HomeMy WebLinkAbout06461 - FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC FOR FAIR HOUSING SERVICES v
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONK CTIJA<�SERVICES (the "Agreement') is
made and entered into this L- day of 20 by and between the City of Palm
Springs, as the Successor Agency to the Redevelopment Agency, (herein "City"), and
Fair Housing Council of Riverside County, Inc. , (herein "Provider").
RECITAL
A. City desires to supplement the funding of fair housing services and
expand the range of fair housing services through education, training/technical
assistance and enforcement.
B. The Provider has submitted a proposal to provide such fair housing
services to the City pursuant to the terms of this Agreement.
C. Based on its experience and reputation, the Provider is qualified to provide
the necessary fair housing services to the City and desires to provide such services.
D. City desires to engage the services of Provider.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the parties hereto agree as follows:
AGREEMENT
1. SERVICES OF PROVIDER
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Provider shall provide fair housing services to City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services' or "work"), which includes the agreed upon schedule
of performance and the schedule of fees. Provider warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance
with all standards prevalent in the industry. In the event of any inconsistency between
the terms contained in the Scope of Services/Work and the terms set forth in the main
body of this Agreement, the terms set forth in the main body of this Agreement shall
govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of City and any federal, state, or local governmental agency of competent
jurisdiction.
1.3 Licenses and Permits. Provider shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the performance of
the services required by this Agreement.
i'artHsngGd ComranSrvsAgrrnt]OAug10a_esxi �
ORIGINAL BID
AND/OR ACRE17MENT
1.4 Familiarity with Work. By executing this Agreement, Provider warrants
that it has carefully considered how the work should be performed and fully understands
the facilities, difficulties, and restrictions attending performance of the work under this
Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Provider is an
essential condition of this Agreement. Provider shall prosecute regularly and diligently
the work of this Agreement according to the agreed upon schedule of performance set
forth in Exhibit "A". Provider 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
Provider. Delays shall not entitle Provider to any additional compensation regardless of
the party responsible for the delay.
3. COMPENSATION OF PROVIDER
3.1 Compensation of Provider. For the services rendered pursuant to this
Agreement, Provider shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit 'A," which total amount shall not exceed a total
amount of $24,455.00 .
3.2 Method of Payment. In any month in which Provider wishes to receive
payment, Provider shall no later than the first working day of such month, submit to City
in the form approved by City's Controller, an invoice for services rendered prior to the
date of the invoice. Payments shall be based on the rates as set forth in Exhibit "A" for
authorized services performed. City shall pay Provider for all expenses stated thereon,
which are approved by City consistent with this Agreement, within thirty (30) days of
receipt of Provider's invoice.
3.3 Changes. In the event any change or changes in the Scope of
ServicesNNork is requested by City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Provider's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City for each fiscal year covered by the Agreement.
If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
FaIrWngCncl ConmctSmAg t.30Aug10712853, 2
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 pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A". The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Provider, including, but 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 if Provider shall within ten (10) days
of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain 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, and 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 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of twelve
months, commencing on July 1, 2014, and ending on June 30, 2015 unless extended by
mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Provider. The following principal of Provider is hereby
designated as being the principal and representative of Provider authorized to act in its
behalf with respect to the services and work specified herein and make all decisions in
connection therewith: Rose Mayes, Executive Director. 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 Provider and devoting sufficient time to personally supervise the
services hereunder. The foregoing principal may not be changed by Provider without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Provider's responsibility to keep the Contract Officer, or
his/her designee, fully informed of the progress of the performance of the services and
Provider shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Provider, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Provider shall not contract with any other individual or entity to perform in
r .xQo,i cnnac�Sns�yrnn 30Av00112W.i 3
whole or in part the services required hereunder without the express written approval of
City. In addition, 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.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Provider, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Provider shall perform all services required herein 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 Provider's work product, result, and advice.
Provider 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. Provider agrees to assign the following individuals to perform
the services set forth herein. Provider 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 Provider by providing written notice to Provider.
