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HomeMy WebLinkAboutA6366 - VERONICA TAM AND ASSOC - INC ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE CONSULTING CONSULTING SERVICES AGREEMENT Veronica Tam and Associates, Inc. THIS AGR MENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on 2018, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Veronica Tam and Associates, Inc., a California Corporation, ("Consultant'). City and Consultant are individually referred to as "Party' and are collectively referred to as the "Parties". RECITALS A. City requires the services of an Analysis of Impediments (AI), for Fair Housing Choice, ('Project'). B. Consultant has submitted to City a proposal to provide Analysis of Impediments to Fair Housing Choice, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Analysis of Impediments (AI) to Fair Housing Choice, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency betConsultanten the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 720599.1 ORIGINAL BID Revised1/31/18 ANDIOR AGREEMENT 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $17,630.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations, This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 2 Revised 1/31/18 720599 1 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of seven months, commencing on October 1, 2018, and ending on May 31 , 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 Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Veronica Tam, AICP, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing 3 Revised 1131/18 720599.1 principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Veronica Tam, AICP Principal Brandy Adair Planner Andrew Pasillas GIS/Technician 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 4 Revmed:V31/18 720599 1 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant'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 Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant'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 Consultant shall require all non-design-professional sub- contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the 5 Revised:1131118 720>99.1 indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State 6 Reviseda/31118 7205991 of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this 7 Revised:1/31/18 720599 1 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 party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Veronica Tam and Associates, Inc. Attention: Veronica Tam 107 S Fair Oaks Ave, Ste 212 Pasadena, CA 91105 8 Revised 1/31/18 7ID599 1 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. [ End — Signatures on Next Page 9 Revised1131/18 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date j�EcOc�cS/C� By David H. Ready City Manager APPROVED AS TO FORM: ATTEST B : A \ By: Edward Z. Kotkin, Ant ny J. j MMC City Attorney I y Clerk � "CONSULTANT" V�.i� n�J19�o Veronica Tam and Associates, Inc. Date: fo By : ✓Gc•— • Veronica Tam Principal 10 Reviud.1131/18 720599 1 CALIFDIWIIA AL11.41IMSO BE AC10110111111111LEDGIIIIIII13rf cwIL cm€;1199 A rtery quilt or edar c9Gca oorro ig On cwgm%vaAea or*Ue dwlmy of dw idwidual wto signed she docmnrrt b wN*On cannel iamallecL and MInUude lxa accuracy orvddq dUou douenest Buda of Catito A, /'�i// t County of ko AN68 ' ) 0. 4 - 22. >•r8 bdhnsnv% GNM�I Cy duo _ Date H Armwt Afe< aM TTUe Of�DUfoer poroormily app.aed VtaraJru} y 6. 1P Of vitro proved to nra on Use baeia of ambatac8ory eodw to be the peraor4a) who rerre(s) o0ow subwjdmd>the aAtt in uatru n d ad eolaovtledged tome Urd hwWvwFdxry-exqouted Ure sar a is a�dtaeio3d oepedy{e�,adfhatbyvtlt wAJi*oWwhsre(s)onthe aatrumau thelowwr a). sw t e entity upon behdf d which the peraorr(o acbd eaacuted Um i 4 owtiy abler FIRtALTY PBLJLHTY under the IWN8 d the State of Cs96onuo the foregoing P-BW80 `ter 1]� _ __.W[ is true sand ounaoL N_"LIUANTNIEULAM WIESSanyto dsed. 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Such services may include, but shall not be limited to: Task 1: Citizen Participation For the development of the Al, the Consultant will include the following outreach components: • Fair Housing Survey: The Consultant will use www.SurveyMonkey.com to develop a web-based survey where residents can respond to the survey online. Hard copy surveys will also be provided. Both the online survey and hard copy survey will be offered in English and Spanish. • Community Meeting: The Consultant will conduct one community meeting to discuss fair housing issues with residents, service providers, advocacy groups, housing professionals, and other community stakeholders. Special invitations will be sent to service providers, housing professionals, and community groups to solicit their participation. • Public Meeting: The Consultant will attend one public meeting either with the City Council or Human Rights Commission (HRC) for the acceptance of the Al (via a City Council Consent Calendar or HRC Agenda). Task 2: Analysis of Impediments (AI) Preparation Task 2.1: Community Profile Overall, the Al Community Profile should cover the following: a) Demographic Profile to include the number and proportion of persons by race/ethnicity, age, disability, and familial status, as the Consultant will as housing segregation (i.e. minority concentrations). The Consultant will correlate these demographic characteristics with current and/or changing patterns of fair housing concerns. b) Income Profile to include income distribution of residents; evaluation of income differences and poverty levels between race and special