form Endorsement HA9916 and by Endorsement attached to this policy. 2 ACORD 161 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo, are registered marks of ACORD r� i i THE HARTFORD BUSINESS SERVICE CENTER THE h 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 February 24, 2023 MB 01 00147883035 H 7 A ��I!IIIII�u��IL��II�ILIu6�I�Inu�lll�l�lll" ��III'�hlmll CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 Account Information: Contact Us Policy Holder Details : LYNN MERRILL AND Need Help? ASSOCIATES, INC. 'Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford•Service Team ail WLTRO05 f . ,.. .. .-; CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 12/21/2023 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 SUBROGATIONIS 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 Ileu of such endorsement(s). PRODUCER CONTACT CORMARC INSURANCE SERVICES/PHS 72186551 The Hartford Business Service Center NAMPHONE (866) 467-8730 (A/C, No, Ext): FAX (A/C, No): 3600 Wiseman Blvd RECEIVED E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Sentinel Insurance Company Ltd. 11000 LYNN MERRILL AND ASSOCIATES, INC. 12 NEVADA ST STE A City Hall REDLANDS CA 92373-4222 Reception Desk INSURER B : Hartford Casualty Insurance Company 29424 INSURER C : Hartford Accident and Indemnity Company 22357 INSURER D INSURER E : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF immlopffmi POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE �OCCUR DAMAGE TO RENTED PREMISES Es occurrence) $1,000,000 X General Liability MED EXP (Any one person) $10,000 A 72SBMAK3215 01/19/2024 01/19/2025 PERSONAL & ADV INJURY $2,000,000 RECEIVED GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY JECT PRO- ❑ LOC OTHER: JAN 0 2 2024 PRODUCTS • COMP/OP AGG $4,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO Office of the City Clerk BODILY INJURY (Per person) C ALL OWNED X7 SCHEDULED AUTOS AUTOS X 72 UEC ZN9080 03/04/2023 03/04/2024 BODILY INJURY (Per accident) X HIRED NON -OWNED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) A LIAROCCUR EACH OCCURRENCE IAB L CLAIMS- MADE AGGREGATE ETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER T U E OTH- ER E.L. EACH ACCIDENT $1,000,000 ANY YIN B PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A 72WECAK7J44 03/25/2023 03/25/2024 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERA.TI NS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Those usual to the Insured's Operations. The City of Palm Springs, its respective elected officials, officers, employees, agents and volunteers are named as an additional insured for any and all work performed with the City per the Business Liability Coverage Form SS0008 attached to this policy. Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS AND ITS RESPECTIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ELECTED OFFICIALS, OFFICERS, EMPLOYEES, BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED AGENTS AND VOLUNTEERS. IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 0 0 0 0 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED CORMARC INSURANCE SERVICES/PHS LYNN MERRILL AND ASSOCIATES, INC. 12 NEVADA ST STE A POLICY NUMBER SEE ACORD 25 REDLANDS CA 92373-4222 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 ADOII IUNAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Per the business Liability Coverage Form SS0008 attached to this policy, 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. Certificate holder is an Additional Insured per the Commercial Auto Broad Form Endorsement HA9916 and by Endorsement attached to this policy. s 0 0 0 0 ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� p� J_ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/04/2024 "IS 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 SUBROGATIONIS 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 CORMARC INSURANCE SERVICES/PHS 72186551 The Hartford Business Service Center NAMEN PHONE (866)467-8730 (AIC, No, Ext): FAX (A/C, No): 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Sentinel Insurance Company Ltd. 11000 LYNN MERRILL AND ASSOCIATES, INC. INSURER B : Hartford Casualty Insurance Company 29424 12 NEVADA ST STE A INSURER C : Hartford Accident and Indemnity Company 22357 REDLANDS CA 92373-4222 INSURER D INSURER E : 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 LTR TYPE OF INSURANCE ADDL INSIR SUER WVD POLICY NUMBER POLICY EFF M/DD YY POLICY EXP MMIDD/Y YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE-1OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 X General Liability MED EXP (Any one person) $10,000 A 72 SBM AK3215 01/19/2024 01/19/2025 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 P POLICY RO ❑ LOC RJECT PRODUCTS - COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accldentt $1,000,000 ANY AUTO BODILY INJURY (Per person) C ALL OWNED X SCHEDULED AUTOS AUTOS X 72 UEC ZN9080 03/04/2024 03/04/2025 BODILY INJURY (Per accident) X HIRED NON -OWNED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS - MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER OTH- TAT T E.L. EACH ACCIDENT $1,000,000 ANY YIN B PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 72 WEC AK7J44 03/25/2023 03/25/2024 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION F OPERATIONS bel w DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Those usual to the Insured's Operations, The City of Palm Springs, Its respective elected officials, officers, employees, agents and volunteers are named as an additional insured for any and all work performed with the City per the Business Liability Coverage Form SS0008 attached to this policy. Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS AND ITS RESPECTIvRECEIVEiD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ELECTED OFFICIALS, OFFICERS, EMPLOYEES, BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY FEB 14 2024 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PALM SPRINGS CA 92262-6959 City Hall �v C�Za V 1�kl " ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD M N Eli _... ._�.. _.. _. ,�. - .�� .. 'SS _.* s�la _ .n Y' �+.11�l:'•^'hh ''.�.a 7r's7i 'n '.('. , r. of � !t .- i �:', .,1.� .. vs .. ... - •lu.:+11 Iif � . J ACC�RC7f` AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED CORMARC INSURANCE SERVICES/PHS LYNN MERRILL AND ASSOCIATES, INC. 12 NEVADA ST STE A POLICY NUMBER SEE ACORD 25 REDLANDS CA 92373-4222 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 AUUI I IUNAL KLMAKK5 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Per the business Liability Coverage Form SS0008 attached to this policy, 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. Certificate holder is an Additional Insured per the Commercial Auto Broad Form Endorsement HA9916 and by Endorsement attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 MB 01 000762 64264 H 3 A IIII II"'IIIdIIIIIIIIIIIIIIdIdIIIIIIIIIII-IIIIIIdIIIIIII-IIII CITY OF PALM SPRINGS AND ITS RESPECTIVE ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-6959 Account Information: Policy Holder Details : LYNN MERRILL AND ASSOCIATES, INC. February 4, 2024 Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05