Name: Title: % of Time:
Rose Mayes Executive Director 2%
To Be Hired Programs Administrator 2%
Pamela Binion Administrative Assistant 13%
Stephanie Davis Fair Housing Counselor 28%
Hermes Ayala Fair Housing Counselor 48%
Juanita Kodera Fair Housing Counselor 6%
Craig Oliver Fair Housing Counselor 8%
Sara Tellez Fair Housing Counselor 5%
6. INSURANCE
Provider shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Provider shall defend (at Provider'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 (Provider'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 Provider, its officers, employees, representatives, and agents, which
Claims arise out of or are related to Provider's negligence or willful misconduct in the
performance of this Agreement, but excluding such Claims arising from the negligence
or willful misconduct of the City, its elected officials, officers, employees, agents, and
FartHsng(I1 (0n1.11SIMIIr It 30A,10'%'.s:1 4
volunteers. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Provider's indemnification obligation or
other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Provider shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Provider shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Provider in the performance of this
Agreement, with the exception of computer models developed by Provider, shall be the
property of City and shall be delivered to City in PDF format upon request of the
Contract Officer or upon the termination of this Agreement, and Provider 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 hereunder. Provider
may retain copies of such documents for its own use. Provider shall have an
unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Provider 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. Provider shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and 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 thereof
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
Provider covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
9.2 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
YmrHsngCnd CouruISr &Agrmt 30Aug10732ti9'--1 5
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 Provider. 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.
9.3 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 and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 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.
9.5 Termination Prior to Expiration of Term. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Provider, except that where termination is due to the fault of Provider
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, Provider shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Provider 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 thereafter. Provider
may terminate this Agreement, with or without cause, upon thirty (30) days written
notice to City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Provider, 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
Provider or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Provider 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, national origin, or
ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, 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 pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
FartHsngCncl_ComranSmsAgrmt 30A,107n2113.1 6
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262-6959
To Provider: Fair Housing Council of Riverside County, Inc.
P.O. Box 1068
Riverside, CA 92502-1068
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. 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 hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
[ End — Signatures on Next Page ]
I mrn nCc1_Convac1SrvSAgrmt.30.Aua)07"19;1 7
"CITY" CITY OF PALM SPRINGS
ATTEST:
By. /
Ity Clerk City Manager
APPROV 0 FORM: APPROVED BY CITY MANAGER
By. Q_ 814QrJ
City Counsel
"PROVIDER" Check one: _Individual _Partnership _Corporation
(Corporations require two notarized signatures: One signature must be from the Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial ce
By: lyxaw By:
otarized Signature of Chairman of Board, Notarized Signature Secretary, Asst Secretary,
Pulrlesident or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer
Name: �/ rtit��� R rxA1 Name:_'Pyl`,w
Title: c/. �rt e S GQe>r� Title:
State of A' = State of CAta. n yg- __
County o���ass County of 12cIY� 1r-� ss
On before me, On OemAY�a � . �� before me,
t !/ personally appeared III FCJF ,personally appeared
sftW fiftiv 60411,11 who proved to � � fiO.��y/7rry who proved to
me on the basis of satisfactory evidence to be the personiiW Me on the basis of satisf ctory evidence to be the persorrl(w
whose namsv+israrc subscribed to the within instrument and whose namSW isle subscribed to the within instrument and
acknowledged to me that he/she@pey executed the same in acknowledged to me that heleheNpey executed the same in
+pis/heaW,&r authorized capacilyyesr and that by Aielher/their hisA*rfteir authorized capacirySWe)'and that by hisAwwAheir
signature ) on the instrumenIt the personysKor the entity signature won the instrument the persons)-or the entity
upon behalf of which the personJ*acted, executed the upon behalf of which the perso�cted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary / Notary
Signature: Signaturery��}��a _
Notary Seal: Notary Sea]
LAWANDA ROY
COMM.#1995828 ROY
NOTARY PUBLIC-CALIFORNIA5828
RIVERSIDE COUNTY ALIFORNIA
My Cannn,Fapros Nov.24,201E 1j'=
UNTY
UNTY
v.u.2019
F.r11s.,Cndl C..,.tSr,A4r11930A,10n±av,
EXHIBIT "A"
SCOPE OF SERVICES
and
SCHEDULE OF PERFORMANCE
The intent of this program is to provide a full menu of fair housing services for Palm
Springs residents that promotes fair housing rights and obligations as defined and
articulated in the Federal Fair Housing Act and the California State Law Enactments
under the Rumford & Unruh Civil Rights Acts which affirmatively furthers fair housing.
