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HomeMy WebLinkAbout05723 - COGAN OWENS COGAN LLC SUSTAINABILITY MASTER PLAN PROFESSIONAL SVCS AGR _ Page ] oP2 ieL•f � U LU�� Jan T ruscott From: Kathie Hart Sent: Tuesday, October 20, 2009 10 02 AM To: Jan Truscott SUbyect: FW A5723 Cogan Owens Cogan Consulting services -to develop a Sustainability Master Plan jan/David: The cansufitarnr has relayed 1e me that the above has b ern coonp leted, - would like collfirrn phis before, closing the agreement. Thanks for your help. LG l ���� l P:c,Cpiie Hart, CIIIII � C° LJ Chi6f bepUly Cory Clerk Ciiy OF 'I&II Spr ingr: C� r1200 E. 1 aligwl.a Cam;on iWav ra!m springs, C�'n� 92262 I i7aC) 323-6206 rnI (760) 322-6332 Ka1'iiz, Hair'0d Pcrin1,5p nngsCA gov Please note that Ligr Mall rs open h'a.m. to 6 p.m. A7nndnii chrough 7 nursdirv,and doserl on Fnduys ut chis trr From: Tom Wilson Sent: October 20, 2009 9:59 AM To: Kathie Hart Subject: RE: A5723 Cogan Owens Cogan Consulting services - to develop a Sustainability Master Plan rp0 Kathy ---To my Knowledge it is DONE . , but may need to check with the City Mgr Thx . TomW From: Kathie Hart Sent: Tuesday, October 20, 2009 9:56 AM To: Tom Wilson SuRoj8ct: A5723 Cogan Owens Cogan Consulting services - to develop a Sustainability Master Plan Torre: The consultant has relayed to me That •the above has been completed. - would like confirm this before closing the agreement. Thanks for your help. Knitlhris -lart, I I'I,+'lC Chlc_F Deau-Yv I'itv Clerk Ci ty GAF P&I-I 51arings 32C^CI E. TOhquitz Canon VJc' Palm Springs, CA 922G2 (750) 323-8206 (T i'SCIf I^ Ifa-Y'rla.l-iarir�Paltii5pr•Inna'C dt go,r Plcasc notc that City Nall it open 8 a m, to 6 p.m.Monrlri3l throuflh Thursdov, and closed on Fr•idmI at this time 10/20/2009 Page 2 of 2 From: Erin Atkinson [mailto:erin.atl<inson@coganowens.com] Sant: October 20, 2009 9:11 AM uo: Kathie Mart Su+ojeet: Certificate of Insurance "" IH"111, ➢ am m updated cetulicat, of iu;uran u. 1 h� puu•jca l vle v eue r,od;ine o:a illu the city Olds .0111plcled in early 2009 ,xiYh ilnal Qmpnrent recmarerl 07'/23/09 Ih e Yn iVii, hr:jucd Er-ung crrittplcic we did net issue a nit]VL urli� aYc to the City '➢aesc I01 me I non, if yolt still rcquirc •I :crtoficntc Lrid ➢ s Hill cnnq;ur nur regent. Thank you. Erin MRIRI ATKI➢Iscil,Business fill nai2er P 503 225 0192 x 201 1 F 503 225 0224 Cogan Cvvens Cogan,LLC Fngaguig people to creme and'iustam great conimumlies 013 SW Alder Street,Suite 320 1 Portland, Oregon 97205-31 11 www caganoweris com lam]Please do not print this email unless necessary.Thank you. 10/20/2009 PROFESSIONAL SERVICES AGREEMENT Sustainability Master Plan THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into this 19th day of September, 2008, ("Effective Date") by and between CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and COGAN OWENS COGAN, LLC., a limited liability corporation organized under the laws of the State of Oregon (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that it requires the service of an independent contractor to assist the City in the preparation of an overall master plan for a sustainable city. B. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. C. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide those services specified in the Scope of Services attached hereto as Exhibit "A" and by reference made a part of this Agreement (the "services" or "work" or "Scope of Services.")- Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services and specific terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 1.5 Personnel. All services shall be performed by Consultant or under her supervision and all personnel engaged in the work shall be qualified to perform such services. 2. TERM OF AGREEMENT. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect for a period of six (6) months, unless extended by mutual written agreement of the Parties. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated in an amount not to exceed One Hundred and Thirty Two Thousand Six Hundred Dollars ($132,600.00). Consultant will be paid a total amount for each Task as provided in Exhibit "B" to this Agreement and specified on the Revised Cost Estimate in the Scope of Services, and the Consultant will be paid on a percentage of services work completed basis for each Task. THE MAXIMUM AMOUNT OF THE CITY'S OBLIGATION UNDER EACH TASK IS THE AMOUNT SPECIFIED AS THE TOTAL AMOUNT FOR EACH TASK ON THE REVISED COST ESTIMATE IN THE SCOPE OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 3.1, THE DATA AND CALCULATIONS CONTAINED IN THE REVISED COST ESTIMATE SHALL HAVE NO EFFECT ON THIS AGREEMENT AND NOT BE USED FOR ANY PURPOSE IN THE INTERPRETATION OR ADMINISTRATION OF THIS AGREEMENT. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED FOR ANY TASK BEFORE THE CONSULTANT'S SERVICES UNDER THIS SECTION 3.1 ARE COMPLETED, CONSULTANT WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT SPECIFIED FOR EACH TASK. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, on or about the first business day of such month, Consultant shall submit to the City in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Consultant will submit monthly invoices identifying the work completed and an estimate of the amount of services provided as a percentage of the services required pursuant to the applicable Task. Each invoice will be reviewed and approved the Contract Officer and if approved, paid within sixty (60) days of receipt of the invoice. Each request shall be accompanied by such reporting 2 data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the Contract Officer. If the Contract Officer determines that the work under this Agreement or any specified Task hereunder is incomplete or that the amount of payment is in excess of the amount considered by City to be adequate, the Contract Officer, at his or her discretion, may reduce the payment amount accordingly 3.3 Changes in Scope. In the event any change or changes in the scope of services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/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 Cibf Roles and Responsibilities, City agrees to provide the deliverables and perform the work directly related to the matters described in Exhibit "C" to this Agreement. 