needs populations; concentration of low-income population by block group. c) Employment and Transportation Profile to discuss locations of major employment centers that potentially offer jobs to minorities and persons with disabilities at the lower income levels of the wage scale. The Consultant will also evaluate the relationship between public transportation, job centers, and low income housing locations. d) Housing Profile to examine the implications of geography, diverse populations, and income discrepancies. A discussion of the housing profile will include the following variables: household size and overcrowding; housing type, tenure and vacancy; age of housing (and related lead-based paint concerns); ownership and rental housing costs; and housing affordability. Relationships between these housing characteristics and fair housing concerns will be included. 13 Revised:1/31/18 720>99.1 e) Patterns of Occupancy in Public Housing and Section 8 Programs: The Consultant will assist the City in reviewing data from the Housing Authority and creating optional actions to remove impediments to fair housing choice. Section 8 program policies and practices will be revieThe Consultantd in the Public Policies chapter of the Al. f) Mapping of Planning Data: Types of maps to be included, but may vary depending on data availability and relevancy of specific issues, are: 1. Location of housing for seniors and disabled (e.g., Section 202 and 811 projects) 2. Location of public and assisted housing (e.g., public housing, HUD-funded projects, and others as information is available) 3. Concentrations of Section 8 assistance 4. Concentration of licensed residential care facilities for persons with disabilities 5. Access to public transportation in relation to employment centers, lower income, and special needs populations, and assisted housing projects 6. Low and moderate income areas 7. Minority concentration areas Task 2.3: Lending Practices This section addresses lending practices in Palm Springs. Specifically, we will evaluate the following: • Disposition of conventional home purchase, home improvement, and home p refinancing loan applications by race and income of applicants • Disposition of government-backed home purchase and home improvement loan applications by race and income of applicants • Lending in low and moderate income areas • Lending in minority concentration areas • Top lenders in the City The 2017 HMDA data (to be released in September/October 2018) will be used for the lending analysis. Lending PatternsTM VTA is a paid subscriber of Lending PatternsTM, a web-based data exploration tool that analyzes lending records to produce reports on various aspects of mortgage lending. It analyzes HMDA data to assess market share, approval rates, denial rates, low/moderate income lending, and high-cost lending, among other aspects. This versatile tool allows detailed analysis that is not feasible using publicly available data from the Federal Financial Institutions Examination Council (FFIEC). Task 2.4: Land Use and Zoning Policies In this task, The Consultant will analyze public policies and regulations that impact the availability of housing in the City: • Review the Housing Element and interview staff to document compliance or approaches to compliance with the State Housing Element law, particularly in relation to the new housing bills passed in 2017. 14 Revised 1/31/18 7205991 a) Evaluate the General Plan, Land Use Element in relation to the provision of housing choices. b) Assess the standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. Task 2.5: Administrative Policies The Consultant will review the administrative policies of the City to assess the potential impediments to fair housing, including sensitivity and fair housing training for staff, multilingual capability of code enforcement and housing programs staff, accessibility of public facilities (Section 504 and ADA compliance). Task 2.6: Progress Since Last Al Using CAPER reports, discussions with staff, and fair housing records, among other documents, the Consultant will provide a summary and assessment of the City's progress toward implementing the fair housing goals and actions, and addressing the fair housing impediments identified in current 2013 Al. In evaluating the progress toward addressing impediments, the Consultant will distinguish between: a) Conditions and impediments that are no longer relevant; b) Impediments that have been fully mitigated; c) Impediments that may not have been adequately addressed; d) Impediments that may be of increased concern; and e) Impediments that may have been previously misidentified as a fair housing concern. Task 2.7: Fair Housing Action Plan Based on the finding from the previous sections, we will update the City's Fair Housing Action Plan. The Consultant will work with staff and the housing service provider to identify appropriate and feasible actions to address the impediments. While the Affirmatively Further Fair Housing (AFFH) Rule has been suspended, the Consultant will update the Fair Housing Action Plan based on their experience working with HUD on the Assessment of Fair Housing (AFH). Products • Administrative Draft Al (electronic copy) • Public Review Draft Al (electronic copy) • Adopted Al (electronic copy) 15 Revised.1/31/18 7205991 Schedule of Fees The Consultant will undertake the activities for a fee not to exceed $17,630.00 and would charge for the services rendered under this work program on a time and material basis. Tam Planner GIS/Tech $ 150 $ 100 $ 80 Total Task 1:Citizen Participation Fair