This will be accomplished through the staffing of a Palm Springs' office facilitating three
components of fair housing services, as it relates to Anti-Discrimination and
Landlord/Tenant services, such as education (i.e.. outreach, public awareness;
individualized counseling); training / technical assistance (i.e., pro-active workshops
preventing complaints, violations); and enforcement (i.e., compliant intake, investigation,
resolution options) for one thousand (1,000) Palm Springs residents.
The Provider shall be responsible for the completion of the following objectives/activities
in a manner acceptable and satisfactory to the City and consistent with the standards
required as a condition of providing these City funds.
Objectives/Activities
Objective 1: Assist the City by timely providing any additional information
requested.
TARGET
DATE ACTIVITY #1
On-Going Make readily available any information relative to the successful
implementation of the activity.
Objective 2: Establish and maintain a programmatic and financial record
keeping process.
TARGET
DATE ACTIVITY #1
On-Going Establish and maintain an efficient program process/procedure for
proper record keeping. Document and maintain all records related
to this program in a stable and secure location.
Objective 3: Advertise, market and publicize the program to facilitate positive
promotion for all parties (i.e., Provider, City, etc.).
TARGET
DATE ACTIVITY #1
On-Going Draft a promotional piece and submit to City for approval.
Advertise in the Desert Sun's daily general circulation newspaper or
its weekly Palm Springs geo-targeted newspaper. Submit final
publication to City.
9
Objective 4: Enroll and income qualifies at least an approximately six hundred
(600) Palm Springs residents with new access to this service.
TARGET
DATE ACTIVITY #1
On-Going Provide fair housing services to clients. Maintain records of names,
addresses, demographics and service dates for all assistance.
Objective 5: Maintain records for all activities related to this program.
TARGET
DATE ACTIVITY #1
On-Going Document and maintain all records related to this program in a
stable and secure location.
Objective 6: Manage/monitor program activities.
TARGET
DATE ACTIVITY#1
On-Going Perform monitoring activities necessary to ensure program integrity.
Objective 7: Provide fair housing services, including Fair Housinq Practice and
Landlord/Tenant workshops, as outlined in Proposal Summary
which is attached after this Exhibit.
TARGET
DATE ACTIVITY #1
On-Going Conduct program activities for one thousand (1,000) clients and
offer two workshops for property owners, managers, Realtors and
lenders to improve availability/accessibility, as stipulated in the
proposal.
Objective 8: Provide an evaluation within fifteen (15) calendar days of the
program completion or final reimbursement.
TARGET
DATE ACTIVITY #1
07/15/14 Provide an evaluation and final report on all programmatic and
financial activities.
General Administration
Provide the management oversight and leadership to address specific operational tasks
in meeting the established performance levels, as well as perform supportive activities
(i.e., clerical, monitoring, etc.)
Budget Summary
The Provider shall submit monthly reimbursement based on prorated and actual costs in
accordance with the aforementioned costs and pay items. In no month shall the
Provider submit for reimbursement more than '/< of the total annual budget. The budget
FmrlisngCnrl CmnracrS,sAyrn,t.30AuSiO 2193l 10 ",
costs set out in this Exhibit are general guidelines and if mutually agreed by both parties,
may be amended administratively by no more than 10%, without the requirement of a
formal amendment to this Agreement, but in no event shall such adjustments increase the
Contract Sum. The Provider shall submit to the City monthly statements on reimbursable
expenditures pursuant to the Budget below along with pertinent supporting documentation.
DESCRIPTION OF ACTIVITY TOTAL
PAY ITEMS COST
ersonnel Costs— $19,353.
Wages, Benefits&Employers Taxes
ffice Costs— $2,079.
Supplies, Equipment, Postage&Travel
Operational Costs— $1,678.
Space Rental, Utilities&Maintenance
onsultant/ContractServices— $1,345.
Audit, PR, Technology&Insurance
Total $24,455.
Provider shall perform all services required pursuant to this Agreement during the time
period from July 1, 2014 to June 30, 2015.
FairHmgCncl Comreei5nsdgrmi 30A,10r"-er3.� ��
EXHIBIT "B"
Insurance
Provider shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
City, public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Provider's performance under this
Agreement. Provider 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 extension thereof, and shall
not be cancelable without thirty (30) days 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 Provider's obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
A. Minimum Scope of Insurance Required
1. General Liability Insurance is required whenever the City is at risk of third-party
claims which may arise out of work or presence of a contractor, vendor and
service provider on City of Palm Springs premises.