3.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE Consultant shall commence the services on the Effective Date and shall perform all services on an "as needed" basis except as otherwise specified in the Scope of Services. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The Consultant designates Robert Wise as the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. 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. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise 3 specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of 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 in whole or in part the services required hereunder without the express written approval of City. Notwithstanding this prohibition, SERA ARCHITECTS, INC., shall be deemed approved to perform services under this Agreement. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review 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. 6. INSURANCE AND INDEMNIFICATION 6.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "D", which is attached hereto and is incorporated herein by reference. 6.2 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, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Consultant's liability for indemnification hereunder is in addition to any liability Consultant may have to City for a breach by Consultant of any of the provisions of this Agreement. 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 hereunder. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement- 4 7. RECORDS AND REPORTS 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such becks 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. 7.3 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 and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 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 hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 7.4 Release of Information and Documents. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 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. . 7.5 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 and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 8. ENFORCEMENT OF AGREEMENT 8.1 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 Orange, 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. 8.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any 5 waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. BA 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. 8.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, with or without cause, in whole or in part, upon giving Consultant ten (10) days written notice, except that 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 such notice, City shall pay Consultant for services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. 9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non-Liability of CitV Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 10, MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying 6 the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To Ci City of Palm Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Attention: City Manager To Consultant: Cogan Owens Cogan, LLC 813 SW Alder Street, Suite 320 Portland, OR 97205-3111 Attention. Robert Wise 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. SIGNATURES ARE PROVIDED ON FOLLOWING PAGE IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF PALM SPRINGS, a California charter City and municipal corporation David Ready f Manager ATTEST: 4 � ?- James _ - APPROVED BY CITY COUNCIL Thompson, City Clerk %•�1.ob � ta�z't Zoo ��� APPROVED AS_T_OFO�Ad; j- \ �/ w By: D.'ge, D udglas HollandjOity Attorney "CONSULTANT" COGAN OWENS COGAN, LLC By: z4 raid �rs yrYece-� Print Naff7e and Title By: Print Name and Title s City of Palm Springs palm springs Sustainable Community Consulting Services pant lL Revised Draft Scope of Work September 23, 2008 PURPOSE The following is a work breakdown structure (WBS)of the Palm Springs Sustainable Community Consulting Services project. This WBS details specific subtasks under each task and phase and shows roles and responsibilities for the deliverables. Contingency(additional)tasks are identified in several cases. The WBS and cost estimate assume a six-month process. Assumptions for complementary City-led tasks are provided under separate cover. To accomplish this work, we will build on what the City has already done, including the Path to Sustainability: 56 Actions We've Already Done, the 20 First Steps to Sustainability, the 20 First Steps You Can Take and other efforts by the Mayor, Leadership Council, City agencies and citizens. Throughout the project, we have assumed Cogan Owens Cogan, LLC (COC) will: 1. Provide camera-ready materials for the City to reproduce, except where noted otherwise. 2. Revise each draft deliverable once according to a consolidated set of City comments and produce a single final draft. Phase 1: Kickoff and Current Conditions Task 1: Convene and Orient Public Agencies, Local Outreach Group and Leadership Council and Begin Outreach During Task l we will convene the Mayor, City Council, public agency department heads, the Local Outreach Group and Leadership Council in a series of six kick-off meetings. These meetings will occur over two days. Subtasks include the following, generally presented chronologically: 1.1 COC will assist the City in convening the ]tick-off meetings by drafting camera-ready agendas and materials for the meetings. 12 COC will plan the kick-off meetings. 13 COC will write a draft set of Sustainability visions for the City of Palm Springs to use in the kick-off meetings. These visions will be based on the three visions submitted in our proposal. 