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A6603 - STEVE CASAREZ, RN - EMERGENCY MEDICAL SERVICE COORDINATOR
CONTRACT SERVICES AGREEMENT EMERGENCY MEDICAL SERVICES COORDINATOR-ALS THIS 4GREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on thislday of a , 20191, by and between the City of Palm Springs, a California charter city.and municipal corporation ("City"), and Steve Casarez, an RN ("Contractor"). City and Contractor are individually referred to as"Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a Emergency Medical Services Coordinator - ALS, for Palm Springs Fire Department Paramedic Program, ("Project"). B. Contractor has submitted to City a proposal to provide EMS Coordinator, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of .this Agreement, Contractor shall provide Emergency Medical Coordinator- ALS, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations. 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 1 ORIGINAL BID Revised:1/31/18 720599.1 AND/OR AGREEMENT 2. TIME FOR COMPLETION The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the parry responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed$24ff.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such 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. 2 Revised:1/31/18 720599.1 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve months, commencing on July 1, 2018, and ending on June 30, 2019, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City'may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement,with or without cause,upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Steven Casarez (name), Registered Nurse, Owner (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, 3 Revised:1/31118 720599.1 were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without-the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Steve Casarez, RN Emergency Medical Services Coordinator- ALS 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, ,policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death- of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims, arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in 4 Revised:1/31/18 720599.1 this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-professional sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non- design-professional sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 , Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Off cer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 5 Revised:1/31/18 720599.1 times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 6 Revised:1/31/18 720599.1 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either parry 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 parry. 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-DISCRE%HNATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin( i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further,that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either parry desires, or is required to give to the other parry 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 7 Revised:1/31/18 720599.1 below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either parry may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Steven Casarez,RN,NR-Paramedic 31925 Cedarhill Lane, Lake Elsinore CA, 92532 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 parry 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 Parry acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 8 Revised:1/31/18 720599.1 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: ?�� By: ��S David H. Ready, PhD City Manag Date:��!S���j By: J. vin Nalder Fire hief APPROVED AS TO FORM: ATTEST 13-�J' By:6thony Edward Z. Kotkin, MbjiK—i----' City Attorney City Clerk aN g "CONTRACTOR" Z00LOIo03 ..-,.L�.._. Steve Casarez,RN Date: ZI I2y By : cIS a .E -YG't5'1 en Date: name Not To Exceed$ 660, Without The xpre Written sure a Authorization Of The City Manager. 9 Revised:1/31/18 720599.1 �.. ,,, n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENIi awL CODE§1189 :P;,Akck'Mzb�a ,.at, 59ea�.�<«<x<a<�.r.cr A natay pebLc or o2w alCtteer cm74fisWV t1h csrfficat®verifies anly the identy of She Vivid d who sgieed the dom menttowfuchthis cmff=±a hattached,and twtthstnrltifr nw%amaaacy.ervBbftafd=docurent. State of C39PUfM County of on before rne. 'a- aaZ a Kkh rl A PUI C ste U�ei�l f' 1 e Fused lbaa and Tift of His Offfcer personally appeared Gt,Say t:z, Namsfs)Of Slgner(s) who pmvad to me on the tasis of safiafadory evidence to be flea person(p)whoze nwns(s) lafare subwnbed to the udhin itabut. wW acknowledged to me that hefsheFdhey executed the aame in hesfihwf m3irmdhorizedcspscdy(res).andthatbyhislteerftteaaasgasiva(s)ontheiieahamaerdihaperson(s), orthe entity upon behalf of which the peramle)acted.executed the irahument. I certfy order PENALTY OF PERJURY ender the buta of the State of CaCffomis thrst the foregairig paragraph is true and correcL VATNESS�NINA GARCIA-DIA'� �aL U r E�aE. COMM.#2195462 v (� � Y NOTARY PUBLIC .CALIFORNIA Sigreatrae r' RIVERSIDE COUNTY ) ~ °quFQV% COMM.EXPIRES MAY 4,2021-` 3 ofAlotary phea fth uy EaahAbove 0FrHDA4L Though ffm worn is opefotsd,compel g H&infammborr can dater aPtmuteon of f m document or fsaudtstent c urrent of ffas form to an unydanded docwnent Descripfian of Attached Doctimenit Tills or"type of Doomnesrt: Docitme e#Date-- Number of Page Signa*)Other Than Named Above CapadWes)Clammed by Signer(p) Signet's Names Signets Nsme: ❑Coporate Officer—Title(z)_ ❑Oogx afe Officer—Tdle(z). ❑Partner— ❑L&rrftW ❑Genet ❑Partner— ❑Limited ❑General ❑Ind db3l ❑Attorney ie Fad ❑to far&W ❑Attorney in Fact ❑Trustee ❑Gumdan or Conservator ❑Trustae ❑Gtmrrlian or Conservator ❑Other_ ❑Other_ Signer la Repro wUnW- Signer ks Represeniieg. 02014 Ns6onat Notsay Wszociation-www .erg-14MI-US NDTARY(1-SOU-8704M27) Henn#5W 10 Revised:1/31/18 720599.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 11 Revised:1/31/18 720599.1 EXHIBIT "A" SCOPE OF SERVICES The Emergency Medical Service Coordinator for the department's Advanced Life Support Program (ALS) will provide services including; but.not limited to the following: e Supervise the orientation and accreditation process for all Fire Department personnel entering the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program. O Provide requested information to the Fire Department Administration regarding the progress of all paramedic personnel involved with the Program. Maintain separate files on each Fire Department Paramedic, as it relates to ALS. • Review Patient Care Reports (PCR) forms for the purpose of maintaining Qualify Assurance/Improvement objectives as filed with the Riverside County EMS Agency. • Maintain and audit all forms related to controlled substances (verification, usage, and incident reports). • Upon written request, provide the Riverside County EMS Agency any PCR or patient care data for the purposes of data management quality improvement, or system issues. Performance of this will be coordinated with the Fire Department Administration. • Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for American Medical Response (AMR) to provide field care audits, system changes, and protocol updates for all Fire Department paramedics. • Offer ALS and BLS continuing education classes, structured for Fire Department purposes, but open to any EMS personnel. • Provide field observation (ride-a-longs) with Fire Department paramedics. Observations will be documented in writing, and maintained in personnel files. • Provide skills refresher courses for Fire Department paramedics as needed. • Review and update on an annual basis, the Fire Department Quality Assessment/ Improvement (QA/Ql) Plan in accordance with County EMS requirements. • When requested, conduct quality assessment reviews as outlined in Policy#2200 of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals. • Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals maintained by the Fire Department. This would include audits of the manuals held by the paramedics. • When requested, attend meetings, seminars,, and continuing education classes that will enhance delivery of EMS to Palm Springs. • The ALS Emergency Medical Service Coordinator will not be directly involved in entry level or promotional testing process. The ALS Coordinator may provide input and recommendations to department supervisors on ALS related issues during employee's probationary status and employee annual evaluations. • Perform other EMS related services, not specifically contained herein, as requested by the Fire Chief �r his/her designee. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation for services shall not exceed $24,900.00. e The Contractor shall be compensated for services rendered under Exhibit "A", Scope of Services, at an hourly rate of$40.00 per hour. Such hourly rate shall be reviewed annually by the City and the Contractor. Based upon satisfactory performance by the Contractor, the hourly rate may be adjusted annually, based upon the CPI (National). ® Certain fees and premiums are eligible for reimbursement to the Contractor by the City as outlined in Section 4.0. The Contractor must invoice the City separately for reimbursement. Any differential increased cost for such insurance outlined in 4.1(c) to the. Contractors base automobile insurance must be documented by the insura�ce agent and attached to the invoice. 9 City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on a case-by-case basis and with prior written approval by the City. EXHIBIT "C" (SPECIAL REQUIREMENTS) 1. Worker's Compensation Insurance is not required for this Agreement as the Contractor does not have any employees. 2. The liability limit on Contractor's automobile policy is hereby changed from $1,000,000 to $300,000. 3. Contractor shall procure and maintain for the entire term of this Agreement a policy of Professional Liability Insurance in the amount of$1,000,000. i EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:1131/18 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum 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: / ✓ required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 13 Revised:1/31118 720599.1 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. t,.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 workperformed 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. 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. 14 Revised:1/31/18 720599.1 In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:1/31/18 720599.1 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR EMERGENCY MEDICAL SERVICE COORDINATOR - (ALS) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 1st day of July, 2017, by and between the CITY OF PALM SPRINGS, a municipal corporation (hereinafter "City") and STEVE CASAREZ, RN, (hereinafter "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B"and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty four thousand nine hundred Dollars ($ 24,900.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit"B", Schedule of Compensation. ORIGINAL BID AND/OR AGREEMENT 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Steve Casarez RN, is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Fire Chief J. Kevin Nalder is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontractinq or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements, attached hereto as Exhibit "C". The Special Requirements may also contain additional provisions that may modify the minimum insurance requirements as stated in Section 4.1. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2018. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days'written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 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. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 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. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other parry or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement. CITY OF PALM SPRINGS, a municipal corporation By City Manager Date ATTE T: W 1 ��t,1li By Clerk Date APPROVED BY MY MMIAGER it APP AS TO ORM: By City Attorney Date Not to Exceed $ bad Without The Express— -- Authorization x Written Manage; The City CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary.Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). 7 B By: ign arized) ignot Ized) Name: Srrc- C'hS.1C2C-- Z Name: �'It`Jc 1.1 CASF�REZ Title: A•LS GocT�-� nt►r1�2 ,�+�/ Title: 01 -s Cc�02Dl�I��2 � I`Zr� State nia =_ State fccl ljorrur, Count of 1V6'5i&_ =ss County of -e4i �4511 Nfka.Ga-da- / er,}c �- a Ong ZS before me, fllaZ ��iC. On f/�!� beforem rn� personally appeared personally appeored&e-yen Ccc Sca/r--7- — or proved to me on the basis of satisfactory evidence to be proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed tothewithin the persorokwhose namejWo0gK subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknovAedged to me that d23stie/4As'Y executed the some in his/her/their authorized capacity, executed the same in(h /iNK authorized capacity, and that by his/her/their signature(s)on the instrument the and that by g*W/tt rAk signature(t?){on the instrument the person(s),or the entity upon behalf of which the person(s) persorlWor the entity upon behalf of which the persoRK acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: :.;. NAG ARCIA DIAZ JENNIFER B. RUTH� COMM. #2195467_ COMM.#2199272 r NOTARY PUBLIC CALIFORNIA (�9NOTARY PUBLIC CALIFORHIA RIVERSIDE COUNTY O RIVERSIDE COUNTY 0 n a�� COMM.EXPIRES MAV 4 2021 ' -� COMM.EXPIRES MAY 27,2021 EXHIBIT "A" SCOPE OF SERVICES The Emergency Medical Service Coordinator for the department's Advanced Life Support Program (ALS) will provide services including; but not limited to the following: • Supervise the orientation and accreditation process for all Fire Department personnel entering the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program. • Provide requested information to the Fire Department Administration regarding the progress of all paramedic personnel involved with the Program. • Maintain separate files on each Fire Department Paramedic, as it relates to ALS. • Review Patient Care Reports (PCR) forms for the purpose of maintaining Quality Assurance/Improvement objectives as filed with the Riverside County EMS Agency. • Maintain and audit all forms related to controlled substances (verification, usage, and incident reports). • Upon written request, provide the Riverside County EMS Agency any PCR or patient care data for the purposes of data management quality improvement, or system issues. Performance of this will be coordinated with the Fire Department Administration. • Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for American Medical Response (AMR) to provide field care