Housing Survey 1 8 4 $ 1,270.00 Conmunity Workshop(1) 4 8 2 $ 1,560.00 Public Meeting(1) 4 $ 600.00 Task 2:AI Preparation $ - 2.1: Community Profile 8 60 20 $ 8,800.00 2.2:Current Fair Housing Profile 1 6 $ 750.00 2.3:Lending Practices 2 8 $ 1,100.00 2.4:Land Use and Zoning Practices 2 8 $ 1,100.00 2.5:Administrative Policies 4 $ 400.00 2.6:Progress Since Last AI 1 6 $ 750.00 2.7:Fair Housing Action Plan 4 2 $ 800.00 Miscellaneous Costs $ 500.00 Total 27 110 26 $ 17,630 Consultant's out of pocket expenses/reimbursable expenses for travel and reproduction charges are charged to the City at Consultant's cost. Payment shall be made for each task based upon the satisfactory completion of the task. Payment shall not exceed the amount stated for each task provided that with the approval of the Contract Officer funds may be shifted between tasks provided that the contract sum shall not be exceeded. 16 Revised:1/31/18 720S99 1 Schedule of Performance The City wishes to complete the Al on an accelerated schedule. The proposed milestones, as presented below, will allow the City to complete a Draft Al in August 2013 for City's acceptance in September 2013. Activity Timeframe Agreement Executed October 2018 Project Initiation October 2018 Comm unitv Worksho January/February January/February 2019 Drafting of the Al January-March 2019 Public Review of the Draft Al Aril 2019 Cit 's Acceptance of Al May 2019 17 Revised:1/31118 720599.1 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) 18 Revised 1131118 720599 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1 ,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: ✓ required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, 19 Revised:1131/18 720599.1 employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is.to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City"may be included in this statement) 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City may be included in this statement) 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail 20 Revised:1/31/18 720599 1 such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. 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. 21 Revised:1/31118 720599.1 A CERTIFICATE OF LIABILITY INSURANCE DATEIMMmomrr) 1112 8/2 0 1 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cora Lim NAME: SelectSolutions Insurance Services PHONE (866)500-6359 Pnic 90 a (925)951-0077 1107 Investment Blvd E-MAIL coral@selectsolutionsins.com ADDRESS: Suite 100 INSURER(S)AFFORDING COVERAGE NAIC N El Dorado Hills CA 95762 INSURER A: National Fire Insurance Company of Hartford 20478 INSURED INSURER B: Valley Forge Insurance Company 20508 Veronica Tam&Associates, Inc. INSURER C: Continental Casualty Company 20443 107 S.Fair Oaks Avenue INSURER D Suite 212 INSURER E: Pasadena CA 91105 INSURER F: COVERAGES CERTIFICATE NUMBER: CL18111236250 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCEAWL SUER POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER M1WDD1YYYY MMIDDmYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA ET N 300,000 CLAIMS-MADE OCCUR PREMISES Ea occunence $ MED EXP(Any one onion) $ 10,000 A Y B4019903754 11/16/2018 11/16/2019 PERSONAL a ADV INJURY $ 1,000,000 GENE AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000.000 POLICY [A PRIJECT LOG PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER'. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANVAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED B4019903754 11/16/2018 11/1612019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY AUTOS ONLY Par accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS ERB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION v PER H- AND EMPLOYERS'LIABILITY r r N X STATUTE ER 1,000,000 B ANY CER,MEETOR/PXCLUD IEXEWTIVE � NIA WC430813948 OPOV2018 07101/2019 E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED'! (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PROFESSIONAL LIABILITY C MCH276199824 1111612018 11l16l2020 PER CLAIM $1,000,000 1 ITIAGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Re:As Per Contract or Agreement on File with the Insured.City of Palm Springs is named as additional insured(primary/non-contributory)on General Liability policy if required by written contract per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Palm Springs B a�� ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E.Tahquitz Canyon Way CQ AUTHORIZED REPRESENTATIVE Palm Springs 2262 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 5 SB146932F CMA (Ed. 6-16) BLANKET ADDITIONAL INSURED n AND 'V LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: \ �� Fco� BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of "written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation-Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a 'written contract' to provide insurance, but only with respect to 'bodily injury'or'property damage' arising out of 'your products'which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved. w S SB146932F CNA (Ed. 6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or 'property damage' included within the 'products- completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a'written contract.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'written contract; b. Coverage broader than required by such 'written contract' and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for 'bodily injury' or 'property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.1. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyrigm,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) It. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for 'bodily injury', 'property damage' or 'personal and advertising injury' as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury', 'property damage' or "personal and advertising injury' caused in whole or in part by your maintenance, operation or use of such equipment, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. I. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the"occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for 'bodily injury", 'property damage' or "personal and advertising injury' arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. It. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for'bodily injury', 'property damage' or 'personal and advertising injury'arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury'or'property damage' included within the 'products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a 'written contract', we will treat as a 'written contract' any governmental permit that requires you to add the governmental entity as an additional insured. I. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured,.but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through 1. above. Such additional insured is an insured solely for 'bodily injury', 'property damage' or 'personal and advertising injury' for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For*bodily injury,' property damage,'or'personal and advertising injury' arising out of the rendering or failure to render any professional services; (2) For 'bodily injury' or 'property damage' included in the 'products-completed operations hazard.' But this provision(2)does not apply to such 'bodily injury' or'property damage' if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract'; and (b) The 'written contract' requires you to make the person or organization an additional insured for such 'bodily injury' or'property damage'; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a 'written contract' requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions, the following definition is added: 'Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (1) The 'bodily injury' or'property damage'; or (2) The offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of 'Bodily injury' is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such 'occurrence,' offense, claim or'suit' is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any 'executive officer' or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. x C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises sells 1. Under B.Exclusions, 1. Applicable to Business Liability Coverage, Exclusion It. Damage To Property, is replaced by the following: It. Damage To Property 'Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. ` SB146932F CNA (Ed. 6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to 'property damage' (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage' included in the 'products-completed operations hazard.' 2. Under B. Exclusions,1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c,d, e,f, g, h, t, k, I, m, n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the 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 D. Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item S. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liabiltty and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB146932F(6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. t SB146932F CNA (Ed. 6-16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (in Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. C/VA ' CNAB`93 4) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. 44,01, �0 9y 289Fco D CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its pennission • ' City of Palm Springs Analysis of Impediments to Fair Housing Choice I*•V' November 2013 lip 1}A 1.wsiac Y F LL t City of Palm Springs Community & Economic Development Department 3200 E. Tahquitz Way Palm Springs, CA 992262 palm Springs Municipal Code Up Previous Next Main Search Print No Frames Title 7 PROCUREMENT AND CONTRACTING Chaoter 7.04 SPECIAL CIRCUMSTANCE METHODS OF AWARD OF CONTRACT OR PURCHASE ORDER 7.04.030 Special expertise procurement. A contract may be awarded without competition when it is determined dial an unusual or unique situation exists, in that due to experience and expertise demonstrated in prior contracts with the city a particular contractor is uniquely qualified for a particular task,that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with such competition as is practicable under the circumstances. (Ord. 1605 § I,2002) View the mobile version. 4er �al� ok �o c4� Ft �-- 1�- 3 5 .15 CONSULTING SERVICES AGREEMENT Veronica Tam and Associates, Inc. THIS AGREN FOR CONSULTING SERVICES ("Agreement') is made and entered into on 013, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Veronica Tam and Associates, Inc., a California Corporation, ("Consultant'). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of an Analysis of Impediments (AI), for Fair Housing Choice, ("Project'). B. Consultant has submitted to City a proposal to provide Analysis of Impediments to Fair Housing Choice, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Analysis of Impediments (AI) to Fair Housing Choice, services to City as described in the Scope of Services/work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Revised:6/16/10 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated 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 $14,850.