1.4 COC will develop a four-page memorandum detailing a recommended strategy for the City for the days leading up to and including the Sustainable Communities Summit(November 5"through the 81"), including a draft Summit agenda, what activities should occur on the days prior to it and who should be invited. A few examples of what the City and COC can do around the Summit follow: • Wednesday,November 5:Nelghborhood Dqv: Details to be determined (TBD). • Thursday,November 6: village Fest: Set up and staff a booth or display of sustainability efforts to solicit feedback from visitors and business owners (distribute and collect questionnaires, etc.). • Friday,November 7: Education Day: Details TBD. • Saturday, November 8:Sustainable Communities Summit: Initial ideas for Summit agenda items include: - Keynote speaker,David Suzuki - Mayor presents City background on sustainability efforts - Overview on the Natural Step framework I COGAN O W ENS COGAN - Presentation on draft vision and guiding principles - Break-out groups to solicit feedback on draft vision and guiding principles - Break-out groups to gather input on potential actions to achieve the vision and guiding principles - Disiribute questionnaires for obtaining similar feedback - Reception for networking 1.5 COC will meet with the Mayor, City Manager and City Project Manager. The purpose of this meeting is to review the project, schedule, scope and expectations for the project, plan for the November Summit and to request major goals/targets for the project. 1.6 COC will meet with the City Council at a special luncheon meeting to provide an overview of the project and expectations, summarize the Natural Step and visions, solicit initial feedback and input on direction and potential actions. A similar presentation will follow to the Mayor's Leadership Council at an afternoon reception. 1.7 COC will conduct an orientation session with the public agency department heads and the Local Outreach Group. The purpose of this meeting is to familiarize the agency department heads,and the Local Outreach Group with the Natural Step and visions, obtain initial feedback on the visions and develop guiding principles and potential actions. The Natural Step and its four system conditions will be a way for the City to define sustainability in operational terms and provide a framework for the agency department heads to conduct initial background research. 1.8 COC will develop a draft data needs list. Generally, the data will include a summary of current conditions, plans for the future and Ivey sustainability opportunities. Sample topic areas include: • Demographics: Population information, age, race, ethnicity, education and income levels and their interests in sustainable dcvclopmcni. • Economic development: Strategies for local business ownership, employment, unemployment, local investment in green technology, green collar jobs, ecotourism and sustainable business practices. • Land use and transportation: How to promote the complete local community and encourage bicycle and pedestrian plans, alternative modes, transit, other. • Open space and recreation, Determine available and planned open space and identify plans for the future. Identify key habitats and plans to protect and enhance them. • Environmental protection, including clean water, air and land. • Public health, including healthy active lifestyles and healthy foods(see Food Supply). • Housing: Affordability, green building and historic preservation. • Community information, education and engagement, mobilizing and engaging an entire city. • Air quality and carbon footprint: Define need for carbon footprint analysis and local or regional climate change/action plan. Understand causes and consequence of urban heat island effect. Define elements of a peak oil strategy. • Solid waste systems: Define current system, major current sources of waste, plans to move to zero waste vision and related recycling and reuse industry. • Water systems: Define current system, responsible agencies, who plans to make them more sustainable including water conservation and reuse. • Energy supply (including electricity): Define current system plans for the future, and conservation and renewables. • Food supply: Define current food systems, trends and local food systems, e.g., farmer's markets and community supported agriculture. • Water supply: Sources,availability, risk, conservation and reuse strategies. • Development standards to encourage green building and development, historic preservation, and walkable, bikeable neighborhoods. 2 COG ANAN QwF,Ns COO'A,N 1.9 COC will develop a draft City Agency Guidance "Workbook" (Workbook) for City agencies to use in gathering and digesting information of the current situation report. The purpose of this document will be to guide the City department heads in their initial review of the existing situation and future plans, City programs, policies and regulations to identify key sustainability challenges and opportunities. 1.10 COC will meet with the public agency department heads. The purpose of this meeting is to review the data needs list and Workbook (Tasks 1.7 and 1.8) and assign roles, responsibilities and timeline for assembling that data. COC will provide a list of data needs at the beginning o[this meeting, refine it in the course of the meeting and provide guidance to the group on how to begin pulling the information together for our use in Task 2. Agency heads should come to this meeting having reviewed the data needs list and assessed which items are available, which are not, what is out of date, the quality of the information and where the list needs revision and/or clarification. The group will prioritize which items, if any, may require additional research in order to provide a sufficient foundation on which to build the vision, guiding principles and action plan. 1.11 COC will meet with the Local Outreach Group. The purpose of this meeting will be to finalize the list Of groups to which outreach efforts will be made. A preliminary list of community groups to reach out to includes- • Agua Caliente Band of the Cahuilla Tribe (working through the Tribal Council on the Leadership Council) • Civic groups • Educational institutions • Local businesses • Neighborhood Associations- - Araby Cove Neighborhood Organization - Baristo Neighborhood Organization - Chino Canyon Neighborhood Organization Docpwell Estates Neighborhood Organization - Demuth Park West Neighborhood Organization - Desert Highland Gateway Estates Communication Action Association Desert Vista Neighborhood Organization El Mirador Neighborhood Organization Four Seasons Neighborhood Organization - Historic Tennis Club Neighborhood Organization - Old Las Palmas Neighborhood Organisation Racquet Club Estates Neighborhood Organization Racquet Club South Neighborhood Organization Racquet Club West Neighborhood Organization Ruth Hardy Park Neighborhood Organization Sunmor Neighborhood Organization - Sunrise Vista Chino Neighborhood Coalition Taquitz River Estates Neighborhood Organization The Mesa Neighborhood Organization - The Movie Colony Neighborhood Organization Vista Las Palmas Neighborhood Organization - Warm Sands Neighborhood Organization • Palm Springs Hospitality Association 1.12 COC will meet with the Local Outreach Group. The purpose of this meeting will be to: A. Train the Local Outreach Group to provide outreach to, and gain feedback from, community members. COC will provide a draft and final Outreach Toolkit the Local Outreach Group can use to guide these efforts. Examples of elements the Toolkit could include: � CQCAN C)�VHN6' COC-AN — Purpose statement—what these meetings are for, what the City hopes to learn/achieve Meeting agenda — Discussion guides—short session — Discussion guides—long session Facilitator's guide — Questionnaire focused on actions that sectors in Palm Springs can take. This questionnaire will be distributed at outreach meetings, Village Pest, the Summit and in other locations as the City determines. — Meeting request form for participants to request future meetings with other community groups — Sib-in sheet Project schedule Fact sheet on project Summary template for meetings and questionnaires B. Finalize the outreach strategy for the Local Outreach Group's volunteer efforts. This strategy will include designating a point-person and team for each outreach area, roles and responsibilities and meeting schedule. 1.13' COC will draft a single summary of all kick-off meetings including the following information: • Bulleted list of revisions to project schedule, scope and expecrations with Mayor, City Manager and the City's project manager(Task 1.5) • Bullctcd list of ideas for November Summit(Task 1.5) • Bulleted list of ideas from vision discussion at orientation meetings, including changes to the vision, guiding principles and initial ideas for actions (Task 1.6) • Bulleted list of changes to list of background documents (Task 1.9) • Bulleted list of areas that may require additional research (Task 1.9) • Roles, responsibilities and timeline for assembling background data(Task 1.9) • List of changes to list of outreach groups (Task 1.11) • Draft outreach strategy for Local Outreach Group(Task 1.11) 1.14 Following receipt of City consolidated comments, COC will finalize kick-off meeting summary. Task I COCDeliverahles: A. Camera-ready agendas and meeting materials for each kick-off meeting. B. Facilitation at each kick-off meeting- C. Four-page November Summit/event(s)plan memorandum, including a draft Summit agenda- D. Draft vision and guiding principles- E. Draft data needs list. F. Draft City Agency Guidance Workbook. G. Draft list of community groups for outreach efforts. M. Draft Outreach Toolkit for Local Outreach Group. 1. Draft summary, including all kick-off meetings (The revised vision and guiding principles, draft list of potential actions, list of community groups and draft Local Outreach Group outreach strategy will be included here.) J. Final kick-off meeting summary. K. Final list of community groups for outreach efforts. L. Final Local Outreach Group outreach strategy memorandum, including point person and team, detailed roles and responsibilities and schedule. M. Electronic copy (CD or email PDF) of Final Outreach Toolkit for reproduction and use at community meetings. Task 2: Identify and Assess Current Conditions q COG AN OWGNS MOAK The purpose of Task 2 is to use the Natural Step four system conditions as guidelines and as a filter to refine and review current conditions. In practical terms, this task will entail a collaborative effort to review background data and information about the City's current plans, policies, operations and regulations and assess challenges and opportunities according to the Natural Step framework. To accomplish this task: 2.1 COC will finalize the data needs list according to the information gleaned in Task 1.9, including .. priorities for additional research_ 22 COC will finalize the City Agency Guidance Workbook according to any questions or comments that surface in Task 1.9. 2.3 COC will provide support for the City department heads as they review existing plans, City programs, operations, policies' arid regulations and summarize them (most likely cut and paste or pointing to page numbers) according to the questions in the data needs list and the framework and training we provide at the kick-off meetings. 2.3.1 Additional task: As a budget add-ors, COC could complete the review of existing plans, City programs, operations, policies and regulations and summarise this review, though the Cio) would still need to provide these documents to COC. Contingency budget assumes up to 15 documents. 2A After the City department heads and staff conduct their initial review, COC will review their deliverable and develop a draft four-patio Summary Analysis and Recommendations Report summarizing what the data review uncovers and the related sustainability actions the City can take based on the Natural Step framework. This document will be written for a general audience so that it can easily be used in community outreach efforts and to facilitate the development of a clear, detailed action plan. 2.5 Following review of consolidated City comments, COC will finalize the Summary Analysis and Recommendations Report. 