audits, system changes, and protocol updates for all Fire Department paramedics. • Offer ALS and BLS continuing education classes, structured for Fire Department purposes, but open to any EMS personnel. • Provide field observation (ride-a-longs) with Fire Department paramedics. Observations will be documented in writing, and maintained in personnel files. • Provide skills refresher courses for Fire Department paramedics as needed. • Review and update on an annual basis, the Fire Department Quality Assessment/ Improvement (QA/QI) Plan in accordance with County EMS requirements. • When requested, conduct quality assessment reviews as outlined in Policy#2200 of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals. • Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals maintained by the Fire Department. This would include audits of the manuals held by the paramedics. • When requested, attend meetings, seminars, and continuing education classes that will enhance delivery of EMS to Palm Springs. • The ALS Emergency Medical Service Coordinator will not be directly involved in entry level or promotional testing process. The ALS Coordinator may provide input and recommendations to department supervisors on AILS related issues during employee's probationary status and employee annual evaluations. Perform other EMS related services, not specifically contained herein, as requested by the Fire Chief or his/her designee. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation for services shall not exceed $24,900.00. The Contractor shall be compensated for services rendered under Exhibit "A", Scope of Services, at an hourly rate of$40.00 per hour. Such hourly rate shall be reviewed annually by the City and the Contractor. Based upon satisfactory performance by the Contractor, the hourly rate may be adjusted annually, based upon the CPI (National). • Certain fees and premiums are eligible for reimbursement to the Contractor by the City as outlined in Section 4.0. The Contractor must invoice the City separately for reimbursement. Any differential increased cost for such insurance outlined in 4.1(c) to the Contractors base automobile insurance must be documented by the insurance agent and attached to the invoice. • City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on a case-by-case basis and with prior written approval by the City. EXHIBIT "C" (SPECIAL REQUIREMENTS) 1. Worker's Compensation Insurance is not required for this Agreement as the Contractor does not have any employees. 2. The liability limit on Contractor's automobile policy is hereby changed from $1,000,000 to $300,000. 3. Contractor shall procure and maintain for the entire term of this Agreement a policy of Professional Liability Insurance in the amount of$1,000,000. Ro CERTIFICATE OF LIABILITY INSURANCE Dill/20 17 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()es)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Courtney Hanks R. David Bulen Insurance PHONE • (951)674-0675 FAXUUC.joicNo%.(951)674-2315 P.O. Box 115 DDIL :courtney@bulen.com INSURE S AFFORDING COVERAGE NAIC# Lake Elsinore CA 92531-0115 INSURERAOhio Security Insurance Co. 24082 INSURED INSURER B Casarez, Steven INSURERC: 31925 Cedarhill Ln INSURER D: INSURER E: Lake Elsinore CA 92532 INSURER F: COVERAGES CERTIFICATE NUMBER-CL1710112 3 0 63 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 INSURANCEALWL SUER POLICY EFF POLICY EXP POUCY NUMBER MM! MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY NTED DAMAGE ccurrance $ 500,000 A CLAIMS-MADE OX OCCUR X BLS56212887 /15/2017 8/15/2018 MED EXP(Any one person) $ 15,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PMT L1 RO- AUTOMOBILE $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OS SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ S UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LUIB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE / OFFICERIMEMBER EXCLUDED7 NIA E.L.EACH ACCIDENT $ (Mandatory in NH)If .L.DISEASE-EA EMPLOYE $ ye DES Cs,RIPTION describe under OF OPERATIONS belax E.L.DISEASE•POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Bmom space Is required) m City of Pal Springs is named as additional insured per the CG2010 04/13 and CG2037 04/13 endorsements attached. Coverage is primary and non-contributory per the attached CG8810 04/13. 30-day notice of cancellation, except for 10-day notice of cancellation for nonpayment of premium. 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 East Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE � ,� +�.y� Alivia McMahon/ALIVIAn/�o`� '� vit � J Lf�V� Q horu ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 romnrAi nt Tha Ar.npn noma and Inn^2m ranictarad marls of Arnon Certificate of Exemption from Workers' Compensation Insurance TO: City of Palm Springs ATTN.- City Clerk and Risk Manager SUBJECT., Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a CK sole proprietor ❑ partnership ❑ closely held corporation and do not have any employees whose employment requires me to cant' workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with any such laws or regulations. Risk ent proval: STEVE^1 CflSARC-7- Printed Name of Contractor Date Date ACNA HEALTHCARE PROVIDERS SERVICE ORGANIZATION Certificate of 3nourance GROUP mnso OCCURRENCE POLICY FORM Prises organza 7 Print Daate:te: 8/23/201 Producer Branch Prefix Policy Number Policy Period 018098 970 HPG 0583873504 from 05/17/17to 05117/18at 12:01 AM Standard Time Named Insured and Address: Program Administered by: Steven Casarez Nurses Service Organization 31925 Cedarbll Ln 159 E. County Line Road Lake Elsinore,CA 92532-2617 Hatboro, PA 19040-1218 1-800-247-15W www.nso.com Medical Specialty: Code: insurance is Registered Nurse provided by: 80964 American Casualty Company of Reading, Pennsylvania Excludes Cosmetic Procedures 333 S.Wabash Avenue, Chicago, IL 60604 Professional Liability $1,000,000 each claim $6,000,000 aggregate Your professional liability limits shown above include the following: " Good Samaritan Liability ' Malplacement Liability Personal Injury Liability ` Sexual Misconduct Included in the PL limit shown above subject to$25,000 aggregate sublimit Coverage Extensions License Protection $25,000 per proceeding $25,000 aggregate Defendant Expense Benefit $1,000 per day limit $25,000 aggregate Deposition Representation $ 10,000 per deposition $10,000 aggregate Assault Includes Workplace Violence Counseling Medical Payments $25,000 per person $100,000 aggregate First Aid $10,000 Damage to Property of Others Per incident $10,000 aggregate Information $ 10,000 per incident $10,000 aggregate Privacy(HIPAA)Fines and Penalties $25,000 per incident $25,000 aggregate General Liability General Liability $1,000,000 each claim/ $1,0W,000 aggregate Fire 8 Water Legal Liability Included in the GL limit shown above subject to$250,D00 aggregate sublimit Personal Liability $1,000,000 aggregate Total$ 276.00 Base Premium $276.00 Premium reflects Self Employed ,Full Time Policy Forms✓4 Endorsemente(Plesse see attached list for a general description of many common policy forms and endorsements.) G-121500-D G-121501-Cl G-145184-A G-147292-A 6SL15563 GSL15584 GSL15565 GSL17101 GSL13424 CNAB0051 CNA80052 G-123846-D04 CNA81753 CNA81758 CNA82011 CNA79575 G-121504-C GSL-5587 Medical Speciality is amended to include Consulting Services(G/SL-5587) Keep tMs document in a safe place.it and proof of Payment are your Proof