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 2 Revised:6116110 720599.1 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of six months, commencing on May 1, 2013, and ending on October 31, 2013, 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 Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Veronica Tam, AICP, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing 3 Revised:6/16/10 720599.1 principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Veronica Tam, AICP Principal Jessica Suimanjaya, AICP Planner Brandy Adair Planner Andrew Pasillas GIS/Technician 4 Revised:6/16/10 720599.1 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims'), including but not limited to Claims arising from injuries or death of persons (Consultant'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 Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the 5 Revised:6/16/10 720599.1 negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub- contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for 6 Revis d:6116110 720599.1 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. Revised 6116110 720599.1 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 Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Asaainst 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, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Veronica Tam and Associates, Inc. Attention: Veronica Tam 107 S Fair Oaks Ave, Ste 212 Pasadena, CA 91105 9 Revised 6/16110 720599.I 11.2 Intearated 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, whi h_shall, be-interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. ( End —Signatures on Next Page ] 720599.1 9 Revised:6/16110 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready APPROVED BY C1TyPKAMMpager APPROVED AS TO FORM: ATTEST By. By. Douglas C. Holland, mes Thompson, City Att rney City Clerk "CONSULTANT" Veronica Tam and Associates, Inc. 4 // B : �4Date T 3 Y Veronica Tam Principal 10 Revised:W16110 720599.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Scats of Cal' County of On (o before ma, E G titi OaYa Hne Y�aal NemeaMT or Nor Oamr personally appeared 'l �L � ti112L _ torah!N Blpne>ial who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware subscribed to the within instrument and acknowledged to me that helsheNhey executed the same in his/herflheir authorized aapady(ies),and that by hwherAheir signeluie(s)on the GERALDENEA.HUMPNREV instrument She person(s), or the entity upon behalf of i COMM.#192MI g which the person(s)acted,executed the Instrumant. NOTARY FWL.IC•CALIFORNIA.9 LOS ANGELES COUNTY I certify under PENALTY OF PERJURY under the laws eMy Comm.EYpirss March 18,2015 of the State of California that the foregoing paragraph Is true and correct. WITNESS/�J`hand�an/d'�off f 'at seal. Signatur �-/� Paco Notary seal Abdnl 9ip�rwry M4bmryw /J1 OP77ONAL Though the uabrnrrerfoa babw is not required by Ift 11 rOy hove vsklede to Persons rsW on Ae doeumew and eouid prem9 fn valt4e d remote!and reaeerlrnN.ae of duo form To araihw daamlad. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s)Other Than Named Above., —_.,__._. Capacfty(tes)Claimed by Signers) Signer's Name:„ Signor's 0 Individual ❑Individual ❑ Corporate Officer—Titie(s): ❑Corporate Officer—Tble(s):� • Partner—❑Limited ❑General ❑Partner—❑Limited C General ❑ Attorney in Fad J Attorney in Fact ❑ Trustee Tiop as lhm here ❑Trustee Top d bnnri here ❑ Grmrdlan or Conservator ❑Guardian or Conservator ❑ Other. ❑Other: Signer Is Representing: Signer Is Representing: Oaoor NHpal Nopry aaaRlNbn•8950G9oro a�e.,PA.apa2a0Q•CM1eY,vrM1,GA Bi51926�.ww,vNa�uNWrydp Nwaa�et Raadar:0elTILa�1201L9nss8En 11 Revised:6/16/10 7205991 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 12 Revised:6/16/10 720599.1 Scope of Services / Work Consultant shall provide the City professional consulting services with respects to updating the City's Analysis of Impediments (AI) to Fair Housing Choice. Such services may include, but shall not be limited to: Task 1: Review lending and insurance practices and policies for impediments to housing choice. In light of the current lending market crisis, the discussions on lending practices in the current Al will be completely updated. The review of lending and insurance practices will make up the "Lending Practices" chapter of the Al. Specifically, will include: a) Evaluate the lending patterns in the City using a variety of sources, including but not limited to, CRA rating and documentation available as a result of the Home Mortgage Disclosure Act (HMDA): 1. Foreclosure activities and other characteristics as available 2. Disposition of conventional home purchase, home improvement, home refinancing loan applications, and mortgage insurance applications by race and income of applicants 3. Disposition of government backed home purchase and home improvement loan applications by race and income of applicants 4. Lending in low and moderate income areas 5. Lending in minority concentration areas 6. Top lenders in the City b) As part of the outreach process for the Al, the Consultant will invite mortgage lending institutions to participate in the community workshop to obtain input on possible fair housing impediments associated with policies, procedures and monitoring practices, whether staff is trained in fair housing law and the extent of marketing of mortgage products in low income and minority neighborhoods. c) Use the gathered information to prepare a written analysis (Lending Practices chapter) to determine the "appearance" of discriminatory mortgage lending or insuring patterns, practices and disclosures