2. Workers' Compensation and Employer's Liability Insurances is required for
any contractor, vendor or service provider that has any employees at any time
during the period of this contract. Contractors with no employees must complete
a Request for Waiver of Workers' Compensation Insurance Requirement form.
B. Minimum Limits of Insurance Coverage Required
$1 Million per Occurrence/$2 Million Aggregate
Umbrella excess liability may be used to reach the limits stated above.
C. The following general requirements apply:
1. Insurance carrier must be authorized to do business in the State of California.
2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best
Company.
3. Coverage must include personal injury, protective and employer liability.
4. Certificate must include evidence of the amount of any deductible or self-insured
retention under the policy.
ImMsne(nd CanvectSmAWmOOA,107A2e931 12
D. Verification of Insurance coverage may be provided by: (1) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement
with the following endorsements stated on the certificate:
1. "City of Palm Springs, its officials, employees and agents are named as an
additional insured' ("as respects a specific contract" or "for any and all work
performed with the City" may be included in this statement).
2. "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. See Example A below.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policy.
All certificates 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.
E. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation
notice provision (ten (10) days for non-payment of premium) and additional
insured and/or loss-payee status, when appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90
days from date of approval
FartHsnBC'MI ConvacrSnsAgrmi.l0.4ugIOi?ars 13
F. Endorsement Language for Insurance Certificates
Example A:
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE j
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL €?!OE-AVOR TO MAIL 30 DAYS" s
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED lj
HEREIN BUT FAILURE IOC TO AAAII QI IGH NOTICE RHAI I IAA POSE I
I NQ 013' 'GATION OR I IAQII ITV QF= ANY KIND 11PON THE I
INSURER, ITS AGENTS OR REPRESENTATIVES -
`The broker/agent can include a qualifier stating "10 days notice for
nonpayment of premium."
I mrHsn Cnel C onuactSrvsAgrmr.30.Au1101MM 1 14
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT,LOR CONTRACTUAL SERVICES (the "Agreement') is
made and entered into this_—day of AAVdj&P013, by and between the City of Palm
Springs, as the Successor Agency to the Redevelopment Agency, (herein "City'), and
Fair Housing Council of Riverside County, Inc. , (herein "Provider').
RECITAL
A. City desires to supplement the funding of fair housing services and
expand the range of fair housing services through education, training/technical
assistance and enforcement.
B. The Provider has submitted a proposal to provide such fair housing
services to the City pursuant to the terms of this Agreement.
C. Based on its experience and reputation, the Provider is qualified to provide
the necessary fair housing services to the City and desires to provide such services.
D. City desires to engage the services of Provider.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the parties hereto agree as follows:
AGREEMENT
1. SERVICES OF PROVIDER
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Provider shall provide fair housing services to City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which includes the agreed upon schedule
of performance and the schedule of fees. Provider warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance
with all standards prevalent in the industry. In the event of any inconsistency between
the terms contained in the Scope of Services/Work and the terms set forth in the main
body of this Agreement, the terms set forth in the main body of this Agreement shall
govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of City and any federal, state, or local governmental agency of competent
jurisdiction.
1.3 Licenses and Permits. Provider 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.
ORIGINAL BiU
FairHsngGcl_ConttactSrvxAgrm[30AuglfYraevi.i NQ/OR AGREEMENT
sM•M( (� li fN7
1.4 Familiarity with Work. By executing this Agreement, Provider warrants
that it has carefully considered how the work should be performed and fully understands
the facilities, difficulties, and restrictions attending performance of the work under this
Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Provider is an
essential condition of this Agreement. Provider shall prosecute regularly and diligently
the work of this Agreement according to the agreed upon schedule of performance set
forth in Exhibit "A". Provider 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
Provider. Delays shall not entitle Provider to any additional compensation regardless of
the party responsible for the delay.
3. COMPENSATION OF PROVIDER
3.1 Compensation of Provider. For the services rendered pursuant to this
Agreement, Provider shall be compensated and reimbursed, in accordance with the
schedule of fees set forth in Exhibit 'A," which total amount shall not exceed a total
amount of $24,694.00 .