2.6 COC will, in consultation with the Mayor and City Manager, develop a list identifying up to five quick-start actions the City can take to maintain momentum in this effort. Task 2 COC Deliverables: A. Final data needs list. B. Final City Agency Guidance Workbook- C. Draft four-page Summary Analysis and Recommendations Report- D. Final four-page Summary Analysis and Recommendations Report. E. Memorandum identifying five quick-start actions the City can take to maintain momentum- F. Additional deliverable: As a budget add-ors, COC could complete the review of'existing plans, City programs, operations, policies and regulations and .sunuuarize this review, though the City would still need to provide these documenrs to COC. Contingency bzrdget assznsies itp io 15 doczments. Phase 11; Public Engagement and Summit Task 3: Public Engagement and Summit A preliminary public involvement approach (to be refined in Task I kick-off meeting) follows: 3.1 Local Outreach Group will conduct and summarize up to 20 meetings with community groups according to the list, strategy, schedule and summary template developed in Task 1. 3.2 COC will attend the Sustainable Communities Summit on Saturday, November 8, facilitate and train volunteer facilitators to conduct at least two break-out group sessions at the event, and present on the draft vision, guiding principles and the Natural Step. Subtasks include: 32.1 Prepare for presentation on Natural Step framework. 5 CPGAN OWENS COGAN 3.2.2 Prepare for presentation on draft vision and guiding principles. 3.23 Prepare strategy for break-out groups, facilitation and facilitation training to solicit feedback on draft vision and guiding principles, and to develop actions to achieve the vision and guiding principles. 3.3 COC will provide Summit graphics and support as follows: 3.3.1 Create up to four camera-ready posters/boards to display at Village Fest booth, e.g. 1) showing City's progress to-date, 2) draft vision, 3) guiding principles and 4) timeline of the sustainability vision and action plan process. 33.2 Create a camera-ready media release to distribute to local media. 3.33 Create a camera-ready flyer/poster for the City to distribute to community and business groups through the Local Outreach Group outreach process and other means. 3A Following receipt of consolidated outreach meeting, questionnaire and Summit summaries from the City, COC will prepare a draft Outreach Report and Recommendations. This Report will include a summary analysis of what people said during the outreach process and describe what those comments will mean for the vision, guiding principles and action plan. 3.5 Following receipt of consolidated comments on the draft Report, COC will prepare a final Outreach Report and Recommendations. Task 3 COC Deliverables.- A- Camera-ready Summit flyer. B. Camera-ready Summit media release. C. Four camera-ready posters for Village Fest booth. D. Facilitate break-out groups at Summit. E. Train volunteer facilitators for breakout groups at Summit. F. Draft Outreach Report and Recommendations. G. Final Outreach Report and Recommendations. Phase I11: Vision,Strategy and Action Plan Task 4: Vision, Goals, Guiding Principles 4.1 COC will finalize draft vision according to background research and community outreach. 4 2 COC will finalize guiding principles according to background research and community outreach. Task 4 CDC Deliverables: A. Memorandum, including recommended final vision and guiding principles. Task 5: Action Plan This task will focus on creating community-scaled, multi-sector actions (plans, policies, programs, networks, institutions, etc.) to help realize the vision and guiding principles identified in the previous tasks. Some systems may be new while others are enhancements of existing systems that seem to be working. in either case, the systems must bring identified local assets to bear in satisfying identified needs. We will work with the City to define key challenges and opportunities, assign responsibilities, and delineate specific tasks and timeframes for implementation. Specific tasks include: 5.1 COC will develop potential actions by "vision backcasting" and supplement these actions with information learned through background research and community outreach efforts- 6 COGAN O W ENS COGAN 5.2 Based on the list developed in Task 5.1, COC will develop a draft action plan matrix that will include the following for each potential action: • Priority • Feasibility • Responsibility • Timeline • Linkages between action areas • Measurement/benchmark to assess progress over time • Cost vs. benefit: COC will develop a basic estimate on the benefits vs- costs of each action, e.g., cost=high, medium, low vs- benefits=high, medium. low. • Investment strategy: A list of funding strategies appropriate for clusters of actions. 5.2.1 Additional deliverable: Alternatively, COC could develop a specific cost vs. benefit analysis with dollars assigned to each action (see budget). 5.2.2 Additional deliverable: Alternatively, COC could develop a derailed investment strategy for each action, including source offunds, key pariinerships, etc. 5.3 COC will meet with a City Task Force (members TBD) over a two-day period. The purpose of these meetings will be to review the list of actions and suggest any revisions, finish filling in the action plan matrix and assigning champions to each task. Building upon the agreement already signed by each Leadership Council member, this effort will include assigning tasks to each champion to carry forward the City's Sustainability Action Plan and refining priorities assigned in the draft action plan matrix. We also will assist in identifying the "low hanging fruit" strategies and create the City and neighborhood-scaled actions necessary to achieve the vision identified in the previous phase. 