which impede housing choice. However, HMDA data does not contain sufficient detailed information to conclude discrimination. d) Provide a list of recommendations, based on the written analysis, which the City of Palm Springs may implement to overcome impediments to fair housing choice regarding lending and insurance practices which will be found in the "Impediments and Recommendations' chapter of the final Al. 13 Revised:6/16/10 720599.1 Task 2: Review existence of group homes and supported living facilities The Consultant will analyze public policies and regulations regarding group homes and supportive living facilities by completing the following actions: a) The Consultant will obtain information, codes and ordinances regarding the locating and maintaining of group homes and supported living facilities as well as all other housing types as required by state law (emergency shelters, transitional housing, residential care facilities, single room occupancy units, supportive housing and mobile homes). The Consultant will evaluate the City's General Plan, Housing Element and Land Use Element in relation to the provision of housing choice and assess the City's standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. b) Prepare a written analysis of the collected data to determine possible effects on housing choice for all residents, including disabled individuals and housing providers in the "Public Policies" chapter of the Al. c) Based on the information in the Public Policies chapter, we will provide a list of optional actions which the City of Palm Springs and other organizations may implement to overcome the identified impediments in the Impediments and Recommendations chapter of the Al. Task 3: Review patterns of occupancy in public housing and Section 8 programs. The Consultant will assist the City in reviewing data from the Housing Authority and creating optional actions to remove impediments to fair housing choice. Section 8 program policies and practices will be reviewed in the Public Policies chapter of the Al. Impediments to fair housing as well as recommendations to overcome identified impediments will be detailed in the Impediments and Recommendations chapter of the Al. Task 4: Review public sector policies, codes, ordinance and practices for general impediments to fair housing. The Consultant will obtain information, codes, ordinances, existing studies, plans and polices that relate to fair housing, access to housing or other housing problems to identify impediments to housing choice. This information will be included in the Public Policies, Fair Housing Practices and a "Progress since Previous Al" chapter. The Public Policies chapter will include a review of the Housing Element, Consolidated Plan, Action Plans, and CAPERs to determine actions and programs as well as accomplishments with regard to expanding a range of housing choices and improving equal access to housing. Specifically, the 14 Revised:6/16/10 720599.1 State Housing Element law has been amended recently to require jurisdictions to address constraints to housing for persons with special needs, including emergency shelters, transitional housing, supportive housing, single room occupancy units, and housing for persons with disabilities: • SB 520 (Reasonable Accommodation) • SIB 2 (Emergency Shelters, Transitional Housing, Supportive Housing) • AB 2634 (SRO) is SIB 812 (Housing for Persons with Developmental Disabilities) The Consultant will review the City's 2006-2014 Housing Element to address its compliance or approaches to compliance with these provisions. The Fair Housing Practices chapter will include a review of the scope of work of the fair housing service provider to determine how the contracted services align with the recommendations of the current Al. The Consultant will interview the fair housing service provider to discuss accomplishments in mitigating the impediments and solicit suggestions regarding gaps of services and additional needs. The Consultant will evaluate the current fair housing profile in the City, including the following: a) Assessment of current public and private fair housing program/activities to identify and describe existing programs, services, and activities that assist in the provision of fair housing. b) Identify and describe fair housing practices and procedures of real estate associations and apartment owners associations. c) Contact and interview fair housing service provider, local nonprofit housing organizations, housing advocacy groups, and the local HUD office to obtain information on the nature and extent of fair housing complaints, violations, or suits against the City. Also included are: 1. Research of the prevalence of fair housing discrimination suit(s) filed by the Department of Justice, State Department of Fair Employment and Housing, and other agencies. 2. Identification of the nature and extent of hate crimes in the City. 3. Discussion of other fair housing issues such as the impact of "NIMBYism" on housing choice. The Consultant will also review the Cit 's administrative policies to assess the Y potential impediments to fair housing, including sensitivity and fair housing training for staff, multilingual capability of code enforcement and housing programs staff, accessibility of public facilities (Section 504 and ADA compliance). 