3.2 Method of Payment. In any month in which Provider wishes to receive
payment, Provider shall no later than the first working day of such month, submit to City
in the form approved by City's Controller, an invoice for services rendered prior to the
date of the invoice. Payments shall be based on the rates as set forth in Exhibit "A" for
authorized services performed. City shall pay Provider for all expenses stated thereon,
which are approved by City consistent with this Agreement, within thirty (30) days of
receipt of Provider's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Provider's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City for each fiscal year covered by the Agreement.
If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
Fairli9ngCnd Com,utSrv,Ay'mt_30A,1073219a 2
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 pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A". The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Provider, including, but 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 if Provider shall within ten (10) days
of the commencement of such condition notify the Contract Officer who shall thereupon
ascertain 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, and 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 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of twelve
months, commencing on July 1, 2013, and ending on June 30, 2014 unless extended by
mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Provider. The following principal of Provider is hereby
designated as being the principal and representative of Provider authorized to act in its
behalf with respect to the services and work specified herein and make all decisions in
connection therewith: Rose Mayes, Executive Director. 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 Provider and devoting sufficient time to personally supervise the
services hereunder. The foregoing principal may not be changed by Provider without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Provider's responsibility to keep the Contract Officer, or
his/her designee, fully informed of the progress of the performance of the services and
Provider shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer,
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Provider, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Provider shall not contract with any other individual or entity to perform in
FuicHsngCnd_Contt c[SmsAgrntt30Aug1073289z 1 3
whole or in part the services required hereunder without the express written approval of
City. In addition, 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.
6.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Provider, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Provider shall perform all services required herein 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 Provider's work product, result, and advice.
Provider 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. Provider agrees to assign the following individuals to perform
the services set forth herein. Provider 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 Provider by providing written notice to Provider.
Name: Title: % of Time:
Rose Mayes Executive Director 4%
Harold Jones Business & Programs Manger 5%
Pam Binion Accountant 4%
Monica Lopez Fair Housing Program Manager 10%
Stephanie Davis Fair Housing Counselor 28%
Juanita Kodera Fair Housing Counselor 6%
Craig Oliver Fair Housing Counselor 10%
To Be Hired Fair Housing Counselor 3%
70%
6. INSURANCE
Provider shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Provider shall defend (at Provider'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 (Provider'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 Provider, its officers, employees, representatives, and agents, which
Claims arise out of or are related to Provider's negligence or willful misconduct in the
FairF1sngCncl_ContractSrvsAgnnL30AugI0712 11 4
performance of this Agreement, but excluding such Claims arising from the negligence
or willful misconduct of the City, its elected officials, officers, employees, agents, and
volunteers. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Provider's indemnification obligation or
other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Provider shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Provider shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,.
documents, and other materials prepared by Provider in the performance of this
Agreement, with the exception of computer models developed by Provider, shall be the
property of City and shall be delivered to City in PDF format upon request of the
Contract Officer or upon the termination of this Agreement, and Provider 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 hereunder. Provider
may retain copies of such documents for its own use. Provider shall have an
unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Provider 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. Provider shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and 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 thereof
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
Provider covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
FeirHsngC,O_C.=.aSrvsAgnnL30Aug lmnsm 1 5
9.2 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 Provider. 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.
9.3 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 and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 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.
9.5 Termination Prior to Expiration of Term. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Provider, except that where termination is due to the fault of Provider
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, Provider shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Provider 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 thereafter. Provider
may terminate this Agreement, with or without cause, upon thirty (30) days written
notice to City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Provider, 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
Provider or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Provider 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, national origin, or
ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, 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 pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
FairHsngCncl_ConvagSrvsAgrmt 30Aug I 073sn91.1 6
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262-6959
To Provider: Fair Housing Council of Riverside County, Inc.
P.O. Box 1068
Riverside, CA 92502-1068
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. 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 hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
[ End — Signatures on Next Page ]
FeirHsngCncl Cnn"ctSrvsAgmt 30A11g IOLsss,.i
"CITY" CITY OF PALM SPRINGS
ATTEST:
Clerk City Manager
APPRO fO FORM: APPROVED BY CiIY MANAGER
By:
City Counts
"PROVIDER" Check one: _Individual _ Partnership V Corporation
(Corporations require two notarized signatures: One signature must be from the Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant:Sretary, Treasurer, Assistant Treasurer, or Chief Financial Officer).