coverage. There is no coverage in force unless the premium is paid in fuA/n order Chairman of th Board Secretary to activate your coverage,pfeese remit premium in ful by the effective date of this Certificate of Insurance. G-141241-8(03/2010) Coverage Change Date: Endorsement Master Change pate�11433 r l ACSC 7/25/2017 4:46:56 PM PAGE 4/009 Fax Server Interinsurance Exchange of the Automobile Club Automobile Insurance Policy Coverages and Limits Rent"Dealaradons We are Pleased to Offer you a renewal for your automobile Insurance policy. To renew your policy,send at last the minimum peymerrt on or before the due date. Msurancw is In effect ordy for the vehicles,coverage,and limits of liability shown on this declarations page and as set forth In the le»uranas policy end endoraerllenfs. These d0 darations,together with the oontract are the endo seine to in effect,complete your policy, tf any t111rrge 10 your policy or to the infonrutlon we have on file results In a pnardurn decrease during the policy period,to Interinsurance Exchange raw*"1110 right 10 apply any refund due to your outstanding balance. NAMt� 1, CASAREZ,STEVEN AUTO POLICY NU@IM;"CAA 07S 2030 3190 CEDARMILL LANE POLICY PERIOD(PACIFIC STANDARD TIWE LAKE ELSINORE CA 9=-2617 POLICY EFFECTIVE DATE: 12.2e-10 12:01 A.M. POLICY EXPIRATION DATE: 12 26.17 12:01 A.M. Y&focLas 0 ' YEAR MAKE MODEL IDENTIFICATION VEHICLE GARAGE ANNUAL" VERIFIED 1 2LIM TTTA TUNDRA GREW MAX LTD 5TFDV5817tIXUM452 PLEASURNUMBIER USEE ZIP CODE MILES MILEAGE SALVAGE 2 1852 CHEV CIO 2C1URE 92532 17,501.20,000 NO NO 44L712450 PLEASURE g2532 1- 500 NO3 2015 VLVO V50 SW T5 DRN ..E YV128MEB5F1206171 COMMUTE 92532 7.501-10,000 4 2007 CARS TITAN TOW HAULER 4HXFC182S7C124232 02532 NO NO oov®to"AND I.Imrm Coveap'a b rat In~unim a Pramrorn or the wrd 9r sluded"N alrewn ANNUAL PREMIUMS COVERAGES LILIR8 OF LualulY - - Vehicle 1 Vehicle 2 Vehicle 3 Vehicle 4 Vshicle L/rbpll)r , Bodly Injury $11,000,000 each persaU $1.a0O OOO each oo urrerrc $1200 i 123 ' 310 'No Cove e; Properlyf�tnpe $1,000,DOO eadlocarmenoe � $710 � 553. � ! � ! Alfo7a/ $142 ;No Coverage! ; Ewen Madfoal Pe $5,000 each t 34 $is i 24 ;No Coverage; PhYsicM Drmagra War are vma ens..an..w.alw,rave ad+oaee) ' VMdo 1 VOMIN 2 VaNdo 3 VWkW 4 VrNde Oomprehonahs ACV No Coverage ACV 810000 r a 177 !No Coverage! $62 i (Less DedUCWA) WOO No Coverage 5500 g250 $52 (Low Deduallble) $1000 No ACV No Coyerape ACV $10000 S se1 Coverage $1000 $250 iNo Coverage: $347 ! $04 Car RaMd Experue ' (P•r GIN) S35 No Coverage S35 No Coverage I ' Unarautimd Motorist r$� �No Covers is, $82 iNo Coverage: r Bodily Injury. 81-OCAMO each person/ St.000,000 each sodden! � 3226 I f 54 I S 134 No Coverage! Una rnured a Underirrwrsd Vehidea i i r�e� Uninsured Deosion WeMr :No Cow ; t>• �; Uninsured Collision I eragaINo Covan Wo Coven 'No Covenrae; Total rmrmUm No Coverage S S No Coven ,'No Coverage! 3 3475 ; S 253 S 1101 PRMG W 01/he armb 'No COVerW Indicates cove"nct purchasad. Peso refer io the arrelo••d document entitled`Prernlum Okeeunhe Applied to YLrnr AutomgWle Pdloy." Total Mewl Premium'fI If at any time you choose to pay Isla than the fill balance outstanding, ttcudeeaeppeahledeoeuual S 4945 as explained of up to 1.8 t per month of the baience outstanding will apply Leas Policyholder Savings Dividend your billing statements,which we art of these dederadons. S 818 P S 4427 To sea Ilse annual mlleaga for your expiring pOlicyr Plisse refer to the Net nmium "Notice of Annwl Mg e" catbrined in r nliewal paqiqagsL 4 r 1 PROCUB DATE 11.1848 PLEASE ATTACH TO YOUR POLICY 13BE REVERS&) ' CnWW b llri0rlMI& Policy Number. Isberly Ohio Security Insurance Company-a stock company BLS '(18) 06 27 2111187 Mutual. Policy Period: INSURANCE Frors 88I1M 17 To W111 Z81d 12,01 am Standard Time at Insured Mailing Location Common Policy Doclam eons Nowd leenrsd A8eo1 CASAREZ, STEVEN (951) 674.0675 R DAVID BULEN INSURANCE AGENCY POLICY FORMS AND ENDORSEMENTS This section lists the Fors and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FM NIN WE8 TITLE CG 00 01 04 13 Commercial General Liability Coverage For- Occurrence CG 20 10 04 13 Additional Insured- Owpera.Lessees or Contractors Sgheduled Person or - Orgstizaticd., CG 20 37 04 13 Additionaldneured-'Owners, Lessees or Contractors- Completed Operations CO 2106 05'14 Exclusion- Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability-With Limited Bodily Injury Exception CO 2147 12 07 Employment-Related Practices Exclusion CO 2165 12 04 Total Pollution Exclusion with a Building Heating, Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception CG 2167 12 04 Fungi or Bacteria Exclusion CO 2170 01 15 Cap on Losses from Certified Acts of Terrorism CG 21 76 01 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG'24 26 04 13 Amendment of Insured Contract Definition CG 32 34 0105 California Changes CG 84 99 01 12 Non-Cumulation Of Liability Limits Same Occurrence CG 85 15 09 03 Exclusion- Professional Services CG 88 10 04 13 Commercial General Liability Extension CG 88 60 12 08 Each Location General Aggregate Limit CG 88 77 12 08 Medical Expense At Your Request Endorsement CO 88 86.12 08 Exclusion Asbestos Liability,; CG 90 41 01 13 Amendment Of Coverage B Personal And Advertising Injury IL 00 17 1198 Common Policy Conditions IL 00 2109 08 Nuclear Energy Liability Exclusion Endorsement(Broad For) In witness whereof, we have caused this policy to be signed by our authorized officers. Marie Toubey Paul Condrin Secretary President Totowta cleft,call ya►rAyeat or 1.801I-M-GM DS70211116 07/03/17 56272887 POLSVCS 280 GC)T-PPNO INSURED COPY OD0110 PAGE 14 OF 72 comw Is PMFI*d Is. Policy Number; MutUbeua Ohio Security Insurance 6omparry a stock company Ms (18) SO 27 21187 ' Policy Period: uuuroaMee CODNIIemild'Qimind u8bill" Flom M II/M7 To OB/I5W8 Declam lons 12,01 am Standard 71me at Insured Mailing Location Basis:Occurrence Rand Imrod Apd CASAREZ, STEVEN (951) 674-0675 R DAVID BULEN INSURANCE AGENCY SUMMARY OF LIMITS AND CHARGES commerelel DESCRIPTION LINT 89"Ml Eaeb Occurrence Limit 1,000,000 Llommy Damage To Premises Rented To You Limit (Any One Premises) 500,000 umlb of leemsAce Medical Fxpense Limit (Any One Person) 15,000 Personal and Advertising Injury Limit 1,000,000 General Aggregate Limit (Other than Products - Completed Operations) 2,000,000 Products-Completed Operations Aggregate Limit 2,000,000 Expaeetlan ei DESCRIPTION PR mm Chetgee General Liability Schedule Totals 502.00 Policy Writing Minimum Premium Adjustment 176.00 Certified Acts of Terrorism Coverage 5.00 Total Advance Charges: $683.00 Note: This is not a bill To r0o f o chdoo call yourAptt or 141110 LLOI W DS 70 22 0108 07/03/17 56272887 POLSVCS 280 GCXFPPNO INSURED COPY 000110 PAGE 17 OF 72 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 N PROPERTY DAMAGE LIABILITY -ELEVATORS 2 o � a EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 a " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to cant' persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A- Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) s If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 i b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: s 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises s that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph. (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph i.