15 Revised:6/16110 720599.1 For the Progress since Previous Al chapter, the Consultant will conduct a review of the City's current Al to identify conditions and impediments that may no longer be relevant; and/or may have been partially mitigated; may not have been adequately addressed; and/or may be of increased concern. Task 6: Prepare a draft and final Analysis of Impediments to Fair Housing Draft Al The Consultant will prepare a draft Al based on the collected data. It will include analysis, conclusions, impediments to fair housing choice and recommendations that the City of Palm Springs may implement to overcome identified impediments. After review of the draft by City staff, we will make appropriate changes and produce a public review Draft AI, which must be made available for a public review period of 30 days. Upon completion of the public review period, the Consultant will respond to public comments received and formulate a final Al. Products will include: • Staff Review Draft Al (electronic PDF copy) • Public Review Draft Al (electronic PDF copy and five hard copies) • Final Al (electronic WORD copy and five hard copies) The Al is not required to be adopted by the City or approved by HUD. However, the HUD FHEO has indicated that the City must show records that the City has officially accepted the final report as its Analysis of Impediments to Fair Housing Choice. Typically, conducting a public hearing or putting the Al on the Consent Calendar would consider adequate. The Council meeting agenda will serve as record of City acceptance of the Al. After officially accepting the Al at a Council meeting (either via the Consent Calendar or a public hearing), the Al must be signed by the Chief Elected Official or his/her designee for HUD contracts. Task 6: Undertake a public participation program. For the development of the Al, we have included the following outreach components: • Community Meeting: The Consultant will assist City Staff in conducting one community meeting, along with an electronic PowerPoint presentation, to discuss fair housing issues with residents, service providers, advocacy groups, housing professionals, and other community stakeholders. Special invitations will be sent to service providers, housing professionals, and community groups to solicit their participation. • City Council Meeting: The Consultant will attend one public meeting with the City Council for the presentation of the Al, as deemed necessary. 16 Revised:6/16/10 720i99,1 Schedule of Fees The Consultant will undertake the activities for a fee not to exceed $14,850.00 and would charge for the services rendered under this work program on a time and material basis. Task Principal Planners GISITech Total Other Total $136 $90 $70 Hours Costs Cost Task 1. Lending Practices 2 4 8 14 - $1,190 Task 2. Group Homes/ Supportive Living - 8 2 10 - $860 Facilities Task 3. Occupancy in Public - 4 - 4 - $360 Housing&Section 8 Task 4. Review of Public Policies 2 12 - 14 - $1,350 Task 5. Draft& Final Al Staff Review Draft Al 8 40 20 68 - $6,080 Public Review Draft Al 4 12 - 16 - $1,620 Final Al 2 4 6 - $630 Task 6. Public Participation Community Workshop(1) 4 4 6 14 - $1,320 Public Meeting(l) 4 - - 4 $540 Reproduction - - - - 1 $300 $300 Miscellaneous(Phone, postage, - - - _ $600 $600 mileage,etc. Subtotal 26 88 36 150 - - Total $3,510 $7,920 $2,520 - $900 $14,850 Consultant's out of pocket expenses/reimbursable expenses for travel and reproduction charges are charged to the City at Consultant's cost. Payment shall be made for each task based upon the satisfactory completion of the task. Payment shall not exceed the amount stated for each task provided that with the approval of the Contract Officer funds may be shifted between tasks provided that the contract sum shall not be exceeded. 17 Revised:6116110 720599.1 Schedule of Performance The City wishes to complete the Al on an accelerated schedule. The proposed milestones, as presented below, will allow the City to complete a Draft AI in August 2013 for City's acceptance in September 2013. Activity Timeframe Agreement Executed Aril 2013 Project Initiation May 2013 Community Workshop June 2013 Drafting of the Al May—August 2013 Public Review of the Draft Al Au ust 2013 Cit 's Acceptance of Al Se tember 2013 18 Revised 6116110 720599.1 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) 19 Revised:6/16110 7205991 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: ✓ required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, 20 Revised:6/16110 7205g9 1 employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VI I, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No._ ,or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City' may be included in this statement) 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail 21 Reviwd:6/16/10 720599.1 such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. 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. 22 Revised:6/16/10 710599.1 ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date0 2Ml00D3 R) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Sherry Young Heffernan Professional Practice Insurance Brokers NAME: License No. 0564249 ,Ext: 714-361-T700 aC No: 714381-7701 AdC N 6 Hutton Centre Dr., Suite 500 EMAIL sherrvCdheffins.com Santa Ana,CA 92707 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Casualty Co.of Reading PA 20427 Veronica Tam&Associates,Inc. INSURERS: Continental Casualty Co. 20443 107 S.Fair Oaks Ave.,Suite 212 INSURER C: Valley Fare Insurance Co. 20508 Pasadena,CA 91105 NSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY UP LIMITS LTR INSR WVD MMDU/EY POLICY P GENERAL L LIABILITY B4019903754 11/16/2012 11/16/2013 EACH OCCURRENCE $1.00aaoo A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300.000 PREMISES(Ea oocuirenm) CLAIMS-MADE 1z OCCUR MED