By: a-�'ow �� By:ye ; w � f
No zed Signature of Chairman of Board, Notarized Signature Secretary, Xsst Secret
President or any Vice President Treasurer, Asst Treasurer or Chief Financial Officer
Name: J of t to 55- Name:
Title: Title:
State of Uri-rVnV4 ft =_ State of c.Iea.rYs++W�rt=
County of aml@,F�i,7 ss County of &VE6�TZa ss
On before me, On before me,
ry- -
ally appeared personally appeared
rt who proved to Yid�+Y MA wad VLA — who proved to
me on the basis of satisfactory evidence to be the person( me on the basis of satisfactory evidence to be the persortl,&f'
whose name,pPYislare subscribed to the within instrument and whose name(eis/are subscribed to the within instrument and
acknowledged to me that 4kelshed4ey executed the same in acknowledged to me that he/sheAhcy executed the same in
his7hedthairauthorized capacily(tW, and that by pislhedlh&ir kis/her/tJ*r authorized capacity(ies), and that byiris/herftpetr
signatureW on the instrument the person( !or the entity signature,(&)'on the instrument the person(W or the entity
upon behalf of which the personfe)''aoled, executed the upon behalf of which the personj9f acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature: __ Signature:
Notary Seal: Notary Seal:
I AWANDA ROY NDA ROY
COMM.#199'5828 LAWA
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favwYp�ueuC-cnuFORNu
my 5828
COU TYzola NOTARY t�)euc-CALIFORNIA
RIVERSIDE COUNTY
My Ct 2Ma
F.,11k.gCnd_Con"WS,0,gr tb0.4ngl0l sIV.1 8
EXHIBIT "A"
SCOPE OF SERVICES
and
SCHEDULE OF PERFORMANCE
The intent of this program is to provide a full menu of fair housing services for Palm
Springs residents that promotes fair housing rights and obligations as defined and
articulated in the Federal Fair Housing Act and the California State Law Enactments
under the Rumford & Unruh Civil Rights Acts which affirmatively furthers fair housing.
This will be accomplished through the staffing of a Palm Springs' office facilitating three
components of fair housing services, as it relates to Anti-Discrimination and
Landlord/Tenant services, such as education (i.e., outreach, public awareness;
individualized counseling); training / technical assistance (i.e., pro-active workshops
preventing complaints, violations); and enforcement (i.e., compliant intake, investigation,
resolution options) for six hundred (600) Palm Springs residents.
The Provider shall be responsible for the completion of the following objectives/activities
in a manner acceptable and satisfactory to the City and consistent with the standards
required as a condition of providing these City funds.
Objectives/Activities
Objective 1: Assist the City by timely providing any additional information
requested.
TARGET
DATE ACTIVITY #1
On-Going Make readily available any information relative to the successful
implementation of the activity.
Objective 2: Establish and maintain a programmatic and financial record
keeping process.
TARGET
DATE ACTIVITY #1
On-Going Establish and maintain an efficient program process/procedure for
proper record keeping. Document and maintain all records related
to this program in a stable and secure location.
Objective 3: Advertise, market and publicize the program to facilitate positive
promotion for all parties (i.e., Provider, City, etc.).
TARGET
DATE ACTIVITY #1
On-Going Draft a promotional piece and submit to City for approval.
Advertise in the Desert Sun's daily general circulation newspaper or
its weekly Palm Springs geo-targeted newspaper. Submit final
publication to City.
FaidizngCnol_ConnamSrvsAprm[.30Aug107_z19;1 9
Objective 4: Enroll and income qualifies at least an approximately six hundred
(600) Palm Springs residents with new access to this service.
TARGET
DATE ACTIVITY #1
On-Going Provide fair housing services to clients. Maintain records of names,
addresses, demographics and service dates for all assistance.
Objective 5: Maintain records for all activities related to this program.
TARGET
DATE ACTIVITY #1
On-Going Document and maintain all records related to this program in a
stable and secure location.
Objective 6: Manage/monitor program activities.
TARGET
DATE ACTIVITY #1
On-Going Perform monitoring activities necessary to ensure program integrity.
Objective 7: Provide fair housing services, including Fair Housing Practice and
Landlord/Tenant workshops, as outlined in Proposal Summary
which is attached after this Exhibit.