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. x 2. Paragraph i.d. is replaced by the following: s d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. a G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or m 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph i.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. a The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. m 20131.iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury' or"property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or a (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. a d. "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 8 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. s This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co"employee" while in the course of his or her employ- s ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; s (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you: Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority i� interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you s acquired or formed the organization; and $ c. Coverage B does not apply " pp y to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. rEMEEW a= No person or organization is an insured with respect to the conduct of any current or past partnership, joint s venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. m 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. x a a ® 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CO 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Parson(s)Or Organization(s): City of Palm Springs 3200 East Tahquitz Canyon Way PALM SPRINGS, CA 92262 Locations) Of Covered Operations 3200 East Tahquitz Canyon Clay, Palm Springs, CA Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II Who Is An Insured Is amended to S. With respect to the insurance afforded to Include as an additional insured the person(s) these additional insureds,the following addi- or>organization(s) shown In the Schedule,but tional exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodilyIn- jury", "property damage" or "personal and jury"or" property damsge'poccurring aftr: advertising injury" caused, in whole or in 1. All work, including materials, parts or part,by: equipment furnished In connection with 1. Your acts or omissions; or such work,on the project(other than ser- 2. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing Insured(s) at the location of the covered operatons for-the additional Insured(s) at the operations has been completed; or location(s)designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The insurance afforded to such additional to its Intended use by any person or or- insured only applies to the extent permit- ganization other than another contractor ted by law; and or subcontractor engaged in performing 2. If coverage provided to the additional in- operations for a principal as a part of the same project. sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1, Required by the contract or agreement; or 2. Available under the applicable Limits of a� Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. s s P a Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 HEALTHCARE PROVIDERS SERVICE CNAORGANIZATION PURCHASING GROUP mnso Certificate of 31n!nurance nurses service organization- OCCURRENCE POLICY FORM Print Date: 12/20/2017 Producer Branch Prefix Policy Number Policy Period 018098 970 HPG 0583873504 from 05/17/17to 05/17/18at 12:01 AM Standard Time Named Insured and Address: Program Administered by: Steven Casarez Nurses Service Organization 31925 Cedarhill Ln 159 E. County Line Road Lake Elsinore, CA 92532-2617 Hatboro, PA 19040-1218 1-800-247-1500 www.nso.com Medical Specialty: Code: Insurance is provided by: Registered Nurse 80964 American Casualty Company of Reading, Pennsylvania 333 S. Wabash Avenue, Chicago, IL 60604 Excludes Cosmetic Procedures Professional Liability $1,000,000 each claim $6,000,000 aggregate Your professional liability limits shown above include the following: • Good Samaritan Liability ' Malplacement Liability Personal Injury Liability • Sexual Misconduct Included in the PL limit shown above subject to $25,000 aggregate sublimit Coverage Extensions License Protection $ 25,000 per proceeding $ 25,000 aggregate Defendant Expense Benefit $ 1,000 per day limit $ 25,000 aggregate Deposition Representation $ 10,000 per deposition $ 10,000 aggregate Assault $ 25,000 per incident $ 25,000 aggregate Includes Workplace Violence Counseling Medical Payments $ 25,000 per person $ 100,000 aggregate First Aid $ 10,000 per incident $ 10,000 aggregate Damage to Property of Others $ 10,000 per incident $ 10,000 aggregate Information Privacy(HIPAA) Fines and Penalties $ 25,000 per incident $25,000 aggregate General Liability General Liability $1,000,000 each claim/ $1,000,000 aggregate Fire &Water Legal Liability Included in the GL limit shown above subject to$250,000 aggregate sublimit Personal Liability $1,000,000 aggregate Total: $ 276.00 Base Premium $276.00 Premium reflects Self Employed , Full Time Policy Forms& Endorsements(Please see attached list for a general description of many common policy forms and endorsements.) G-121500-D G-121501-Cl G-145184-A G-147292-A GSL15563 GSL15564 GSL15565 GSL17101 GSL13424 CNA80051 CNA80052 G-123846-D04 CNA81753 CNA81758 CNA82011 CNA79575 G-121504-C GSL-5587 Medical Speciality is amended to include Consulting Services (GSL-5587) Keep this document in a safe place.It and proof of payment are your proof coverage. There is no coverage in force unless the premium is paid in fufl.In order Chairman of th Board Secretary to activate your coverage, please remit premium in full by the effective date of this Certificate of Insurance. \ Master Policy#188711433 t;-1d19d1-R/moA/9n1n1 Coveraqe Chanqe Date: Endorsement Change Date: POLICY FORMS & ENDORSEMENTS The following are the policy forms and endorsements that apply to your current professional liability insurance policy. COMMON POLICY FORMS& ENDORSEMENTS FORM # DESCRIPTION G-121500-D Common Policy Conditions G-121501-C1 Occurrence Policy Form - California G-145184-A Policyholder Notice - OFAC Compliance Notice G-147292-A Policyholder Notice - Silica, Mold &Asbestos Disclosure GSL15563 Information Privacy Coverage Endorsement HIPAA Fines, Penalties& Notification Costs GSL15564 Sexual Misconduct Sublimity of Liability Professional Liability &Sexual Misconduct Exclusion GSL15565 Healthcare Providers Professional Liability Assault Coverage GSL17101 Exclusion of Specified Activities Reuse of Parenteral Devices and Supplies GSL13424 Services to Animals CNA80051 Amended Definition of Personal Injury Endorsement CNA80052 Distribution or Recording of Material or Information in Violation of Law Exclusion Endorsement G-123846-D04 California Cancellation and Non-Renewal CNA81753 Coverage & Cap on Losses from Certified Acts Terrorism CNA81758 Notice - Offer of Terrorism Coverage & Disclosure of Premium CNA82011 Related Claims Endorsement CNA79575 Exclusion of Cosmetic Procedures G-121504-C General Liability Form GSL-5587 Consulting Services Liability Endorsement PLEASE REFER TO YOUR CERTIFICATE OF INSURANCE FOR THE POLICY FORMS & ENDORSEMENTS SPECIF TO YOUR STATE AND YOUR POLICY PERIOD. For NJ residents: The PLIGA surcharge shown on the Certificate of Insurance is the NJ Property & Liability Insurance Guaranty Association. For KY residents: The Surcharge shown on the Certificate of Insurance is the KY Firefighters and Law Enforcement Foundation Program Fund and the KY LGPT is the KY Local Government Premium Tax which includes charges at a municipality and/or county level. For WV residents: The surcharge shown on the Certificate of Insurance is the WV Premium Surcharge. For FL residents: The FIGA Assessment shown on the Certificate of Insurance is the FL Insurance Guaranty Associatii - 2012 Regular Assessment. Form#:G-1 41241-B (0312010) Named Insured:Steven Casarez Master Policy#:188711433 Policy#: 0583873504 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR EMERGENCY MEDICAL SERVICE COORDINATOR - (ALS) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this list day of July, 2016, by and between the CITY OF PALM SPRINGS, a municipal corporation (hereinafter "City") and STEVE CASAREZ, RN, (hereinafter "Contractor'). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1 .3 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty four thousand nine hundred Dollars ($ 24,900.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit"B", Schedule of Compensation. ORIGINAL BID AND/OR AGREEMENT 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Steve Casarez RN, is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Fire Chief J. Kevin Nalder is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as willfully comply with the laws of the State of California and which will include $1,000,000 employer§s liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements, attached hereto as Exhibit "C". The Special Requirements may also contain additional provisions that may modify the minimum insurance requirements as stated in Section 4.1. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor§s activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of orfailure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the eventthe City, its officers, agents oremployees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of orfailure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2017. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days'written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 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. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City orfor any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 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. 6.4 Notice. Any notice, demand, request, document, consent, approval,or communication 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 prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement. CITY OF PALM SPRINGS, a municipal corporation By City Manager Date ATTEST: 08 City Clerk Date APPROV TO FORM: j4 By City At orney Date APPROVED BY CITY MANAGER CONTRACTOR: Check one: _Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By gnature/ ed) Sig n t zed)) Name: -6Ven ,S. C nalre2— Name: Title:EAS Ci rrAtrxt�-or Title: State of `� = State of County of rS�de =_ss p County of =_ss On 7AA4j3L before me F. d11 +m�oerg On before me, —, P4 6 1t personally appeared . ten � (+vsnraz personally appeared_ or proved to me on the basis of satisfactory evidence to be proved to me on the basis of satisfactory evidence to be the person(s)whose name(s is re subscribed thewithin the persons)whose nome(si is/are subscribed to the within instrument and acknowledged to me that he she/they instrument and acknowledged to me that he/she/they executed in ame in his her/their authorized capacity, executed the some in his/her/their authorized capacity, and that by�er/their signature(s)on the instrument the and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. �9 WITNESS my hand and official seal. Notary Signature: Qj,Ww IC rYd Notary Signature: Notary Seal: Notary Seal: JUDY FAY BLUMBERG Commission N 2080592 _ =: Notary Public -California i ' - Riverside County M Comm. Expires Oct 2, 2018 EXHIBIT "A" SCOPE OF SERVICES The Emergency Medical Service Coordinator for the department's Advanced Life Support Program (ALS) will provide services including; but not limited to the following: • Supervise the orientation and accreditation process for all Fire Department personnel entering the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program. • Provide requested information to the Fire Department Administration regarding the progress of all paramedic personnel involved with the Program. • Maintain separate files on each Fire Department Paramedic, as it relates to ALS. • Review Patient Care Reports (PCR) forms for the purpose of maintaining Quality Assurance/Improvement objectives as filed with the Riverside County EMS Agency. • Maintain and audit all forms related to controlled substances (verification, usage, and incident reports). • Upon written request, provide the Riverside County EMS Agency any PCR or patient care data for the purposes of data management quality improvement, or system issues. Performance of this will be coordinated with the Fire Department Administration. • Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for American Medical Response (AMR) to provide field care audits, system changes, and protocol updates for all Fire Department paramedics. • Offer ALS and BLS continuing education classes, structured for Fire Department purposes, but open to any EMS personnel. • Provide field observation (ride-a-longs) with Fire Department paramedics. Observations will be documented in writing, and maintained in personnel files. • Provide skills refresher courses for Fire Department paramedics as needed. • Review and update on an annual basis, the Fire Department Quality Assessment/ Improvement (QA/QI) Plan in accordance with County EMS requirements. • When requested, conduct quality assessment reviews as outlined in Policy#2200 of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals. • Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals maintained by the Fire Department. This would include audits of the manuals held by the paramedics. • When requested, attend meetings, seminars, and continuing education classes that will enhance delivery of EMS to Palm Springs. • The ALS Emergency Medical Service Coordinator will not be directly involved in entry level or promotional testing process. The ALS Coordinator may provide input and recommendations to department supervisors on ALS related issues during employee's probationary status and employee annual evaluations. • Perform other EMS related services, not specifically contained herein, as requested by the Fire Chief or his/her designee. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation for services shall not exceed $24,900.00. The Contractor shall be compensated for services rendered under Exhibit "A" Scope of Services, at an hourly rate of$40.00 per hour. Such hourly rate shall be reviewed annually by the City and the Contractor. Based upon satisfactory performance by the Contractor, the hourly rate may be adjusted annually, bas ed upon the CPI (National). Certain fees and premiums are eligible for reimbursement to the Contractor by the City as outlined in Section 4.0. The Contractor must invoice the City separately for reimbursement. Any differential increased cost for such insurance outlined in 4.1(c) to the Contractors base automobile insurance must be documented by the insurance agent and attached to the invoice. City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on a case-by-case basis and with prior written approval by the City. EXHIBIT "C" (SPECIAL REQUIREMENTS) 1. Worker's Compensation Insurance is not required for this Agreement as the Contractor does not have any employees. 