5A COC will prepare a revised action plan matrix based on discussions in Task 5A, plus the following: 5.5 COC will prepare a final action plan matrix following receipt of consolidated City comments. Task 5 COC DeCiverables: A. Final draft list of potential actions. B. Draft Action Plan Matrix, C. Revised Action Plan Matrix- D. Final Action Plan Matrix. Task 6: Charting Progress In this continuing task, our team will work with the City to create a series of indicators and governance processes that will help the City of Palm Springs manage and assess progress towards realizing its vision. A key aspect of progress charting is using the vision process and implementation as an opportunity to create synergistic cross-sector collaborations among public, private, non-governmental, academic and philanthropic partners. 6.1 COC will develop a draft Monitoring Plan with indicators and management processes and recommendations on what the City can be doing to carry the action plan forward and chart progress over time. These recommendations will include instructions on how to create a consolidated community calendar on sustainability and ideas for how to establish a systematic, cyclical process for managing and updating the City's planning and training system for sustainability in the community. 6.2 Following receipt of City continents on the draft, COC will develop a final Monitoring Plan. 6.3 COC will develop a draft memorandum (approximately four pages) on management options for future sustainability actions, e.g., sustainability commission or other. 6.4 following receipt of City comments on the draft, COC will develop a final memorandum on management options. 7 COGAN OMENS COGAN Task 6 COC Deliverables: A. Draft Monitoring Plan with indicators. B. Draft memorandum (approximately four pages) on management options for future sustainability actions, e.g., sustainability commission or other. C. Final Monitoring Plan with indicators. D. Final memorandum (approximately four pages) on management options for future sustainability actions, e.g., sustainability commission or other. Task 7: Final Presentation COC will present the recommended Final vision, guiding principles, actions, Monitoring Plan and management to the City Council, Leadership Council,Local Outreach Group and public agency directors. 7.1 COC will prepare a draft PowerPoint presentation. 7.2 COC will finalize the PowerPoint presentation. 7.3 COC will give the presentation on the final vision, guiding principles, actions and Monitoring Plan to local leadership groups. Task 7 COC Deliverables: A. Draft and Final PowerPoint presentations. Task S: Project Management COC will employ a number of techniques to ensure that we produce high-quality work products in a timely manner throughout this project, including: • At the outset, assist the City with clarifying objectives and expectations. • Establish clear roles and responsibilities for staff and consultants, including a project schedule with measurable milestones. • Hold periodic meetings, telephone or email conversations with the City project manager to determine satisfaction with the work in progress and any needed changes. • Adhere to the highest professional standards. • Be open to innovative and creative ideas and approaches localized to Palm Springs and California. • Develop a realistic budget and workplan that includes quantitative measures of performance, such as number of meetings, interviews and report drafts. • Review work progress carefully to make sure time expended matches available resources and take corrective measures when needed. • Be readily available for telephone and electronic consultation. The attached timeline illustrates tasks to be completed over the duration of this project. G ODTrop..IM2008T.h Spring.Sud Plan\Revised Scope of Work Sept 08ad,,,ed Drell Swpe a 23 08 CLEAN doe COQAN OWENS COGAN City of Palm Springs Sustalnability Vision Septern ber 9,2008 Revised Cost Estimate* Task 1-leck-oft maelings" 39' 30- 4. $5,000 30 - -_ - _,_ 1.1 Prepare camera ready agendas and meetir>g maledals For kick-off mee0rgs 4 4 1 _ 1.2 Plan kick oft tneetings _ _ 6 2 2 2 _z - 1.3 Drop Asians 1 2 . 4 1 1 1.4 SummiFplan memarandmu 1 1 3 1 1 1.5 Prepare for meeting vnlh Mayor,City Mgr and City PM{prep} 1 3 1 LG Prepare Malural Step onanlation 1 5 1 4 4 - 1 7 Draft data needs hsl 1 2 5 2 1 1 1 2 2 - 1 8 Draft Cdy Aaency Guidance Workhatik i 2 2 2 8 1,9 Prepare for meeting Mimi Agency Department Heads f 1 2 1.10 Prepare for green building policy and options City Counml discussion 1 4 4 4./1 Outreach hi 1 1 2 112 DevHop Local Outreach Group Outreach Toolkil and prepare for lralnlng 4 1 18 8 1.13 and 1.114 Draft and Tina'kick off surr,mary 1 4 48 2 Total FeesTask1 $2,160 $6,885 $16.400 $1,330 $9 $220 $5,000 $25,e05 $9.225 $075 $120 $600 $0.820 $270 $5,750 $42,835 Task 2: Identify and Assess Currenl Conditions 2 1:Final data needs list 1 1 2 2 1 2 2 Final City Agency Guidance Workbook 1 1 2 2 2.3 NOW Bala compilatim support 2 4 Draft Summary Analyais and Ry ommendatlons Report 2 4 a 4 4 4 4 4 2.5 Final Drall Summary Analysis and Recommendations Report 1 1 2 2.61den[incalion of quick-sled actrons I 2 1 1 Total Fees Task $810 $1.215 $1,520 $0 $0 $0 $0 $3,545 $1,575 5B75 $4 B9 $480 $3,4111 $540 $875 $8,370 -- - `_ >._�,_. �. Task3 Pul J c Engag-ment and Surnmil 3.1 Support Local Group Outraach(up[a 20 rneelrngsy 4 3.2 Allend,present,[rain facildalors and facilkale at Summi P• 20 30 30 $3,500 3.2.1 Prepare for Natural Slep frame}%%n presenla`[on 1 1 4 1 3.2 2 Pre are for vision,guidmo principles presentation 1 1 4 I 3.2.3 Prepare slra[sgy for hreak-oul groups,factl,alion and facil Ulan lminirg 4 2 a 3 3 Sum-nil graphics and support 1 1 4 4 331 Four posters 1 1 4 4 3 3 2 Moc is re:eas 1 1 2 3.3.3 Flyeri Poster 1 3 4 4 3.4.Draft Oulreach ReW and Remmmeriaflons 1 2 3 f 5 8 4 3.5 Final DuUeach Report and RE ammendal[ons 2 a B 4 Tolal Fees Task 3 $4.590 $G,U75 I $6,800 $1,920 $0 $220 $3,555 1 $23,555 1 $0 $0 1 $8 cOcAN oW cNs Gt.➢ocumenis and Se[hngs%DauglasHlLocal SeltingsVemporary Inlerne[Filcs%OLK9B1Copy of Final Palm Springs Budget 9_9_08 Final(1) CO.®AN Task 4:Vision',Gaals;Giddld`'pdnclples. 