UP(My we person) $10,000 X PERSONAL S AmlINJURY $1,000.000 GENERALAGGREGATE $2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $2,000,000 POLICY X PROJECT LOC $ A AUTOMOBILE LIABILITY B4019903754 11/16/2012 11/16/2013 COMBINED SINGLE LIMB $1000 OOD (Ee emidenn ANY AUTO BODILY INJURY(P.,person) $ ALL OWNED AUTOS SCHEDULED BODILY INJURY Per ao9daM $ AUTOS X HIREDAUTOS X NON0WNED PROPERTY DAMAGE AUTOS (Perac enn $ $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MAOE N/A AGGREGATE $ DIED I 1RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYER$'LABILRY YM TORY LIMITS ER ANY PROPRIETORrPARTNE2El(ECUTlVE/ E.L.EACH ACCIDENT $1.000,000 c oPPlcEanuEMeERBxcwDEw ❑ NIA x WC430813948 07/01/2012 07/01/2013 (MeMalory in N.H) E.L.DISEASE-EAEMPLOYEE $1,000,000 If yee,d..te,under DESCRIPTION OF OPERATIONS Oebw ELDISEASE-POUCYUMIT $1,000,000 PROFESSIONAL LIABILITY NIA PER CLAIM $1,000,000 B MCH276199824 11/16/2012 11/16/2014 AGGREGATE $2,ODO,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additlonal Remarks Schedule,H more apace Is required) Projects as on file with the insured.The City of Palm Springs,its elected officials,officers,employees,agents and volunteers are named as additional insureds and primary/non-contributory clause applies to the general liability policy anda waiver of subrogation applies to the work comp policy-see attached endorsements.Professional Liability Deductible:$5,000 per claim. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Palm Springs EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk's Office 3200 E.Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs,CA 92262 A/ ACORD 25(2010105) /`"� 01.8.2010 ACORD C .TJ I�. The ACORD name and logo are registered marks of ACORD MAY 2 8 2u;3 By � SB-146968"A OVA POLICY NUMBER: 8401"03754 (Ed.01106) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury." 'property to include as an insured any person or organization damage," "personal and advertising injury"arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement: but the written contract or written services including: agreement must be: a. The preparing,approving,or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opirdim, term of this policy:and reports, surveys, field orders, change orders 2. Executed prior to the "bodily injury," 'property or drawings and specifications by any damage"or"personal and advertising injury.' architect, engineer or surveyor performing services on a project of which you serve as B. The insurance provided to the additional insured is construction manager;or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. additional Insured which is the subject of the 5. This insurance does riotwritten contract or written agreement No " apply to intitry," oovera applies to liability resulting from the sole "property, damage; or personal enndd advertising ge negligence of the additional insured. a.T adding out construction 2. The Limits of Insurance applicable to [be The acting as or constdemruction work whole you additional insured are those specified in the are acting as a construction or demolition written contractor written agreement or in the contractor. This exclusion does not apply to work done for or by you at your premises. Declarations of this policy. whichever is less. a� These Limits of Insurance are inclusive of,and not G BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E.2,) of the 9. The coverage provided to the additional Ensured Businessowners Liability Coverage Form is amended within this endorsement orseent and section tided to add the following: i LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as i DEFINITIONS — "Insured ContreoV (Section soon as practicable: F.9.)within the Businessowners 1.19bility,Coverage 1, Give written notice of an occurrence or an offense Form,does not apply to"bodily injury"or"property f, damage" arising out of the "products-oompleted to us which may result in a claim or "suu" under s vyeraliune hazard" unkind rnyuirrru by the wrillun this insurance: 1111C contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01106) MAY 2 8 2013 By_ SB-146968-A (Ed.01/06) 2. Tender the defense and indemnity of any claim or against that"suit" If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part;and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance Of: which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance;and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance. insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this naming the additional insured as an insured Coverage Part. whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This' 2 We waive any right of recovery we may have insurance is excess over any other insurance to against any person or organization against whom you which the additional insured has been added as an additional insured by endorsement, have agreed to waive such right of recovery in a written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or your work" done under a additional insured against any "suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard." SB-146968-A D Page 2 of 2 (Ed.01/06) MAY 2 S 2013 By-� OVA (Ed, 1i/97) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it Is attached. It is agreed that Part One Workers'Compensation Insurance G.Recovery From Others and Part Two Employers' Liability Insurance H.Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applles only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE- The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure.The amount is 2.°k. G-19160-B EBy ! r-S age 1 of 1 (Ed.11197) 8 2013