2. The liability limit on Contractor's automobile policy is hereby changed from $1,000,000 to $300,000. 3. Contractor shall procure and maintain for the entire term of this Agreement a policy of Professional Liability Insurance in the amount of $1,000,000. CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR EMERGENCY MEDICAL SERVICE COORDINATOR - (ALS) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this 1 st day of August, 2015, by and between the CITY OF PALM SPRINGS, a municipal corporation (hereinafter "City") and STEVE CASAREZ, RN, (hereinafter "Contractor"), NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1 .3 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty four thousand nine hundred Dollars ($ 24,900,00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit"B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Steve Casarez RN, is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Interim Fire Chief Blake Goetz is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as willfully comply with the laws of the State of California and which will include $1,000,000 employer,s liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements, attached hereto as Exhibit "C". The Special Requirements may also contain additional provisions that may modify the minimum insurance requirements as stated in Section 4.1. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor, s activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2016. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, director indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement. APPROVED BY CITY MANAGER o° Abe CITY OF PALM SPRINGS, a municipal corporation e y City Manager Date ATTEST: By City Clerk APPROV S TOFORM: p By City to-mey Date CONTRACTOR: Check one:✓Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officers. --`� By: ignatur notarized) Signature (notarized) �QSQr-eZ Name: Name: Title: Title: State of Gz State of a County at -4=_55 f� 1 P"ry County of zss On�'l46 before me,J�G /&1100 2M a I94V IC On_ before me, personally appeared f A!Sn reL personally appeared or proved to me on the basis of atisfactory evidence to be proved to me on the basis of satisfactory evidence to be the person(s)whose nome(sUare subscribed ytt ,the within the person(s)whose names)is/are subscribed to the within instrument and acknovAdged to me that(hjshe/they instrument and acknowledged to me that he/she/they executed tame hi her/their authorize capacity, executed the same in his/her/their authorized capacity, and that b his her/the ignature(s)on the instrument the and that by his/her/their signature(s)on the instrument the person(s), or e entity upon behalf of which the person(s) person(s),or the entity upon behalf of which the persons) acted,executed the instrument. acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: 'r t Notary Signature: Notary Seal: Notary Seal: JUOY FAV BLUMBERG LeCommhsion N 2080592 NOWY Public-California Riverside County III COMM.E res Oct 2 2018 r EXHIBIT "A" SCOPE OF SERVICES The Emergency Medical Service Coordinator for the department's Advanced Life Support Program (ALS) will provide services including; but not limited to the following: • Supervise the orientation and accreditation process for all Fire Department personnel entering the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program. • Provide requested information to the Fire Department Administration regarding the progress of all paramedic personnel involved with the Program. • Maintain separate files on each Fire Department Paramedic, as it relates to ALS. • Review Patient Care Reports (PCR) forms for the purpose of maintaining Quality Assurance/Improvement objectives as filed with the Riverside County EMS Agency. • Maintain and audit all forms related to controlled substances (verification, usage, and incident reports). • Upon written request, provide the Riverside County EMS Agency any PCR or patient care data for the purposes of data management quality improvement, or system issues. Performance of this will be coordinated with the Fire Department Administration. • Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for American Medical Response (AMR) to provide field care audits, system changes, and protocol updates for all Fire Department paramedics. • Offer ALS and BLS continuing education classes, structured for Fire Department purposes, but open to any EMS personnel. • Provide field observation (ride-a-longs) with Fire Department paramedics. Observations will be documented in writing, and maintained in personnel files. • Provide skills refresher courses for Fire Department paramedics as needed. • Review and update on an annual basis, the Fire Department Quality Assessment/ Improvement (QA/QI) Plan in accordance with County EMS requirements. • When requested, conduct quality assessment reviews as outlined in Policy#2200 of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals. • Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals maintained by the Fire Department. This would include audits of the manuals held by the paramedics. • When requested, attend meetings, seminars, and continuing education classes that will enhance delivery of EMS to Palm Springs. • The AILS Emergency Medical Service Coordinator will not be directly involved in entry level or promotional testing process. The AILS Coordinator may provide input and recommendations to department supervisors on AILS related issues during employee's probationary status and employee annual evaluations. • Perform other EMS related services, not specifically contained herein, as requested by the Fire Chief or his/her designee. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation for services shall not exceed $24,900.00. • The Contractor shall be compensated for services rendered under Exhibit "A", Scope of Services, at an hourly rate of $40.00 per hour. Such hourly rate shall be reviewed annually by the City and the Contractor. Based upon satisfactory performance by the Contractor, the hourly rate may be adjusted annually, based upon the CPI (National). • Certain fees and premiums are eligible for reimbursement to the Contractor by the City as outlined in Section 4.0, The Contractor must invoice the City separately for reimbursement. Any differential increased cost for such insurance outlined in 4.1(c) to the Contractors base automobile insurance must be documented by the insurance agent and attached to the invoice. • City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on a case-by-case basis and with prior written approval by the City. EXHIBIT "C" (SPECIAL REQUIREMENTS) 1. Worker's Compensation Insurance is not required for this Agreement as the Contractor does not have any employees. 2. The liability limit on Contractor's automobile policy is hereby changed from $1 ,000,000 to $300,000. 3. Contractor shall procure and maintain for the entire term of this Agreement a policy of Professional Liability Insurance in the amount of$1 ,000,000. I CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR EMERGENCY MEDICAL SERVICE COORDINATOR - (ALS) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this 1st day of August, 2014, by and between the CITY OF PALM SPRINGS, a municipal corporation (hereinafter "City") and STEVE CASAREZ, RN (hereinafter "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty four thousand nine hundred Dollars ($ 24,900.