4 1 final Vision - 1 2 4 4,2 Fnal Guiding Prfnaip=s 1 2 4 2 '2 Tolaf Fees Task $270 $546 $640 $9 $[I $a $0 f_$1,-0SD $,Od0 f_6 @Q SD son �5$Q _ ¢500 Task 5,Acilm Plan 5.1 Develop drag of Iisl potential actions 1 15 20 6 2 2 2 1 1 5.2 Draft action plan matrix $0 10 4 4 4 4 4 4 5.3 AcQc•n plan rc.ebng- 2 30 30 $3,500 0 5 5 5.4 Resnsed action plan maldx 2 5 5 2 2 2 2 2 2 5.5 Final Acton plan main 1 2 4 2 Total Fees Tasks $810 $a,370 $5.520 $D $0 $0 $3400 $16,2DD $9.90D $1.40D $960 $9E0 $i3,220 $1,62Q $],51lQ $34,549 Task 6: Chaninq Progress - 6.1 Dra$h{onilonng Plan 1 6 2 4 2 2 2 2 6 a 6 2 Final MwHonng Plan 1 2 2 1 6.3 DraR management op[ions I G 2 4 2 ( 6 6.4 Final management options 1 2 2 1 TOM Fees Task6 $540 $2,fo0 $64D $700 $D $o $0 $4,040 $DUD $350 $240 $240 $1,13G We $1,500 $a,Dae Task 7-Final NesenEation 7.1 and 7.2 Dra 1 and final PmverPelnt 1 2 8 2 1 1 1 1 7 3 Presentation" 2D 51,000 Total Fe as Task? $135 E970 $640 $140 $Q $0 $1,Do0 $4,685 5225 $775 $0 $Q $dW $135 $125 $5,545 Taek6: ProectMana ament 1D 30 15 3 Total Fees Task $1.350 $4,05D $1,200 $o $210 $0 tD $Biala $9 $0 $D $U $o $0 $o ,$6,810 Total Hours 79 239 1 342 57 3 8 101 21 15 19 29 82 _ n�?�-�� Addiilonal Services - 2.3.1 Cample[e initial data review 4 10 40 7 2D 8 6 8 a 0 $540 $1,35o $3,200 $0 $70 $D $9 $5,1an I $1,45D $960 $96D $7.820 $1,6a0 $1,000 $f5,060 5 4.2 Dola,!ed cost vs.6enefl anatysis 4 20 20 1 6 6 6 10 23 $540 $2,7DD $1,60 $Q $70 $0 $0 $4,910 $1,050 $r2Q $720 $6,99G $1.350 $2,500 $15,750 5.4 4 Detailed Inves[menl_SIra[`gy 4 2D 20 1 1 1 1 5 10 $540 $2$700 $1,600 $0 $70 $0 SD $4,97D $175 $126 $120 $2,66E $675 $1,250 $9,5Q0 •Assumes n six�monfh process. "Team(ravel expenses are shown ender the Expenses column it i cac 2 n NCNS C Wao unnsnls and SeltingsiDouglas HlLocal SellingsfTemporsry Julemel FilesMI(MaCopy of Final Pain Springs Budyl9_g_OS T++net(1) CO®'u' ! } / ( \ \ � § ( . , - I r , o o d : il6) g R ! d dl ! ) ! d \ lS : i1 ©uz5 C , C } \gmp g � J ` } \ �\ zmm . °\ dtr ( / \§ ` \ / �/( / R \ 2 ( 9 l,0 City of Palm Springs palm springs z " Sustainable Community Consulting Services Pa City of Palm Springs Roles and Responsibilities ' i,n�jj1 r n September 9, 2008 Throughout the project, Cogan Owens Cogan, UC (COC) has assumed the City will: 1. Schedule and provide meeting space and logistics (equipment, refteshments, tables, chairs, etc.) for all meetings, presentations and events. I Provide copies of materials (agendas, Toolkit, Workbook, questionnaires, etc.) at all meetings, presentations, outreach and events. 3. Schedule, invite and encourage participation of appropriate parties (e.g., agency, Economic Development Commission (EDC), Leadership Council, City Council and community) at all meetings, presentations and events. 4. Take notes,transcribe and summarize the Summit and provide these summaries to COC. 5. Take notes,transcribe and summarize citizen outreach meetings and provide these summaries to COC. 6. Review and provide one consolidated set of continents on all draft deliverables to COC no later than one week before each final draft is due. Task 1 City Deliverables: A. Final meeting schedule, arTangements and logistics for November Summit and four associated event days. B. Agency]toads should come to the kick-off meeting having reviewed the data needs list and assessed which items are available, which are not, what is out of date, the quality of the information and where the list needs revision and/or clarification. C. Take notes at all kick-off meetings,then transcribe and compile the results and deliver them to COC. D. Consolidated comments on kick-off meeting summary. Task 2 City Deliverables: A. City department heads will review existing plans, City programs, operations, policies and regulations, summarize them (most likely cut and paste or pointing to page numbers) according to the questions in the data needs list and the framework and training COC provides at the kick-off meetings and deliver it to COC. B. Take notes at all Local Outreach Group community meetings, then transcribe compile, summarize the results according to COC's summary template and deliver them to COC. C. Distribute questionnaires through Local Outreach Group and Summit events, then collect, compile, summarize the results according to COC's summary template and deliver them to COC. D. "Test" questionnaire in online survey tool (e.g., Survey Monkey), provide link to the community (through website or other outreach methods). Provide a summary of both the hard copy questionnaire results and SurveyMonkey, on-line Web-based results. G- Take notes during the Summit and transcribe flip charts used during break-out sessions. Compile and summarize these notes and deliver them to COC. F. Consolidated comments on Summary Analysis Report and Recommendations- ] COGAN O WENS COGANT Task 3 City Deliverables: A. Final Summit Agenda. B. Draft summaries of up to 20 community meetings using COC template and provide to COC- C. Translate questionnaire into Spanish and other languages as appropriate. D. Prim questionnaires for outreach meetings (as part of `I'oolkit) and all November events (number TBD). E. Print posters for Village Pest booth. P. Provide interpreters for Village Fest and other events as needed. G. Create a booth or other setup to display sustainability information at Village Fest. H. Provide volunteer facilitators for Summit(number'1'BD). I. Provide consolidated comments on draft Outreach Report and Recommendations. Task 4 City Deliverables None. Task 5 City Deliverables A. Convene appropriate City and community members to form a City Task Force that will meet with COC to review the list of actions and suggest any revisions, finish filling in the action plan matrix and assigning champions to each task. Building upon the agreement already signed by each Leadership Council member, this effort will include assigning tasks to each champion to carry forward the City's Sustainability Action Plan and refining priorities assigned in the draft action plan matrix. Carry forward the "low banging Fruit" strategies and create the City and neighborhood- scaled actions necessary to achieve the vision identified in the previous phase. B. Provide consolidated comments on the Revised Action Plan Matrix. Task b City Tasks/Deliverables: A. Utilize the Monitoring Plan to establish a systematic, cyclical process for managing and updating their planning and training system for sustainability in the community. Develop a schedule to review progress by means of assessing indicators at designated times in the finure. These check-ins could occur every six months with course corrections happening thereafter. B. Provide consolidated comments on the Monitoring Plan and management options. C. Establish a schedule and cyclical review and training process based on the Action Plan, Monitoring Plan and management options. Additional Services: If the City decides to contract with COC for the following additional services,then the City will: 2.3.1 Provide sources for data review. 