TARGET
DATE ACTIVITY #1
On-Going Conduct program activities for six hundred (600) clients and offer
two workshops for property owners, managers, Realtors and
lenders to improve availability/accessibility, as stipulated in the
proposal.
Objective 8: Provide an evaluation within fifteen (15) calendar days of the
program completion or final reimbursement.
TARGET
DATE ACTIVITY#1
07/15/14 Provide an evaluation and final report on all programmatic and
financial activities.
General Administration
Provide the management oversight and leadership to address specific operational tasks
in meeting the established performance levels, as well as perform supportive activities
(i.e., clerical, monitoring, etc.)
Budget Summary
The Provider shall submit monthly reimbursement based on prorated and actual costs in
accordance with the aforementioned costs and pay items. In no month shall the
Provider submit for reimbursement more than '/4 of the total annual budget. The budget
Fnir ,s gcG l_Conuau[Sr sASnnt 30Ag1013157+1 10
costs set out in this Exhibit are general guidelines and if mutually agreed by both parties,
may be amended administratively by no more than 10%, without the requirement of a
formal amendment to this Agreement, but in no event shall such adjustments increase the
Contract Sum. The Provider shall submit to the City monthly statements on reimbursable
expenditures pursuant to the Budget below along with pertinent supporting documentation.
DESCRIPTION OF ACTIVITY TOTAL
PAY ITEMS COST
Wages $17,379.
Fringe Benefits/Payroll Taxes $2,164.
Consultant/Contract Services $1,358.
Travel $309.
Space Costs $724.
Consumable Supplies $617.
Equipment — $1,296.
Purchase, Lease or Maintenance
Telephone $693.
Other Operational Costs $154.
Tots! 4;6l4.
Provider shall perform all services required pursuant to this Agreement during the time
period from July 1, 2013 to June 30, 2014.
FairFlnngGcl CoImNSIIAgImt30Ang 10712"31 11
EXHIBIT "B"
Insurance
Provider shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
City, public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Provider's performance under this
Agreement. Provider 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 extension thereof, and shall
not be cancelable without thirty (30) days 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 Provider's obligation to indemnify City, its elected officials, officers,
agents, employees, and volunteers.
A. Minimum Scope of Insurance Required
1. General Liability Insurance is required whenever the City is at risk of third-party
claims which may arise out of work or presence of a contractor, vendor and
service provider on City of Palm Springs premises.
2. Workers' Compensation and Employer's Liability Insurances is required for
any contractor, vendor or service provider that has any employees at any time
during the period of this contract. Contractors with no employees must complete
a Request for Waiver of Workers' Compensation Insurance Requirement form.
B. Minimum Limits of Insurance Coverage Required
$1 Million per Occurrence/$2 Million Aggregate
Umbrella excess liability may be used to reach the limits stated above.
C. The following general requirements apply:
1. Insurance carrier must be authorized to do business in the State of California.
2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best
Company.
3. Coverage must include personal injury, protective and employer liability.
4. Certificate must include evidence of the amount of any deductible or self-insured
retention under the policy.
FwHmgCnd C.mIniSrvsAgrvm30Aug10➢21131 12
D. Verification of Insurance coverage may be provided by: (1) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement
with the following endorsements stated on the certificate:
1. "City of Palm Springs, its officials, employees and agents are named as an
additional insured" ("as respects a specific contract" or "for any and all work
performed with the City" may be included in this statement).
2. "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. See Example A below.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policy.
All certificates 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.
E. Acceptable Alternatives to Insurance Industry Certificates of Insurance:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation
notice provision (ten (10) days for non-payment of premium) and additional
insured and/or loss-payee status, when appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90
days from date of approval
F.,,Hs,CndC .tS,,A,.tMA"003=2111.i 13
F. Endorsement Language for Insurance Certificates
Example A:
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL EN-DEA` R TO MAIL 30 DAYS`
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
HEREIN RI IT FAIT 1IRC TO MAIN CI ICH NOTICE SHALL IMPOSE ;
PIC) GKIGATIl1AO LIABILITY OF ANY KIND 11120Al TUC
INSURER, ITS AGFNT-C OR RCRRCCCAITATIVFS
"The brokedagent can include a qualifier stating "10 days notice for
nonpayment of premium."
hzaasn�co1_cono-zciSivxA�mc 3oniozxes> 14