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Steve Casarez, RN is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Fire Chief John Allen is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontractinq or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements, attached hereto as Exhibit "C". The Special Requirements may also contain additional provisions that may modify the minimum insurance requirements as stated in Section 4.1. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor Is activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until July 30, 2015. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 1 Covenant Against Discrimination. Contractor covenants that b 6 a y and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure, that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement. APPROVED BY CITY MANAGER CITY OF PALM SPRINGS, a municipal corporation �N By City Manager Date / ATTEST: a�jo8/zor� y City Clerk Date APPROV ,S/TKO FORM: By Cit Attorney Date CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board. President,or any Vice President:AND B.Secretary, Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). 8y By. Sign arized) Signature (notarized) Name: S'rFrE✓ C'4SstRFL Name: Title: Title: S to of - State of Cc ty of =ss County of =55 On before me, On before me, personally appeared personally appeared 1 personally known to personally known to me(or proved to me on the basis of �e IC me (or prov to me on the basis of satisfactory satisfactory evidence) to be the person(s) whose Q evidence} }o he person is whose names) is/are name(s) is/are subscribed to the within instrument and subscribed to th within instrument and acknowledged acknowledged to me that he/she/they executed the to me that he e/they executed the same in some in his/her/their authorized capacity(ies), and that his/her/their authon d capacity(ies). and that by by his/her/their signature(s) on the instrument the his/her/their signature on the instrument the person(s), person(s), or the entity upon behalf of which the or the entity upon beh f of which the person(s) acted. personis) acted,executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and of ial seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of P1VPY61d,.v, On d 'oZ - '/ before me, J U A V La 1K')It)rn1rwrq I a ry PW I C Date —Aare In me and Tftletbf the OfficW personally appeared f 42 ve o (2!a 6 Q s ,p 2 Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Qare subscribed to tt within instrument and acknowledged me that he she/they executed the same in JUDY FAY BLUMBER6 +([ her/their authorized capacity(ies), and that by Commission#salon 1� 1906� L hi her/their signature(s) on the instrument the & -: Notary Public-California i person(s), or the entity upon behalf of which the = Riverside County '- person(s) acted, executed the instrument. M Comm. Expires Oct 2,2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Place Notary Seal Above Signature: &4g-naturqjf Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docyymept I r¢emPa� Title or Type of Document: CoairaCf Seruiee5A5 Document Date: Number of Pages: /a. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited Ll General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other: L Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association a www.NationalNotary.org • 1-800-US NOTARY(1.800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES The Emergency Medical Service Coordinator for the department's Advanced Life Support Program (ALS) will provide services including; but not limited to the following: • Supervise the orientation and accreditation process for all Fire Department personnel entering the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program. • Provide requested information to the Fire Department Administration regarding the progress of all paramedic personnel involved with the Program. • Maintain separate files on each Fire Department Paramedic, as it relates to ALS. • Review Patient Care Reports (PCR) forms for the purpose of maintaining Quality Assurance/Improvement objectives as filed with the Riverside County EMS Agency. • Maintain and audit all forms related to controlled substances (verification, usage, and incident reports). • Upon written request, provide the Riverside County EMS Agency any PCR or patient care data for the purposes of data management quality improvement, or system issues. Performance of this will be coordinated with the Fire Department Administration. • Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for American Medical Response (AMR) to provide field care audits, system changes, and protocol updates for all Fire Department paramedics. • Offer ALS and BLS continuing education classes, structured for Fire Department purposes, but open to any EMS personnel. • Provide field observation (ride-a-longs) with Fire Department paramedics. Observations will be documented in writing, and maintained in personnel files. • Provide skills refresher courses for Fire Department paramedics as needed. • Review and update on an annual basis, the Fire Department Quality Assessment/improvement (QA/QI) Plan in accordance with County EMS requirements. • When requested, conduct continuous quality assessment reviews as outlined in Policy #7100 of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals. • Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy, and Procedure manuals maintained by the Fire Department. This would include audits of the manuals held by the paramedics. • When requested, attend meetings, seminars, and continuing education classes that will enhance delivery of EMS to Palm Springs. • The ALS Emergency Medical Service Coordinator will not be directly involved in entry level or promotional testing process. The ALS Coordinator may provide input and recommendations to department supervisors on ALS related issues during employee's probationary status and employee annual evaluations. • Perform other EMS related services, not specifically contained herein, as requested by the Fire Chief or his/her designee. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation for services shall not exceed $24,900.00. • The Contractor shall be compensated for services rendered under Exhibit "A", Scope of Services, at an hourly rate of $40.00 per hour. Such hourly rate shall be reviewed annually by the City and the Contractor. Based upon satisfactory performance by the Contractor, the hourly rate may be adjusted annually, based upon the CPI (National). • Certain fees and premiums are eligible for reimbursement to the Contractor by the City as outlined in Section 4.0. The Contractor must invoice the City separately for reimbursement. Any differential increased cost for such insurance outlined in 4.1(c) to the Contractors base automobile insurance must be documented by the insurance agent and attached to the invoice. • City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on a case-by-case basis and with prior written approval by the City. EXHIBIT "C" (SPECIAL REQUIREMENTS) 1. Worker's Compensation Insurance is not required for this Agreement as the Contractor does not have any employees. 2. The liability limit on Contractor's automobile policy $1,000,000. 3. Contractor shall procure and maintain for the entire term of this Agreement a policy of Professional Liability Insurance in the amount of$1,000,000.