5.2.1 Cost vs.Benefit: Provide data for cost development and collaborate on benefit methodology. 5 2.2 Investment Strategy: Collaborate on partners, sources and strategies. r i9Ml1ropnmlH\21J1Nl ilni Sprin,Sust Plan\Revixd 5copv oil Wok Supt)Mst of what City will do doe 2 COGAN O\4EN$ COGAN EXHIBIT I'D"' INSURANCE REQUIREMENTS L Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. Insurance required herein shall be provided by an authorized insurance company and admitted in the State of California and having a minimum A.M. Best's Guide hating of B+, Class VI1 or better, unless such requirements are waived in writing by the Risk Manager or his/her designee due to unique circumstances. In the event the Risk Manager determines that the Work or Services to be perfortned under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance politics may be changed accordingly upon receipt of written notice from the Risk Manager or his/her designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Consultant shall provide City certificates of insurance in a form acceptable to City indicating the deductible and self-insured retention amounts and the expiration date of the policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of the policy. All insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least One Million Dollars ($1,000,000.00) bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The commercial general liability policy shall narne the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsements. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in frill force and effect throughout the tern of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. C. Business Automobile Insurance. Consultant shall obtain and maintain, in frill force and effect throughout the term of this Agreement, a policy of business automobile habihty insurance written on a per occurrence basis with a single limit liability in the amount of One Million Dollars ($1,000,000.00) bodily injury and properly damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. II. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager prior to commencing any work or services under this Agreement. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, employees, agents or volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. III. Other Insurance Requirements. The following provisions shall apply to the insurance politics required of Consultant pursuant to this Agreement: A. The commercial general, business automobile, and employer liability policies shall be endorsed to contain the following provision, or a similar provision approved by the Risk Manager: "City and its officers, council members, Officials, employees, agents, and volunteers, and any public agencies whose approval of the project is required, are additional insureds with respect to. liability arising out of acts or omissions of or on behalf of Consultant; products and completed operations of Consultant; premises owned occupied or used by Consultant; or automobiles owned, leased hired, or borrowed by Consultant. " The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. Additional insured endorsements are not required for the professional liability and workers' compensation policies. D. For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. in the alternative, the insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, council members, officials, employees, agents, and volunteers, and their respective insurers. C. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers- D. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified by either Party, or reduced 2 in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. Notwithstanding the foregoing in this subsection, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice. T. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. G. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Risk Manager and approved in writing. H. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 1. Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in ale Project will be submitted to the City for review- J. Consultant acluiowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. K. Consultant shall provide proof that policies of insurance required herein expiring during the tenn or this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Lndorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. L. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. M_ The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. N. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assures no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claims or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. O. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. IV. Verification of Coverage. Consultant shall furnish City certificates of insurance and original endorsements, including additional insured endorsements, in a form acceptable to the Risk Manager, affecting all of the coverages required by this section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Consultant shall provide to City all certificates and endorsements required by this section before connnencing any work on the Prqj ect. 4